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Council PKT 04-20-2010 RegularCITY OF ,'.�,,,�.... Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall Aprii 20, 2010 — 7:00 pm www, cityofied eral wa y. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Proclamation: National Volunteer Week ...page 3 b. Hispanic Community Leadership and Korean Advisory Committee introduction and reports... 6 c. Megan Johnson Youth Volunteer Achievements d. High School Basketball Championships e. City Manager Emerging Issues / Introduction of New Employees 4. CITIZEN COMMENT PLEASE COMPLETE A P/NK SLIP & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING.. When recognized by the Mayor, come forward to the podium and state your name for the record. PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments that exceed three minutes, relafe negatively to other individua/s, or are otherwise inappropriate. 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: April 6, 2010 Special and Regular Meeting ... page 10 b. Grant Funding for Transportation Improvement Projects —"Safe Routes" to Schools, and Pedestrian and Bicycle Safety Program ...page �� c. Setting Public Hearing Date for the Street Vacation of a Portion of 8"' Avenue SW ...page 20 d. 20�' Way S. Street Lighting Project — Bid Award ... page 28 e. Purchase a Ford F250 Super Cab Pickup Tnack Using Replacement Reserve Money Currently Allocated for Vehicle Replacement ...page 31 f. Landscape Bid Acceptance ... page 33 g. RESOLUTION: Authorizing the Use of the Performance-Based Contract Process for Energy Services Pursuant to Chapter 39.35A RCW ...page 3s h. CB #533: ORD: Proposed Franchise Agreement with Lakehaven Utility DISt�iCt ...page 46 i. Marine Hills Emergency Pipe Repair - Project Acceptance ... page 75 The Counci! may add items and take action on items nof listed on the agenda. 6. COUNCIL REPORTS 7. CITY MANAGER REPORT 8. EXECUTIVE SESSION Potential Litigation Pursuant to RCW 42.30.110(1)(i) Property Acquisition Pursuant to RCW 42.30.110(1)(c) 9. ADJOURNMENT The Counci► may add items and take action on items not listed on the agenda. � GITY OF ,� FederalltVay "National Volunteer Recognition Week" WHEREAS, the entire community can inspire, equip and mobilize people to take action that changes the world; and WHEREAS, volunteers can co�nect with local community service opportunities through hundreds of community service organizations and volunteer centers; and WHEREAS, individuals and communities are at the center of social change, discovering their power to make a difference; and WHEREAS, during this week all over the nation, service projects will be performed and volunteers recognized for their commitment to service; and WHEREAS, the giving of oneself in service to another empowers the giver and the recipient; and WHEREAS, experience teaches us that government by itself cannot solve all of our nation's social p'roblems; and WHEREAS, our city's volunteer force of over 1,000 individuals is a great treasure; and WHEREAS, volunteers are vital to our future as a caring and productive nation; and WHEREAS, the City of Federal Way has made a commitment to serve its citizens and non- profit organizations by supporting volunteerism whenever possible. NOW, THEREFORE, We, The City Council of the City of Federal Way, do hereby proclaim April 18 2010 as "National Volunteer Recognition Week" in Federal Way, Washington and urge our fellow citizens to volunteer in their respective communities. By volunteering and recognizing those who serve, we can replace disconnection with understanding and compassion. PROCLAIMED this 2oth day of April 2010. Linda Kochmar, Mayor Jeanne Burbidge, Councilmember Roger Freeman, Councilmember Dini Duclos, Deputy Mayor JackDovey, Councilmember Jim Ferredl, Councilmember Mike Park, Councilmember ` CITY OF � Federal Way MEMORANDUM TO: FEDERAL WAY CITY COUNCIL MEMBERS FROM: LYNNETTE HYNDEN, HUMAN SERVICES DIVISIONAL MANAGER VIA: BRIAN WILSON, CITY MANAGER/POLICE CHIEF� `��'''° GREG FEWINS, COMMUNITY DEVELOPMENT SERVICES DIRECTO�� DATE: APRIL 15, 2010 RE: VOLUNTEER PROCLAMATION PRESENTATION This year's National Recognition for Volunteerism is set for April 18�' through the 24"', therefore, in concert with this set schedule, the City Of Federal Way Human Services Division's Volunteer Program would like to recognize all the volunteers that make this city a great place to work, live and play! On April 20, 2010, you will be recognizing our local volunteers by proclaiming this same week as the City Of Federal Way Volunteer Appreciation Week. In preparation to proclaim and recognize our volunteers this year we have invited our special guests to the upcoming Volunteer Dinner on April 23, 2010 as well as prepared some highlights ftom the 2009 volunteer program. The number of counted volunteers and the overall hours documented in 2009 increased from previous years. There were 1087 citizens who volunteered in either a one-time event or on-going supportive services. The total number of hours was 17,993 which if paid at an hourly rate of $21.18 would be worth over $381.000 dollars. These numbers represent in-kind services that directly support our local Federal Way residents. On Apri123, 2010 we will be keeping with tradition and awarding the following individuals with their milestone awards: 10 years: Jackie Pedone, Police 5 Years: Dwight Becker, Police David Ehlers, Police Tom Lookabaugh, Public Works/Surface Water Management Dauna Perry, Police Cheryl Triplett, Police Russ Williams, Community DevelopmenUHuman Services Commission Bob Wroblewski, Community Development/Human Services Commission 500 hours: David Ehlers, Police Lottie Kinney, Police Dan Langworthy, Police Shirley Lorenz, Police Michael Lotto, Emergency Management Ed Mathews, Police Char Monuzsko, Parks/Recreation Marben Sanchez, Police However, this year we also deviated from our traditional awards that are presented and sought out a Volunteer Contribution to showcase. This recognition is something we plan on making a yearly event. Showcasing a group or an individual as a Community Contributor who makes a difference will be our focus. This years outstanding volunteer contribution being showcased is our IEMC Volunteer Team. They will be accepting the City's Proclamation on behalf of all volunteers here in Federal Way. 2009 Outstanding Volunteer Contribution: IEMC Volunteer Team — Annette Coder, James Coder, Shelly Graham, Steve Hatch, Shawn Hickman, Davina Nolten and Dave Swartr Other Notable 2009 Volunteers: Michelle Biden, Public Works/Solid Waste Recycling Kathryn Lipscomb, Human Resources Andrew Wood, Human Resources Rob Sanders, Parks/Recreation Finally, I want to acknowledge the retooling of our volunteer program and one of its many achievements this year. Beyond revamping our website to make it user friendly and easier for our volunteers to view and then ultimately apply for volunteer opportunities, Jennifer Teeler, Volunteer Coordinator, implemented a"Community Volunteer Alliance." Community Volunteer Alliance Formerly, the purpose of the City's volunteer program was to pair community members seeking volunteer work with opportunities assisting City staff. However, as the economy worsened and the political climate at all levels endorsed the idea of volunteerism, the number of community members seeking meaningful volunteer work in the immediate area grew exponentially. Jennifer Teeler began to explore the idea of creating a coalition in Federal Way with other organizations that depend on volunteerism and the Community Volunteer Alliance was developed. The alliance is made up of a group of agencies in and around Federal Way who use volunteers on a regular basis. Jennifer facilitates Alliance meeting at City hall every two or three months. Forming the group has resulted in increasing the number of volunteer opportunities that are available to community members. There are other benefits as well: • Alliance members have gotten to know each other and have begun to explore ways to coordinate their efforts and increase their effectiveness. • Alliance meetings include ample time to share ideas and advice that benefit everyone. •�Special guests are invited to Alliance meetings to address issues that are of interest to the group — essentiaEly providing free training to the attendees. • Jennifer is able to leverage the City's information outlets (including the webpage, www.cityoffederalwav.com/volunteer, Channel 21, email, press releases and printed material) to spread the word about volunteer opportunities in the area, benefitting both the volunteers and the agencies. • The Alliance members are made aware of programs and events in the area that they might be interested through periodic emails that Jennifer compiles and sends to the group. For an example of collaborative outreach, the group has combined their efforts to distribute posters and table tents throughout Federal Way promoting volunteer week and directing interested people to the City's website. Creating and facilitating the Community Volunteer Alliance has been an exciting and rewarding project. It has been a great example of how effort and ingenuity can be combined to benefit our Federal Way community. COUNCIL MEETING DATE: April 20, 2010 ITEM #:�_ _..... _.. __ _.. _ _ _ _.__ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB,TECT: Presentation: Korean Advisory and Hispanic Leadership Community Committees POLICY QUESTION: NONE COMMITTEE: NONE CATEGORY: ❑ Consent ❑ City Council Business ►� ■' Ordinance Resotution STAFF REPORT BY: LYNNETTE HYND$N, HLTMAN SERVICES DNISIONAL MANAGER MEETING DATE: ❑ Public Hearing � Other DEPT COMMUNTTY DEVELOPMENT SERVICES Attachments: Memorandum da.ted: April 13, 2010 to City Council Members. Options Considered: N/A STAFF RECOMMENDATION N/A CITY MANAGER APPROVAL: y � Committee �� COMIVIITTEE RECOMMENDATION: DIRECTOR APPROVAL: ittee Committee Chair Committee Member ComYrrittee Member PROPOSED COUNCIL MOTION `7 move approval of " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED l ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SEGOND READING (ordinances onlyJ ORDINANCE # REVISED - 02/06/2006 RESOLUTION # C ` CITY OF � Federal Way MEMORANDUM TO: FEDERAL WAY CITY COUNCIL MEMBERS FROM: LYNNETTE S. HYNDEN, HUMAN SERVICES DIVISIONAL MANAGER VIA: BRIAN WILSON, CITY MANAGER/POLICE CHIEF� GREG FEWINS, COMMUNITY DEVELOPMENT SE ICES DIRECTOR DATE: APRIL 13, 2010 RE: KOREAN ADVISORY AND HISPANIC LEADERSHIP COMMUNITY COMITTEES The "liaison" program has been evolving from the customarily known translation and interpretation services to building community outreach for collaborative purposes with cultural groups in our Federal Way Community. We currently are serving the Korean and Hispanic cultures. Both liaisons have been working very diligently on facilitating identified leadership teams within their scope of work to assist in removing barriers for full participation of what usually tends to be the disenfranchised community partners. As the Human Services Divisional Manager within the Community Development Services Department, it seemed very natural to reach out into our local Federal Way community and find very passionate leaders from our Korean and Hispanic Communities. "Help them help themselves" become a part of the larger communiry has been the overarching theme. The liaisons were charged with building a team to support their efforts of community collaboration and building — bringing cultures closer in Federal Way. The liaison's role is to facilitate the community leaders to represent their communities for the advancement of improved communication and community building. Developing partnerships with local businesses, differing cultures, non-profit organizations, local schools and government entities moves forward the concept of inclusion and serving the community to meet their own needs. The community's prosperity will blossom as more and more cultures fully participate. The Hispanic Leadership team has developed their mission and goals and membership: MISSION The purpose of this Committee is to function as a liaison befinreen city administration and the Hispanic community and to advise and make recommendations to the Hispanic Community Liaison and Human Services Manager on current and future issues, needs, programs and services as they relate to the Hispanic community and to ultimately improve the quality of life for all residents of the city. GOALS Encourage Hispanic Leadership and the advancement of Hispanic residents in the City of Federal Way Promote a positive image of the Hispanic community through press, community presence and education of non- Hispanics. Create and improve communication links between the residents and city government Evaluate existing community services, identify needs and improve access Develop partnership/trust befinreen City government and the Hispanic community. Marie Peterson - Originally from Mexico, Marie works for DSHS as a Foster Parent advocate and recruiter for Spanish speaking foster families. She is passionate about helping the Hispanic community and has participated in the group since its start. Maria Dahl - From Spain, works as an interpreter for Public Health and Federal Way Schools she also advocates for other parents and encourages parent participation in their child's education. Carmen Kaler - From Chite, works in the Family Partnership Office of Federal Way Schools and is an active advocate for other parents in our community. Arlene Gutierrez - From Puerto Rico, she currently senres on the Diversity Commission but got her start on the Hispanic Leadership Committee and continues to support its proyects and mission. She has a passion for helping other women who are victims of abuse. Jesse Gutierrez - From Mexico, he is the President of the Northwest Spanish Pastors Alliance and is a small business owner of Grafco Electric. Silvia Cazares - From Mexico, she works at a Pharmacy in Fife but has turned in to an advocate for her child's education and for other parents whose children are at risk of getting involved with gangs and bad influences. Manolo 2aldivar - From Mexico, works in Latino Outreach for Washington State Labor & Industries. He actively advocates for workers to inform them of their rights, p�ovide trainings and connect them with resources. Nancy Struthers - From Colombia, our newest member. She has experience working as an executive assistant, bookkeeper, waitress, actress, and for the last 6 years has worked as a real estate agent. She is married and has 10-year-old finrin boys. She has been a Federal Way resident for the last 9 years and loves to be involved in the communiry. CaMos Alvarez - From Honduras, is a teacher at an at-risk children's shelter for Pioneer Human Services and a mentor for at-risk youth in Federal Way schools. Idalie Munoz Munoz - from Puerto Rico, owner of Munoz Media which focuses on marketing to the Hispanic market. She has more than 20 years experience in public relations and media and frequently speaks at seminars on this topic. The leadership committee can celebrate some tangible accomplishments this year: Accomplishments of Latino Leaders in Federal Way • Represent a network of Latinos from business, schools, government and social services. • Initiated the movement to have informational gang meetings. • Recently the ladies helped to plan and organize a Latina Women's Conference with over 250 in attendance. • Aided in creating stronger partnerships in schools and public service agencies by lending their voice and presence. • Many help organize and support the Latino Health Fair that had 1,200 participants last year. • Increased participation on the Diversity Commission - where there was not a Latino voice previously, now there are 3 active members and altemates. • Met with Police Chief, School District Superintendant to advise on the needs of the Hispanic community. The Korean Advisory Committee was formed just this March, 2010. The group has committed to coming together to share their expertise in addressing the community's needs and helping it thrive. They have developed their own core values, mission and goals for this upcoming year. CORE VALUES • Belief in and commitment to the collaborative process. • Respect; integ�ity; honesty • Strength-based and family-centered approaches • Diversity • Holistic view of children, adults, and family MISSION Korean Advisory Committee of Federal Way collaborates with the city of Federal Way to connect community leaders, media, businesses, agencies and organizations together to develop creative solutions for positive change that brings a better quality of life and advancement of the Korean community in Federal Way. GOALS • Increase Korean Leadership and advancement of the Korean community in Federal Way. • Conduct marketing and outreach efforts through Korean newspapers, radio and television. • Assure access to services. • Inform community agencies on how best to serve the community. • Provide and / or facilitate necessary programs to fit the need of the community • Develop partnership/trust between City government and the Korean community. The new Korean Advisory Committee: Celeste Lee is a program manager for Senior Nutrition Services, Social Services and SHIBA Helpline at Korean Women's Association of Washington State. KWA is a multi-lingual, multi-cultural community senrice agency offering a variety of services to better the quality of life for underserved populations and minorities in need. John Sheller is a managing librarian with the King County Library System and the KCLS community liaison for Federal Way libraries. John is an active member of the Federal Way Chamber of Commerce and a member of the Multi-Service Center board of directors. Mischellie Oh is a wife and a mother currently working for Federal Way School District for the last 11 years. She is also actively involved with working with kids by tutoring who are in need of help in school. Sue Lee Gammon is a head of the Operations Department and leading the Deposit Marketing Team at Pacific International Bank. She is a mother of three and came to the United States in 1977. PI Bank was founded in 2001 and the branches are located in Seattle, Lynwood, Federal Way and Tacoma. Hyun Hwang is a director of Asian Counseling Services. ACS is part of Good Samaritan Behavioral Healthcare which offers a full array of inental health services to Asian populations. Kenneth Kyongho Ko is the president of Federal Way Korean American Association. FWKAA strives to enhance the quality of the lives of Korean immigrants and promote the stability of their living. Jean Suh is the founder and CEO of Radio Hankook. Radio Hankook's first broadcast was in 1997 and is the only 24hr-Korean radio station in the Northwest. Currently the radio station broadcasts same content simultaneously with the FCC licensed 2 channels(AM 1230 & AM 1450). Ginger Kwan is the executive director of Open Doors for Multicultural Families. Open Doors for Multiculturat Families is a nonprofit, charitable organization dedicated to ensuring that families who have family members with developmental disabilities and special health care needs. Byung Park is the CEO of Paldo World Inc. Young Lee is the founder of Newlife Family Service & Counseling Shelly Ko is the vice president of KOAM N. Through Comcast channel 257, KO-AM N is the only Korean- American N media in Washington and currently broadcasts in Korean with English subtitles twenty four-hours a day, seven days a week. COUNCIL MEETING DATE: April 20, 201U ITEM #: Sa _._ _ __. __ . _...._ __..__ __ .. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB:IECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the April 6, 2010 Special Meeting and the Apri16, 2010 Regular Meetings? COMMITTEE N/A CATEGORY: � Consent ❑ City Council Business ■ ■ Ordinance Resolution MEETING DATE: N/fl ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeilly City Clerk DEPT: Human Resources Attachments: Draft meeting minutes from the Apri16, 2010 Special Meeting, and the Apri16, 2010 Regular Meeting. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staff recommends approving the minutes as presented. CITY CLERK APPROVAL: N/A 1..!'+I ° ��IRECTOR APPROVAL N/A comimttee council comurittee COMMITTEE RECOMMENDATION: N/f1 N/fl Council PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BYCITYCLER&S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances onlyj ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF ,�,.., Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall April 6, 2010 - 5:30 pm www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Kochmar called the meeting to order at 5:35 pm. Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Jim Ferrell, Mike Park, Jeanne Burbidge, Jack Dovey and Roger Freeman. City staff present: Acting City Manager Pat Richardson and City Clerk Carol McNeilly. 2. CHANGE OF GOVERNMENT a. Citv Departments (Effective date after mavoral election certifiec� Ms. Richardson stated under the Mayor—Council form of Govemment the City Council has the authority to establish City departments, their functions and appointive positions. Ms. Richardson reviewed the city's current organizational structure, departments, departmental functions and appointed positions. b. Appointed Positions -Federal Wav Revised Code (Effective date aftermavoral e%ction certified) Ms. Richardson reported that Washington State Law dictates three (3) mandatory positions. Those positions are City Clerk, Police Chief and City Attomey. City Clerk: Ms. Richardson reviewed the duties and qualifications for the City Clerk position, and the Council approved them as presented. The Council consensuswas not to have appointments to this position confirmed by the City Council. Police Chief: Ms. Richardson reviewed the duties and qualifications for the position of Police Chief, and the Council approved them as presented. Council consensus was to have appointments to this position confirmed by the City Council. City Council Minutes — April 6, 2010 Special Meeting Page 1 of 2 City Attorney: Ms. Richardson reviewed the duties and qualifications for the position of City Attorney, and the Council approved them as presented. Council consensus was to have appointments to this position confirmed by the City Council. The Council directed staff to research sta�ng levels for Councils in other jurisdictions and report back on April 20, 2010. Ms. Richardson reviewed the proposed duties and qualification for the remaining appointed positions. Council directed staff to delete the "years of experience" requirement from the position qualifications and include it in the job announcement when recruiting. c. Follow up on Professional Services Aqreements The Council discussed the current purchasing policies and consensus was to continue this discussion at the April 20, 2010 Speciat Council Meeting. 3. EXECUTIVE SESSION The Council did not adjourn to executive session. 4. ADJOURNMENT Mayor Kochmar adjoumed the special meeting at 6:47 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — Apri16, 2010 Special Meeting Page 2 of 2 CITY OF ,'�..., Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall April 6, 2010 - 7:00 pm www. cityoffederalwa y. com 1. CALL MEETING TO ORDER Mayor Kochmar called the meeting to order at 7:03 pm. Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Jim Ferrell, Mike Park, Jeanne Burbidge, Jack Dovey and Roger Freeman. City staff present: Acting City Manager Pat Richardson, Acting City Attomey Peter Beckwith and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Corbin and Connor led the pledge of allegiance. 3. PRESENTATIONS a. Certificates of Appointment: North Lake Manaqement District Deputy Mayor Duclos presented certificates of appointment to recently appointed members of the North Lake Management District. b. Local Federal Wav Hiqh Schools State Wrestlers Mayor Kochmar presented certificates of accomplishment to wrestlers from Todd Beamer High, Federal Way High, Decatur High and Thomas Jefferson High who placed at the 2010 Mat Classic Competition. c. Arts Commission Featured Artist Marshall Johnson Mayor Kochmar stated this months City Hall Art Exhibit features art by Marshall Johnson, a Washington native and well established artist. Mr. Marshall thanked the Council for the opportunity to display his work. d. Citv Manaqer Emer�inq Issues / Introduction of New Emplovees Acting City Manager Richardson reported the City received the 2010 Well City Award from Association of Washington Cities, which will result in a 2% reduction in benefit costs. Council Minutes Apri16, 2010 Regular Meeting Page 1 of 4 Economic Development Director Patrick Doherty provided a report on the Sister City Trip to Donghae Korea. Representatives from the City met with the Mayor, Deputy Mayor and City Officials. They toured Donghae to see new development and infrastructure. They also had the opportunity to meet with potential international EB5 Status investors. Court Pixton, a local Commercial Real Estate Broker and Mark Clirehugh, a representative from the Federal Way Chamber or Commerce also attended the trip and shared their experience in Korea. e. NFL Hall of Famer— Flovd Little (Reception Following) Mayor Kochmar read a proclamation declaring April 6, 2010 Floyd Little Day and presented it to Mr. Little. Mr. Little thanked the Council for this honor. The Council then recessed for a brief reception from 7:33 pm to 7:48 pm. 4. CITIZEN COMMENT Norma Blanchard spoke regarding the March 23, 2010 Special City Council Meeting. She waited outside the Hylebos Room for the FEDRAC meeting to end and the Council meeting to begin. Somehow, she missed the Council Meeting. She wants to make sure all Council Meetings are open to the public. Donald Barovic stated Hylebos Creek runs through his property. He is concemed about storm water run-off into the creek and would like to see the creek restored for salmon habitat. Mike Stanlev stated he created the community garden at the Senior Center and is now working on a garden in the Camelot Square neighborhood. He is seeking resources to assist with that project. Martin Moore thanked the Council for the campaign contributions ordinance passed they passed on March 16, 2010. He also stated he feels the Sister City Trip is beneficial to the future of the City. Acting City Manager Richardson responded to Ms. Blanchard's public comments. Ms. Richards stated the meeting Ms. Blanchard is refemng to was conducted in compliance with the Open Public Meeting Act. 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: March 16, 2010 Special and Regular Meeting, March 23, 2010 Special Meeting. APPROVED b. Monthly Financial Report APPROVED c. Vouchers APPROVED . . , e. Agreement for Probation Services APPROVED f. Interlocal Agreement with City of Auburn for Conservation Resource Manager APPROVED g. Council Bill #530/Proposed Text Amendments to FWRC - Accessory Dwelling Unit (ADU) Size Calculation, Minimum Lot Size and Housekeeping Amendments APPROVED ORDINANCE 10-651 h. Council Bill#531/Proposed Text Amendments to FWRC - Appraisal Council Minutes Apri16, 2010 Regular Meeting Page 2 of 4 Requirements APPROVED ORDINANCE 10-652 i. Council Bill #532/Proposed Text Amendments to FWRC - Short Subdivision Notice APPROVED ORDINANCE 10-653 j. RESOLUTION: Preliminary Plat Approval — Norpoint Heights APPROVED RESOLUTION 10-580 k. S 356 at SR99 Intersection Improvement Project — Project Acceptance APPROVED I. SR 99 HOV Lanes Phase III (Dash Point Road to S 284 Street) mprovement Project — Project Acceptance and Retainage Release APPROVED m. Citywide Pedestrian Improvement Program APPROVED n. S 348th Street at 1st Avenue South Bid Award APPROVED MOTION: Deputy Mayor Duclos moved approval of the items on the Consent Agenda. Councilmember Burbidge second. Councilmember povey pulled item 5.d. VOTE: Items 5a through 5c, and 5e through 5n were approved 7-0. d. RESOLUTION: Findings, Goals and Conclusions for the Medical Device Commercialization and Innovation Incubator Proiect Councilmember povey asked Acting City Manager Richardson to clarify a word change on page 3 of the resolution. Ms. Richardson stated the term "private business" is being changed to "nonprofit business." MOTION: Councilmember povey moved approval of the resolution. Deputy Mayor Duclos second. VOTE: Motion carried 7-0. RESOLUT/ON 10-579 6. COUNCIL BUSINESS a. Park Picnic and Special Event Rates Parks and Recreation Manager Steve Ikerd stated this was a follow up to the Council February 16, 2010 presentation. Staff has drafted proposed picnic reservation and special event rates for 2010. The proposed rates include a new category called "off-season" rates for residents that reduces fees by finrenty-five percent. Rates for non-residents would increase by fifty percent. MOTION: Burbidge moved approval of maintaining the current Picnic and special event reservation rates for residents May through October and create a new 25% discounted off-season rate for residents November through April and increase the current rates for non-residents by 50%; which would be applied year round. Councilmember povey second. VOTE: Motion Carried 7-0 7. INTRODUCTION L FIRST READING OF ORDINANCES a. CB#533 Proposed Franchise Aqreement with Lakehaven Utilitv District An Ordinance of the City Council of the City of Federal Way, Washington, Granting Lakehaven Utility District, A Municipal Corporation, A Nonexclusiv� Franchise to occupythe Rights-of-Way of the City of Federal Way, Washington, through the Franchise Area for the Council Minutes Apri16, 2010 Regular Meeting Page 3 of 4 Purpose of Constructing, Maintaining, Repairing, Renewing and Operating a Water and Sewer System Within and Through the City of Federal Way and Addressing Hydrant Costs Within City Boundaries. Ciry Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Park moved to forward the ordinance to second reading and adoption at the April 20, 2010 Council Meeting. Councilmember Burbidge second. Mayor Kochmar recused herself from this item. VOTE: Motion carried 6-0. Mayor Kochmar recused. 8. COUNCIL REPORTS Councilmember Park reported he would be attending the joint City/Chamber of Commerce Economic Development meeting this week. Councilmember Burbidge reported on upcoming committee meetings and community events. Mayor Kochmar reported tomorrow is the Boys & Girls Breakfast at Emerald Downs. Councilmembers Ferrell, Freeman, Duclos and Dovey had no report. 9. CITY MANAGER REPORT Acting City Manager Richardson had no report. 10. EXECUTIVE SESSION The Council adjoumed to executive session at 8:16 pm to discuss Property Acquisition Pursuant to RCW 42.30.110(1)(c) and potential Litigation Pursuant to RCW 42.30.110(1)(i) for approximately forty-five minutes. The Council adjoumed from executive session at 8:58 pm 11.ADJOURNMENT Mayor Kochmar adjourned the meeting at 8:58 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: Council Minutes Apri16, 2010 Regular Meeting Page 4 of 4 COUNCIL MEETING DATE: April 20, 2010 __. ____.... ___.__ _ ____ _ _. _ _ _____ CITY COUNCIL AGENDA BILL ITEM #:� SUB,TECT: Grant Funding for Transportation Improvement Projects POLICY QUESTION Should City Council authorize staffto submit grant application$ for transportation improvement projects? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: Ma� ❑ Ordinance ❑ Resolution Senior Traffic MEETING DATE April 5 , 2010 ❑ Public Hearing ❑ Other DEP't': Public Works Attachments: Memorandum to Land Use and Transportation Memo dated April 5, 2010. Options Considered: I. Authorize staff to submit grant funding app(ications under the Safe Routes to School Federal Funding 2011-2013 and Pedestrian and Bicycle Safety State Funding 2011-2013 Programs for the identified school, pedestrian and bicycle safety projects. 2. Do not submit grant funding applications under the Safe Routes to School Federal Funding 2011-2013 and Pedestrian and Bicycle Safety State Funding 2011-2013 Programs for these projects. STAFF RECOMMENDAT[ON Staff recommends forwarding Option 1 to the Apri120 2010 Consent Agenda for approval. A CITY MANAGER APPROVAL COMMITTEE RECOMMENDATION: J'�I„r•Ih� ��' �D[RECTOR APPROVAL: ��L`�� ' C%/^ l councs� con,m�nee counc�l c Dini Duclos, Chair Ferrell, Member Jack Dovev, Member PROPOSED COUNCIL MOTION "I move to authorize staff to submit grant funding applications under the Safe Routes to School Federal Funding 2011-2013 and Pedestrian and Bicycle Safety State Funding 2011-2013 Programs for the identified school, pedestrian and bicycle safety projects. " (BELOW TO BE COMPLETED BYClTYCLERKS OFF/CE) COUNCIL ACTiON: ❑ APPROVED COUIYCIL B[LL # ❑ DEN[ED 1� reading ❑ TABLED/DEFERRED/NO ACTION Enactment readiog • ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REV[SED — 02/06/2006 RESOLUT[ON # CITY OF FEDERAL WAY CITY OF FEDERAL WAY MEMORANDUM DATE: Apri15, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager/Police Chief FROM: Maryanne Zukowski, P.E., Senior Traffic Engineer.J�►'� SUBJECT: Grant Funding for Transportation Improvement Projects BACKGROUND This memorandum provides Council with the current funding availability of new grant funding programs for transportation projects. Safe Routes to School Federal Funding 2011- 2013 The purpose of the Safe Routes to School program is to increase the number of children walking and biking to school safe(y. Eligible projects may include three elements: ■ Engineering Improvements ■ Education and Encouragement Activities ■ Enforcement Efforts City staff (Public Works and Police) and the Federal Way School District evaluated safety risks and proposes partnering projects for grant submittal. While match is not a requirement, preference is given to projects that provide match. Pedestrian and Bicycle Safety State Funding 2011- 2013 The purpose of Pedestrian and Bicycle Safety Grants is to address the nearly 400 statewide fatal and injury collisions involving pedestrians and bicycles each year. These safety focused projects may also support increased mobility and encourage more people to bicycle and walk. This call for projects was by invitation only for a specific location. City staff evaluated effective countermeasures for high pedestrian/vehicle collision areas submitted by WSDOT and proposes a project for submittal. Staff has evaluated all projects listed on the City's Six Year Transportation Improvements Plan (TIP) and recluests from the City of Federal Way School District and concluded that the following projects will likely be competitive in the 2011 funding cycle. K:�I,UTC�2010\04-OS-10 Grant Funding for Transportation Projecu .dce April 5, 2010 Land Use and Transportation Committee Grant Eunding for Transportation Improvement Projects Page 2 Project Grant Estimated Total Project Cost In Kind Match * Possible Grant Funds Safe Routes to Schoot Federai Fundin� Grant Project Locations: ■ Sacajawea Middle and Federat Way Hig6 School Adds Solar Rectangular Rapid Flashing Beacons at the raised crosswalk at S 308�' St/14` Ave S ■ Mark Twain Elementary School Adds Solar Rectangular Rapid Flashing Beacons at the crosswalk at Star Lake Road/25`�' Drive S; and adds Solar School Zone Flasher at 25` Drive S ■ Lakota Middte School Adds Traffic Signal at SW 312` Sd14` Ave SW Pedestrian and Bicvcte Safetv State Fundin� Grant Project Location: ■ 21 Ave SW at SW 336` Street; and 21 Ave SW at mid-block crossing near SW 338` Street Adds Rectangular Rapid Flashing Beacons, pedestrian scale lighting, and ADA compliant ramps. $ 66,480 $ 102,000 $ 500,000 $240,460 $ 34,480 $ 44,000 $ 113,000 $ 42,460 $ 32,000 $ 58,000 $ 387,000 $ 198,000 * In kind match will be provided with in house staff (traffic, potice and school district) for design, education, enforcement and encouragement. COUNCIL MEETING DATE: Apri120, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: �C SUS.iECr: Setting Public Hearing Date for the Street Vacation of a Portion of 8"' Avenue Southwest POLICY QUESTION Should Ciry Council approve a resolution to set a Public Hearing for the street vacation of a portion of the right of way within 8`�' Avenue Southwest on June 1, 2010? COMM[TTEE Land Use/Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: Marwan MEETING DATE April 5 , 2010 ❑ Public Hearing ❑ _ Ot6er � Pub(ic Works Director�EPT: Public Works Attachment: Memorandum to Land Use and Transportation Committee dated April 5, 2010. Options Considered: 1. Approve the Resolution to set the date and time of a public hearing for the street vacation of a portion of the right of way within 8�' Avenue Southwest at the June l, 2010 City Council meeting. 2. Set Public Hearing on an alternative date recommended by the committee. STAFF RECOMMENDAT[ON Staff recommends Option 1 be forwarded to the Apri120 2010 City Council Consent Agenda for approval. � ^ CITY MANAGER APPROVAL: COMMITTEE RECOMMENDATION Forward app L � Dini Ducios, Committee Chair Member Jack Dovey, Committee Member PROPOSED COUNCIL MOTION "1 n�qGe approval of the Resolution to set the date and time of a public hearing for the street vacation of a portion of the right of way within 8` Avenue Southwest on June 1, 2010. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNC[L ACTIONc ❑ APPROVED COUNC[L B[LL # ❑ DEN[ED 1� readiag ❑ TABLED/DEFERRED/lY0 AC7'iON Enactment reading ❑ MOVED TO SECOND READING (ordirrartces only) ORD[NANCE # REVISED - 02i06/2006 RESOLUTION # p • �,1''`„� N Councit r� DIRECTOR APPROVAL: � committce council 1 t0 April 20, 2010 Council Consent Agenda for CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: Apri15, 2010 Land Use and Transportation Committee Brian Wilson, City Manager/Police Chief Marwan Salloum, P.E., Street Systems Manager John Mulkey, P.E., Street Systems Project Engineer �2� SUB.TECT: Setting Pub[ic Hearing Date for the Street Vacation of a Portion of 8` Avenue Southwest BACKGROUND: Dan Lourie has petitioned the City to vacate a portion of 8`� Avenue Southwest to a point approximately 300 feet south of Southwest 296�' Street, adjacent to his properly. See the accompanying Resolution with the following attachments: legal description (Exhibit "A"), map of the area to be vacated (Exhibit "B") and Vicinity Map {Exhibit "C") for the exact iocation. The area is a portion of 8�' Avenue SW in which the Right of Way is approximately 90 feet wide. The Comprehensive plan calls for a 60 foot right of way, which would remain after the proposed street vacation. The property abutting the area to be vacated is zoned Residential I5.0. The area is listed as single family, medium density in the Comprehensive Plan. The Petitioner is seeking the street vacation in order increase the lot size for a proposed shoR plat on the property. Attachment: Draft Resotution (includes Exhibits A, B, and C) cc: Project File Day File RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, regarding the vacation of � portion of 8 Avenue Southwest, setting a Public Hearing for the Street Vacation. WHEREAS, a proper petition has been filed requesting vacation of a portion of 8�' Avenue Southwest, on the west side of 8"' Avenue Southwest from Southwest 296"' Street to a point approximately 300 feet south of Southwest 296 Street, as described in Exhibit "A" (legal description) and as depicted on Exhibit "B" and Exhibit "C" (Vicinity Map) attached hereto; and WHEREAS, the petition contains the signatures of the owners of at least two-thirds of the property abutting the portion of S�' Avenue Southwest proposed to be vacated; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. A public hearing on the aforesaid vacation petition shall be held at the regular meeting of the Federal Way City Council at 7:00 p.m. on June 1, 2010, in the Council Chambers in the City Hall, 33325 8�' Ave. South, Federal Way, Washington. Said hearing date is not more than siacty (60) nor less than twenty (20) days after the date of the passage of this resolution. Section 2. The City Clerk shall give at least twenty (20) days notice of the hearing and ca.use the notice to be posted as provided by law. Section 3. The Public Works Director shall obtain the necessary approval or rejection of, or other information from the City departments, affected agencies, and utilities, fire and police agencies, and shall transmit such information to the City Council so that the matter can be considered by the City Council at the public hearing on June 1, 2410. Resolution No.10- Page I of 6 Rev 1/10 Section 4. Severabilitv. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not ai�ect the vaiidity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution aze authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resoiution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and �rmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: Resolution No. !0- Page 2 of 6 Rev 1/i0 CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WTTH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No.10- Page 3 of 6 I�ev 1/10 Exh�R 'A Tt�at po�lit�n �f lhe Northeast quarter a� fihe Southwest qua�tet af Sectinn 6, Township 21 ftl��th, Ran�e 4 East. �!_M., in King Caunty, 4�Jasl�n�gtai oaJng a p�artion aF Lot 1 of IC�ny County Shprt Plat Number 783�5�, as reCOrled under King Courty Recarclioy Nu�rit�er A50A1�9, rr�orp pa�tic.u!arh� deswib�cl as follaws: Corrunencing at t�� ceitler cN said Sec4cui 8. • Thence �ang thp nnnh��dh r�.ntprlin� th�eof. Sn�d��,71'S�Ta3" West fi5.4�3 #ee# to the Tn.ie Paint of Beginrting Thence ca�ninuing along r,airl narth-soutl� centerlin�, Sa��th 01 ° 5A'd3" Vifest 271.52 faeE tn t�c oastedy prujactian af d�e ��ulh Une �sF s�id Lot 1; Thence alw�g said easoerly pro�cclion, Nar�� 8S`28'24' West36.Q1 iCet to �e �theast carner of said LaQ 9: Thenoe �lang the easE li�e of said Lat 1, North 01 °SJ43" East 271.75 foet to ihp t+��n�'��g a cu�ve ta fie lec1ltt, ooncave sa�dhtiv�esteriy, h�ving a radius of 25.C8 feet; Th�noe alv+ig saed curse 39, - �'2 feet through a central angle af fl0�02'00"to a pCint 4n thc na�t� lina nf said Lat 1; Thence alonp fiaid rarth line, South �39"�2'17" East 3�_(}Q tee#ta the faeginnaig a our�e to thE rigfit, caicaup scxithwesterly, havin±� a radius c-f 2�v.aU feEk Thenoe afong said curoe 39.72 faet through a central amgle nf 90'02.'p�" tn tt�! True Poi�t af Beginninp. Containing 8.913 sqc�e f�et m�c or Icss Resolution No.10- Page 4 of d Rev 1/10 EXHIBIT B ! � � 5r+ - _� . . � ..�� TH- ;i: � ; � �; I 1' r� ,,` i �i � := i.i'.�:?_3.� - � _';; EX 'T rd:= a!yr t ir, = i•a ..., '.:� _�; . .�- _ (L +�a i_;; � ' : � � '� ;'-�' '''�� ''' � ` {..' 'z � r _ i: j '� c_. ? �� C3 L: _ f- . '' �.f`:• ..._-- r- �. _.. --l — —. . :a I 1� �C �I � . `�: �� I c.F��i=k n} s:-t:�.or: =. � Q:•iV�11(' 21 tOF.Th, �Id.4+l::1 � : F'.i , 7t.�A. ::ti��- ��_ A::P.T-I �C?ii'r tlt� ^�CT(jM1, -- L;�1=. SE�71�u �; t _ : f ..yi � . � ., r.� �.. - }, �.. � Ri� 4J .i6il� I 11' (:Lf; iL ?LI �1_ :l t3 1: .::'EW..It. a:�. f � �_ 1 _...... __., .. .__. __ ._.,,..._ —� � CUF,'�.� Tr'.� T (/; .�L 1;+4L"IU'? L_'sr�i I i; i j' Cc`,'".-j _� iL.__4:�:iG�_�:.x I..LI 1 "� ��.f�J ?L tJ:"1':, :':1+: „ _. � _. � . �---- __ ___--- � i IVt I �h;l - _ r � L�, _IRE E=:�FMJ:; L_RC.11 � � hp� J2 )°-�I� �. `.�� .� � .., �� _l� � �li a� � L A ��. CC � � ��' Y' �c,�� .. � � j_ �� >. �`t' ,.'. , � � � ' x '+ � ' ,,� i i; � � � � � i'�n` � . � � �,�.�� rr� ` � � � � � � DlJNGANSON �� :•w. F.+��+�a> • �.�rc•rue • La,vu r�•, „ss•�+am. x�.�aa • r.,o-. n.w•, x,os .rw, �aesua r . r_ac�uay �:�,��x :Ur� :� - 1'' :.��_�: ��,, _ �,._�, ..�c.�� u�� DAN �C'3[JR1,E STN AVENUE SQiITHbVES7' ��earronr�a��a Fxx�s�r Resolution No.10- Page S of 6 Rev 1/10 EXHIBIT C Cit� of 8th Ave SV41 V�cinity 11�ap Federal Vilay Right of Way Vaca�ion Resolution No.10- Page 6 of 6 Rev 1/10 This map is �:ondc-.: ��ss as a graphic=l re�.��ese�u.� � aai�,. + 19 fGa3? �::-l�c& 1'he=�RY of hE �': 1.4ty i 131NS nC :hon:lMp :�t k> ila :r.�ai�:r_y. i;:; lN.'�YB UIY7NCCt:':: IRIY.IMiC COUNCIL MEETING DATE: April 20, 2010 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: F J {� AGENDA BILL SUB.iECr: Street LighNng Project 20 Way S: S 324` St to S 330` St - Bid Award POLICY QUESTION: Should the Council awazd the 20`�' Way S Street Lighting Project to the lowest responsive, responsible bidder? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ Ordinance MEETING DATE Apri15 2010 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAEF REPORT BY Jesse Hannahs,_P _E., Senior Traffic Engineer•J_� � DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated April 5�', 2010. Options Considered _ --------------------___._......----_.._...___..._._.._._...----..._----------__..__._._�.__...----.....------------ --------.......--- 1. Award Schedules A& C of the 20 Way S Street Lighting Project to Marles Corp DBA Amaya Electric, the lowest responsive, responsible bidder, in the amount of $105,702.00 and approve a 10% contingency of $10,570.00, for a total of $116,272.00, and authorize the City Manager to execute the contract. � 2. Reject all bids for the 20 Way S Street Lighting Project and direct staff to rebid the project and return to Committee for further action. 3. Do not award the 20 Way S Street Lighting Project to the lowest responsive, responsible bidder and provide direction to sta� STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the April 20, 2010 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: �� III� � APPROVAL: L� "�� omm�ttee Council Committee Counci COMMITTEE RECOMMENDAT[ON Place Option 1 on the April 20, 2010 City Council Consent Agenda for approval. �- _ � Dini Duclos, Chair �`�.��C�'errell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION "I m�o award Schedules A& C o f'the 20 Way S Street Lighting Project to Marles Corp DBA Amaya Electric, the lowest responsive, responsible bidder, in the amount of $105, 702.00 and approve a 10% contingency of $10,570.00, for a tota! of $116,272.00, and authorize the Cily Manager to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: � APPROVED COUNCiL BILL # ❑ DENIED 1� reading ❑ TABLED/DEFERRED/NO ACTION Euactment reading ❑ MOVED TO SECOND READ[NG (ordinances only) ORDINANCE # REV[SED — 02/06/2006 RESOLUTIOIY # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: Apri15�', 2010 Land Use and Transportation Committee Brian Wilson, City Manager/Police Chief Jesse Hannahs, P.E., Senior Traffic Engineer SUBJECT: Street Lighting Project 20`�" Way S: S 324`" St to S 330`"' St - Bid Award J��.� BACKGROUND: Ten { 10) bids were received and opened on March 3 l, 2010 for the 20`� Way S Street Lighring Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Marles Corp DBA Amaya Electric, with a total bid of $105,702.00. The low bid received was 29% below the engineer estimate. PROJECT EXPENDTTURES: The following is a breakdown of the estimated total project construction costs based on the low bid: PROJECT CONSTRUCTION COSTS: Planning and Design Schedule A: Lumination System Schedule C: LED Luminaire Fixtures Subtotal Schedute A + C 10% Construction Contingency Construction Management Total Project Costs In House $93,378 $12,234 $105,702 $10,570 $24,387 $140,569 AVAILABLE FUNDING: Total Grant Funding (CDBG-R) Budgeted City Funds TOTAL AVAILABLE BUDGET: PROJECT BUDGET BALANCE: $174,365 $0 $174,365 $33,795 cc: Project File k:\lutc�2010\03-0i-l0 20t0 asphait overlay project- bid awarddoc Street Lighting Project 20th Way S. City of Federal Way RFB 09-104 King County project # CR9304 BID TABULATION Bid Opening date 3/31H0 Math error in Preference 1 Total Schedule A + C 517,018.20 above acKual tot�al Total Bid = 3126,999.20 Math error in Preference 2 Total Schedule A + B $10,064.20 above actual total Total Bid = $116,001.02 Bid Item 8 Unit Price = $3,600 Quantity =12 Entered Total of $3,600 Should Be $43,200 Error of 539,600 Total Preference 2 = $161,842 COUNCIL MEETING DATE: April 20th, 2010 CITY OF FEDERAL WAY CITY COUNCIL A�ENDA BILL SuB.TEC'r: Purchase a Ford F250 Super Cab Pickup Truck using Replacement Reserve money currently allocated for vehicle replacement. POLICY QUESTION Should the Police Department be allowed to purchase a Ford F250 Super Cab Pickup Truck for the Police Trafftc Section instead of a Chevrolet Tahoe to provide a multi purpose vehicle within the existing fleet. ITEM #:�'� COM11aTTEE Parks, Recreation, Human Services and Public Safety Council Comrnittee - (PRHS&PS) CATEGORY: � Consent ❑ City Council Business � ■ Ordinance Resolution MEETING DATE 04/13/10 ❑ Public Hearing ❑ Other STAFF REPORT BY: CFiRIS NORMAN, CONIMANDER DEPT: Police Department Attachments: 1. PRHS&PS Staff Memo Options Considered: 1. Purchase one new Ford F250 Super Cab Pickup Truck with Replacement Reserve Monies. 2. Purchase one new Chevrolet Tahoe with Replacement Reserve Monies. STAFF RECOMIVIENDATION: Staff recommends Option CITY MANAGER APPRO VAL: � Committee APPRO VAL: couucil /�� ` "YROPOSED COiINCII, MOTION "I move approval of the request by the Police Department to use available Replacement Reserve money to purchase the requested vehicle for the Traffic Section and authorize tfie Police Chief to make the purchase. " (BELOW TO BE COMPLETED BY CITY CLERKS �FFICE) COUNCIL ACTION: ❑ APPROVED . ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 read'uig Enactment reading ORDINANCE # RESOLUTION # COMMITT'EE RECOMIVIENDATION: PRPS recommends Option � CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 2, 2010 T0: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager/Police Chief FR011�I: Andy J. Hwang, Assistant Chief of Police SUBJECT: Traffic Section — Vehicle Purchase Request Background The Federal Way Police Department has been approved by City Council and is in the process of ordering several replacement vehicles for the existing marked fleet. Under the current proposal the Traffic Section is scheduled to receive a Chevrolet Tahoe for traffic enforcement and accident investigation. While the Tahoe is an excellent choice and will no doubt be well utilized, the Traffic Unit is recommending the purchase of a Ford F-250 Super Cab with canopy instead of a Chevrolet Tahoe. The versatility of the Ford F-250 Truck will enhance the capability of the Traffic Section. The Ford F-250 with roll-out bed is the cost effective choice due to the vehicles profi�iency and versatility, when used for Patrol, Traffic Enforcement, Major Accident Investigation Team, (MAIT), Total Station and Commercial Vehicle Enforcement. Proposal The Police Department is seeking council approval to purchase a Ford F250 Super Cab Truck instead of a Chevrolet Tahoe. Council has already approved the purchase of a Chevrolet Tahoe for $38,000. The cost difference to purchase a Ford F250 Super Cab Truck is $1,500. Funding Source Existing replacement reserve funds allocated to the Traffic Section for the purchase of a ti•affic enforcement/investigation vehicle up to $38,000. Existing traffic school funds have been identified and are available to make up the additional $1,500. Department funds have been ideritified and allocated for maintenance, operation and replacement reserve within the department's budget. COl'NCIL iVIEF.TING DATE: April 20, 2010 ITEM #: Fj _ _ __ _ __.... _ _ _ _ ___ _ _ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LANDSCAPE BID AWARD PoL�cy� QuESTioN: Should the City accept Landscape Services bids and authorrze the City Manager/Police Chief to enter into maintenance contracts with the successful bidders? COMMITTEE PRHSPS CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE April 13 , ZOl O ❑ Public Hearing ❑ Other STAFF REPORT BY: Stephen Ikerd Parks & Facilities Manager DEPT: PRCS Attachments: See April 13`�, 2010 PRHSPS Committee.Memo Options Considered: 1. Authorize bid awards for Landscape Maintenance Services for 8 City sites and award 3 year Maintenance Agreements in the amount of $59,840.55 for Omni Landscape Services, $38,946.00 for Osaka Gardens and $49,058.19 for C&C Industries. 2. Do not accept bids for Landscape Maintenance Service and rovide direction to staff. _......_..._........._. __ .... ..................................__.._.._...__....-------------...................._............_..................._............................................._..........._.._......_....._...__._............�......__..................._ .........__............._...................-.--._._...................--�---...._._...._...._.._............_.._........_......._ STAFF RECOMMENDATION Staff recommends Council authorize option 1 and approve 3 yr Maintenance Agreements, effective May 1, 2010 through December 31, 2012 with a total compensation of $59,840.55 for Omni Landscape Services, $38,946.00 for Osaka Gardens and $49,058.19 for C&C Industries, and authorize the City Manager/P C hi e f t o execute said agreements." CITY MANAGER APPROVAL: _f � _ {�i�'!t'�'��I ��IRECTOR APPROVAL: •rSTL Committee Council Committee COMMITTEE RECOMMENDATION; Appro option 1 with 3 yr Maintenance Ageements, effective May l 2010 through December 31, 2012 with a total compensation of $59,840.55 for Omni Landscape Services, $38,946.00 for Osaka Gardens and $49,058.19 for C&C Industries, and forwaxd to full Council on consent agenda April 20, 2010 for approval. Committee Chair /9�— Committe�e�ier " Corhmittee Member �OPOSED COUNCIL MOTION: "I move approval of Option 1 for 3 yr Maintenance Agreements, effective May 1, 2010 through December 31, 2012 with a total compensation of $59,840.55 for Omni Landscape Services, $38,946 for Osaka Gardens and $49,058.19 for C&C Industries, and authorize the City Manager/Police Chief to execute said agreements. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED ] reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 03/15/2010 RESOLUTION # � CITY OP Federal VIlay Parks and Facilities Division Date: To: From: Subject: Aprii 13, 2010 PRHSPS Council Committee Stephen Ikerd, Parks & Facilities Manager -�� Landscape Maintenance Service Bids Dumas Bav Centre - Bid results using a crew approach and not set weekly routines. Omni Landscape Green Effects Osaka Gardens Tru-Green $365 -3 person crew @ 2 hrs &$48.50 per hr for extra services. $264 -3 person crew @ 2 hrs &$38.00 per hr for extra services. $210 -3 person crew @ 2 hrs &$35.00 per hr for extra services. $183 -3 person crew @ 2 hrs &$35.25 per hr for extra services. ��,��.?�� t� � � a �,��p ;=a `�' s E � � � �'.,,r 'R�r` � C&C Industries annual calculation: $180 x 52 weeks =$9360.00 yr + tax = Background: Staff solicited landscape maintenance services bids for nine City sites which include City Hall, Dumas Bay Centre and seven Parks. Six companies selected from the MRSC Small Works Roster were sent a bid notice and four attended a pre-bid meeting. Bid results: Note: Each Contractar was informed that contract funds had been reduced in the Park Department and we did not know how many of the sites would fit into the allocated budget until bid results were received. They were also informed that the City reserved the right to split the sites into more than one contract if there was a financial advantage to the City. Dumas Bay Centre would be bid differently then the other sites with routine defined task; instead, on a weekly work order system at a set crew rate. The overall cost to contract all 9 sites ended up over our 2010 budget. By dropping the BPA trail sites and performing that service in house with Park staff and splitting the remaining 8 sites into three separate contracts, a$2,889.58 annual savings, or $8668.74 over a 3 year contract period can be achieved by awarding Omni Landscape Service 4 sites, Osaka Gardens 2 site and C&C Industries the remaining 2 sites which include Dumas Bay Centre and City Hall. (see above bid results) Low bid award results & recommendation: Omni Landscape Seryices; 4 sites -$19,946.85 annually =$59,840.55 total three year contract. Osaka Gardens; 2 sites --------------$12,982.00 annually =$38,946.00 total three year contract. C& C Industries; 2 sites ------------$16,352.20 annually =$49,058.19 total three year contract. References: . Qmni Landscape Services — Have successfully performed same service for the City in prior years Osaka (iardens — Currently performing similar services for FW Public Warks Department. C& C Industries — New to the City. References and site visits passed inspections. Budget: �'hese Landscape Services will be funded through Council approved budgets allocated in 3 different accounts: City Ha1lBuilding -$6,500 annual allocation —$6103.53 annual bid results Park Operations -$34,000 annual allocation —$32,928.85 annual bid results Dumas Bay Centre -$15,440.00 annual allocation —$10,249.20 annual bid results COUNCIL MEETING DATE: Apri120, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: PROPOSED RESOLUTION TO AUTHORIZE THE USE OF TNE PERFORMANCE-BASED CONTRACT PRQCESS FOR ENERGY SERVICES PURSUANT TO CHAPTER 39 .35A RCW POLICY QUESTION Should City Council approve the proposed resolution to authorize the use of the performance-based contract process for energy services pursuant to Chapter 39.35A RCW? COMMITTEE PRHSPS CATEGORY: 0 Consent ❑ City Council Business � � Ordinance Resolution MEETIlVG DATE: 4/13/2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: Patricia Richardson, City Attorney DEPT: Law Attachments: 1) Staff Report 2) Proposed Resolution 3) Proposed RFP/Q Options Considered: 1) Approve the proposed resolution. 2) Do not approve the proposed resolution. STAFF RECOMMENDATION Option 1: Approve the proposed resolution to authorize the use of the performance- based contract process for energy services pursuant to Chapter 3935A RCW. � CITY MANAGER APPROV .1��"� 4I�SI��IRECTOR APPROVAL: P� P� Council Committee Council COMMITTEE RECOMMENDATION: Q�'j`�lOr. � �-- Committee Chair � ittee Member PItOPOSED COUNCIL MOTION "I move approval of the proposed resolution to authorize the use of the performance-based contract process for energy services pursuant to Chapter 39.35A RCW. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BII.L # ❑ DENIED 1 reading � TABLED/DEFERRED/NO ACTION Enactment readi� ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06l2006 RESOLUTION # � II �k « . � .. t i CITY ATTORNEY'S OFFICE MEMORANDUM DATE: APRIL 2, 2010 TO: CITY COUNCIL MEMBERS CC: BRIAN WILSON, CITY MANAGER/POLICE CHIEF CARY ROE, DIRECTOR OF PARKS/PUBLIC WORKS BRYANT ENGE, FINANCIAL SERVICES ADMINISTRATOR FROM: PATRICiA RICHARDSON, CITY ATTORNEY �� AMY JO PEARSALL, ASSISTANT CITY ATTORNEY � SUBJECT: PROPOSED RESOLUTION SETTING FORTH COUNCIL'S INTENT TO NEGOTIATE A PERFROMANCE- BASED CONTRACT FOR ENERGY SERVICES PURSUANT TO CHAPTER 3935A RCW In 2009, the Ciry used Energy Industries to help with technical research and recommendations that would allow the Ciry to apply for a��ashington State SEP Loan. During that process, seven measures were identified and included within the loan request of $323,236.65. The State approved a$223,000 loan to be used on energy saving projects. The State has made it clear that we have some flexibility on what the final projects are as long as there is appropriate energy savings. In order to achieve this type of project, there were two general options staff looked at. The first option is the more traditional path of having an architectural and/or engineering (A&E) firm create a design for an HVAC system that would produce a certain amount of savings. This would require choosing an A&E firm, negotiating a price and entering into a professional services agreement. Once the design was complete, the City would then have to go through a formalized Request for Bids (RFB) process to select a public works contractor to build and install the system designed by the A&E firm. This would require a Public Works contract. This two-layered process would not only be long, but guaranteeing any energy savings would be made difficult if the A&E firm and the Public Works Contractor were two different entities — the A&E fixm would not be able to guarantee the work done by the public works contractor and the public works contractor would not be able to guarantee the design created by the A&E firm. If the promised energy savings were not achieved, the City would have little to no recourse. The second option looked at is a performance-contract for energy services pursuant to Chapter 39.35A of the Revised Code of Washington (RCV�. A performance-based contract is a contract for energy equipment and services between a municipality and a contractor, wherein the payment obligation for each year, including the year of installation, is guaranteed by the contractor to be less than the annual energy cost savings attributable under the contract. In this type of contract, the projected energy savings would be included as a condition of the performance-based agreement with the selected contractor. If the guaranteed energy savings is not met, the City would be reitnbursed for any unrealized energy savings. In reviewing these options available for selecting a contractor to design and install an energy saving system at city hall, staff has determiiied that the best option is to utilize a performance-based contract. Chapter 39.35A RCW indicates that if a municipality chooses to enter into this type of contract for energy savings, it need only declare its intent to use this process publically via a resolution pursuant to RCW 3935A.040 and then publicize its request for proposals for a performance-based contract pursuant to RCW 39.35A.030. If the city follows these two requirements, no other applicable statutory procurement requirement would apply. Staff is requesting that Council approve the proposed resolution prepared pursuant to RCW 39.35A.040 that would allow staff to proceed with advertising for a performance-based energy services contractor and to negotiate a performance-based agreement with the chosen contractor. A copy of both the proposed resolution and the proposed request for proposals and qualifications are attached to this memo. K:\memo\2010\staff report — performance-based contract 2 RESOLUTION NO. 10- A RESOLUTION of the City Council of the City of Federal Way, Washington, authorizing the City Manager to negotiate a performance- based contract for energy services pursuant to RCW 39.35A.040. WHEREAS, the City has obtained a Washington State SEP Loan in the amount of $223,000 to be used on energy saving projects; and WHEREAS, Chapter 39.35A of the Revised Code of Washington (RCV� sets forth a municipality's option for obtaining a performance-based contract for energy services; and WHEREAS, the City Council finds that it is in the best interest of the citizens that the performance-based contract process be utilized to find a energy services contractor to make the most of the load funds; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Performance-based Contract. The City Council hereby authorizes the use ofthe performance-based contract process as outlined in Chapter 39.35A RCW for advertising, selecting, and negotiating a performance-based contract with an energy services contractor. Section 2. Severabilitv. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutiona�ity shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of Resolution No.lO- Page 1 of 2 scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2010. CITY OF FEDERAL WAY MAYOR, L1NDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No.10- Page 2 of 2 � CiTY OF -'�.. Federal 1tVay Parks and Facilities Division REQUEST FOR FROPOSALS AND QUALIFICATIONS I. PURPOSE OF REQUEST. The City of Federal Way ("City") is requesting proposats for the purpose of Energy Saving Performance Services, including but not limited to; design, instattation, maintenance and monitoring of a targe scale comprehensive energy conservation program that includes the services (isted herein. The City's needs are outlined in the following Request for Proposals and Qualifications ("RFP/Q"). II. TIME SCHEDULE. The City will follow the following timetable, which shoutd result in a selection of a ftrm by May 10, 2010_ . Issue RFP/Q Deadline for Submittal of Proposals/Quatifications Preliminary Selection of Firm Notify Firm Chosen III. INSTRUCTIONS TO PROPOSERS. A. All proposals should be sent to: Jeri-Lynn Clark, Accounting Technician II City of Federal Way PO Box 9718 33325 8th Avenue South Federal Way, WA 98063-9718 (253) 83�2526 Aprit 21, 2010 May �, 2010 2:00 PM May 7, 2010 May 10, 2010 B. All proposals must be in a sealed envelope and clearly marked in the lower left-hand corner: "RFP/Q Energy Saving Performance Services". C. All proposals must be received by May 5, 2010 2:00 PM at which time they will be opened. Three (3} copies of the proposal must be presented. No faxed or telephone proposals will be accepted. D. Proposals should be prepared simply and economical►y, providing a straight forward, concise description of provider capabilities to satisfy the requirements of the request. Special bindings, colored displays, promotional materials, etc. are not desired. Emphasis should be on completeness and clarity of content. Use of recycled paper for requests and any printed or photocopied material created pursuant to a contract with the City is desirable whenever practicable. Use of both sides of paper sheets for any submittals to the City is desirable whenever practicable. E. Steve Ikerd, Parks & Facilities Manager or representative will notify the firm selected by May 10, 20 i 0 F_ All proposals must include the following information_ The names of individuals from those firms who will be working on the project and their areas of responsibility Specific experience of individuals retative to the proposed project. A proposed outline of tasks, products and project schedule, including list of recommended energy conservation measures, financial estimates, utility savings, pay back schedule, debt services model, guarantee savings criteria, maintenance of systems involving final scope of project, system commissioning and reporting support for the Grant and Loan requirements. A proposed budget based on the above outline of tasks, products and schedutes. References. IV. SELECTIOIY CRITERIA. Qualification of all business entities that respond to this solicitation, inctuding any subcontractors to be used, wi(1 be evaluated using the following selection criteria_ (Percentage weighting among categories of selection criteria is noted.) A. Business Qualifications (20%`maximum) 1. Business unit dedicated to proyiding guaranteed energy savings programs ' 2. Business unit dedicated to ensuring project performance 3. Years in business 4. Affiliation with energy and/or business organizations (including ISQ_certification and EPA or DOE affiliations) 5. Demonstrate ability to bond savings through a third party surety B. Personnel Qualifications (20% maximum) 1. Quality of personnel assigned to this project and degree of pertinent experience. C. Project Management Plan (ZO% maximum) l. Comprehensiveness and rationale of project management plan, based on: • Approach to project management, including staffing and contractor-oversight • Ability to successfully complete projects on time and to customer satisfaction 2. Method employed to establish baseline energy use for City Hall 3. Method of ineasurement and verification used to demonstrate energy use reduction and cost savings as guaranteed D. Prior Project Performance (40% maximum) l. Experience with energy conservation projects of a similar size and type to that proposed for the City of Federal Way. 2. Experience taking responsibility for the full range of roles contemplated for this project (e.g. identification and ana(ysis of ECMs, design, installation, operation, training, savings verification, etc.) 3. Performance on prior projects, inctuding data on projecting, achieving, documenting, and verifying energy savings in order to ascertain accuracy of projections 4. References from prior and current customers Totat Criteria V�eight 100% Each praposal will be independently evaluated on faetors A through D. V. TERMS ANI? CONDITIQNS. A. The City reserves the right to reject any and alf proposals, and to waive minor irregularities in any proposaL B. The City reserves the right to request c�arification of information submitted, and to request additionat information from any proposer_ C. The Crty reserues the right to award any contract to the next most qualified contractor, if the successful contractor aoes not execute a contract within thirty (30) days after the award of the proposal. D. Any proposal may be withdrawn up until the date and time set above for opening of the praposais. Any proposal not so timely withdrawn shall constitute an irrevocable offer, for a p�riod of ninety (90) days to sell to the City, the services described in the attached specifications, or until one or more of the proposals have been approved by the City administration, whichever occurs first. E. The contract resulting from acceptance of a proposal by the city shall be in a form supplied or approved by the City, and shall reflect the specifications in this RFP. A copy of the contract is available for review and shall include requirements to comply with ADA, Civil Rights Act, artd EEO requirements. The City reserves the right to reject any proposed agreement or contract that does not conform to the specifications contained in this RFP/Q, and which is not approved by the City Attorney's office. .. . F. The City shall not be responsible for any costs incurred by the firm in preparing, submitting or presenting its response to the RFP/Q. VI. BACKGROUND Facility: City Hall; 33325 8 Ave S. Federal Way, WA 98063. Built in 1994 with 88,085 gross sq ft, 2 story tilt up construction, converted to City office space in 2004. History: In 2009 the City used Energy Industries to help with technical research and recommendations forapplication of a WA State SEP Loan. Seven measures were identified for the application request of $646,000.00, half of which was to be funded from a state energy contract. The State approved a$223,000 loan to be used on energy saving projects. The state has made it clear that we have some flexibility on what the final projects are as long as there is appropriate energy savings. Availabte Funds: Federal ARRA �rant allocated to this project $432,086 State SEP Loan $223,004 PSE Incentives — amount to be determined by contractor. City funds— none appropriated at this time. Some repair or replacement funds may be available in the future_ Current Concerns: RTU l, RTU 2, and Data Aire units have age and repair needs. The (GAC) Broadcast room is a small room that heats up due to the amount of equipment in a smatt area and is served from RTU 1. City Hall has a number of offices that have comfort issues on the south and west facing windows. Lighting controls are poor in some areas of the building. City Support: Upon request; the City will make available; Energy Industries list of ineasures for the State Loan, an inventory Iist of City Hall HVAC Equipment, Lighting fixtures, PSE records, and access to building drawings and equipment. VII. SCOPE OF' SERVICES & MINIMUM RESPONSE REQUEST: A. Statement of Qualifications and Responsibitity. The respondent must be the Prime Contractor. The Prime Contractor will be responsible for all work and subcontractors involved in the project. The Prime Contractor will submit a list of all participants in the project prior to the actua( contract negotiations. If some or all of the participants are not known at this stage, a seiection strategy shatl be identified noting which participants have not been selected. B. Personnet. Each Contractor wi(1 attach a Project Staffing Plan. The proposed plan will include a description of proposed staffing showing the project organization, supervisory responsibilities, and lines of authority. Identify who will be the primary contact with City staff. Attach an organizationat chart for this project. C. Energy Savings. Provide a textual and numerical description of the normal method used to estabiish baseline energy use for City Hall. Describe the method used to justify variances between the baseline consumption and actual annual consurnption. Variances between baseline energy consumption/cost and actual energy consumption/cost can be attributed to changes in the unit price of energy, rate schedules, weather, occupancy, buiIding utilization and building size; to name a few. Proposal to include but not limited to: list of recommended energy conservation measures, financial estimates, utility savings, pay back schedule, debt services model, guarantee savings criteria, maintenance of systems involving final scope of project, system commissioning and reporting support for the Grant and Loan requirements. D. Project Development & Engineering estimate. The selected Contractor will enter into a Letter of Understanding with the City to create a final project plan. This will allow the Contractor to perform an energy analysis, conduct a feasibility study, if necessary, develop a final engineered recommendation, and design a comprehensive energy program. E. Secure Utility contribations. The ftnal project plan will include veritied contribution that wili be paid to the City of FederaI Way for energy saving measures. F. Project Implementatian; The selected Contractor will enter into an performance-based energy services agreement with the City, which will contain the tinal agreed upon energy savmg measures. G. Equipment & Training; The Contractor shall outline any training proposed as part of the project, including the subject, duration, and location of training. Respondent shall also describe the relationship with the organizatian providing training, if not provided by the prime contractor. Respondent shail describe any customer support programs provided in the project. The Contractor shall detail the availability, duration, and services provided through the customer support program, if applicable. If the Contractor proposes a maintenance program, infonnation must be provided detailing serviees provided and terms of contract, if any_ The Contractor should also provide the justification for any proposed customer support or maintenance program. Warranty coverage statements on new equipment to be included at the time of final recommendations of ineasures. H. References; Provide information on � performance contracts, similar in size and scope to the proposed project for the City of Federal Way that the respondent has successfully implemented within the last five yea :s. VIIL COMPENSATION. A. Please present detailed information on the firm's proposed fee schedule far the specifications proposed and for any variation for non-routine services, inclusive of Washington state sales tax �and any other applicable governmental charges. Please provide specifics as to definitions of routine versus non-routines tasks, what is fixed as opposed to variable, and how costs are adjusted according to that classification. B. Payment by the City for the services will only be made after the services have been performed, an itemized btlling statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such persor►. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. IX. PUBLICATION. Name of Publication: Federal Way Mirror Dates: April 21 and April 24 G:Uawformslrfp COUNCIL MEETING DATE: t�-6; �1$_ ................. ....a...q.....�. ..._�_\.0.................__._._..__._................................._..........................._ITEM #: �J' Ir1 � � CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SuB.TECT: Lakehaven Utility District Franchise Ordinance POLICY QUESTION Should the City grant Lakehaven Utility District a Franchise to operate and maintain a water and sewer system within the City of Federal Way? CoMMrr'rEE: Finance, Economic Development and Regional Affairs Committee CATEGORY: ❑ Consent ❑ City Council Business � Ordinance ❑ Resolution MEETING DATE March 23, 2010 ❑ Public Hearing ❑ (� Other STAFF REPORT BY: MaYwan P.E., Deputy Public Works Director��DEP'r: Public Works Attachments: Memorandum to the Finance, Economic Development and Regional Affairs Committee dated March 23, 2010. Options Considered: 1. Approve the Ordinance and forward to the Apri16, 2010 City Council meeting for first reading. 2. Modify the Ordinance and forward to the Apri16, 2010 City Council meeting for first reading. 3. Reject the Ordinance and provide direction to staff. - __ __ STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the Apri16, 2010 Council Agenda for first readi \ % CITY MANAGER APPROVAL;,��/ I�' („��., 3 `� ?/ �DIRECTOR APPROVAL: Committee Council Council COMMITTEE RECOMMENDATION Committee recommends forwarding Option 1 to the April 6, 2010 Council Consent Agenda for first reading. � � �II� - /� � � , / � �...�►. �.r ►i�'�'!!�'!*!'l'%� . i - . � � - : � � . - ►, - �� - � /� PROPOSED CO�TNCIL MOTION: v v 1 READING OF ORDINANCE (04/06/2010) "I move to forward the ordinance to a second reading for enactment on the April 20, 2010 Council Consent agenda. " 2 11D READING OF ORDINANCE (04/20/2010) "I move approval of the Lakehaven Utility District Franchise ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # �� ❑ DENIED 1sT resdieg �•(D • � 0 ❑ TABLED/DEFERRED/N0 ACTION EaaMment readiog � MOVED TO SECOND READING (ordinances only) ORDINANCE # • REVISED - 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 23, 2010 TO: Finance, Economic Development, and Regional Affairs Committee VIA: Brian Wilson, City Manager/Police Chief FROM: Marwan Salloum, P.E., Deputy Public Works Director SUBJECT: Lakehaven Utility District Franchise Ordinance BACKGROUND Lakehaven Utility District and the City of Federal Way have determined that it is in the best interests of the public and both parties that Lakehaven Utility District be granted a franchise from the City of Federal Way, in order to specify the rights and duties of Lakehaven to install, operate and maintain a water and sewer system including all related appurtenances located within the City of Federal Way rights-of-way. See attached copy of the proposed franchise ordinance. The term of this Franchise is for a period of five (5) years commencing on the effective date of this Franchise. The proposed Franchise ordinance also addresses the fire hydrant cost issue. Lakehaven Utility District will be responsible to operate and maintain all portions of the water system, including the fire hydrants and those components of the water system that provide fire suppression benefits within City boundaries. Lakehaven will, during the term of this Franchise, indemnify and hold the City harmless from any costs associated with the maintenance of the water system, including the cost of maintaining the fire hydrants and those portions of the system that provide fire suppression benefits within City boundaries. In consideration for Lakehaven solely bearing responsibility for maintenance of the fire hydrant and those portions of the water system that provide fire suppression benefits within City boundaries, the City agrees to forego the following action during the term of the Franchise: ■ The levying of any utility tax on revenues of the water and sewer systems; and ■ Initiation of any proceedings under RCW Chapter 35.13A to assume the water and/or sewer service jurisdiction of Lakehaven. K:�FHSRAC (FEDRAC)�2010\03-23-10 Lakehaven Utility District Franchise .doc ORDINANCE NO. 1Q- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING LAKEHAVEN UTILITY DISTRICT, A MUNICIPAL CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, THROUGH THE FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING, RENEWING AND OPERATING A WATER AND SEWER SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY AND ADDRESSING HYDRANT COSTS WITHIN CITY BOUNDARIES. WHEREAS, Lakehaven Utility District and the City of Federal Way have determined that it is in the best interests of the publie and both parties that Lakehaven Utility District be granted a franchise from the City of Federal Way, in order to specify the rights and duties of Lakehaven to install, operate and maintain a water and sewer system including all related appurtenances located in certain rights-of-way as depicted in Exhibit A; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for water, sewer, and other private and publicly owned and operated facilities for public service; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; WHEREAS, the parties acknowledge the Washington State Supreme Court's ruling in Lane v. Seattle that the cost of hydrants is a general government responsibility; and Ordinance No 10- Page 1 of 26 Rev 1/10 WHEREAS, Franchisee recognizes a benefit to its rate payers in not having its jurisdiction assumed by the City or having the City impose a utility tax on Franchisee, and WHEREAS, Franchisee is wiliing to accept the burden of any hydrant costs the City may be liable for in exchange for the City waiving its rights during the period of the Franchise to: (1} undertake an assumption of Franchisee's sewer and water service jurisdiction and (2) levy a utility tax on Franchisee, and WHEREAS, the parties believe that it would be in their mutual best interest to study and evaluate ways in which they may work more cooperatively, including whether merger of their operations would be beneficial. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Sectivn l. Definitions Where used in this Franchise the following terms shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.2 "Council" means the City of Federal Way Council acting in its official capacity. 1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way Public Works Department. 1.4 "Facilities" means all structures, antennas, equipment, pipes, mains, hydrants, valves, meters, service lines in right of way, manholes, clean outs, and all other related appurtenances Ordinance No 10- Page 2 of 26 Rev 1/10 owned or used by Franchisee and necessary for the distribution of water and collection of wastewater. 1.5 "FWRC" means the Federal Way Revised Code. 1.6 "Franchise Area" means rights-of-way for public roads, streets, avenues, alleys, and highways of the City as set forth in Ea�hibit A. Exhibit A rnay be updated by the City upon the City's acquisition or vacation of rights of way and upon any annexation of area that is within the Franchisee's service area. 1.7 "Franchisee" means Lakehaven Utility District, a municipal corporation, and public utility, and its respective successors and assigns. Section 2. Grant/Acceutance 2.1 Grant of Franchise. The City does hereby grant to Franchisee, subject to the terms of this Franchise, the right, privilege, authority and franchise to: (a) Lay, construct, extend, repair, renew, and replace Facilities in the Franchise Area; and (b) To charge and collect tolls, rates and compensation for such utility service and such uses. 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions af this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Ordinance No 10- Page 3 of 26 Rev 1/10 Section 3. Conditions of Use 3.1 Non-Franchise Area Cit ��pertv. This Franchise does not and sha11 not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than public roads, streets, avenues, alleys, and highways of the City. The Franchisee shall place Facilities within the Franchise Area, but not on any other public property owned, in whole or in part, leased, or otherwise occupied by the City unless an easement is granted. 3.2 Termination of Easements. Franchisee agrees that it shali be responsible to abandon its easements in property that is to become right of way under City projects pursuant to, and in accordance with, the September 2009 agreement between the parties, the terms of which are hereby incorporated by reference. 3.3 Operation costs. To the extent permitted by law and as otherwise expressed in this agreement, Franchisee shall be solely responsible for the operation, maintenance, repair and construction of its Facilities. 3.4 Facilities Abandonment. Franchisee will notify the City when a Facility has been deemed obsolete and its use discontinued. The Facility shall be removed by Franchisee, at is expense, within one hundred (180} days of the date the Facility's use is discontinued. The City may deem a Franchisee's facility obsolete if the Facility ceases to be operational for more than ninety (90) days and the Franchisee has not initiated repair or removal. If Franchisee fails to begin repair or remove the Facility, the City or its agent may cause the Facility to be removed pursuant to Section 14 Ordinance No 10- Page 4 of 26 Rev 1/10 of the Franchise. However, with the express written consent of the City, Franchisee may leave such Facilities in place. The City's consent shall not relieve Franchisee of the obligation and/or costs to subsequently remove or relocate such Facilities at the City's request, in which case Franchisee shall perform such work at no cost to the City in accordance with Section 14. The provisions of this Section shall survive the expiration, revocation or termination of this Franchise. Section 4. Term. 4.1 Initial Term. Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period of five (5) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to the terms of this Franchise or other applicable law. This Franchise may be extended by mutual written agreement of the parties Section 5. Hvdrant costs. The parties agree that during the term of the Franchise, Lakehaven shall be responsible to operate and maintain all portions of the water system, including the fire hydrants and those components of the water system that provide fire suppression benefits within City boundaries. Lakehaven shall, during the term of this Franchise, indemnify and hold the City hartnless from any costs associated with the maintenance of the water system, including the cost of maintaining the fire hydrants and those portions of the system that provide fire suppression benefits within City boundaries. As consideration for Lakehaven solely bearing responsibility for maintenance of the fire hydrant and those portions of the water system that provide fire suppression benefits within City boundaries, the City agrees to forego, during the term of the Franchise; (1) the levying of any utility tax on revenues of the water and sewer systems and the (2) initiation of any Ordinance No ] 0- Page S of 26 Rev 1/10 proceedings under RCW Chapter 35.13A to assume the water and/or sewer service jurisdiction of Lakehaven. In the event that it is detertnined in a court of competent jurisdiction that the terms and provisions herein do not legally transfer the City's obligation to bear the cost of maintenance of the hydrants, or other portions of the system that provide fire suppression benefits within City boundaries, the parties agree to meet to discuss the amendment of this Agreement to retain the essential purposes of this section. If no agreement can be reached, this section may be stricken from the Agreement. Section 6. Location of Facilities 6.1 Location. The location of existing Facilities, their depths below the surface of graund or grade of a right-of-way (if available), shail be submitted to the City in the form of a map showing the approximate location of Franchisee's existing water and sewer systems within the Franchise Area. Upon written request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the Franchisee's water and sewer systems within the Franchise Area. Any such map (or update thereo fl so submitted shall be for City informational purposes oniy and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 6.2 GIS Data. The Franchisee shall provide, at such time as Franchisee develops and employs Geographic Information System ("GIS") technology for its water and sewer system maps and records throughout its service area, information required in section 6.1 in digital GIS format for its Facilities within the Franchise Area. Ordinance No 1 D- Page 6 of 26 Rev 1/10 6.3 Desi�n Markin�s. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall at the City's reasonable request, provide the location of Franchisee's underground Facilities within the Franchise Area by either field markings or by locating the Facilities on the City' s design drawings, and shall provide all other reasonable cooperation and assistance to the City. 6.4 No Warrantv or Waiver. Nothing herein is intended to expand, or relieve the parties of, their respective obligations arising under Chapter 19.122 RCW or other applicable law with respect to determining the location of utility facilities prior to construction. Further, neither the provisions of this Franchise nor the absence of any specific provision in this Franchise is intended to limit, detract from or render ineffective any disclaimer (including, without limitation, any disclaimer as to accuracy or completeness) placed by Franchisee on any map furnished to the City pursuant to Section 6.1 and 6.2 of this Franchise. Section '7. Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform all work within the Franchise Area: (1) so as not to unreasonably interfere with the free passage of traffic, (2) in accordance with the laws of the State of Washington and City ordinances, regulations, resolutions and rules, and (3) as required by the Director. Section 8. Requirement to Obtain Permits 8.1 Permits. Franchisee shall, at its expense, obtain all permits (including rights-of-way permits) and pay all fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work within the Franchise Area, excluding blanket permits for water and Ordinance No 10- Page 7 of 26 Rev 1/10 sewer routine maintenance work. Permit applications shall: (1 } show the position and location of the Facilities to be canstructed, laid, installed, or erected at that time; (2) show their relative position to existing rights-of-way or property lines upon prints drawn to scale, unless otherwise approved by the Director; (3} designate rights-of-way by their names and; (4) show improvements as required by the Director, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and pipes existing on the ground to be occupied. The Franchisee shall specify the class and type of materials ta be used, equipment to be used, and mode of safeguarding and facilitating the public tr�c during construction. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not Iimited to, traffic turnouts and road obstructions sha11 meet the standards of the FWRC and be satisfactory to the Directar. All traffic control shall be in accordance with the right-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Controi Devices (MUTCD). The Franchisee shail indicate on the right-of-way use permit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the right-of-way permit. 8.2 Exception to Permit Requirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the safety or health of life, property or the environment, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as(1) Franchise informs the City of the nature and extent of the emergency and the work to be performed prior to or Ordinance No 10- Page 8 of 26 Rev 1/10 at the commencement of the work, if reasonably possible, or immediately following cessation of the emergency; and (2) such permit is obtained by Franchisee as soon as practicable thereafter. 8.3 Routine Maintenance. Franchisee shall have the right to conduct routine maintenance to repair, modify, supplement, replace or upgrade the Franchisee's Facilities, provided that the Franchisee sha11 obtain any necessary Right-of-Way Use Permit and any other permits or authorizations required by all applicable federal, state, and local laws, rules and regulations prior to the performance of any said routine maintenance. The following non-emergency related activities such as water main flushing, valve exercising, sanitary sewer line cleaning/inspection, and other activities as approved shail be allowed to occur under an annual maintenance blanket permit. 8.4 Notice of Entrv. At least forty-eight (48) hours prior to entering right-of-way adjacent to private property to perform the installation, maintenance, repair, reconstruction, or removal of facilities, except those emergency activities exempted from permit requirements, a written notice describing the nature and location of the work to be performed shall be communicated to the private property occupant to be impacted by Franchisee's work. Examples of accepta.ble notice include but are not limited to a pre-printed door hanger, mailed letter, and/or sandwich boards. Section 9. Standard of Performance The Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and permit requirements. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, or plated, before the end of the workday in which they have been opened. Trench areas within the right-of-way, but not within a driving lane, must also be plated, patched backfilled, and/or patched within the time limits Ordinance No 10- Page 9 of 26 Rev 1/10 specified by the City on the right-of-way use permit. Fina1 surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior ta permit issuance. Any asphalt overlay completed within the Franchise Area during a five (5) year period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency or as approved by the Director. In the event of this emergency cut in new pavement, Franchisee shall install new asphalt overlay on the street that is open cut, for a minimum of 250 feet in both directions from the open cut, or pay a mitigation fee, or as determined otherwise by the Director. Franchisee shall, in carrying out any authorized activities within the Franchise Area, comply with ali applicable laws, ordinances, codes and standards, as now existing or hereafter adopted or amended, and shall comply with the terms of this Franchise, whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Upon completion of any installation of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer licensed by the State of Washington (if required in the permit), showing the "as-built" location of the Facilities. Nothing herein is intended to relieve the parties of their respective obligations arising under applicable law with respect to determining the Iocation of utility facilities. Ordinance No 10- Page 10 of 26 Rev 1/10 Section 10. Survev Markers and Monuments Franchisee shall, using a Iicensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. Section 11. Surface Markings/Stakes Prior to Franchisee commencing any excavation work within the Franchise Area that disturbs any monument or marker, Franchisee shall, using a licensed surveyor, reference all monuments and markers relating to subdivisions, plats, highway, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee' s operations under this Franchise. The method referencing these monuments or other points shall be approved by the City before piacement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, sha11 be borne solely by the Franchisee. A complete set of reference notes for monuments, markers, and other ties shall be filed with the City. In the event of any conflict or inconsistency between this Section 10 and Chapter 19.122 RCW, as now existing or hereafter amended, Chapter 19.122 RCW will control. Section 12. Notification to Fire District If it is necessary to shut down or diminish the water pressure so that fire hydrants may be affected, the Franchisee shall notify the appropriate fire district by telephone followed by faaced transmittal or written notification, that water pressure or fire flow conditions have been affected. In case of a planned shutdown or diminished water flow, at least forty-eight (48) hour prior notification Qrdinance No 10- Page 11 of 26 Rev 1/10 to the fire district is required. If more than one fire hydrant is affected, Franchisee must provide a map of the affected area to the fire district. Section 13. RiEht to Citv of Undertake Maintenance Work The laying, construction, maintenance, and operation of Franchisee' s system of water and sewer pipes, and appurtenances granted under this Franchise sha11 not preclude the City, its accredited agents or its contractors from doing necessary maintenance work contiguous to the Facilities, provided that the Franchisee shall have sufficient notice of blasting, regrading, or excavating in order that Franchisee may protect its lines or pipe or property. Section 14. Right to Citv to Comnlete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of fourteen (14} days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant to Section 13 herein and Franchisee's obligation to remove facilities pursuant to Section 15 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, the City will notify the state Department of Health or Department of Ecology, as appropriate, prior to such work. The Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonabie overhead expenses and attorneys fees. Ordinance No 10- Page 12 of 26 Rev 1/10 Section 15. Natice to Franchisee of Work bv Citv 15.1 CitXReservation of Ri�. The City reserves the right to use, occupy and enjoy the Franchise Area for any purpose that is not inconsistent with the terms and conditions of this Franchise. The Rights reserved herein include, without limitation, the construction of any City owned electrical, water, sewer or storm drainage line, installation of traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. This Franchise is not an exclusive franchise. Without Iimiting Franchisee's rights under this Franchise, this Franchise shall not in any manner prohibit the City from granting other and further franchises in, under, over, upon and along the Franchise Area. 15.2 Citv's Duties. In the event the City undertakes any work, including necessary maintenance within a right-of-way in which Franchisee's Facilities are located, and such work necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City shall: (a) Pravide written notice to Franchisee requesting such relocation within a reasonable time prior to the commencement of such City work; and {b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications for such City work so that Franchisee may relocate its Facilities to accommodate such City work. (c) Coordinate to minimize conflicts between existing Facilities and Franchise Area improvements where possible. Ordinance No 1 D- Page 13 of 26 Rev 1/10 15.3 Franchisee's Duties. After receipt of the City notice requesting the relocation of the Facilities pursuant to Subsection 15.2 (a) and receipt of the plans and specifications pursuant to Subsection 15.2(b), Franchisee shall, within such reasonable time as approved by the Director, raise, lower, or move such Facilities within the Franchise Area at its sole cost and expense so as to conforrn to such new grades as may be established, and place the pipe in a location or position causing the least interference with the improvement, repair, or alteration contemplated by the City. 15.4 Exclusivitv. This Section 15 sha11 govern all relocations of Franchisee's Facilities reqnired in accardance with this Franchise. Nothing in this Section 15 shall require Franchisee to bear any cost or expense in connection with the location or relocation of any Facilities existing under benefit of easement on property owned by a person or entity other than the City. Section 16. Damage Renair In case of damage by the Franchisee or by the Facilities of the Franchisee to rights-of-way, or to public and private improvements to rights-of-way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of such damage, immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights-of-way, or to public and private improvements to rights-of-way, the City shall give the Franchisee notice of the damage and set a time limit so the Franchisee may repair the damage. In the event the Franchisee does not repair a right-of-way or an improvement to a right-of-way as required in this section, the City may repair the damage pursuant to Section 14 of this Agreement Ordinance No 10- Page 14 of 26 Rev 1/10 Section 17. General Maintenance of Facilities Franchisee will maintain Facilities located within the Franchisee Area in good operating condition and repair in a manner consistent with applicable law and prudent utility practice, and will comply with the following procedures: (a} Franchisee will provide the City, on an annual basis upon the City's written request, a proposed schedule of its routine Facility replacement or repair activities within the Franchisee Area. (b) Franchisee will meet, at least annually upon the City's written request, with a City representative to discuss the City's concerns regarding the timing, scope, nature or method of such repair or replacement activities within the Franchisee Area. Section 18. Emergencv Operations Prior to the beginning of each winter storm season, Franchisee will, at the request of the City, attend an annual coordination meeting with the City to discuss Franchisee's Emergency Response Plan. At the request of the City, a copy of those portions of Franchisee's Emergency Response Plan that Franchisee makes generally publicly available will be provided to the City at the coordination meeting, along with appropriate telephone number and pager numbers during each emergency. Sectian 19. Default 19.1 Notice of Default. If Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ardering such compliance and Franchisee shall have sixty (60) days frorn the receipt of such notice in which to comply. Ordinance No 10- Page I S of 26 Rev 1/10 19.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after the expiration of the sixty (60} day period, the City may, by ordinance, declare an immediate forfeiture of this Franchise; provided, however, if any failure to comply with this Franchise by Franchisee cannot reasonably be corrected with due diligence within such sixty (60) day period (Franchisee's obligation to camply and to proceed with due diligence being subject to unavoidable delays and events beyond its control), then the time within which Franchisee may so comply shall be extended, upon notice to the Director, for such time as may be reasonably necessary and so long as Franchisee commences promptly and diligently to effect such compliance. Section 20. Limited Rights This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. Section Zl. Eminent Domain The e�stence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisee' s Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Section 22. Vacation If at any time the City, by ordinance, vacates all or any portion of public streets, roads and/or rights-of-way within the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City agrees to exert reasonable good faith efforts to Ordinance No 1 D- Page 16 of 26 Rev 1/10 reserve an easement for Franchisee's existing or proposed Facilities when a street, public way, or area is vacated. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Section 23. Compliance with Laws Franchisee shall comply with aIl applicable federal, state and City laws, ordinances, resolutions, regulations, standards and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Protection Act; the Federal Occupational Safety and Health Act of 1970 (OSHA), and the Washington Safety .and Health Act of 1973 (WISHA) provided, however, that if any term or condition of this Franchise and any term or condition of any City law, code, ordinance, resolution, regulation, standard, procedure, permit, or approval are in conflict, the term or condition of this Franchise will control. Section 24. Guarantee Franchisee shall guarantee work completed by the Franchisee after the date of this franchise for a period of twenty (20} years from completion against settlement or conditions requiring repair.. Section 25. Char�e for Administrative Costs Franchisee shall reimburse the City for the actual reasonable administrative expenses incurred by the City that are directly related to receiving and approving this Franchise. Nothing herein shall preclude the City from recovering any administrative costs incurred by the City inthe approval of permits or in the supervision, inspection or examination of a11 work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the City's code. Ordi»ance 1Vo 10- Page 17 of 26 Rev 1/10 Section 26. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and Iiabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the Franchisee's breach of this Franchise. This section shall not be construed to require Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence of the City, its agents or emplayees. In the event any claim, demand, suit or action is cammenced against the City that constitutes an obligation of Franchisee pursuant to this Section 26, the City sha11 promptly notify Franchisee thereof, and Franchisee shall defend any such claim, demand, suit or action. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent permitted thereunder, to the full extent of Franchisee's negligence. Ordinance No 10- Page 18 of 26 Rev I/10 Section 27. Insurance 27.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance, in such forms and with such carriers as are satisfactory to the City. (a) Workers compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Cornmercial general liability insurance with limits of liability not less than $5,000,000 each occurrence and $5,000,000 aggregate for bodily injury, including personal injury or death, products Iiability, contractual coverage, operations, explosion, collapse, underground and property damage; and (c) Automobile Liability insurance with limits of liability not less than $5,000,000 each accident for bodily injury, or death and property damage. 272 Mandatorv Insurance Provisions. The commercial general liability insuranee and automabile liability insurance policies shall be endorsed to contain the following provisions: (a) The City, its officers, elected officials, employees, and volunteers are to be named as additional insured; (b) Cov.erage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; {c) Coverage shall not be suspended, canceled, modified or reduced except after thirty {30) days prior written notice to the City delivered by certified mail, return receipt requested; and Ordinance No 10- Page 19 of 26 Rev 1/10 (d) Coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance. 27.3 Verification of Covera�e. Franchisee shall furnish the City with certificates of insurance and original endorsements evidencing the coverages required by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City annually. At the City's request, Franchisee shall deliver certified copies of all required insurance policies. 27.4 Self-Insurance. In satisfying the insurance requirements set forth in this Section, Franchisee may self-insure against such risks in such amounts as are consistent with good utility practices. Franchisee shall provide the City with sufficient written evidence, upon request, that such insurance (or self-insurance) is being so maintained by Franchisee. Such written evidence shall include, to the extent available from Franchisee's insurance carrier, a written certificate of insurance with respect to any insurance maintained by Franchisee in compliance with this Section. Section 28. General Provisions 28.1 Entire Agreement. This Franchise contains all of the agreements of tl�e Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 28.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. Ordinance 1Vo 1 D- Page 20 of 26 Rev 1/10 28.3 Assignment. Franchisee shall not have the right to transfer or assign, in whole or in part, any ar all of its obligations and rights hereunder without the prior written consent of the City, which consent will not be unreasonably withheld. Any assignee shall, within thirty (30) days of the date of any approved assignment, file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Franchise. Notwithstanding the foregoing, Franchisee shall have the right, without such notice or such written consent, to mortgage its rights, benefits and privileges in and under this Franchise to the Trustee for its bondholders. 28.4 Attornev Fees. In the event the City or the Franchisee defaults on the performance of any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise sha11 be King County, VVashington. 28.5 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 28.6 Governing Law. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. Ordinance No 10- Page 21 of 26 Rev 1/10 28.7 Authoritv. Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 28.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Franchisee: Lakehaven Utility District Attn: General Manager 31627 1 st Ave South P.O. Box 4249 Federal Way, WA 98063 City: City of Federal Way Attn: City Attorney 33325 8 th Avenue South P.O. Box 9718 Federal Way, WA 98063 Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail sha11 be deemed received three (3) days after the date of mailing. 28.9 Captions. The respective captions of the sections of this Franchise are inserted for convenience of reference only and sha11 not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 28.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Ordinance IVo 10- Page 22 of 26 Rev 1/10 Section 29. Cooperation/Merger Discussion The parties agree to participate in a joint discussion to review the benefits of expanding the coaperative relationship developed between them to better serve the public interest. The discussion shali address whether, and to what extent, it would be beneficial to the interests of City residents and Lakehaven ratepayers to merge the water and sewer utilities into City government. The discussion shall be implemented in good faith and shali focus on ways that governmental cooperation would make the provision of public services more efficient and cost effective. The discussion will evaluate the possible existence of operational efficiencies associated with merger and non-merger scenarios. The discussion shall occur no later than two years after the effective date of this Franchise. The parties retain the authority to determine whether merger is in their respective best interests and shall be free to advocate for, or against, merger in any proceedings that might be undertaken under RCW Chapter 35.13A. Section 30. Severabilitv Should any section, subsection, paragraph, sentence, clause, or phrase of this Franchise, 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 Franchise 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 Franchise 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 Ordinance No 10- Page 23 of 26 Rev i/10 Section 31. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Section 32. Effective Date This Franchise shall take effect and be in full force thirty (30) days after its passage and publication, according to law (see Effective Date below). 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 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\Ordinances\I.akehaven Franchise 031005.doc Ordinance No 10- Page 24 of 26 Rev 1/10 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges that such rights and privileges are subject to and limited by a11 of the terms, conditions and obligations contained therein. DATED this day of , 2009. LAKEHAVEN UTILITY DISTRICT I� Its: Ordinance 1Vo 10- Page 25 of 26 Rev 1/IU Map Date: March, 2010 C � ly � I Wate r Se rv i ce City of Federal Way P.O.Box 9718 Federal Wav Franchise Area (P)253- 35-7 00 98063 YI vvuvw. Des �(ent Moines u��.�rra I Tacoma CITY OF � � Federal Way � This map is intended for use 1 as a graphical representation. � Miles The City of Federal Way makes no warranty as to its accuracy. � N � E[fgevuoo�� Map Date: March, 2010 } { City of Federal Way C �ly �1 Sewer Service P.O.Box9718 . Federal Way, Wa. 98063 Federal Way Franchise Area (P)253-835-7000 (V� www.cityoffederalway.com ;' �� s Kent �'�� o i �� .� I � �.�� Edgewood CITY OF �. Federal Way 0 0.5 This map is intended for use 1 as a graphical representation. � Miles The City of Federal Way makes no warranty as to its accuracy. � N reements\LUD\M 1. mxd � �w I �,.. � � �� Franchise Area M�J�Gi1 COUNC[L MEETING DATE: April 20, 2010 CITY COUNCIL AGENDA BILL ITEM #:�� V SUB7ECT: Marine Hitis Emergency Storm Drain Repair - Project Acceptance PO[.[CY QUEST[Otv: Should the Council accept the Marine Hills Emergency Storm Drain Repair Project constructed by Michels Corp., as complete? COMMITTEE Land Use and Transportation Committee ' MEETING DATE:, Apri! 5, 2010 CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: William A Attachments: Land Use and Transportation Committee memorandum dated Aprii 5, 2010. Options Considered: l. Authorize final acceptance of the Marine Hills Emergency Storm Drain Repair Project constructed by Michels Corp., in the amount of $27,688.56, as complete. 2. Do not authorize final acceptance of the completed Marine Hills Emergency Storm Drain Repair Project constructed by Michels Corp., as complete and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the April 20 2010 City Council Consent Agenda for approval. „ CITY OF FEDERAL WAY ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other P.E., Surface Water Manager Public Works CITY MAIYAGER APPROVAL: ,�I � Council APPROVAL: w //G'ly� Committee � � � Co , PROPOSED COUNCIL MOTION "I move�accept the Marine Hills Emergency Storm Drain Repair Project constructed by Michels Corp., in the amount of $27, 688. 56, as complete. " (BELOW TO BE COMPLETED BY C/TY CLERKS OFFlCE) COUNCIL ACTION: ❑ APPROVED COUNCIL BIGL � ❑ DENIED l� readi¢g ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances on[y) ORDINANCE # REVISED — 02106l2006 RESOLUT[ON # COMMITTEE RECOMMEIYDATtON: CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: April 5, 2010 Land Use and Transportation Committee Brian Wilson, City Manager/Police Chief William Appleton, P.E., Surface Water Manager /,� SUBJECT: Marine HiUs Emergency Storm Drain Repair — Project Acceptance and Retainage Relea BACKGROUND• Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above-referenced contract with Michels, Inc. is complete. The final construction contract amount is $27,688.56. This is within the budgeted amount of $28,000.00 approved by the City Council on November 3, 2009. cc_ Project Fik Central �le K:�L.UTC�2010\04-OS-10 Emergency Pipe Repair Project Acceptance.doc