PRHSPSC PKT 03-08-1994 • •
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PARKS „& RECREATION CONIIVIITTEE •
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AGENDA
1. CALL TO ORDER
2. PUBLIC FORUM
3. COMMITTEE BUSINESS
A. Interlocal Agreements with Federal Way School District
I. Lake Grove Elementary
II. Harry S Truman High School
III. Status Report on Authorization from City Council to Spend up to
$50,000 on Improvements to Sports Fields
B. Open Space Land in Federal Way
C. Rental Fees /Charges at Visitation Retreat Center
D. Transfer of King County Fee -in- Lieu -of Funds (the City Manager will be
in attendance to discuss this item)
E. Blueberry Farm
F. Parks and Recreation Commission Priority List
G. Family Funland Update
4. NEXT MEETING /FUTURE AGENDA ITEMS
A. BPA Trail, Phase I
B. Future IAC Grants
C. Ordinance Accepting City of Federal Way Parks and Recreation
Department Grants
5. ADJOURN
Committee Members: City Staff:
Ray Tomlinson, Chair Joe Stevens, Director
Hope Elder Sue Floyd, Admin. Assistant
Phil Watkins 661 -4041
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• Item 3A , I c� �1 , f u ^` U _J
• 2/15/94
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO. 210
f FOR DESIGN, DEVELOPMENT AND CONSTRUCTION OF JOINT
1 SCHOOL AND PARK FACILITIES AT LAKE GROVE ELEMENTARY SCHOOL
This Agreement is made and entered into by and between the
City of Federal Way (hereinafter "City ") and Federal Way School
District No. 210 (hereinafter "District "), collectively "Parties ".
1. The City and the District share the common goal of
seeking to develop joint school /park facilities on school sites
that will retain the primary use of the site for educational use
while seeking the maximum availability of formal and informal
recreational opportunities for their citizens.
2. The development of joint school /park facilities provides
the unique opportunity to combine the resources of the City and the
District to develop the recreational Sites at a level, quality and
cost efficiency greater than if either entity individually
developed its projects.
3. Chapter 39.34 (Interlocal Cooperation Act) permits local
governmental units to make the most efficient use of their powers
by enabling them to cooperate with other entities to provide
services in a manner best serving the needs and development of
local communities.
4. Both the District and the City can achieve cost savings
and benefits in the public interest by combining their efforts to
perform certain work during the design, construction and operations
phases of the development of the Property;
NOW, THEREFORE, it is hereby covenanted and agreed to by and
between the Parties hereto as follows:
I. DEFINITIONS
The following definitions shall apply to this Agreement:
1.1 Additional Work - Site improvements desired and paid for
solely by one party, and outside the scope of the mutually
agreed upon Project.
1.2 Architect - Architect retained by the Parties, performing
work on behalf of District and City.
1.3 City - The City of Federal Way.
1.4 District - Federal Way School District No. 210.
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1.5 Engineers - Any licensed engineer employed pursuant to joint
agreement of the Parties to carry out the purposes of this ,e
Agreement. {`
1.6 Existing Facilities - Play fields, basketball pads, hard
surfaced play areas, and play ground equipment, all as
described in Exhibit A.
1.7 New Facilities - To be determined in the preliminary deign,
all as described in Exhibit B.
1.8 Parties - Shall indicate joint reference to the City of
Federal Way and Federal Way School District No. 210.
1.9 Project - The upgrade of existing school grounds and
development of new site improvements by the City and District
upon a site owned by the District commonly known as Lake
Grove Elementary School grounds, which may include the
development of the following facilities, or such other
facilities mutually agreed upon by the Parties: baseball
field, basketball area, soccer field, track, softball field,
tennis courts, picnic area, trails, play area and equipment;
provided, however, that for purposes of this Agreement,
"Project" shall not include design construction, upgrade or
development of the school building, or Additional Work, as
defined herein.
1.10 PTA - Lake Grove Parent Teacher Association. C
1.11 Landscape Architect Subcontractor /landscape architect
retained by Architect retained by Parties, performing work on
behalf of both District and City.
1.12 Site - Lake Grove Elementary School grounds, as legally
described in Exhibit C, attached hereto.
II. PURPOSE
2.1 Public Recreation. It is the intent of the Parties to
develop the Site for maximum utilization including both
school and public park purposes. Availability of Facilities,
priorities and scheduling are referenced in the existing
Interlocal Agreement ( "Interlocal ") between the City and
District dated December 17, 1991, which is attached as
Exhibit D.
2.2 Public Involvement. Throughout all phases of the design,
permitting, construction, funding, maintenance and
utilization of the Site, both Parties will work to insure
maximum input and involvement from PTA, volunteers, and the
community.
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III. DESIGN PHASE
( 3.1 Preliminary Design and Budget. The City and the District
shall jointly be responsible for overseeing the preparation
of a preliminary plan and cost estimate for the Project.
Included in the preliminary plan and cost estimate shall be
a distribution of costs between the Parties for all elements
of the Project.
3.2 Date. The Parties intend to complete the preliminary design
no later than , 1994.
' 3.3 Public Hearing. In coordination with the District, the City
shall hold a minimum of one public hearing on the proposed
preliminary plan and its budget.
3.4 Preliminary Approval. After conclusion of all public
hearings and comments on the proposed preliminary plan and
budget, the preliminary plan shall be submitted for District
Board and City Council preliminary review and approval.
3.5 Final Design. Following preliminary approval by the District
Board and City Council, and consistent with any direction
provided, the City and the District shall prepare a Final
Design Specification and Budget for the Project.
3.6 Final Design Approval. Final design shall be submitted to
the District Board and City Council for approval.
( 3.7 Date. The Parties intend to complete the final design no
later than , 1994.
IV. APPLICABLE PROCESS
4.1 Compliance with Codes. The Project shall be developed
pursuant to all applicable codes, regulations, and ordinances
of the City of Federal Way.
4.2 SEPA. This Project is subject to review under the State
Environmental Protection Act. Pursuant to WAC 197 -11 -296, if
two or more agencies share in the implementation of a
proposal, the agencies shall by agreement determine which
agency shall be the lead agency. Pursuant to WAC 197 -11 -944,
the District and the City hereby designate the City as the
nominal lead agency, whereby the City shall be responsible
for complying with the duties of the lead agency under all
applicable SEPA rules.
4.3 SEPA Checklist. The City shall be responsible for preparing
the SEPA checklist and associated documents. The Parties
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shall share costs associated with SEPA compliance in the same
proportion as specified in Section 3.1. \
4.4 SEPA Mitigation Conditions. The Parties agree to cooperate
and enter into all necessary agreements to carry out any
mitigation conditions imposed as a result of the SEPA review
process, which are not contemplated within the terms of this
Agreement:
4.5 Approval. Final Plan approval for the Project shall be
complete upon the conclusion of the SEPA process and approval
of Final Plan, including any required mitigation, by the
District School Board and the Federal Way City Council.
V. PRE - CONSTRUCTION PHASE
5.1 Final Plans. Following all approvals described in Section
4.5 herein, the final construction plans, specifications and
project manual will be jointly prepared for design, including
development items that are agreed upon by the Parties and
which fit the overall construction budget, and any Additional
Work. Final construction plans will be prepared by the
District and the City.
5.2 Party's Separate Requirements. Each Party shall, in a timely
manner, furnish any additional reproducible construction
drawings, special contract provisions and other necessary
documents which shall sufficiently detail requirements for
each Party's Additional Work, if any, added to the plans and
specifications for the Project. Each Party shall promptly
notify the other of any changes which must be made to the
these documents to bring them into conformance with each
Party's requirements for bidding and administration, which
changes shall be promptly made upon agreement of the Parties.
5.3 Allocation of Construction Costs. It is the intention of the
City and the District that the Project's plans and
specifications be incorporated into the contract bid
documents in such a manner as to allow, to the extent
possible, identification of cost allocations between the
Parties, as set out herein.
5.4 Estimate of Costs. The District and the City shall prepare
a final probable cost of the Project, identifying costs
relating to Additional Work, if any desired by one Party and
outside the scope of the mutually agreed upon Project, prior
to finalizing a bid proposal format. This estimate will be
the basis for establishing the bid proposal lump sum base -
bid, alternatives and requests for unit price. The estimate
shall be reviewed and approved by both the District and the
City.
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5.5 Acceptance of Bids. The District shall be responsible for
overseeing and coordinating the bidding phase. This
coordination shall include being named as the party to whom
the bids will be submitted.
5.6 Bid Opening and Award. A representative from each Party
shall attend the bid opening and review bid proposals. The
District and the City shall jointly review the Contractor
qualifications and the recommendation of any Consultant
obtained regarding award of contract. Bid awards shall be
made to the lowest responsible bidder for the total Project,
subject to applicable laws and regulations. Neither Party
shall proceed with work on the Project until it has received
approval from the other Party for the bid award.
5.7 Rejection of Bids. If no bids are received for the Project,
which in the estimate of the City or the District are
acceptable to that Party, that Party shall so immediately
notify the other Party. If all bids are rejected and the
Parties do not elect to rebid, this Agreement shall terminate
effective the date of one Party's notice to the other of
rejection of all bids.
VI. CONTRACT ADMINISTRATION
6.1 Administration. Each Party shall provide and bear the cost
incurred by that Party for the necessary administrative
inspection and clerical services necessary for the execution
of the Project.
6.2 Change Orders. The cost of any change orders requested by
any Party shall be allocated to the requesting Party unless
mutually agreed upon in writing by the Parties prior to
authorization of the change order. All costs of change
orders relating to Additional Work shall be borne by the
Party requesting the Additional Work. If, in the opinion of
both Parties, a change order is required to correct errors or
clarify design project questions, the costs shall be borne in
the same proportion as the division of construction costs.
6.3 Inspections. To ensure proper compliance with its
requirements during the construction phase of the Project,
the Parties shall attempt to choose a mutually acceptable
inspector to be paid in the same proportion as construction
costs. If agreement cannot be reached, each Party, at its
sole cost and expense, shall furnish an inspector. Each
Party's inspector shall advise the other of any deficiency
noted. Neither Party's inspector shall communicate directly
with or instruct the contractor directly on any matters
regarding contract performance. Communication and direction
regarding contract performance shall be the responsibility of
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the Project Architect pursuant to the Project's Scope of
Work.
VII. PROFESSIONAL SERVICES
7.1 Retention by District. Architect, Landscape Architect,
Engineer, or other professional contractor will be retained
by the District in consultation with and as mutually agreed
to by the City, to carry out it's obligations described in
this Agreement ( "Professional Services ").
7.2 Payment. Prior to the retention of any Professional
Services, the proposed Scope of Work and allocation of costs
shall be reviewed and agreed upon by both Parties. In the
event one Party desires the Scope of Work to include
Additional Work outside the scope of the mutually agreed upon
Project, the other Party shall not be liable for any costs
associated with the Additional Work, which shall be
separately itemized.
VIII. PROJECT PAYMENT
8.1 Payment Allocation. All costs of the Project, except as
specifically allocated between the Parties in Paragraphs(s)
1.1, 5.2 (Additional Work), 6.1 (Administrative Costs), 6.2
(Change Orders), 6.3 (Inspections), 7.2 (Additional Work),
and 10.0 (Insurance) herein, shall be borne by the Parties as
provided in Section 3.1 of this Agreement.
8.2 Accounting. The District shall provide to the City an
accounting of all costs incurred as a result of this
Agreement, including a copy of all bills, statements of
accounts, requests for payments, . etc. received by the
District relating to the project, prior to payment for said
services. All accounts, books, records, and documentation
pertaining to the execution of this Agreement shall be made
available at all reasonable times to a representative of the
City.
8.3 Payment Approval. Both City and District approval shall be
required prior to the payment of any services rendered
pursuant to this Agreement.
8.4 Joint Payment. The District shall forward a copy of all
billing statements for the Project to the City immediately
upon the District's receipt of such statements. All billing
statements shall separately identify: (1) costs relating to
joint obligations of the Parties and (2) costs defined to be
the sole responsibility of the District and the City, if any.
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Each Party shall pay its costs within thirty (30) days of its
receipt and approval of the billing statement.
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IX. OPERATIONS AND MAINTENANCE
9.1 Upon final completion and acceptance of the construction of
the Project and the New Facilities, the operations, use and
maintenance of the Existing Facilities and the New Facilities
on the Site shall be governed by the existing Interlocal
between the District and the City, executed December 17,
1991, a copy of which is attached hereto as Exhibit "D ".
B. INSURANCE
10.1 Amount. It is hereby understood and agreed that each Party
to this Agreement shall obtain and maintain public liability
insurance in an amount not less than TWO MILLION AND NO /100
DOLLARS ($2,000,000) single limit liability.
10.2 Certificate. Each Party shall provide the other Party with
a certificate of public liability insurance naming the other
Party as an additional insured and showing proof of the
• required insurance coverage. Insurance coverage shall be
maintained at all times.
BI. GENERAL PROVISIONS
11.1 Scheduling. Time is of the essence of this Agreement in each
and all of its provisions in which performance is a factor.
The Parties commit to exert all reasonable efforts to adhere
to completion dates contained herein.
11.2 Term. This Agreement, for purposes of compliance with
RCW 39.34.030(3) and 39.34.030(4)(B) shall terminate upon the
occurrence of the three events: (1) final acceptance by
each Party of the completed construction project; (2) final
payment by each Party of all costs of the Project; and (3)
release of all bonds submitted for the Project.
11.3 Administration. The responsibility for overseeing the
compliance with the provisions of this Agreement shall be
handled jointly between the Parties, and no separate legal or
administrative entity shall be formed by the Parties for such
purpose. The contract representative for the City shall be
Kenneth E. Nyberg, 33530 1st Way South, Federal Way,
Washington 98003. The contract administrator on behalf of
the District shall be Dr. Richard Harris, Federal Way Public
Schools, Administrative Office, 31405 18th South, Federal
Way, Washington 98003.
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11.4 Indemnification. The District agrees to indemnify and hold
the City, its elected officials, officers, employees, agents,
and volunteers harmless from any and all claims, demands,
losses, actions and liabilities (including costs and all
attorney fees) to or by any and all persons or entities,
including, without limitation, their respective agents,
licensees, or representatives, arising from, resulting from,
or connected with this Agreement to the extent caused by the
negligent acts, errors or omissions of the District, its
partners, shareholders, agents, employees, or by the
District's breach of this Agreement.
The City agrees to indemnify and hold the District, its
elected officials, officers, employees, agents, and
volunteers harmless from any and all claims, demands, losses,
actions and liabilities (including costs and all attorney
fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or
representatives, arising from, resulting from, or connected
with this Agreement to the extent caused by the negligent
acts, errors or omissions of the City, its partners,
shareholders, agents, employees, or by the City's breach of
this Agreement.
The provisions of this paragraph shall survive the expiration
or termination of this Agreement with respect to any event
occurring prior to such expiration or termination. (_
11.5 Work Product. All work product, including plans, sketches,
layouts, designs, design specifications, records, files,
computer disks magnetic media or material which may be
produced or modified by any entity, directed, hired or
appointed or employed by either Party to perform the services
or carry out the intent of this Agreement shall be jointly
owned by the City and the District. At the termination or
cancellation of this Agreement, copies of any such work
product remaining in the possession of any contractor shall
be delivered to the Parties.
11.6 Entire Agreement. This Agreement contains all of the
agreements of the Parties with respect to any matter covered
or mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be
effective for any purpose.
11.7 Modification. No provision of this Agreement may be amended
or added to except by agreement in writing signed by the
Parties or their respective successors in interest.
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11.8 Full Force and Effect. Any provision of this Agreement which
( is declared invalid, void or illegal shall in no way affect,
impair, or invalidate any other provision hereof and such
other provisions shall remain in full force and effect.
11.9 Attorney Fees. In the event the City or the District
defaults on the performance of any terms in this Agreement,
and the District or City places the enforcement of the
Agreement or any part thereof, or the collection of any
monies due, or to become due hereunder, or recovery of
possession of any belongings, in the hands of an attorney, or
file suit upon the same, each Party shall pay all its own
attorney's fees, costs and expenses. The venue for any
dispute related to this Agreement shall be King County,
Washington.
11.10 No Waiver. Failure of either Party to declare any breach or
default immediately upon occurrence thereof, or delay in
taking any action in connection with, shall not waive such
breach or default, but either Party shall have the right to
declare any such breach or default at any time and take such
actions that might be lawful or authorized hereunder either
at law or in equity. Failure of the either Party to declare
one breach or default does not act as a waiver of either
Party's right to declare another breach or default.
IN WITNESS whereof the Parties have executed this Agreement
the day and year set forth below.
CITY OF FEDERAL WAY FEDERAL WAY SCHOOL DIST. NO. 210
By: By:
Kenneth E. Nyberg G. Richard Harris
Its City Manager Its Superintendent
33530 1st Way South 31405 18th South
Federal Way, WA 98003 Federal Way, WA 98003
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Carolyn A. Lake James Thrasher
City Attorney School District Attorney
K: \DOCUMENT \LKGRVCON.V2
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Item 3A
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1 -31 -94
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO. 210
FOR DESIGN, DEVELOPMENT AND CONSTRUCTION OF JOINT
SCHOOL AND PARR FACILITIES AT HARRY TRUMAN HIGH SCHOOL
This Agreement is made and entered into by and between the
City of Federal Way (hereinafter "City ") and Federal Way School
District No. 210 (hereinafter "District "), collectively "Parties ".
1. The City and the District share the common goal of
seeking to develop joint school /park facilities on school sites
that will retain the primary use of the site for the maximum
availability of formal and informal recreational opportunities for
their citizens.
2. The development of joint school /park facilities• provides
the unique opportunity to combine the resources of the City and the
District to develop the recreational Sites at a level, quality and
with increased cost efficiency than if either entity individually
developed its projects.
3. Chapter 39.34 (Interlocal Cooperation Act) permits local
governmental units to make the most efficient use of their powers
by enabling them to cooperate with other entities to provide
services in a manner best serving the needs and development of
local communities.
4. Both the District and the City can achieve cost savings
and benefits in the public interest by combining their efforts to
perform certain work during the design, construction and operations
phases of the development of the Property; •
NOW, THEREFORE, it is hereby covenanted and agreed to by and
between the Parties hereto as follows:
I. DEFINITIONS
The following definitions shall apply to this Agreement:
1.1 Additional Work - Site improvements desired and paid for
solely by one party, and outside the scope of the mutually
agreed upon Project.
1.2 Architect - Architect retained by the Parties, performing
work on behalf of District and City.
1.3 City - The City of Federal Way.
1.4 District - Federal Way School District No. 210.
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1.5 Engineers - Any licensed Parties e to l carry out the pursuant
purposes to
of joint this
agreement of the
Agreement. ba
1.6 Existing Facilities - Play fields, ba etbal pads, a n d
surfaced pla areas, and play g
described in Exhibit A.
1.7 New Facilities - To be determined in the preliminary deign,
all as described in Exhibit B.
1.8 Parties - Shall indicate joint int reference trict the City of
Federal Way and Federal Way
1.9 Project The upgrade of existing school grounds and
development of new site improvements by the City and District
upon a site owned by the District commonly known as Harry
Truman High School grounds, which may include the development
of the following facilities, or such other facilities
mutually agreed upon by the Parties: baseball field,
basketball area, soccer field, track, softball field, tennis
courts, picnic area, trails, play area and equipment;
provided, however, that for purposes of this Agreement,
"Project" shall not include design construction, upgrade or
development of the school building, or Additional Work, as
defined herein.
1.10 PTA - Harry Truman Parent Teacher Association.
1.11 Landscape Architect - Subcontractor /landscape architect
retained by Architect retained by Parties, performing work on
behalf of both District and City.
1.12 Site - Harry Truman School grounds, as legally described in
Exhibit C, attached hereto.
II. PURPOSE
2.1 Public Recreation. It is the intent of the Parties to
develop the Site for maximum utilization including both
school and public park purposes. Availability of Facilities,
priorities and scheduling are referenced in Sections I and II
of the existing interlocal Agreement ( "Interlocal ") between
the City and District dated December 17, 1991 , which
interlocal is attached as Exhibit D.
2.2 Public Involvement. Throughout all phases of the design,
permitting, construction, funding, maintenance and
utilization of the Site, both Parties will work to insure
maximum input and involvement from PTA and volunteers.
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III. DESIGN PHASE
3.1 Preliminary Design and Budget. The City and the District
shall jointly be responsible for overseeing the preparation
of a preliminary plan and cost estimate for the Site.
Included in the preliminary plan and cost estimate shall be
a distribution of costs between the Parties.
3.2 Date. Preliminary design shall be completed no later than
, 1994.
3.3 Public Hearing. In coordination with the District, the City
shall hold a minimum of one public hearing on the proposed
preliminary plan and its budget.
3.4 Preliminary Approval. After conclusion of all public
hearings and comments on the proposed preliminary plan and
budget, the preliminary plan shall be submitted for District
Board and City Council preliminary review and approval.
3.5 Final Design. Following preliminary approval by the District
Board and City Council, and consistent with any direction
provided, the City and the District shall prepare a Final
Design Specification and Budget for the Project.
3.6 Final Design Approval. Final design shall be submitted to
the District Board and City Council for. approval.
3.7 Date. Final design shall be complete no later than
, 1994.
IV. APPLICABLE PROCESS
4.1 Compliance with Codes. The Project shall be developed
pursuant to all applicable codes, regulations, and ordinances
of the City of Federal Way.
4.2 SEPA. This Project is subject to review under the State
Environmental Protection Act. Pursuant to WAC 197 -11 -296, if
two or more agencies share in the implementation of a
proposal, the agencies shall by agreement determine which
agency shall be the lead agency. Pursuant to WAC 197 -11 -944,
the District and the City hereby designate the District as
the nominal lead agency, whereby the District shall be
responsible for complying with the duties of the lead agency
under all applicable SEPA rules.
4.3 SEPA Checklist. The District shall be responsible for
preparing the SEPA checklist and associated documents. The
Parties shall share equally all costs associated with SEPA
compliance.
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4.4 SEPA Mitigation Conditions. The Parties agree to cooperate
and enter into all necessary agreements to carry out any
mitigation conditions imposed as a result of the SEPA review
process, which are not contemplated within the terms of this
Agreement.
4.5 Approval. Final Plan approval for the Project shall be
complete upon the conclusion of the SEPA process and approval
of Final Plan, including any required mitigation, by the
District School Board and the Federal Way City Council.
V. PRE - CONSTRUCTION PHASE
5.1 Final Plans. Following all approvals described in Section
4.5 herein, the final construction plans, specifications and
project manual will be jointly prepared for design, including
development items that are agreed upon by the Parties and
which fit the overall construction budget, and any Additional
Work. Final construction plans will be prepared by the
District and the City.
5.2 Partv's Separate Requirements. Each Party shall, in a timely
manner, furnish any additional reproducible construction
drawings, special contract provisions and other necessary
documents which shall sufficiently detail requirements for
each Party's Additional Work, if any, added to the plans and
specifications for the Project. Each Party shall promptly
notify the other of any changes which must be made to the l
these documents to bring them into conformance with each
Party's requirements for bidding and administration, which
changes shall be promptly made upon agreement of the Parties.
5.3 Allocation of Construction Costs. It is the intention of the
City and the District that the Project's plans and
specifications be incorporated into the contract bid
documents in such a manner as to allow, to the extent
possible, identification of cost allocations between the
Parties, as set out herein.
5.4 Estimate of Costs. The District and the City shall prepare
a final probable cost of the Project, identifying costs
relating to Additional Work, if any desired by one Party and
outside the scope of the mutually agreed upon Project, prior
to finalizing a bid proposal format. This estimate will be
the basis for establishing the bid proposal lump sum base
bid, alternatives and requests for unit price. The estimate
shall be reviewed and approved by both the District and the
City.
5.5 Acceptance of Bids. The District shall be responsible for
overseeing and coordinating the bidding phase. This
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coordination shall include being named as the party to whom
the bids will be submitted.
( 5.6 Bid Opening and Award. A representative from each Party
shall attend the bid opening and review bid proposals. The
District and the City shall jointly review the Contractor
qualifications and any recommendation of the any
Consultant
obtained regarding award of contract. Bid awards shall be
made to the lowest responsible bidder for the total Project,
subject to applicable laws and regulations. Neither Party
shall proceed with work on the Project until it has received
approval from the other Party for the bid award.
5.7 Rejection of Bids. If no bids are received for the Project,
which in the estimate of the City or the District are
acceptable to that Party, that Party shall so immediately
notify the other Party. If all bids are rejected and the
Parties do not elect to rebid, this Agreement shall terminate
effective the date of one Party's notice to the other of .
rejection of all bids.
VI. CONTRACT ADMINISTRATION
6.1 Administration. Each Party shall provide and bear the cost
incurred by that Party for the necessary administrative
inspection and clerical services necessary for the execution
of the Project.
6.2 Change Orders. The cost of any change orders requested by
any Party shall be allocated to the requesting Party unless
mutually agreed upon in writing by the Parties prior to
authorization of the change order. All costs of change
orders relating to Additional Work shall be borne by the
Party requesting the Additional Work. If, in the opinion of
both Parties, a change order is required to correct errors or
clarify design project questions, the costs shall be borne
equally by the Parties.
6.3 Inspections. To ensure proper compliance with its
requirements during the construction phase of the Project,
the Parties shall attempt to choose a mutually acceptable
inspector. If agreement cannot be reached, each Party, at
its sole cost and expense, shall furnish an inspector. Each
Party's inspector shall advise the other of any deficiency
noted. Neither Party's inspector shall communicate directly
with or instruct the contractor directly on any matters
regarding contract performance. Communication and direction
regarding contract performance shall be the responsibility of
the Project Architect pursuant to the Project's Scope of
Work.
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VII. PROFESSIONAL SERVICES
7.1 Retention by District. Architect, Landscape Architect,
Engineer, or other professional contractor will be retained
by the District in consultation with and as mutually agreed
to by the City, to carry out it's obligations described in
this Agreement ( "Professional Services").
7.2 Payment. Prior to the retention of any Professional
Services, the proposed Scope of Work and allocation of costs
shall be reviewed and agreed upon by both Parties. In the
event one Party desires the Scope of Work to include
Additional Work outside the scope of the mutually agreed upon
Project, the other Party shall not be liable for any costs
associated with the Additional Work, which shall be
separately itemized.
VIII. PROJECT PAYMENT
8.1 Payment Allocation. All costs of the Project, except as
specifically allocated between the Parties in Paragraphs(s)
1.1, 5.2 (Additional Work), 6.1 (Administrative Costs), 6.2
(Change Orders), 6.3 (Inspections), 7.2 (Additional Work),
and 10.0 (Insurance) herein, shall be borne by the Parties as
provided in Section 3.1 of this Agreement.
8.2 Accounting. The District shall provide to the City an
accounting of all costs incurred as a result of this
Agreement, including a copy of all bills, statements of
accounts, requests for payments, etc. received by the
District relating to the project, prior to payment for said
services. All accounts, books, records, and documentation
pertaining to the execution of this Agreement shall be made
available at all reasonable times to a representative of the
City.
8.3 Payment Approval. Both City and District approval shall be
required prior to the payment of any services rendered
pursuant to this Agreement.
8.4 Joint Payment. The District shall forward a copy of all
billing statements for the Project to the City immediately
upon the District's receipt of such statements. All billing
statements shall separately identify: (1) costs relating to
joint obligations of the Parties and (2) costs defined to be
the sole responsibility of the District and the City, if any.
Each Party shall pay its costs within thirty (30) days of its
receipt and approval of the billing statement.
- 6 -
•
IX. OPERATIONS AND MAINTENANCE
9.1 Upon final completion and acceptance of the construction of
the Project and the New Facilities, the operations, use and
maintenance of the Existing Facilities and the New Facilities
on the Site shall be governed by the existing Interlocal
between the District and the City, executed December 17,
1991, a copy of which is attached hereto as Exhibit "D ".
X. INSURANCE
10.1 Amount. It is hereby understood and agreed that each Party
to this Agreement shall obtain and maintain public liability
insurance in an amount not less than TWO MILLION AND NO /100
DOLLARS ($2,000,000) single limit liability.
10.2 Certificate. Each Party shall provide the other Party with
a certificate of public liability insurance naming the other
Party as an additional insured and showing proof of the
required insurance coverage. Insurance coverage shall be
maintained at all times.
XI. GENERAL ISSUES
•
11.1 Scheduling. Time is of the essence of this Agreement in each
and all of its provisions in which performance is a factor.
The Parties commit to exert all reasonable efforts to adhere
to completion dates contained herein.
11.2 Term. This Agreement, for purposes of compliance with
RCW 39.34.030 (3) and 3.9.34. 030 (4) (B) shall terminate upon the
occurrence of the three events: (1) final acceptance by
each Party of the completed construction project; (2) final
payment by each Party of all costs of the Project; and (3)
release of all bonds submitted for the Project.
11.3 Administration. The responsibility for overseeing the
compliance with the provisions of this Agreement shall be
handled jointly between the Parties, and no separate legal or
administrative entity shall be formed by the Parties for such
purpose. The contract representative for the City shall be
Kenneth E. Nyberg, 33530 1st Way South, Federal Way,
Washington 98003. The contract administrator on behalf of
the District shall be Dr. Richard Harris, Federal Way Public
Schools, Administrative Office, 31405 18th South, Federal
Way, Washington 98003.
11.4 Indemnification. The District agrees to indemnify and hold
the City, its elected officials, officers, employees, agents,
- 7 -
• ( • (
and volunteers harmless from any and all claims, demands,
losses, actions and liabilities (including costs and all
attorney fees) to or by any and all persons or entities,
including, without limitation, their respective agents,
licensees, or representatives, arising from, resulting from,
or connected with this Agreement to the extent caused by the
negligent acts, errors or omissions of the District, its
partners, shareholders, agents, employees, or by the
District's breach of this Agreement.
The City agrees to indemnify and hold the District, its
elected officials, officers, employees, agents, and
volunteers harmless from any and all claims, demands, losses,
actions and liabilities (including costs and all attorney
fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or
representatives, arising from, resulting from, or connected
with this Agreement to the extent caused by the negligent
acts, errors or omissions of the City, its partners,
shareholders, agents, employees, or by the City's breach of
this Agreement.
The provisions of this paragraph shall survive the expiration
or termination of this Agreement with respect to any event
occurring prior to such expiration or termination.
11.5 Work Product. All work product, including plans, sketches,
layouts, designs, design specifications, records, files,
computer disks magnetic media or material which may be
produced or modified by any entity, directed, hired or
appointed or employed by either Party to perform the services
or carry out the intent of this Agreement shall be jointly
owned by the City and the District. At the termination or
cancellation of this Agreement, copies of any such work
product remaining in the possession of any contractor shall
be delivered to the Parties.
11.6 Entire Agreement. This Agreement contains all of the
agreements of the Parties with respect to any matter covered
or mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be
effective for any purpose.
11.7 Modification. No provision of this Agreement may be amended
or added to except by agreement in writing signed by the
Parties or their respective successors in interest.
11.8 Full Force and Effect. Any provision of this Agreement which
is declared invalid, void or illegal shall in no way affect,
impair, or invalidate any other provision hereof and such
other provisions shall remain in full force and effect.
- 8 -
410 III
11.9 Attorney Fees. In the event the City or the District
. defaults on the performance of any terms in this Agreement,
and the District or City places the enforcement of the
Agreement or any part thereof, or the collection of any
monies due, . or . to become due hereunder, or recovery of
possession of any belongings, in the hands of an attorney, or
file suit upon the same, each Party shall pay all its own
attorney's fees, costs and expenses. The venue for any
dispute related to this Agreement shall be King County,
Washington.
11.10 No Waiver. Failure of either Party to declare any breach or
default immediately upon occurrence thereof, or delay in
taking any action in connection with, shall not waive such
breach or default, but either Party shall have the right to
declare any such breach or default at any time and take such
actions that might be lawful or authorized hereunder either
at law or in equity. Failure of the either Party to declare
one breach or default does not act as a waiver of either
Party's right to declare another breach or default.
IN WITNESS whereof the Parties have executed this Agreement
the day and year set forth below.
CITY OF FEDERAL WAY FEDERAL WAY SCHOOL DIST. NO. 210
By: By:
Kenneth E. Nyberg G. Richard Harris
Its City Manager Its Superintendent
33530 1st Way South 31405 18th South
Federal Way, WA 98003 Federal Way,WA 98003
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Carolyn A. Lake James Thrasher
City Attorney School District Attorney
K: \DOCUMENT \HTRUMAN.CON
- 9 -
•
•em 3A, III
CITY OF FEDERAL WAY
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
DATE: March 3, 1994
TO: Parks and Recreation Commission
FROM: Joe Stevens, Director of Parks and Recr- . • o •
SUBJECT: Improvements to Sports Fields
On Wednesday, March 2, 1994, Parks and Recreation Commission members Baker, Kaplan and
Suchy met with staff and representatives of CPAC and have tentatively identified the following
projects for funding as a part of the community's sports field improvement program.
Estimated
Site Project Contract for Services
Sacajawea Jr. High 1. Equipment/dirt & cinder work $ 1,750
2. Drainage materials /supplies 1,200
3. Cinder /mix 650
4. Roofing material (2 dugouts) 600
5. Sod replacement 300
$ 4,500
Thomas Jefferson High 1. Fencing, 200' x 8' $ 3,000
School 2. Safety track/cinder 1,000
3. Equipment/dirt work 1,000
4. Bleachers, storage box, bases 4
(2nd field priority) $ 9,380
Sacajawea City Park Lower football /soccer field:
1. Field saver mats /mesh ($610 x 4) $ 2,440
2. Roll -a -way backstops ($795 x 4) 3.180
$ 5,620
Federal Way High School 1. Bleachers /4 row /30' ($1450 x 2) $ 2,900
2. Storage box /metal & ABS plastic 585
3. Safety slider bases 445
4. Equipment/dirt work 850
$ 4,780
•
Decatur High School 1. Bleachers /4 row /30' ($1450 x 2) $ 2,900
2. Storage box /metal & ABS plastic 585
3. Safety slider bases 445
4. Equipment/dirt work 450
$ 4,380
Silver Lake Elementary 1. Drainage $ 1
2. Dirt work/level field /field topping 2,000
3. Backstops (2 jr. size) 1,590
4. Goal posts 2.500
$ 7,090
Woodmont Elementary 1. Equipment/dirt work $ 750
2. Backstop 895
3. Portable soccer goals 2 . 00 0
$ 3,545
Sherwood Forest Elem. 1. Portable soccer goals $ 2
2. Soccer nets 500
$ 2,500
TOTAL $41,795
It appears as though the best way to address these projects is to enter into a contract for
services with CPAC (similar to what the City does with contracts for arts and contracts for
human services). If this is possible and if it is recommended by the Parks and Recreation
Commission, City staff will prepare the appropriate agreements and coordinate the project(s)
with the Federal Way School District. The $8,205 balance would be available for contingencies
and /or other projects yet to be identified and /or prioritized.
EJS:scf
c: Ken Nyberg, City Manager
eliF
CITY OF FEDERAL WAY
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
DATE: March 2, 1994
TO: Parks and Recreation Council Committee
FROM: Joe Stevens, Director of Parks and Recr .
SUBJECT: Open Space Land
The following open space land has been acquired under the King County Open Space Bond
Program and /or Conservation Futures Program.0
Project Acres Acquired
Camelot* 14.88 acres
Lutherland /Lake Killarney* 10.82 acres
Hylebos Addition 39.02 acres
Spring Valley 51.5 acres
S.W. 363rd 9.39 acres
Visitation Retreat Center 12.06 acres
Projects identified but not yet acquired:
Fisher's Pond 12.77 acres
School Site #20 10.33 acres
Accompanying this memo, please find a listing of all park land as of January 1, 1994.
* Located outside the corporate limits of Federal Way.
EJS:scf
• •
CITY OF FEDERAL WAY
PARKS AND RECREATION ACREAGE AS OF JANUARY 1, 1994
18 Developed Parks: Acreage
Adelaide 6.7
Alderbrook 25.1
Alderdale 2.0
Saghalie 36.0
Coronado 1.2
Dash Point Highlands 5.0
French Lake 10.0
Lakota 28.2
Lake Grove 4.8
Mirror Lake 3.4
Olympic View 9.8
Palisades 3.2
Sacajawea 18.3
Steel Lake 51.7
SW 312th 2.0
Wildwood 2.3
Klahanee Lake Community /Sr. Center 7.68
Visitation Retreat Center 12.06 = 229.44 acres
2 Undeveloped Parks
Celebration 83.5
Poverty Bay 48.0 = 131.50 acres
17 Open Space /Greenbelts
Lake Killarney 10.82
SW 363rd 9.39
Spring Valley 45.39
Panther Lake 70.3
Hylebos 39.02
Dumas Bay 19.3
Camelot 12.58
Dumas open space 2.4
Heritage open space 3.5
Lockhaven open space 3.5
Madrona Meadows 6.2
(Continued on back)
• •
Madrona Trails 2.2
Marlbrook open space 2.1
Meadows open space 3.3
Twin Lakes 3.6
Wedgewood 2.0
West Campus 51.0 = 297.50
2 Trails 117.8 = 3.5 miles
18 developed 229.44 acres
2 undeveloped 131.50
17 open space /greenbelts 297.50
2 trails (3.5 miles) 117.80
776.24 acres
Acreage in park system inventory upon incorporation (February 1990) = 507.8
Acreage acquired since incorporation = 268.38
Partial Summary of "Benchmarks" Since Incorporation
1. Coronado Park upgrade
2. Alderdale Park upgrade
3. Adelaide Park upgrade
4. Basketball and sand volleyball courts at Steel Lake Park
5. Acquisition of Celebration Park
6. 312th sports courts
7. Shelter at Steel Lake Park
8. Converted a significant portion of the annex at Steel Lake Park for recreation program
space and relandscaped the site
9. Converted old Steel Lake fire station from temporary City Hall to recreation offices,
public programming and maintenance facilities
10. Purchased, renovated and opened City's first community /senior center (Klahanee Lake
Community /Senior Center)
11. Initiated recreation programs (transferred from King County) and began publication of
a quarterly brochure
12. Developed interlocal agreement with Federal Way School District for usage of parks and
school facilities
13. Acquisition and opening of French Lake Park
14. Initiated park operation /maintenance program (transferred from King County)
15. Acquired and initiated joint development of Saghalie Park. Also adopted interlocals for
development and maintenance of the site with the Federal Way School District.
16. Acquired a computerized registration system
• •
17. Transferred responsibilities for senior services from a private provider outside city limits
to the City of Federal Way
18. Initiated a City - sponsored special populations program
19. Acquired open space at Lake Killarney, SW 363rd and Spring Valley utilizing 1989 King
County open space funds
20. Transferred open space bond funds from completed projects and acquired a grant from
the State of Washington to purchase the Visitation Retreat Center on Puget Sound
21. Successfully competed for IAC grants to acquire Celebration Park and for development
at Steel Lake and Saghalie Parks
22. Installed playground equipment at Olympic View Park
23. Endorsed Family Funland volunteer project at Steel Lake Park
24. Received ISTEA grant for the development of Phase I and II of the BPA Trail
25. Entered into an agreement for future development of a new neighborhood park in
conjunction with subdivision Heritage Woods
26. Adopted Comprehensive Park, Recreation and Open Space master plan
27. Established City -wide CARES program at 13 sites with cooperation of Federal Way
School District
28. Established summer concert series in the park
29. Held the City of Federal Way first Fourth of July celebration
30. Developed master plans for Celebration and Panther Lake Parks
31. Established a Parks and Recreation Commission; first meeting September 5, 1992
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• 3F
CITY OF FEDERAL WAY
CITY ATTORNEY'S OFFICE
Memorandum
DATE: March 1, 1994
TO: E. Joe Stevens, Director of Par == d Recreation
FROM: Carolyn A. Lake, City Attorne . ►.
SUBJECT: Blueberry Farm Use is Compatible with Open Space
Bond Money Requirements
I. OUESTION PRESENTED.
Does the purchase of the "Blueberry Farm" property through use of
open space monies preclude the ability of the City to continue
blueberry farm operations and the selling of blueberries?
II. BACKGROUND.
The City purchased the Blueberry Farm property ( "Property ") using
1989 King County Open Space Bond monies ( "Bond Monies ").
Use of the Bond Monies is confined to those purposes which are
stated in King County Ordinance 9071 ( "Ordinance "), which
authorizes the issuance of the Bonds. The Ordinance lists projects
eligible for funding in Exhibit C to the Ordinance and /or projects
eligible for funding which can be approved by the King County
Oversight Committee. The Ordinance states that the purpose of the
Bond Monies is to "improve public green spaces, greenbelts, open
spaces, parks and trails." The funding of the Blueberry Farm was
accomplished in conformance with the Ordinance requirements.
The City of Federal Way and King County have executed an Interlocal
Cooperative Agreement which authorizes distribution of fund
proceeds pursuant to the Ordinance. The definition of "open space"
which is contained in Section 2.11 of the Interlocal Cooperative
Agreement between King County and Federal Way is based upon the
definition of "open space" located in RCW 84.34.020. That
definition states as follows:
The term "open space" or "open space land" means (a) any
land so designated by any official comprehensive land use
plan adopted by any city or county and zoned accordingly,
or (b) any land area, the preservation of which in its
present use would (i) conserve or enhance natural or
Memo re: Blueberry Farm
March 1, 1994
Page 2
scenic resources, or (ii) protect streams or water
supplies, or (iii) promote conservation of soils,
wetland, beaches or tidal marshes, or (iv) enhance the
value to the public of abutting or neighboring parks,
forests, wildlife reserves, natural resources or
sanctuaries or other open spaces, or (v) enhance
recreational activities, or (vi) preserve historic sites,
or (vii) preserve visual qualities along highway, road
and street corridors, or scenic vistas, or (viii) retain
in its natural state tracts of land not less than one
acre situated in an urban area and open to public use on
such conditions as may be reasonably required by the
legislative body granting the open space classifications.
(Emphasis added).
III. ANALYSIS.
In the instant case, it is significant to note that the Blueberry
Property was used as a blueberry farm prior to the City's purchase.
The farm operations included cultivation of blueberry bushes, and
opening the Property to the public for "you pick" and other
blueberry sales. Accordingly, the City is proposing to retain the
Blueberry Property "in its present use" by maintaining the
Blueberry Farm operation and public access for sales.
The definition of "open space," as quoted above, covers the
preservation of any land area "in its present use," which would
"conserve or enhance natural or scenic resources," or "enhance
recreational activities," or "preserve visual quality along
highway, road, street corridors, or scenic vista."
The City's continuation of use of the blueberry site preserves its
prior use and continues the current scenic aspect of the blueberry
growing operation. In addition, the continuation of the pre-
existing use further enhances recreational opportunities for
Federal Way citizens. Finally, as the Blueberry Farm is located
adjacent to S.W. 356th Street (a major street arterial within
Federal Way), the continuation of the blueberry growing activity
also preserves the visual quality along highway, roadway and street
corridors. Accordingly, continuing the blueberry growing operation
is an appropriate use of property acquired using open space funds.
In addition, it should be noted that continuation of blueberry
growing operations and sales, notwithstanding the use of King
County Open Space Monies for acquisition of the property, is
consistent with prior approvals by the King County Oversight
Committee. King County acquired Cottage Lake with 1989 Open Space
Bond Monies. Cottage Lake was an existing, active, recreational
property consisting of a swimming area, docks, shelters, trailer
•
Memo re: Blueberry Farm
March 1, 1994
Page 3
hooks and park buildings. These activities were operated on a fee
basis. King County simply continued the present use as an active
recreational swimming area and, in some cases, fee for use
activities, and therefore, it was approved by King County as an
appropriate use of Open Space funds for acquisition of the Cottage
Lake property.
IV. CONCLUSION.
The continued growing of blueberries, and the continued sales of
blueberries on the Blueberry Farm Property complies with any
requirements resulting from the purchase of the Property using 1989
Open Space Bond Monies, because the blueberry operations
constitutes a preservation of a use which existed prior to the
City's purchase of the property.
The City's blueberry operation is a continuation of a prior use
which, at the same time, satisfies open space objectives of
conserving and enhancing scenic resources, enhancing recreational
activities, and preserving visual qualities along highways,
roadways and street corridors. In addition, this continuation of
use which involves blueberry sales is consistent with King County's
Cottage Lake fee programs on property purchased with Open Space
Bond Monies.
l
MEMO \BLUEBERR.EJS
1 1t should also be noted that the City of Bellevue had applied
for King County Conservation Futures Bond Issue Monies for its
Bellevue Yacht Basin Property. The Conservation Futures is a
separate pool of funds from the Open Space Bond Monies; however,
authorization for expenditure of funds under either category turns
on the property qualifying as "open space." The City of Bellevue
City. Attorney's Office has issued a firm opinion that the marina
area, even though used for per -fee uses including marina, moorage
rentals, complies with requirements for use of Conservation Futures
monies.
*tem 3G
CITY OF FEDERAL WAY
PARKS AND RECREATION COMMISSION
Commission Priorities by Category (Preliminary)
(Colored dots were assigned values in order of rank)
Blue 4 Highest
Orange 3
Green 2
Brown 1 Lowest
Points Total Votes
Sports fields 31 9
Neighborhood parks 18 8
Recreation 2 1
Historic cabins 6 3
City ordinance change 2 1
(re: paved parking and parks)
Upgrade comprehensive plan 0 0
Work maps (fields, parks delineated) 4 1
Trails 7 5
a:priority.pr
4 • J ' L ° a!J
3 -3 -94
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AUTHORIZING
ACCEPTANCE OF MONIES AND DIRECTING EXECUTION
OF AN AGREEMENT TO ACCEPT FUNDS FROM VARIOUS
STATE AND FEDERAL SOURCES FOR ESTABLISHING
PROJECTS WITHIN THE GRANT FUND, AND
AUTHORIZING MATCHING FUNDS BY THE CITY IN
CERTAIN CASES.
WHEREAS, cities are charged with providing and
maintaining public infrastructure, transportation systems and
public projects necessary to maintain and improve the public
health, safety and welfare; and
WHEREAS, the financial resources of cities to provide
these necessary service and improvements are limited; and
WHEREAS, various state and federal sources have special
funds available to supplement city projects, which are awarded on
a competitive and weighted project basis; and
WHEREAS, the City staff has aggressively pursued
obtaining these funds in order to maximize the local public
benefits of these funds; and
WHEREAS, the grants identified herein will net the City
of Federal way a total of One Million Four Hundred Eight Thousand
Dollars and NO /100 ($1,408,000.00), which would otherwise have to
be funded totally from local revenue sources, and which will
require a total City match of Three Million Seven - Two Thousand
Thirty -Four Dollars and NO /100 ($3,072,034.00), thus resulting in
maximum leverage of local tax dollars; NOW, THEREFORE,
RES # , PAGE 1
•
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Agreements Authorized. For all projects
identified in Column 1 of Exhibit A, attached hereto and
incorporated herein by this reference, the City Manager or his or
her designated representative is authorized and directed to execute
such agreements with the Federal and State agencies identified in
Column 2 of Exhibit A as are necessary to accept the state and
federal grant monies identified in Column 3 of Exhibit A.
Section 2. Matching Funds Authorized. Pursuant to any
necessary grant agreement, the City commits to supply matching
funds, if any are required, and the maximum amount identified in
Column 4 of Exhibit A, specific to each grant project.
Section 3. Receipt of Funds Authorized. The City
Manager or his or her designee is hereby authorized to receive the
state and federal fund monies identified in column 3 of Exhibit A
attached hereto.
Section 4. Creation of Grant Fund Project Authorized.
At the time of execution of each agreement and acceptance of the
grant funds specific to that agreement, a separate project shall be
established within the Grant Miscellaneous Government Fund, into
which monies specific to that grant project shall be deposited.
Section 5. Manager Shall Administer Funds. The City
Manager or his or her designated representative shall have
responsibility for the administration of the state and /or federal
grant monies received.
RES # , PAGE 2
Section 6. Identification of Source of Funds. The
approximate amounts and anticipated sources of revenue for the
grant fund projects are identified in Exhibit A attached hereto.
Section 7. Ratification. Any act consistent with the
authority and prior to the effective date of this resolution is
hereby ratified and affirmed.
Section 8. Severabilitv. If any section, sentence,
clause or phrase of this resolution should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this resolution.
Section 10. 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 , 1994.
CITY OF FEDERAL WAY, WASHINGTON
MAYOR, MARY E. GATES
ATTEST:
CITY CLERK, MAUREEN M. SWANEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, CAROLYN A. LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
MARYK \RES \GENGRANT.PRK
RES # , PAGE 3
0 •
EXHIBIT A
Column 1 Column 2 Column 3 Column 4 Column 5
PROJECT SOURCE GRANT AMOUNT CITY MATCH FUND TOTAL
Saghalie Park IAC $300,000 $2,492,620 $2,792,620
Steel Lake Park IAC 300,000 319,414 619,414
BPA Phase I ISTEA 333,000 141,000 474,000
BPA Phase II ISTEA 475,000 119,000 594,000
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SUMMARY
Attending: Councilmembers Priest (chair), Gintz, and Watkins, Mayor Gates; Land Use
Manager Kathy McClung, Senior Planner Stephen Clifton, Associate Planners Bill Kingman and
Mike Thomas, City Attorney Carolyn Lake, Public Works Director Philip Keightley, Street
Systems Manager Ken Miller, Surface Water Manager Cary Roe, Senior Development Engineer
Ron Garrow, Parks & Recreation Director Joe Stevens, Maintenance Superintendent Jenny
Schroder, Administrative Assistant Jann Hopkins.
1. CALL TO ORDER
Councilmember Priest called the meeting to order at 6:00 pm.
2. AUDIENCE COMMENT
Margie Babb commented on the high cost of appealing decisions. She asked that the
Council review appeal fees and indicated her interest in working on this issue.
3. COMMITTEE BUSINESS
›ir a. Federal Way Trail Corridor /Hearing Examiner Recommendation Stephen Clifton
led review of the corridor project. The committee heard comment from Mike
Dolan in support of the project. Discussion occurred on Pipeline 5, trail width,
and ISTEA funding. It was then moved, seconded, and carried (m/s /c) to accept
• the project, subject to the hearing examiner's decision, and forward it to the full
council for approval.
b. Paragon Office & Research Facility - Mr. Clifton conducted the review of this
project. It was m /s /c to accept the project and forward it to the full council for
approval.
c. Salmolux Change of Use and Binding Site Plan - Bill Kingman explained the
change of use portion of this project. Questions were raised as to potential odors
from the processing plant, and the committee was assured by the applicant that
this is not an issue. Kathy McClung then addressed the binding site plan portion
of the project application. She explained that because of a code requirement, the
applicant was not going to be able to subdivide the lot as originally planned.
After discussion, the committee m /s /c to forward the change of use request to the
full council for approval and to remand the binding site plan to the hearing
examiner.
1
Land Use /Transportation Committee Page 2
d. St. Francis Medical Office Building - Mike Thomas presented the staff report for
this project, explaining that there was a request to amend the existing binding site
plan and increase the building height from 35 to 44 feet. Because of several
requests for amendments, Councilmember Priest asked staff to research and
report back on the City's requirement to place buildings near the street. It was
m /s /c to forward this project to the full council for approval.
e. 1994/95 Street Maintenance - Ken Miller explained the City's plan to privatize
street maintenance and presented three items for the committee's approval. After
discussion, it was m /s /c to approve the bid award to Lloyd Enterprises, use the
school yard site, and authorize necessary budget adjustments.
4. FUTURE MEETINGS /AGENDAS
The next meeting is scheduled for March 7 unless a need arises for another meeting in
February. The following items may be discussed at future meetings: historic
preservation, S. 360th R/D interlocal, acceptance of 1994 grants for CIP projects,
Robertson lein, appeal fees, and West Hill plat/seven lots.
5. ADJOURN
There being no further business, the meeting was adjourned at 7:40 pm.
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