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Council PKT 02-16-2016 Regular ;PAST,gujr; 25th •.' w fG. An.i....ary C �` CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall February 16, 2016 — 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Certificates of Appointment- Independent Salary Commission b. One Night Count of the Homeless Report-Community Development Director Michael Morales c. Mayor's Emerging Issues and Report • Update on Proposed Methanol Plant in Tacoma • IRG Purchase of Weyerhaeuser Property • Rebranding Efforts/Next Steps—Presentation by Rusty George • 2016 State of the City Address(follow-up) • City Council Annual Retreat—Dumas Bay Centre—February 20th 8:30 a.m. • Sound Cities Board of Directors Meeting with Gov. Inslee 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN 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 minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, 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 maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: February 2, 2016 Special and Regular Meeting ...page 4 b. Sacajawea Middle School Safe Route to School (SRTS) - 30% Design Status Report ... page 12 c. S 356th Street (Pacific Highway South to Enchanted Parkway) Improvements Project- Schedule 74 Undergrounding Agreement with Puget Sound Energy ...page 14 d. Grant Funding for Transportation Improvement Projects-Authorization to Submit an The Council may add items and take action on items not listed on the agenda. Application ...page 25 e. Citywide Flashing Yellow Arrow Retrofits Project— Bid Award ...page 28 f. Authorization to Accept King County Regional Wastewater Treatment Division Water Quality Improvement Grant Award and Enter into all Necessary Agreements ...page 33 g. Authorization to Apply for the 2017 King County Conservation Futures Fund Program page 35 h. Pete von Reichbauer Way S (20th Ave S) and S 316th Street Sidewalk Replacement Project— Contract Award as a Change Order to the PAEC Project ...pag e38 i. FARO (Total Station) and Automatic License Plate Reader (ALPR) Maintenance Agreement ...page 41 j. Regency Cleaners Amendment #1 for Police Uniform and Dry Cleaning ...page 43 k. 2nd Amendment for Parking Lot Vacuuming Services ...page 47 I. Use of Excess Replacement Reserves ...page 51 m. 2016 Parks& Recreation Commission Work Plan ...page 54 n. PSE Electrical Extension Agreement and New Service for Town Square Park ...page 56 o. FieldTurf USA Retainage Release ...page 57 6. COUNCIL BUSINESS a. Re-Appointment to North Lake Management District Committee ...page 58 7. ORDINANCES First Reading a. Council Bill #702/Lakehaven Utility District Franchise Agreement ...page 59 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 b. Council Bill#703/21 st Ave S (S 316th to S 320th St) Pedestrian Improvements— Condemnation Ordinance ...page 91 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTING RIGHT-OF-WAY IMPROVEMENTS IN THE VICINITY OF 21ST AVE SOUTH IS 316TH ST TO S 320TH ST), KNOWN AS THE 21ST AVE S (S 316TH ST TO S 320 ST) PEDESTRIAN IMPROVEMENTS PROJECT; DESCRIBING THE PUBLIC USE AND NECESSITY OF SUCH PROPERTY;DIRECTING STAFF TO EXHAUST REASONABLE NEGOTIATION EFFORTS TO PURCHASE SUCH PROPERTY; PROVIDING FOR THE CONDEMNATION OF THE PROPERTY; AND DIRECTING THE CITY ATTORNEY TO INITIATE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION IF ATTEMPTS TO PURCHASE ARE NOT SUCCESSFUL. The Council may add items and take action on items not listed on the agenda. Second Reading c. Council Bill#701 ORDINANCE: MAYER SEWER FRANCHISE ...page 104 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,GRANTING JOSEPH E.MAYER, PAMELA R. MAYER,AND NATALIE A. MAYER,A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA TO CONSTRUCT, MAINTAIN, REPAIR, OPERATE,AND REMOVE A PRIVATE SEWER LINE WITHIN AND THROUGH SPECIFIED RIGHTS-OF-WAY AND STREETS WITHIN THE CITY OF FEDERAL WAY. 8. COUNCIL REPORTS 9. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. COUNCIL MEETING DATE: February 16, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5a SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the February 2, 2016 Regular and Special City Council Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: Z Consent n City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk Attachments: Draft minutes from the February 2, 2016 Regular and Special City Council Meetings Options Considered: DEPT: Mayor's Office 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: CHIEF OF STAFF: N/A N/A CITY CLERK APPROVAL: Committee Council N/A N/A Committee Council Ini al COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 10/01/2014 RESOLUTION # CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall February 2, 2016 — 6:00 p.m. 1. CALL MEETING TO ORDER DRAFT Mayor Ferrell called the Special Meeting to order at 6:02 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall, and City Clerk Stephanie Courtney. 2. EXECUTIVE SESSION At 6:02 p.m. Mayor Ferrell announced the Council would be recessing into Executive Session for the purpose of discussing Collective Bargaining pursuant to RCW 42.30.140(4)(b) and Potential Litigation pursuant to RCW 42.30.110(1)(i). • Collective Bargaining Pursuant to RCW 42.30.140(4)(b) — No Action Taken • Potential Litigation Pursuant to RCW 42.30.110(1)(i) — No Action Taken 3. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 6: 30 p.m. Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 February 2, 2016 CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall February 2, 2016 — 7:00 p.m. 1. CALL MEETING TO ORDER DRAFT Mayor Ferrell called the Regular Meeting to order at 7:02 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Dick Mayer led the flag salute. 3. PRESENTATIONS a. Arts Commission End of the Year Report 2015 Arts Commissioners Mary Blacker and Gary Gillespie gave a brief presentation to Council highlighting the many groups supported by the Arts Commission in 2015 including: Centerstage; Federal Way Chorale; Harmony Kings; Jet Cities Chorus; Federal Way Symphony; Rosebud Theatre; Federal Way Youth Orchestra; and the Historical Society of Federal Way. Supported programs in 2015 include Blue Poppy Days, Summer Sounds, Arts Alive Gallery Presentations; Red, White, and Blues Festival; Holiday Tree Lighting Event; and the Mini -Mural Utility Box Program. Mayor and Council thanked the Commission for all their hard work. b. Community Volunteer Recognition of City of Light Church — Bo Du, Arts and Events Coordinator Bo Du, Parks Department Arts and Events Coordinator invited Volunteers from the City of Light Church to come forward in recognition of their ongoing volunteerism in the community. She noted this devoted group of individuals has helped at events including Hooked on Fishing; Kids Day; Tricks and Treats; and Jingle Bell Brunch. The Mayor and Council thanked them for their service. Federal Way City Council Regular Minutes Page 1 of 6 February 2, 2016 c. "Just Garden" — Seattle Tilth Program — Jeff Watson, Community Services Manager Community Services Manager Jeff Watson introduced the program "Just Garden" and Program Manager Derek Farmer to brief Council on this program. Mr. Farmer noted the program was founded in 1978 and has evolved into many helpful projects and programs to local communities. The program raises funds and provides volunteers, plant starts, seeds and guidance for families in the program to develop and grow produce. He encouraged citizens to apply by March 4th — the program will be building beds for approximately 20 families who are accepted into the "Just Garden" program. d. Proclamation: Toastmasters Week February 1st — 7th Deputy Mayor Burbidge read and presented the Proclamation to Don Everly Smith, President of Town Criers Toastmasters proclaiming February 1St -7th as Toastmasters Week in Federal Way. Mr. Smith thanked Deputy Mayor and the Council for the recognition and highlighted multiple representatives in the audience from Toastmasters Clubs. February 3rd King County Library on 1st Ave will have an annual meeting at 6:30pm. e. Diversity Commission Certificate of Appointments Councilmember Koppang read and presented certificates of appointment Diversity Commissioners William Yi, Trenise Rogers and Alternate Commissioner Randall Smith to the Diversity Commission f. Arts Commission Certificate of Appointments Councilmember Koppang read and presented certificate of appointment to Arts Commissioners Fran Tanner and Mary Tynan as voting members and Dana Fox and Iveta Felzenberg as Alternate Members of the Arts Commission. g. Human Services Certificate of Appointments Councilmember Koppang read and presented certificate of appointments to Jack Stanford, Ken Stark, Mary Schultz, Sinh Nguyen and Julie Hiller as voting members of the Human Services Commission. h. Mayor's Emerging Issues and Report • Dumas Bay Centre Revenue Report Parks Director John Hutton gave a brief introduction of his staff and spoke of the pride in the Dumas Bay facility and managers. He introduced Rob Ettinger who introduced his staff and noted they pride themselves on the retention rate of return groups and accommodating and attracting new reservations for the popular retreat site. He thanked the Council for the recent approval of upgrades needed at the facility. Mr. Ettinger noted they have updated the carpeting, air conditioning, installed new beds, updated fire alarm panel, and installed some gas fireplaces which will act as a heating source during the rare power outages. He also noted with the renegotiated Centerstage contract; additional rental space is now available in the theater which will also increase revenues. He was pleased to report in 2015 the revenues were up 18% for a total of three quarters of a million dollars. • Community Center Report Parks Director John Hutton also introduced Community Center Manager Doug Nelson and Facility Supervisor Kimberly Shelton who both do an outstanding job of managing the Federal Way Community Center. Mr. Nelson stated 2015 was a banner year for the Community Center with the highest annual revenue of $1.9 million dollars. He proudly noted the center had an estimated 385,000 guests visit to the facility in 2015. Community Center offers many programs and has taught over 1,000 kids to swim. The Community Center staff Federal Way City Council Regular Minutes Page 2 of 6 February 2, 2016 also support many annual special events including Red White and Blues which draws over 20,000 people to the city; summer camps and holiday related special events. Kimberly Shelton thanked the Mayor and Council, and stated they are working on a vision for the community center and are looking at underserved populations. She highlighted the Silver Sneakers program for seniors; which is a wonderful and growing program. The Mayor and Council thanked Mr. Nelson and Ms. Shelton for their reports and efforts made at the community center. • State of the City Address & Annual City Council Retreat Mayor highlighted the State of the City Address which will be held tomorrow, at the Twin Lakes Golf and Country Club at 11:30 a.m. This annual event is hosted by the Federal Way Chamber. He also reminded everyone the Annual City Council retreat will be held February 20th at Dumas Bay Centre; the agenda is in progress. Mayor Ferrell reported on attending the Hong Kong Market Grand Opening Celebration (and highlighted the picture on the monitors) He gave special thank you to Economic Development Director Tim Johnson. The event had over 100 -150 people attending; the new business is located in the southwest portion of 21st and 356th He further reported on the Sound Cities Association Board of Directors Retreat; he feels honored to be on the board which represents 37 cities. The Board talked about strategic goals and discussed an upcoming breakfast meeting with the Governor. Mayor Ferrell also participated in a South County Leadership group headed by Dow Constantine and representatives from Sound Transit recently held at City Hall. 4. CITIZEN COMMENT Leah Boehm Brady spoke regarding the Methanol Plant in Tacoma (left a packet of information with City Clerk for the Councilmembers) asking Council to investigate and take a position. She is concerned with air monitoring and air quality. Additional concerns with pollution, risk of explosion, prevailing winds and the health impacts of such toxins in our air. Mark Brady, is happy to see the art and quality of life in the city. He is concerned with the Tacoma Methanol plant, and is also concerned with the plane exhaust. He is concerned with what the effects will be in children. He also feels it will affect the Hylebos Stream. He reported as this plant is proposed it will be the world's largest —and the only one located in a populated area. Susan Tooey, expressed her concerns regarding the Methanol Plant proposed to go into in Tacoma. She noted the official comment period for the City of Tacoma, is fast approaching. Among her concerns is the incredible use of water for the facility and encourages the Council to research and take a stand. The Mayor and Council discussed gathering more information on this issue; and engaging State and Regional Legislators. City Attorney Amy Jo Pearsall noted the City of Tacoma is hosting two more Public Hearings at Open Houses: February 10th at the Tacoma Convention Center and begins at 6:30 p.m.; and February 16th at Meeker Middle School also at 6:30 p.m. Roger Flygare, presented Mr. Pettrich with a donation for the Federal Way Homeless Day Center. He feels it will be important and would like to see it up and going. Federal Way City Council Regular Minutes Page 3 of 6 February 2, 2016 Letter read into the record by the City Clerk from Nancy Combs. Ms. Combs is concerned with speeding and traffic in her neighborhood and construction at the public Adelaide Beach. 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: January 19, 2016 Regular and Special Meeting b. Monthly Financial Report — November 2015 c. Vouchers — November and December 2015 DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 6. COUNCIL BUSINESS a. Independent Salary Commissioner Confirmation DEPUTY MAYOR BURBIDGE MOVED TO CONFIRM THE MAYOR'S APPOINTMENT OF JAMES ENGLUND AND MICHAEL CHRISTNER TO THE INDEPENDENT SALARY COMMISSION AS VOTING MEMBERS WITH TERMS EXPIRING FEBRUARY 28, 2020; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 7. ORDINANCES First Reading a. Council Bill #701 ORDINANCE: MAYER SEWER FRANCHISE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING JOSEPH E. MAYER, PAMELA R. MAYER, AND NATALIE A. MAYER, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS -OF -WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA TO CONSTRUCT, MAINTAIN, REPAIR, OPERATE, AND REMOVE A PRIVATE SEWER LINE WITHIN AND THROUGH SPECIFIED RIGHTS -OF- WAYAND STREETS WITHIN THE CITY OF FEDERAL WAY. Street Systems Manager John Mulkey gave a brief presentation of the proposed franchise including background stating the franchise was requested in order to maintain an existing private sewer line in the City owned or controlled right -of -way. The franchise is for a period of 10 years and is consistent Federal Way City Council Regular Minutes Page 4 of 6 February 2, 2016 with franchises the city has granted to other utility providers. He noted the franchisee agrees to pay for administrative expenses for this process. In response to Council questions, Mr. Mulkey stated this is not an unusual request. City Clerk Stephanie Courtney read the Ordinance title into the record. COUNCILMEMBER DUCLOS MOVE TO FORWARD THE PROPOSED ORDINANCE TO THE FEBRUARY 16TH COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 8. COUNCIL REPORTS Councilmember Assefa- Dawson was pleased to see the report on the Community Center and that they will be performing the Community Analysis, she feels it is a huge move in the right direction to be more inclusive in the community with different cultures and populations. She reported on the One Night Count of Homelessness last Friday, and from initial reports looks like there is a 19% increase in Kirig County; 43% increase in South King County; and 150% in Federal Way for unsheltered adults. Councilmember Maloney talked about the staggering information from the One Night Count and information Dr. Campbell shared regarding homeless youth. She thanked staff for reporting on the success at both Dumas Bay and the Community Center and referenced spending time in Olympia and connecting with important issues relevant to our city. Councilmember Honda thanked those individuals who volunteered for the One Night Count, she feels it is such an important process, and continues to work towards more programs for homeless youth including transitional and emergency housing. She attended the Board of Health meeting last week and will be attending the DVI Regional Task Force Meeting in Tukwila next week. She noted the Historical Society has a fundraising event on February 13th event from 2-4 p.m. at the Hampton Inn. She will also be attending the Auburn Youth Resources 25th Annual Fundraiser at 6:30 a.m. in Auburn. Councilmember Koppang is pleased to serve a community who is vested and committed to being a part of the solution. He praised the many service organizations that are making a difference. He joined Dr. Tammy Campbell and the School Board where as a member of the Kiwanis they presented a check to the School District. He encouraged everyone to vote this coming week. Councilmember Moore thanked staff who do amazing work with thorough research and providing solutions to better our community. He recently toured Camp Kilworth; which is in jeopardy of being shut down. He was amazed how much that piece of land has been an asset to our community making a huge impact on young adults and scout members. He would also have the Council look at the zoning of that property. Mayor Ferrell noted a discussion on Camp Kilworth has been added to the Council Retreat. Councilmember Duclos reported on the Federal Way Senior Center and its new Director. She showcased the recent newsletter and feels the Senior Center should at some point come into the city. She reported the Multi- Service Center also participated in the One Night Count and noted she is not Federal Way City Council Regular Minutes Page 5 of 6 February 2, 2016 surprised with the increase in homelessness in South King County. She feels it is related to issues related to Seattle and King County. She recently visited Thomas Jefferson High School and observed students presenting projects they have been researching. Deputy Mayor Burbidge reported the Lodging Tax Advisory Committee Annual Retreat is scheduled for February 1 Oth at Dumas Bay Centre at 8 a.m. She encouraged Councilmembers to submit ideas and priorities regarding the retreat and is working on finalizing the agenda for February 20th. She was pleased to be able to participate in the One Night Count, and thanked those who volunteered and our Community Services Manager Jeff Watson. She was also not completely surprised at the significant increase. She agrees issues in Seattle and King County are effecting where people are locating. She thanked multiple service organizations and individuals who are working towards solutions in our community. She congratulated Will Appleton for his work over the many years as Deputy Public Works Director and PAEC Project Manager- he has accepted the Public Works Director at SeaTac. 9. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 8: 31 p.m. Attest: Stephanie D. Courtney, CMG City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 6 of 6 February 2, 2016 soo •-• tn e, to v, c 'ill el A 0 • • , % A tli — '' 'A CA t -- 4) t:; e**. 'io' P. n ,A `it 0 O A 0. - - 0 0r 114 '.44. 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(!5-s,' N UN O a 0 co co t% 3 .o m 3 3 N S m 1.'0' o 03ci O 0.0 •. a "O .00o CD 0 Q N co co a 0 CD a0 0• 0 r+ 3� 0 o- o o ¢ `$. a 0 O Date: 02/20/15 w 7 e CtI 4.1 eu o aa d > ^0 w00 O U eMn O r Federal Way„ WA 98003 Attn: John Mulkey PSE Project Manager: TBD a 0 ca E a) 3 a a L 3 y C a L Y C w 0 0 n. a w c ca. y v) 0 g'—'5. 6 0 � > g 0 y Cq ,d a. c d g U y a= n V c c FD O`0 O U o �, a 4 0 3 O 0 U 7 Cl.) Caf c o o , a a �' b G a9 N C- C 0L) rd .b -0o a, _b -E.0 1. cd 0 cC cn 1 p+ py Cd a col o E •� 0 r24 0 w a) H Cost Estimate Form 6/01 Puget Sound Energy, Inc. 6905 S. 228 St. Kent, WA 98032 COUNCIL MEETING DATE: February 16, 2016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5d SUBJECT: Grant Funding for Transportation Improvement Projects — Authorization to Submit Applications POLICY QUESTION: Should City Council authorize staff to submit grant applications for transportation improvement projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 1, 2016 CATEGORY: Consent ❑ Ordinance ❑ Resolution ❑ City Council Business ❑ Public Hearing ❑ Other STAFF REPORT BY: John Mulkey, P.E., Street Systems Manager > f' DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated February 1, 2016. Options Considered: 1. Authorize staff to submit grant funding applications under the 2016 PSRC - STP /CMAQ Regional and Countywide Competition funding cycle, and/or Transportation Improvement Board (TIB) Urban Arterial Program Funding. 2. Do not submit any grant funding application under the 2016 PSRC - STP /CMAQ Regional and Countywide Competition funding cycle, and/or Transportation Improvement Board (TIB) Urban Arterial Program Funding. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 16, 2016 City Council — �mmittee Consent Agenda for approv MAYOR APPROVAL: CHIEF OF STAFF: d COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the February 16, 2016 City Council consent agenda for approval. DIRECTOR APPROVAL: 'A% /(i / YGjij fir✓' Kelly, aloney, Chair r L dia Assefalawson, Member Mark Ko pang, Memb PROPOSED COUNCIL MOTION: "I move to authorize staff to submit grant funding applications under the 2016 PSRC - STP/CMAQ Regional and Countywide Competition funding cycle, and /or Transportation Improvement Board (TIB) Urban Arterial Program Funding." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 1, 2016 TO: City Council VIA: Jim Farrell, Mayor FROM: Marwan Salloum, P.E., Deputy Public Works Director John Mulkey, P.E., Street Systems Manager SUBJECT: Grant Funding for Transportation Improvement Projects — Authorization to Submit an Application BACKGROUND: This memorandum provides the Council with the current status of new grant funding programs for transportation improvement projects. Staff has evaluated all projects listed on the City's Six Year Transportation Improvements Plan (TIP) and concluded that the following projects will likely be competitive in the 2016 PSRC - STP /CMAQ Regional and Countywide Competition funding cycle, and/or Transportation Improvement Board (TIB) Urban Arterial Program Funding. Project (Funding Phase) Grant Estimated Project Cost Possible Grant Required City Fund Match Street Asphalt Overlay Program — S312th Street (Pacific Highway South. to 28th Ave S..) PSRC Countywide Preservation (Federal Funds) $900,000 $720,000 $180,000* Street Asphalt Overlay Program — 23'd Ave S (S312th Street to S319th Street) PSRC Countywide Preservation (Federal Funds) $650,000 $520,000 $130,000* 21st Ave South sidewalks improvements — S320th Street to S316th Street PSRC Countywide Non - Motorized Set -Aside Program (Federal Funds) $900,000 $770,000 $130,000 ** S356th Street Extension (Pacific Highway South to Enchanted Parkway) PSRC Countywide (Federal Funds) $5,000,000 $4,000,000 $1,000,000 * ** S356th Street Extension (Pacific Highway South to Enchanted Parkway) (Construction) (TIB) Urban Arterial Program Funding (State Funds) $5,000,000 $4,000,000 $1,000,000*** K: \LUTC\2016 \02 -01 -2016 Grant Funding for Transportation Projects.doc February 1, 2016 Land Use and Transportation Committee Grant Funding for Transportation Improvement Projects Page 2 PSRC Countywide (Federal Funds) $1,000,000 $860,000 $140,000 * * ** * The required City match for this grant will be provided from the 2017 asphalt overlay budget ** The required City match for this grant will be provided by transferring the required amount from the Annual Transportation Safety Improvements Fund to this project ** *The required City match for this grant will be provided by transferring the Project saving from S352nd Street Extension Project (The total amount available in this Fund is $1,000,000). * * ** The required City match for this grant will be provided from the 2017 transportation capital budget. COUNCIL MEETING DATE: February 16, 2016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Citywide Flashing Yellow Arrow Retrofits Project — Bid Award POLICY QUESTION: Should the Council award the Citywide Flashing Yellow Arrow Retrofits Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 1, 2016 CATEGORY: Consent ❑ City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Sarady Long, Senior Transportation Planning En ineef_ DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated February 1, 2016. Options Considered: 1. Award the Citywide Flashing Yellow Arrow Retrofits Project to Valley Electric Co., the lowest responsive, responsible bidder, in the amount of $443,950.00 and approve a 10% contingency of 44,395.00, for a total of $488,345.00, and authorize the Mayor to execute the contract. 2. Reject all bids for the Citywide Flashing Yellow Arrow Retrofits Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 16, 2016 City Council Consent Agenda for appr. al. MAYOR APPROVAL: CHIEF OF STAFF: } /J // DIRECTOR APPROVAL: Initial COMMITTEE RECOMMENDA approval. a4 -ham .LL Kell Malone , Chair ate CounqInitial/ eV ON: I move to' forward Option 1 to the February 16, 2016 consent agenda for dia Assef. awson, Member Mark K..pang, Mem PROPOSED COUNCIL MOTION: "I move to authorize staff to award the Citywide Flashing Yellow Arrow Retrofits Projects to Valley Electric Co., the lowest responsive, responsible bidder, in the amount of $443,950.00 and approve a 10% contingency of 44, 395.00, for a total of $488,345.00, and authorize the Mayor to execute the contract." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 1, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, Public Works Director Sarady Long, Senior Transportation Planning Engineer .-- SUBJECT: Citywide Flashing Yellow Arrow Retrofits Project — Bid Award BACKGROUND Five bids were received and opened on January 12, 2016 for the Citywide Flashing Yellow Arrow Retrofits Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Valley Electric Co. of Mount Vernon, the lowest responsive, responsible bidder, in the amount of $443,950.00. PROJECT ESTIMATED EXPENDITURES: Design $160,000 Right -Of -Way Acquisition N/A Low Bid $443,950. 10% Construction Contingency $44,395 Project Management (In house) $89,000 TOTAL PROJECT COSTS $737,345 PROJECT AVAILABLE FUNDING: City Safety Program Grant Funding (Federal) $913,600 City Funding $ 16,500 TOTAL AVAILABLE BUDGET $930,100 PROJECT FUNDING BALANCE $ 192,755 0 0 W 0 K a Co N. 0 0. I- w 0. 0 cc 0. 0 -J J W } 0 Z_ 2 J 9 W .- O Z 0 K J 4 0 I- W U CC H z 0 O 0 o 00 h `o 0 00 O o r U) ^ f.9 00 a 0 dO l 00 U N 6,7, 00 r c- ^ N 0 C CO r 69 0 r N CO o CO CO CO V) CO (/) CO CO Q LU W LU W W LU W W LU LU rrrrrrrr>rZ 00 o O w 00 F !9 0 .= 0co O v u) 00 of ,- o a0o v) 0 o CO v f9 00 of ^O 69 0 of N m f9 J 4 0 0 W () d I. z m O 0 0 O 0 O 0 a O O cO s9 0 O 0) v c0 N CC L0 0 c) o N. N Vf . O 0 co U) v C d) 0. 0 •Y co CO (A f9 O 0 r. U) N O 0 0 tD CO N C 0 0 I 0) co O 19 0 0 .- co O . 9 0 0 Co co U) c0 t9 CO U) U) u) C/) CO CO U) CO CO a LL) W t!! 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F Z M O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 O O Q06.6°6666 o o O o o o O o O O O O O O O O O O O O CO . 0 0 0 0 O O O O O O O O O O d O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u) 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 O N (O N 00 O o (0 CO 0) m u) r co c0 V' 05 6 co U) u) 0) O 6 O V3 w di is 6 69 (A 09 ur 6 69 6 43 69 43 4) 49 EA i9 69 69 �` (9 69 69 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -0 0 0 o 0 0 0 0 0 0 0 0 0 -0 0 0 0 0 0 0 0 0 d o o 0 0 0 0 o d d o 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o 0) o o 0 0 0 O o 0 0 o 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 00 ti c0 0 CO (O O CO W 0 CO u) !- 0 CO V CO M 0) u1 u) 0) 0 0 0 09. 43 49 69 V C) N N '- 43 .- 43 .- (0 43 69 69 69 49 69 43 69 69 (9 43 69 43 di 69 (9 43 69 69 O co Ni 01 u) W V) 0 0 0 V) 0 0 (.1) 0 t0 4 >rU ill W>rz ,. Bid #3 West Coast Signal Inc. Renton, WA J 0 r W 0 Ce 0' F Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000000000000000000 O O O O O (O d u) d 0 0 0 u) O u) u) d 0 u) u) O O N O u) O u) 0 0 0 N 0 u) CO CO 0 N. r V) (0 (0 49 N r 0 N. n 0) 0 N 0 u) N V O O O t0 ,- N'- t`7 (0 O O (0 O u) V O N n N N c0 O C) O to O Y N N n u) A cc O.- m 43 43 di H 69 69 9 43 N 6 fe 43 43 69 6 9 9 6 49 43 69 (9 49 (9 49 43 43 (9 (9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000000000000000000 0 0 0 0 0 u) O u) 0 0 0 0 u) O u) u) O O u) u) o o u) O u) O u) O O O N 0 u) 00 00 O n N C) CO V (0 C) N N. O N. N. 0) O N o (!) u) o O1 O CO .- N .- CO CO 0 0 u) o (0 V' (O (V N N c0 O C o 6 D • N N N. N N. co- O .- co- .- 6 43 43 E9 N n C) N a- N N N 43 u) 43 43 49 69 43 43 43 43 43 43 69 43 (9 69 43 43 43 (9 43 4) L$477,715.00 0000000000 w w w w w w 0000 Q X'-- K Z a a Qa O 1— E IContractor Total 1 Bid Form Addendum acknowledgement Bid Schedule Bid Signature Bid Bond Subcontractor List Combined Affidavit Contractor Compliance Statement DBE Utilization Certificate DBE Written Confirmation DBE Good Faith Effort Documentation EST LS LS LS LS LS LL LS LS LS LS LS J J J J LS LS LS LS I LS LS LS LS Bid of Project Vendor Name —> Location —> ITEM IDE FLASHING YELLOW ARROW RETROFITS PROJECT CHANGE CONSTRUCTION SURVEYING AS -BUILT SURVEY AND RECORD DRAWINGS _ PLAN MOBILIZATION PROJECT TEMPORARY TRAFFIC CONTROL UNIFORMED POLICE OFFICER TRAFFIC SIGNAL SYSTEM MODIFICATIONS (11TH PIS AT S 324TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (20TH AVE SAT S 336TH STREET)COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (SW CAMPUS DRIVE AT WINCO DRIVEWAY), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (32ND AVE SAT S 320TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (20TH AVE SAT S 316TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (21ST AVE SW AT SW 344TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (18TH AVE S AT S 288TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (23RD AVE SAT S 317TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (20TH AVE SAT S 314TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (26TH AVE SWAT SW 320TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (16TH AVE S AT SR 509), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (23RD AVE SAT S 322ND STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (23RD AVE SAT S 314TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (21ST AVE SW AT SW 325TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (21ST AVE SW AT SW 334TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (9TH AVE S AT S 348TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (16TH AVE SAT S 344TH STREET), COMPLETE OVERHEAD LANE USAGE SIGNS (SR 161 AT SR 18), COMPLETE TOTAL SCHEDULE (bid items include sales tax) 0 2 W F 11 N u)h O O O 0) O 0 0 .- 0 ab 0 ES 0 ab 0 ab 0 tb 0 ab 0 c6 0 cb 0 tb 0 rd 0 rb 0 ab 0 ab 0 ab 0 ab 0 w 0 cb 0 ab .- N c0 •0' (0 c0 r 00 0) O� �.- .- v. 1- N N CO 0) O N N N N N c .7 N er N N u) CITYWIDE FLASHING YELLOW ARROW RETROFITS PROJECT RFB No. 15 -014 BID OPENING DATE JANYUARY 12, 2016 Federal Way Engineers Estimate Q F• O F. la U 2 a F- Z 7 0 0 0 O N 49 8 8 O N H $5,000.00 I 0 0 0 O H 1 00'000'09$ 0 0 0 O 0 N 100'OOOb£3 $28,250.00 $30,215.00 I 0 0 c CO H $26,135.00 $30,885.00 $12,000.00 0 0 o N 4- p 0 0 1d W 0 H $17,425.00 I $25,745.00 0 0 0 0 CO /9 0 0 ui CO W N 0 0 0 O W H 0 0 0 INN N N 0 0 1ri 4 co $16,040.00 $7,075.00 I $73,000.00 °o 0 cT ui cO w 8888 O N N O N H O 111 vs $ 1,000.00I 8 O O 10 N I00'000'OTT $ 8 O O M N I00'OSZ'8Z $ I00'STZ'0E $ $ 18,590.00 888888 LA .�-1 10 (4 N LA co co O f/1 N O N r1 N N eti N N PI fff N H $ 17,425.00I 8888888go N§ 111 N h 00 r1 N CO fT N N 0 CO N H N N N an eai o) an 0 10 ) 1 v/ O N tin O f+) N v) Bid #5 Northeast Electric, LLC Woodland, WA J Q F- O F- W 0 2 a z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O N U) U) 0 0 0 N 1` N fh N N O O fp co 1n !n f!9 69 0 69 N fa 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 O O O O O O O O O U) U) N O O 0 N n N f9 N N 0 O N sA U9 f9 f9 1` 0 M N f9 69 fR fA 0 0 0 0 0 0 O O O O O O N O N N V N 49 Nf3 0 0 0 0 0 0 0 0 0 O 0 O N O N N V N N N 69 U9 f9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O o O O o O o O O O O O O O O O O O O O O O O U) 0 U) 0 U) 0 0 U) 0 0 (0 N N 0 N O at V O N fP M N 0 f7 c9 0 69 69 69 69 69 N» 699 N N 69 699 699 69 69 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O o O O 0 O N O U) 0 U1 0 0 N 0 0 N N N 0 N O V O N fA N N fn co- V P) O N N N N N al f9 69 fa fA 69 fA 69 fR 69 69 in 09 in 69 Contractor Total Bid Form YES Addendum acknowledgement YES Bid Schedule YES Bid Signature YES Bid Bond YES Subcontractor List YES Combined Affidavit YES Contractor Compliance Statement YES DBE Utilization Certificate YES DBE Written Confirmation YES DBE Good Faith Effort Documentation N/A xF- z~ CL a 7 as F- 2 7 TOTAL SCHEDULE (bid items include sales tax) EST J LS J LS co LL LS LS LS CO J LS LS LS J LS I J LS LS J I LS LS LS Bid of Project Vendor Name - - -> Location - - - - -> 2 W F- O Z W F- CITYWIDE FLASHING YELLOW ARROW RETROFITS PROJECT MINOR CHANGE CONSTRUCTION SURVEYING AS -BUILT SURVEY AND RECORD DRAWINGS SPCC PLAN MOBILIZATION PROJECT TEMPORARY TRAFFIC CONTROL OFF -DUTY UNIFORMED POLICE OFFICER TRAFFIC SIGNAL SYSTEM MODIFICATIONS (11TH PI S AT S 324TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (20TH AVE SAT S 336TH STREET)COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (SW CAMPUS DRIVE AT WINCO DRIVEWAY), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (32ND AVE S AT S 320TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (20TH AVE SAT S 316TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (21ST AVE SWAT SW 344TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (18TH AVE S AT S 288TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (23RD AVE SAT S 317TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (20TH AVE SAT S 314TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (26TH AVE SWAT SW 320TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (16TH AVE SAT SR 509), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (23RD AVE SAT S 322ND STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (23RD AVE SAT S 314TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (21ST AVE SWAT SW 325TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (21ST AVE SWAT SW 334TH STREET), COMPLETE TRAFFIC SIGNAL SYSTEM MODIFICATIONS (9TH AVE SAT S 348TH STREET), COMPLETE OVERHEAD LANE USAGE SIGNS (SR 161 AT SR 18), COMPLETE y Y N 4 N 0 N 0 0) 0 0 r 0 0 fa 0 ''' 0 0 0 6 0 ) 0 6 0 1 0 N 0 N 0 f� 0 f9 0 N 0 fb 0 fA 0 fO 0 fp 0 m N M V U) CD n CO 0 0) 4 N C) Y N CO N CO 0) O N N N N e9 N V N U) N COUNCIL MEETING DATE: February 16, 2016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5f SUBJECT: Authorize Staff to Accept the King County Regional Wastewater Treatment Division Water Quality Improvement Grant Award and Enter Into all Necessary Agreements. POLICY QUESTION: Should City Council authorize SWM staff to accept the King County Regional Wastewater Treatment Division Water Quality Improvement Grant? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 1, 2016 CATEGORY: Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Theresa Thurlow, P.E., Surface Water Manager DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated February 1, 2016. Options Considered: 1. Authorize SWM staff to accept the King County Regional Wastewater Treatment Division Water Quality Improvement Grant award. 2. Do not authorize SWM staff to accept the King County Regional Wastewater Treatment Division Water Quality Improvement Grant award. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 16, 2016 Council Consent Agenda for appro;.1. MAYOR APPROVAL: CHIEF OF STAFF: DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMEND TION: "I move to forward option 1 to the February 16, 2016 consent agenda for approval." JLLIL/ LtO7&L Kelly Maloney, Chair L dia Asse Dawson, Member Mark Ko pang, Memb r PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with acceptance of the King County Regional Wastewater Treatment Division Water Quality Improvement Grant award. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 1, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, Public Works Direct Theresa Thurlow, Public Works Surface Water Manager —> SUBJECT: King County Regional Wastewater Treatment Division Water Quality Improvement Grant BACKGROUND: In December 2015, Surface Water Management became aware that the City of Federal Way was eligible to apply for the King County Regional Wastewater Treatment Division (WTD) Water Quality Improvement Grant. This grant is intended to assist in the improvement of water quality within the Green/Duwamish watershed. Given the very tight application deadline, staff was directed to apply and bring forward the grant to Council if the application was successful. A grant request was submitted to provide for: the addition of three schools within the Duwamish watershed to the Storming the Sound with Salmon program, the design of curriculum and interactive LID elements at the LID demonstration sites within the Town Square Park as well as the development and production of a LID demonstration project virtual tour for regional use. Public Works Surface Water Management staff has received notification that a grant award in the amount of $104,500.00 will be issued to City of Federal Way through an MOU with WTD. cc: Project File Day File COUNCIL MEETING DATE: February 16, 2016 ITEM #: 5 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Authorization to Apply for the 2017 King County Conservation Futures Fund Program POLICY QUESTION: Should City Council authorize SWM staff to apply for the 2017 King County Conservation Futures Fund program? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 1, 2016 CATEGORY: ® Consent Ordinance ❑ City Council Business ❑ Resolution ❑ Public Hearing Other STAFF REPORT BY: Theresa Thurlow, P.E., Surface Water Manager DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated February 1, 2016 Options Considered: 1. Authorize SWM staff to apply for the 2017 King County Conservation Futures Fund program. 2. Do not authorize SWM staff to apply for the 2017 King County Conservation Futures Fund program and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the February 16, 2016 Council Consent Agenda for appr. .1. MAYOR APPROVAL: CHIEF OF STAFF: mmitt Initia P •te mittee itial/Date C. • cil In ial /Date L!. Cou In /Date DIRECTOR APPROVAL: G fr nitia 11 ate COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 16, 2016 consent agenda for approval. • Ke i Maloney, Chair 4 L, dia Asse . - Dawson, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the application for the 2017 King County Conservation Futures Fund program." Mark o ng, Member (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED- I/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 13, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, P.E., Public Works Director/" Theresa Thurlow, P.E., Public Works Surface Water Manager SUBJECT: Authorization to apply for the 2017 King County Conservation Futures Fund BACKGROUND: Conservation Futures tax levy (CFT) funds are available annually to the City of Federal Way for assistance in the purchase of public open space lands. The attached map shows the properties previously identified within the West Hylebos riparian corridor that have high conservation value for restoration and protection of habitat and wildlife within the City of Federal Way. Recently, several of these properties (Snyder and Castellar) have been put up for sale and the City has been approached by the owners to assess interest and valuation. The acquisition of the target properties identified in the attached map is an ongoing SWM capital project ( #271 West Hylebos Conservation Property Acquisition) that has $280,000 in funds available. Staff is requesting authorization to apply for $150,000 of Conservation Futures Funding for the purpose of acquiring one or more of the identified properties. Additionally, a portion of these funds could also be used to off -set the purchase costs associated with the Larson property which was acquired by the City for conservation purposes in January of 2015. A dollar- for - dollar match is required and would be accounted for within the SWM CIP budget identified above. Applications are due March 9, 2016. cc: Project File Day File MapDate, January 2015 City of 2015 West Hylebos City of Federal Way 33325 8th Ave S Federal Way Property Aquisitions Federal Way, WA. 98003 (P) (253)-835 -7000 (W) www.cityoffederalway.com ` _. J(� �Q4 1- 9. 928470 0090 926480 Co- v9 ..--.)7: tqT U3 in - !202104 9126 to 0050 - > N wZ! W > z -4. 044/ N r '-- � � 1Vr i SW 347 ST - - s �.ST .... rq. ' 901470 '1 3Q'{ - ♦ S 347 PL J4 0110 . ..341' - -SR ft SW 04C 348 ST G CT 20x1049083, 702104 9067 202104 9034 � - N SW 350 . a. - FTi 114 .., Pt. it 132174 0910 202104 9183 S (/) 202104 9015 202104 9064. 202104 9131 •4159200704 > — J S3,p7 T 1r wre Q x021069018 3T S 351 ST - '4A� r 352 ST 11a� , - __ _ - - - - -. Z 9 352 ST ''. o ;71 202104 9154 292104 9013 if 'G 9t N - 2921049008 39x100 9151 \� 066231 0960 Q SW 353 292104 SW 353 ST P ST 9031 2921049156 292104 9158 Z W 302106 SW 2921049008 2921049010 29x1049159 9132 V 9011 3A > PL5 j 292104 9043 210 302104 9177 v 29009 292104 9114 -Ss� C 356 ST 290416 2921049090 V S.� .i 1Ja J S 356 ST 24 N > S 357.ST to. 292104101250 rp '')_.r Q > > Q Q N 0 ST 114001 2921049165 5 1140000310 292104 9020 BarOVic Donald 35935 Pacific Hwy S 1.81 acres 29x1049075 N 2 Q 292104 9006 io 292104 9098 \ \\�tV `- 359 9 Pashto 114001 0180 cr swy s �.� 9.38 acres - � zs21oa 9152 - S 359 ST 92 loss 104 292104 8087 - Snyder Corrine D: Roy G \ > :- .h �. ) -Nosa Addr s' 292104 9080 r x.,1 is ' acres 302104 9013 L c N 292104 9167 302104 9029 I 2921049027 7 _i 01 2921049021 Cadaram Susan 4 -,'? 1 °7 a -?•C " 36501 11th PI 5 ,. 292104 9131 SW 363 PL 302104 '- 5.11 acres 9030 S 363 PL 0090 0400 C."... . ■ S 364 hi e m (n m . r �, > 292104 91`0. a - 2921049113 § 8 ' N si a a cowers William \ •\� > - Q SW 366 ST N 29x9989023 `�\\ DJ- wj ,\e, 2921049044 Os(rcm D0u91as 36606 Pacific Hwy S 152 acres N �. .. ) 'NO Site Address' N, \\\ 1.97 acres ;; \ r .. 09 ' -I __.- i , S W 368 ST 2� 3 (n 1/) rn rn rn N- 4 �1 322104 9093 Castellar Jose V. B _ \,\ 'No Site Address' \ \ \\ \ \ \�' - 1.19 acres �\, \ 2921069118 2921049103 (/40 28113 �4/ 321104 \ " (} 8141 L { jt b N Q G a' Q -- A \\ N t•.) N. N 322104 9013 Castellar Jose V- Evelyn B 399 Site Address' 3.41 acres ./h, " =r 322104 3221049102 Carlson Joyce SW 9084 6.52 acres 0' 32210/ 9141. > • y 322104 9141 N �� S 3Fi 9 s T �� S" ',o 32x1049112 Ai4 721265 M Larson Anna M 1x50 S 368188Th AveS 7212661090 S•j7 r7 370 2.0 Acres ,. 7.1 371 1 3821049049 SW 372 ST 0 - - -- 322104 9014 75372 -ST N QQ 3231 01 9055 S 373 ST Q�' X1' \• 2198203715 3221049110 5 co _i '•\ SW 374 ST - - S3 O .y 21882060116 "S 471 p ,o= _... --'' 5 S 376 ST a - ° °_- °_-- _- ,_- °_,,._-- -.5.375S.I_ 3 ` \ i i- i i ? �\\\ ; _ i 7+� co i .g i - \ 4- S 38 ST - 3T2904'9134� Z" z (JOHNSON :RD NE) �\ / ~� o 1 cS O. m ;Pte 10 - o) 1 �� c / Ce d i� _(1 0 4 21 31 41 30 /` Legend Property Aquisitions Fee Simple Aguisition City of Federal Way Properties Cary of Federal Way Other Federal Way Agency Properties Federal Way School District Lakehaven Utility District s S Sound Transit South King County Fire and Rescue Tracts/Private Open Space King County Properties : King County - Other King County - Park and Ride Other King County District Properties King County - Housing Authority King County - Library System State of Washington Properties State of Washington Properties United States Govemment Properties — United States Government ai 00 (� o (/) 1 inch = 850 feet cir♦ OF 0 425 850 This map is intended for use as a graphical representation only. ` Feder¢ i Way The City of Federal Way makes no warranty as to its accuracy. 1i Feet N COUNCIL MEETING DATE: February 16, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5h SUBJECT: Pete von Reichbauer Way S (20th Ave) and S 316th Street Sidewalk Replacement Project — Contract award as a Change Order to the PAEC Project POLICY QUESTION: Should the Council award the Pete von Reichbauer Way S (20th Ave) and S 316th Street Sidewalk Replacement Project as a Contract award Change Order to the PAEC Project COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 1, 2016 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution A ❑ Other STAFF REPORT BY: William Appleton, P.E. Deputy Public Work Direct o DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated February 1, 2016. Options Considered: 1. Authorize staff to add the Pete von Reichbauer Way S (20th Ave) and S 316th Street Sidewalk Replacement Project as a change order to the PAEC Project constructed by Garco Construction Inc. in the amount of $398,650.00 and approve a 10% contingency of $39,865.00, for a total of $438,515.00, and authorize the Mayor to execute the change order. 1. 2. Do not authorize staff to add the Pete von Reichbauer Way S (20th Ave. S.) and S 316th Street Sidewalk Replacement Project as a change order to the PAEC Project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 16, 2016 City Council Consent Agenda for app MAYOR APPROVAL: DIRECTOR APPROVAL: CHIEF OF STAFF: jlt-i V% C. e Council itial/Date Initial /Dat COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 16, 2016 consent agenda for approval. ie,a, _ r w Kelly Maloney, Chair L is Assef awson, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to add the Pete von Reichbauer Way S (20th Ave) and S 316th Street Sidewalk Replacement Project as a change order to the PAEC Project constructed by Garco Construction Inc. in the amount of $398,650.00 and approve a 10% contingency of $39,865.00, for a total of $438,515.00, and authorize the Mayor to execute the change. " Mark Koppang, Memb (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 1, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director William Appleton, P.E., Deputy Public Work Director/PAEC Director SUBJECT: Pete von Reichbauer Way S (20th Ave S.) and S 316th Street Sidewal eplacement Project — Contract award as a Change Order to the PAEC Project BACKGROUND: This Project will install new sidewalk on the east side of Pete von Reichbauer Way and along the south side of S316th Street adjacent to Town Square Park site. This improvement will bring the sidewalks in this area up to planned City standards. Improvements will include new 12 -foot sidewalks with street trees and decorative lighting. The contractor for the Performing Arts and Event Center (PAEC), Garco Construction, Inc., has submitted a quote to complete this project as an added schedule to the PAEC project. In addition to a favorable price to perform the work, utilization of Garco to complete this work offers several advantages to the City of Federal Way that are not easily achievable thru the bidding process, which include: o Minimization of impacts to the traveling public — As part of the PAEC construction, Garco will be rebuilding the frontage improvements on the north side of S 316th Street fronting the PAEC parcel. These improvements are scheduled to be built during the same time that the frontage improvements along the Town Square Park must be constructed. Combining this work with the south side of S 316th street will minimize impacts to the traveling public by allowing all the work to be completed as one project. o Minimization of Contractor Conflict — Between the PAEC and the Town Square Park projects, this area is and will continue to be busy with construction activity. Eliminating the possibility of having two contractors working independently on opposite sides of the street is highly recommended to avoid conflicts, delays and impacts to the public. o Construction Team In Place — Garco Construction, Inc. has proven to be dependable and capable thus far and has the team and equipment in place to execute this work in a timely and efficient manner, helping to ensure that frontage improvements are complete well ahead of the Town Square Park scheduled opening. Below is a summary of the Project Costs based on the quote provided by Garco, Inc. Pete von Reichbauer Way S (20th Ave S.) and S 316th Street Sidewalk Replacement Project February 1, 2016 Page2of2 ESTIMATED PROJECT EXPENDITURES: Design (In -house Design) N/A Right -Of -Way Acquisition N/A Structural Engineer $15,000 Garco Construction Inc. Cost Est. $398,650 10% Construction Contingency $39,865 King County Services (Electrical Inspection) $5,000 TOTAL PROJECT COSTS $458,515 PROJECT AVAILABLE FUNDING: Misc. Transfer ( 2015 Budget) Transportation Safety Program $394,512 TOTAL AVAILABLE BUDGET $394,512 PROJECT SHORT FALL: $64,000 Staff recommends authorizing the addition of this Project Pete von Reichbauer Way S (20th Ave. S.) and S 316th Street Sidewalk Replacement Project to the PAEC project as a Chang Order to be constructed by Garco Construction, Inc., and authorize the transfer of $64,000 from unallocated CIP Fund to the Pete von Reichbauer Way S (20th Ave. S.) and S 316th Street Sidewalk Replacement Project (Project #198) and authorize the Mayor to execute the contract. K: \LUTC\2016 \02 -01 -16 20th Ave S. and 5316th Sidewalks replacement - Contract Award.doc COUNCIL MEETING DATE: February 16, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: FARO (TOTAL STATION) AND AUTOMATIC LICENSE PLATE READER (ALPR) MAINTENANCE AGREEMENTS. POLICY QUESTION: Should the Federal Way Police Department be approved to purchase new hardware and software maintenance agreements for the FARO (Total Station) Mapping System and the Automatic License Plate Reader (ALPR) systems. The cost of both software and hardware agreements is $19,268. The proposed funding source for this purchase is the Traffic Safety Fund. COMMITTEE: MEETING DATE: Feb. 9, 2016 CATEGORY: Consent ❑ City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Deputy Chief Steve Neal . . . . . . Attachments: 1. PRHS &PS Memo DEPT: Police Department Options Considered: 1. Authorize the Federal Way Police Department to purchase maintenance agreements for the software and hardware associated with the FARO Total Station and Automatic License Plate Reader (ALPR) systems. 2. Deny the purchase of maintenance agreements. MAYOR'S RECOMMENDATION: 1 MAYOR APPROVAL: CHIEF OF STAFF: DIRECTOR APPROVAL: 6 Initial Com ' ee Council COMMITTEE RECOMMENDATION: "I move to forward the request for Traffic Safety Funds to be used for maintenance agreements for FARO Total Station and The Automatic License Plate Reader Systems, to the February 16, 2016 Council consent agenda for s .p . v' . " it I/ Actu;,, oS40 o ittee Chair— Committee tuber Committee ember PROPOSED COUNCIL MOTION: "I move to approve the use of Traffic Safety Funds for maintenance agreements for FARO Total Station and The Automatic License Plate Reader Systems, and authorize the Chief of Police to sign said agreements." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: February 9, 2016 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Maintenance Agreements for Software /Hardware of the FARO (Total Station) and Automatic License Plate Reader (ALPR). The Police Department purchased the FARO Mapping System in 2013 to replace outdated Total Station equipment. We also have three marked patrol cars equipped with the Automatic License Plate Reader (ALPR) technology. The FARO system is a crucial component of our ability to process critical incident scenes to include but not limited to: • Homicides • Shooting scenes • Major injury accidents Our ALPR technology has proven to be a highly effective tool in our efforts to: • Reduce auto theft • Enhance our ability to recover and return stolen vehicles for our citizens. These maintenance agreements need to be purchased in order to protect our investment and are critical to supplement costs in case of damage, yearly recalibration and maintenance. FARO (three year) agreement cost: $1 4,012. ALPR (annual) agreement cost: $5,256. The total cost for both agreements would is: $19,268. Both of these systems are directly related to traffic safety. The recommended funding source for this purchase is the Traffic Safety Fund. 1 COUNCIL MEETING DATE: February 16, 2016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5 • SUBJECT: REGENCY CLEANERS AMENDMENT #1 GOODS AND SERVICES FOR POLICE UNIFORM AND DRY CLEANING POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department extend the original 2014 Regency Cleaners Agreement to December 31, 2016 with Amendment #1? COMMITTEE: Parks, Recreations, Human Services and Public Safety MEETING DATE: Feb. 9, 2016 Council Committee — (PRHS &PSC) CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other , STAFF REPORT BY: Diane C. Shines, Records Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attachments: DEPT: Police 1. PRHS &PSC Staff Memo 2. Amendment #1 Goods and Services for Police Uniform and Dry Cleaning Options Considered: 1. Approve Amendment #1 2. Do not approve. MAYOR'S RECOMMENDATION: 1 MAYOR APPROVAL: Co mittee Initial/Date CHIEF OF STAFF: & J Count Initial/Date C DIRECTOR APPROVAL: ate Initi ate Initial COMMITTEE RECOMMENDATION: I move to forward Amendment #1 to Regency Cleaners Good and Services Agreement for Police Uniform and Dry Cleaning to the tr**14444y 16, 2016 Council consent agenda for approval. All,/ Com ee Chair Committee ember 0,44.4L, Committ ember PROPOSED COUNCIL MOTION: "I move approval of Amendment #1 to extend the Regency Cleaners Good and Services Agreement for Police Uniform and Dry Cleaning to December 31, 2016, and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: February 9, 2016 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Regency Cleaners Amendment #1 to the Goods and Services Agreement for Police Uniform and Dry Cleaning. The Federal Way Police Department (FWPD) entered into a Goods and Services Agreement with Regency Cleaners Enterprises for Police Uniform and Dry Cleaning on February 6, 2014. We are requesting an extension to that agreement. We are changing the term of the agreement only. Amendment #1 extends the term of the agreement through December 31, 2016. 1 CITY ©F Federal ay CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 ivww utyoffederaiway cwn AMENDMENT NO. 1 TO GOODS AND SERVICES AGREEMENT FOR POLICE UNIFORM AND DRY CLEANING This Amendment ( "Amendment No. 1 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Regency Cleaners Enterprises, a Washington Company ("Contractor"). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Dry Cleaning Services ( "Agreement ") dated February 6, 2014, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2016 ( "Amended Term "). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT 1 - 1/2015 C,ItY dF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www city offederalwaycom IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: Jim Ferrell, Mayor DATE: REGENCY CLEANERS ENTERPRISES By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ) City Clerk, Stephanie Courtney, CMC APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT 2 1/2015 COUNCIL MEETING DATE: February 16, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5k SUBJECT: SECOND AMENDMENT FOR PARKING LOT VACUUMING SERVICES POLICY QUESTION: Should the Council authorize a Second amendment to a maintenance agreement with McDonough & Sons, Inc.? COMMITTEE: PRHSPS MEETING DATE: Feb 9, 2016 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen Parks & Facilities Mana er DEPT: Parks History: This service provides cleaning, sweeping and striping of various surface parking lots, entrances and plaza areas of the City's Public Parking Facilities. By mutual agreement we seek authorization to extend their term for an additional year through December 31, 2017, and increase their compensation by $20,956.28, for a grand total contract value of $61,870.92. Attachments: Maintenance Agreement Amendment No. 2 Options Considered: 1. Authorize a second amendment to the McDonough & Sons, Inc. Agreement by extending their term through December 31, 2017 and increase their compensation by $20,956.28 for a grand total contract value of $61,870.92. 2. Do not authorize a second amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: CHIEF OF STAFF: r/ Counci Initial/Date DIRECTOR APPROVAL: COMMITTEE RECOMMEND agenda for approval. Coun Initia ION: I move to forward the proposed Agreement to the February, 16, 2016 consent Co " ittee Chair Committee Member ` Committ ember PROPOSED COUNCIL MOTION: "I move approval of authorizing a Second Amendment to the McDonough & Sons Inc. Agreement by extending their term through December 31, 2017, with an increase of $20,956.28 for a total compensation of $61,870.92, and authorize the Mayor to sign said agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # �Fecferal Way AMENDMENT NO. 2 TO MAINTENANCE AGREEMENT FOR PARKING LOT CLEANING CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 wwwctyoffederalway. com This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and McDonough & Sons, Inc., a Washington corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Parking Lot Cleaning ( "Agreement ") dated effective February 14, 2013, as amended by Amendment No. 1 as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2017 ( "Amended Term "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit "B -2 ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT 1 1/2010 arr os Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835 -7000 www. cityoffederaMmy. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: Jim Ferrell, Mayor DATE: MCDONOUGH & SONS, INC. By: Printed Name: Title: DATE: City Clerk, Stephanie Courtney, CMC APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT 2 1/2010 CITY OF Federal Way EXHIBIT B -2 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 wwwcityoffederalway com 1. Total Compensation: In return for the Services during the amended term, the City shall pay the Contractor an additional amount not to exceed Nineteen Thousand One Hundred Thirty-Eight and 15 /100 Dollars ($19,138.15), and Washington State sales tax equal to One Thousand Eight Hundred Eighteen and 13/100 Dollars ($1,818.13) for a total of Twenty Thousand Nine Hundred Fifty -Six and 28/100 Dollars ($20,956.28). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Sixty -One Thousand Eight Hundred Seventy and 92/100 Dollars ($61,870.92). AMENDMENT 3 1/2010 COUNCIL MEETING DATE: February 16, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 51 SUBJECT: Use of Excess Replacement Reserve Money To Address Equipment Issues, Resovlve Shortages And Allow Purchase And Repair Of Equipment POLICY QUESTION: Should Council approve staff to use excess replacement reserve money to resolve shortages and allow for the purchase and repair of equipment? COMMITTEE: PRHSPSC MEETING DATE: Feb 9, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen, Parks & Facilities Manager ATTACHMENT: Replacement Reserve Memo OPTIONS: DEPT: Parks 1. Allow the use of excess reserves to address equipment issues, resolve shortages and allow for the purchase and repair of equipment. 2. Do not allow the use of excess reserves to address equipment issues, resolve shortages and allow for the purchase and repair of equipment and provide staff direction. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: CHIEF OF STAFF: Initial/Date DIRECTOR APPROVAL: o il Initial/Date COMMITTEE RECOMMENDATION: I move to forward allowing the use of excess reserves to address equipment issues, resolve shortages and allow for the purchase and repair of equipment to the February 16, 2016 consent agenda for approval. Com lttee Chair Committee Member Committee ber PROPOSED COUNCIL MOTION: "I move approval of the use of excess reserves to address equipment issues, resolve shortages and allow for the purchase and repair of equipment. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED- 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # lkih. CITY OF •... Federal Way Parks Department Date: February 9, 2016 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John Hutton, Parks Director From: Jason Gerwen, Parks & Facilities Manager Subject: Use of Excess Replacement Reserve Money Background: The Parks Department has a funding shortfall to replace some of the approved equipment this year. This was caused when replacement reserves stopped being collected as a part of the 2009 -10 budget cuts. Some other specifics need to be resolved to provide the appropriate equipment for staff. Specifics are below. Truck 8118 -1 Replacement reserves stopped being collected on truck 8118 -1 during the budget cuts in 2009- 10. Truck 8118 -1 is approved for replacement this year but there is a shortage of reserve money to replace it. In order to replace it we need $2,500.00 added to the reserves (Tommy lift and work boxes were never included and rolled into replacement costs), which is funded by excess replacement reserves. Truck 8103 Replacement reserves stopped being collected on truck 8103 during the budget cuts in 2009- 10. Truck 8103 is approved for replacement this year but there is a shortage of reserve money to replace it. In order to replace it we need $2,500.00 added to the reserves (Tommy lift and work boxes were never included and rolled into replacement costs), which is funded by excess replacement reserves. When truck 8103 is replaced we would like keep it in the fleet, and surplus truck 8117 (currently an approved surplus vehicle not collecting reserves). The rational is that 8103 is a little newer, in better condition and has not had as many repairs as 8117, and 8117 is starting to cost more than it is worth. Truck 8121 -1 This truck is not due for replacement in 2016, but has been in a few accidents this past year; there are several dents in the bed /rear quarter panel. The cost to repair this is $4,000. It is so close to replacement we feel it would be better to replace it now rather than spend the $4000 on repairs. Replacement reserves stopped being collected on truck 8121 -1 during the budget cuts in 2009 -10. If approved Truck 8121 -1 would also have a shortage of reserve money to replace it. In order to replace it we need $2,500.00 added to the reserves (Tommy lift and work boxes were never included and rolled into replacement costs), which is funded by excess replacement reserves. When truck 8121 -1 is replaced we would like keep it as a surplus truck to accommodate a shortage of vehicles we have for seasonal staff. Truck 8101 Currently, an approved surplus vehicle not collecting reserves has a pressure washer on it. Staff would like to request to surplus truck 8101 and keep truck 8124. Truck 8124 was replaced in 2015, but it is in better condition than truck 8101. Truck 8124 had a new transmission a year or two ago. We would be able to transfer a mounted pressure washer in- house. Do -Ease Slope Mower The SWM Department is purchasing /replacing a new slope mower and the Parks Department would like to keep this mower as a surplus piece of equipment. Currently, we borrow the Do- ease mower from the SWM Department several times per year to mow the BPA and West Campus trails. Frequently, we are not able to keep the service level as there are a limited number of days we can borrow it from them because of their needs. By keeping this piece of equipment it will give the Parks Department better capabilities to keep the trails mowed and provide a higher service level. We would like to request $1,000.00 /year added to the maintenance account to pay for parts (i.e. belts, blades, oil and grease). Portable Stage The stage is not a piece of equipment that has ever been on the replacement reserve account. Currently, the stage is between 15 -20 years old. Upon inspection we have some rusted out support members and others close to rusting through, which are structural. The oxidation /rust is at a point that if we do not do something in the next year or two it will be too late to repair. The estimated cost to fabricate a new stage is $55,000.00. We have quotes for removing all of the decking, sand blasting the entire stage frame, re- welding in new support members, spraying with a rust neutralizer, repainting and re- decking for $20,000.00. By doing this work we could expect to get 10+ years out of the stage, which is the best use of city resources. Financial Summary: Excess replacement reserves available: $37,121.00 8118 -1 $ 2,500.00 8103 $ 2,500.00 8121 -1 $ 2,500.00 8101 $0 Stage $20,000.00 Total $27,500.00 Remaining excess reserve balance after replacements and repairs: $ 9,621.00 On -going financial implications Do -Ease Mower: $1,000.00 /year COUNCIL MEETING DATE: February 16, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: Dm SUBJECT: 2016 PARKS & RECREATION COMMISSION WORK PLAN POLICY QUESTION: Should the Council approve the 2016 Parks and Recreation Commission Work Plan? COMMITTEE: PRHSPS MEETING DATE: Feb 9, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Ikerd, Parks Deputy Director DEPT: PRCS History: The Parks and Recreation Commission discussed their 2016 Work Plan during their December 3 and January 7 Commission meetings and voted to forward to Mayor Ferrell and the Council their proposed work plan for approval. Attachments: 2016 Parks and Recreation Commission Work Plan. Options Considered: 1. Approved the proposed Parks and Recreation Commission 2016 Work Plan. 2. Do not authorize the 2016 Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: CHIEF OF STAFF: � DIRECTOR APPROVAL: / /2 / //L itial/Date COMMITTEE RECOMMENDATION: I move to forwar# the 2016 Parks and Recreation Commission Work Plan to the February 16, 2016 consent agenda for approv Committe 1 ember PROPOSED COUNCIL MOTION: "I move approval of the 2016 Parks and Recreation Commission Work Plan" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # E E O 0 c D (0 '0 0) a O Y f0 C3 aY 0 @ ti 7 =7 o y 0. Bch t- o a N N N X Ea gm y 8 ui a O 0) N 7 c 'O O 2 fl. y N G N co a 0 2 - E E� >8a7 (Y d d H � N a t O Q (0 .3 m > a 3 d a) 0 2 E - N N a a) E., O .�' I N N O 1— 0 N O a Y 0 O 7 .0) 2 L- 15. a y-c3 0 O O E 0.-E O y L a. •0)Ea)G v c) 1 N C • 1 G CV N -' N 0 000) ca 7 d O N > as -a 7 a) O' N °0) G 3 On O 0) 0) 0.0 0% > 130 7 S. y .Z' '� G G •> 0 7 0) ' Q W 7 T N M 'O G as a) 2 G E co Da C 3(7 O E .L 0 O w ,Y (0 a 2-000 O G (6 0 c 3 a) m E m c N i N 0 N Ti; 0 O N .0 0 (0 y Lr E o 3 44 U 0. v- cc N re 3 0) 0 a) 0 .6 �0 a. a. O (0 0) 7 o 7 0 :3 ' 7 m 0. (I) O co 0 E d 0 0 0 0 2 as a y a. r N M y 0 3 al COUNCIL MEETING DATE: February 16, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: Dfl SUBJECT: PSE ELECTRICAL EXTENSION AGREEMENT AND NEW SERVICE FOR TOWN SQUARE PARK POLICY QUESTION: Should the City authorize the Mayor to enter into a Commercial Line Extension Agreement with PSE for Town Square Park and authorize $30,800 for installation, including contingency? COMMITTEE: PRHSPS MEETING DATE: 2/9/16 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd — Deputy Parks Director DEPT: Parks Background: This agreement is to supply electrical service, materials and equipment to the Park site including a new transformer for an installation cost of $30,800, including contingency. Options Considered: 1. Authorize the Mayor to enter into a Commercial Line Extension Agreement with PSE for Town Square Park and authorize $30,800 for installation, including contingency. 2. Do not authorize a Commercial Line Extension Agreement with PSE for Town Square Park and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: CHIEF OF STAFF: DIRECTOR APPROVAL: Initial/Date m e nitial/Date COMMITTEE RECOMMENDATION: I move to forward the authorization for the Mayor to enter into a Commercial Line Extension Agreement with PSE for Town Square Park and $30, 800 installation and forward to the February 16, 2016 Full Council consent agenda for approval. mmittee Chair Comm ee Member Committ - - Member PROPOSED COUNCIL MOTION: "I move approval of the authorization for the Mayor to enter into a Commercial Line Extension Agreement with PSE for Town Square Park and $30,800 installation". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: Feb 16, 2016 ITEM #: 50 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIELDTURF USA RETAINAGE RELEASE POLICY QUESTION: Should the City accept the Karl Grosch field replacement work with FieldTurf USA as complete and authorize staff to release their Retainage? COMMITTEE: PRHSPS Committee MEETING DATE: Feb 9, 2016 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: S�tphen Ikerd, D_sputy Director DEPT: Parks History: The City worked with FieldTurf USA through KCDA to replace the artificial turf at Karl Grosch field in the amount of $531,506.85 + tax. Prior to the release of Retainage on Public Works projects, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary: $531,506.85 — replaced Karl Grosch field artificial turf; 5% Retainage held from this project amount. _ $26,575.33 Options Considered: 1. Accept the Karl Grosch field work as complete and release $26,575.33 Retainage to FieldTurf USA. 2. Do not accept the work as complete, and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Council accepts work as complete and authorize staff to release Retainage in the amount of $26,575.33 to FieldTurf USA. MAYOR APPROVAL: CHIEF OF STAFF: co DIRECTOR APPROVAL: Co r cil �L Com ttee 11)54 c — COMMITTEE RECOMMENDATION: I move to forward the acceptance of the FieldTurf USA work at Karl Grosch field as complete and forward the authorization of staff to release their $26,575.33 Retainage to the Feb 16, 2016 City Council consent agenda for approval. ()elk& 40,41-45.-,-- Nil Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept wWrk at Karl Grosch field as complete a amaze staff to release Retainage in the amount of $26, 575.33 to FieldTurf USA" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: February 16, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 6a SUBJECT: NORTH LAKE MANAGEMENT DISTRICT ADVISORY COMMITTEE APPOINTMENTS POLICY QUESTION: Should the City Council Appoint Members to the North Lake Management District Advisory Committee? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent • City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: Background: The North Lake Management District Advisory Committee is comprised of seven members: five members representing single family and vacant properties, one representing the Washington Department Fish and Wildlife, and one representing the Weyerhaeuser Corporation. Private property owners serve two -year terms. Five private property owner positions will expire March 15, 2016. Four of the current commissioners have submitted applications seeking re- appointment (Charles Gibson, Mary McClellan - Aronen, Brian Cleary, and Terrance Thomas, II). In accordance with the Council Rules of Procedure Section 19.10, the Council will not interview the applicants already serving on a Committee and may re- appoint members seeking additional terms. This term would run through March 15, 2018. Options Considered: 1. Re- appoint Charles Gibson, Mary McClellan - Aronen, Brian Cleary, and Terrance Thomas, II to the North Lake Management District Advisory Committee with terms expiring March 15, 2018. 2. Direct staff to recruit for additional applicants. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: CHIEF OF STAFF: N/A Committee CITY CLERK APPROVAL: Committee i. it PROPOSED COUNCIL MOTION: "I move the following appointments to the North Lake Management Advisory Committee...." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: February 16, 2016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 7a SUBJECT: ORDINANCE: LAKEHAVEN UTILITY DISTRICT FRANCHISE AGREEMENT POLICY QUESTION: Should Council pass the proposed ordinance granting Lakehaven Utility District a 10 year franchise to construct and maintain facilities within the City's rights -of -way? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ City Council Business ® Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Amy Jo Pearsall, City Attorney Attachments: (1) Staff Report. (2) Proposed Franchise Ordinance. Options Considered: (1) Pass the Ordinance as drafted and grant Lakehaven a 10 year franchise. (2) Decline to pass the Ordinance and provide guidance to staff. DEPT: Law MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: CHIEF OF STAFF: DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (FEBRUARY 16): "I move to forward the proposed ordinance to the March 1, 2016 Council Meeting for Second Reading and enactment." 2ND READING OF ORDINANCE (MARCH 1): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CIT OF •W Federal Y Way STAFF REPORT DATE: FEBRUARY 16, 2016 TO: CITY COUNCIL MEMBERS VIA: JIM FERRELL, MAYOR BRIAN WILSON CHIEF OF ST FROM: AMY JO PEARSALL, CITY ATTORNEY MARK ORTHMANN, ASSISTANT CITY ATTORNEY SUBJECT: LAKHAVEN UTILITY DISTRICT FRANCHISE ORDINANCE Lakehaven Utility District ( "Lakehaven ") and the City of Federal Way ( "City") have determined that it is in the best interests of the public and both parties to execute a new Franchise agreement to specify the rights and duties of Lakehaven to install, operate, and maintain its water and sewer systems within the City's rights -of -way. In addition to standard franchise terms, the proposed Franchise addresses the following key issues: • The Franchise term will be for 10 years with two possible five year extensions upon mutual agreement of the parties. • The City will take responsibility for fire hydrant and streetlight payments previously billed by Lakehaven to its ratepayers. • The City will not initiate proceedings under Chapter 35.13A RCW to assume the water and/or sewer service jurisdiction of Lakehaven during the term of the Franchise. • Lakehaven will pay the City a Franchise Fee as consideration for the rights granted to Lakehaven under the Franchise as follows: o 2016 -19, 3.6 percent o 2020 -23, 3.8 percent o 2024 -26, 4.0 percent The proposed Franchise assigns responsibility for fire hydrant payments to the City because they are a general governmental obligation that the City is liable for under state law. Under the proposed Franchise, the City will also take responsibility for paying Puget Sound Energy ("PSE") for streetlights currently billed to Lakehaven customers to rectify a disparity between those citizens provided streetlights at no additional charge by the City and those that are charged monthly for the provision of streetlights by Lakehaven. The proposed Franchise maintains the assumption forbearance included in the previous Franchise agreement. As consideration for the assumption forbearance and for taking on Lakehaven's streetlight payments to PSE, the City will collect a Franchise Fee on Lakehaven's water and sewer revenues. Collecting the Franchise Fee will allow the City to provide essential services to its citizens on an equal basis without an increased impact on the budget. ORDINANCE NO. 16- 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 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 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; and 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 WHEREAS, Franchisee recognizes a benefit to its rate payers in not having the City attempt to assume its jurisdiction under the provisions of RCW Chapter 35.13A, Ordinance No 16- Page 1 of 30 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. 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 the right -of -way manholes, clean outs, and all other related appurtenances owned or used by Franchisee and necessary for the distribution of water and collection of wastewater. The Parties acknowledge that the Franchisee deems sewer service lines to be owned by the property owner served by the service line. 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 Exhibit A. Exhibit A may 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. Ordinance No 16- Page 2 of 30 1.8 "Revenue" means the value proceeding or accruing from the performance of Franchisee's water and sewer business, which for the purposes of calculating the Franchise fee contemplated in Section 17, shall include only those proprietary water and sewer rates collected from Franchisee's retail customers with billing addresses that are within the corporate boundaries of the City. For the purposes of this definition, "revenue" shall not include the following: wholesale or contract water sales; maintenance charges for sewer systems not owned by Franchisee; hydrant meter water sales; penalties; late fees; meter shut -off or turn-on charges; impact fees; delinquent account charges; lien charges; telecommunications site lease payments; permit fees; surcharges; interest on fund balances; revenues from hydrant maintenance (fire suppression); connection charges; water or sewer system capacity rent; assessments; grants; contributed assets (contributions in aid of construction); loans; developer charges; income from legal settlements not related to retail water or sewer service; income from real property or equipment /vehicle sales; fees charged for Franchisee's services as expressed in Franchisee's Fees and Charges Resolution; street light revenues; labor, equipment, and material charges; or any other revenues that are not derived from the rates charged for the direct provision of water and sewer service to retail customers with billing addresses that are within the corporate boundaries of the City. Section 2. Grant /Acceptance 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 Ordinance No 16- Page 3 of 30 (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 of this Franchise, unless Franchisee shall, within sixty (60) days after the date the City Council passes this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3. Conditions of Use 3.1 Non - Franchise Area City Property. This Franchise does not and shall 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 to voluntarily relinquish its easements on private property that has become City property pursuant to public projects when notified by the City. In exchange for the voluntary relinquishment of easements on private property that become public right -of -way, the City and Franchisee agree to the following: A. For the Project. The City agrees to pay Franchisee's necessary relocation or adjustment costs of its water and/or sewer facilities on private property if required as part of project construction when the property will become City property. Ordinance No 16- Page 4 of 30 B. Five Years after Completion of the Project. The City agrees to pay Franchisee's necessary relocation costs of its water and/or sewer facilities for five years after completion of the project in the event a City public project requires the relocation. Completion of the project means the action taken by the City Council during the regular City Council meeting to accept the project as complete. 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 its 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 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 15. 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 ten (10) years commencing on the effective date of Ordinance No 16- Page 5 of 30 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 for two (2) extensions of five (5) years. Section 5. Hydrant (Fire Suppression System) costs. The parties agree that during the term of the Franchise, Franchisee shall be responsible to operate and maintain all portions of the water system, including the fire hydrants (fire suppression system) and those components of the water system that provide fire suppression benefits within City boundaries. The City shall, during the term of this Franchise, pay Franchisee for the cost of maintaining the fire hydrants and those portions of the system that provide fire suppression benefits within City boundaries ( "fire hydrants "). Franchisee shall, during the term of this Franchise, indemnify and hold the City harmless from any costs associated with the maintenance of the water system, except the cost of maintaining the fire hydrants (fire suppression system). The amount of the charge for the cost of maintaining the fire hydrants (fire suppression system) shall be as established by Franchisee resolution and shall be billed to the City on a quarterly basis. Payment shall be due within forty -five (45) days from the invoice date. Section 6. Location of Facilities 6.1 Location. The location of existing Facilities, their depths below the surface of ground or grade of a right -of -way (if available), shall 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 thereof) so submitted shall be for City informational purposes only and Ordinance No 16- Page 6 of 30 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. 6.3 Design Markings. 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 Warranty 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 Sections 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 Ordinance No 16- Page 7 of 30 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 sewer routine maintenance work. Permit applications shall: (1) show the position and location of the Facilities to be constructed, 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 to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWRC and be satisfactory to the Director. All traffic control shall be in accordance with the right -of -way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices ( "MUTCD "). The Franchisee shall 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. Ordinance No 16- Page 8 of 30 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) Franchisee informs the City of the nature and extent of the emergency and the work to be performed prior to or 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 shall 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 shall be allowed to occur under an annual maintenance blanket permit. 8.4 Notice of Entry. 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 acceptable notice include but are not limited to a pre - printed door hanger, mailed letter, and /or sandwich boards. Ordinance No 16- Page 9 of 30 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 specified by the City on the right -of -way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to 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 all applicable laws, ordinances, codes, and standards, as now existing or hereafter adopted or amended, and shall comply with the terms of this Franchise, whether 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 Ordinance No 16- Page 10 of 30 herein is intended to relieve the parties of their respective obligations arising under applicable law with respect to determining the location of utility facilities. Section 10. Survey Markers and Monuments Franchisee shall, using a licensed 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 placement. 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, shall 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 11 and Chapter 19.122 RCW, as now existing or hereafter amended, Chapter 19.122 RCW will control. Section 12. Notification to Fire District Except in emergencies, if it is necessary to shut down or diminish the water pressure so that fire hydrants may be adversely affected, the Franchisee shall notify the appropriate fire district by telephone followed by faxed transmittal or written notification, that water pressure or fire flow Ordinance No 16- Page 11 of 30 conditions have been affected. In case of an emergency, Franchisee shall contact the appropriate fire district as soon as circumstances allow. In case of a planned shutdown or diminished water flow, at least forty -eight (48) hour prior notification 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. Right of City to Undertake Maintenance Work The laying, construction, maintenance, and operation of Franchisee's system of water and sewer pipes, and appurtenances granted under this Franchise shall 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 of City to Complete 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 16 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 reasonable overhead expenses and attorneys' fees. Ordinance No 16- Page 12 of 30 Section 15. Required Relocation of Facilities 15.1 City Reservation of Rights. 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 limiting 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 City'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) Provide written notice to Franchisee requesting such relocation within a reasonable time prior to the commencement of such City work; (b) Pursuant to RCW 35.21.905, consult with Franchisee on projects that will require relocation to facilitate coordination of design; (c) 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; and (d) Coordinate to minimize conflicts between existing Facilities and Franchise Area improvements where possible. Ordinance No 16- Page 13 of 30 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 conform 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 Exclusivity. Except as provided in Section 3.2 above, this Section 15 shall govern all relocations of Franchisee' s Facilities required in accordance 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 Repair 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. The parties agree that they shall cooperate to investigate the cause of any damage to the right -of -way. The City shall hold Franchisee responsible for damage that is Ordinance No 16- Page 14 of 30 determined, to a reasonable degree of certainty, to have resulted from issues with Franchisee's Facilities or the actions of Franchisee. Section 17. Franchise Fee and Utility Tax 17.1 The City levies a Franchise fee pursuant to this Franchise agreement to ensure that the City's transportation, landscape, drainage, and storm water system infrastructure is maintained and preserved during the ongoing operation of utility work in the City. Utility work within the City's right -of -way causes a deterioration of the right -of -way and requires the City to perform annual maintenance and longer -term capital improvements to maintain and preserve the City's right -of -way infrastructure. Administration of this Franchise, and annual maintenance and preservation work includes the work and cost for City employees, materials, engineering, inspection, administration of the Franchise agreement, planning, electronic mapping, pavement management, and other outside services for shoulder maintenance, street drain maintenance, roadside maintenance, street overlays, sweeping and mowing, and street and drainage capital projects.. If the City adopts a utility tax applicable to Franchisee, and Franchisee makes the payments to the City contemplated by such a utility tax, then the Franchise fee will be cancelled effective the beginning date for the utility tax. 17.2 In consideration of the rights granted to Franchisee by this agreement, Franchisee agrees: (a) To collect and distribute to the City a Franchise fee equal to 3.6 percent of Revenue generated within the City as defined in this agreement for 2016 -19, 3.8 percent for 2020 -23, and 4.0 percent for 2024 -26. Franchisee shall begin collecting the Franchise fee on or before the beginning of Franchisee's second utility billing cycle following the effective date of this Franchise. Proceeds of the Franchise fee collected by the Franchisee shall be Ordinance No 16- Page 15 of 30 distributed to the City on a quarterly basis during the term of this Franchise and any extensions. Payment shall be due within forty -five (45) days from the invoice date. (b) Should Franchisee be prevented by judicial or legislative action from collecting a Franchise fee on all or part of Franchisee's Revenue, Franchisee shall be excused from the collection and distribution of that portion of the Franchise fee. (c) Should a court of competent jurisdiction declare, or a change in law make the Franchise fee invalid, in whole or in part, then Franchisee's obligation to collect and distribute the Franchise fee contemplated under this section shall be terminated in accordance with and to the degree required to comply with such court or legislative action. (d) Franchisee agrees that it will not pursue any legal challenge to the Franchise fee established under this Franchise. (e) Upon the City's request, Franchisee shall make available Franchisee's books and records pertaining to all revenue derived by the Franchisee by virtue of the Franchise for City review, to verify the accuracy of payments. The City shall maintain the confidentiality of such information to the extent permitted by law. 17.3 In consideration for the Franchise fee collected and distributed to the City by Franchisee, the City agrees: (a) To pay Franchisee for the cost of maintaining the fire hydrants (fire suppression system) within City boundaries as discussed in Section 5 of this Franchise. (b) To forego, during the term of the Franchise, the initiation of any proceedings under Chapter 35.13A RCW to assume the water and/or sewer service jurisdiction of Franchisee. Should a court of competent jurisdiction declare, or a change in law make the Ordinance No 16- Page 16 of 30 Franchise fee invalid, in whole or in part, then the assumption forbearance shall be cancelled and this Subsection 1 7.3(b) shall be stricken from the agreement. (c) To bear the cost of the Puget Sound Energy streetlights located in the right-of- way within City boundaries currently paid for by Franchisee and billed to Franchisee's customers. (d) If a lawsuit is filed challenging the Franchise fee, the City agrees to defend and hold Franchisee harmless from the cost /liability of such a lawsuit. 17.4 If the Franchise fee is declared invalid, in whole or in part, the parties agree to meet to discuss alternatives and amendments to this Franchise to retain the essential purposes of this section. Section 18. General Maintenance of Facilities Franchisee will maintain Facilities located within the Franchise 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 Franchise 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 Franchise Area. Section 19. Emergency 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 Ordinance No 16- Page 17 of 30 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. Section 20. Default 20.1 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 ordering such compliance and Franchisee shall have sixty (60) days from the receipt of such notice in which to comply. 20.2 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 comply 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. In the event of the City's cancellation of this Franchise, all rights and obligations associated therewith, including the Franchisee's obligation to pay a Franchise fee, shall be terminated. Section 21. 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. Ordinance No 16- Page 18 of 30 Section 22. Eminent Domain The existence 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 23. 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 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 24. Compliance with Laws Franchisee shall comply with all 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. Ordinance No 16- Page 19 of 30 Section 25. 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 26. Charge for Administrative Costs Nothing herein shall preclude the City from recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the City's code. Section 27. 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 liabilities (including costs and all attorneys' 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 employees. In the event any claim, demand, suit or action is commenced against the City that constitutes an obligation of Franchisee pursuant to this Section 27, the City shall 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 Ordinance No 16- Page 20 of 30 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. Section 28. Insurance 28.1 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) Commercial 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 liability, 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. 28.2 Mandatory Insurance Provisions. The commercial general liability insurance and automobile 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) Coverage 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; Ordinance No 16- Page 21 of 30 (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 (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. 28.3 Verification of Coverage. 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. 28.4 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 29. General Provisions 29.1 Entire Agreement. This Franchise contains all of the agreements of the 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. Ordinance No 16- Page 22 of 30 29.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 29.3 Assignment. Franchisee shall not have the right to transfer or assign, in whole or in part, any or 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. 29.4 Attorneys' 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 shall be King County, Washington. 29.5 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. 29.6 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 16- Page 23 of 30 29.7 Authority. 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. 29.8 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 1st Ave South P.O. Box 4249 Federal Way, WA 98063 City: City of Federal Way Attn: City Attorney 33325 8th Avenue South Federal Way, WA 98003 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 shall be deemed received three (3) days after the date of mailing. 29.9 Captions. The respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 29.10 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. Section 30. Severability 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 Ordinance No 16- Page 24 of 30 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. 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. Implementation The terms of the previous Franchise and any amendments shall control until the effective date of this Franchise. Section 33. 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 2016. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC Ordinance No 16- Page 25 of 30 APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No 16- Page 26 of 30 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 all of the terms, conditions and obligations contained therein. DATED this day of , 2016. LAKEHAVEN UTILITY DISTRICT By: Its: Ordinance No 16- Page 27 of 30 EXHIBIT A Location of Facilities within Franchise Area Ordinance No 16- Page 28 of 30 City of Federa ay Water Service Franchise Area Map Date March, 2010 C4yo F e ,* Way P.O.Box 9701 Federal Way, Wa, g8063 P) 253 416401,1 fW) woe* capflederaexaycdrn Ta Exhibit A 1 + ' .1 ifAV 22+Iith 4411r ,.. Des Moines Kent . . . a,V 1 Auburn Leg end Franchise Area r3Water Service Area Federal Way City Limits Fite Milton Edgewoed CITY CIF Federal Way 0.5 RAereekVW,StreeteProectaA,areerriemat.UDerladal..MDeaterRI mat Mies This map is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. Ordinance No 16- Page 29 of 30 City of Federal Way Sewer Service Franchise Area Map O. Ma,ch, 2010 Cly o Fe de',* Way PO.Box fon fieowst Way, A*. 9*C*3 4?) 25$4:..64 (W)Avesi.calrflem.Wwaycorn Exhibit A-2 Des Moines L. 14 Kent •—••- , !"' •,•••'.."•:••••••,:: • • • - r. [Federal L Waf t, . r Auburn f k‘i, Tacoma Legend Franchise Area 3 Sewer ServiceArea Federal Way City Limits Fife Milton CITY or Federal Way 0.5 1 Miles R AerAekeffSifeeta.i; ProA•ct5Ag-oementattitrOapsALUDS*werR This map is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. Ordinance No 16- Page 30 of 30 COUNCIL MEETING DATE: February 16, 2016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: ORDINANCE: 21ST AVE S (S 316TH ST TO S 320TH ST) PEDESTRIAN IMPROVEMENTS - CONDEMNATION ORDINANCE POLICY QUESTION: Should the City Council approve an ordinance that authorizes the City Attorney to commence legal proceedings to acquire the necessary property for the 21st Ave S (S 316th St to S 320th St) Pedestrian Improvements by condemnation if the negotiation process fails? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ City Council Business ® Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Christine Mullen, PB�f31r�et Systems Project Engr. LJJ Attachments: Memorandum dated February 16, 2016 Condemnation Ordinance Options Considered: 1. Approve to send the condemnation ordinance for the 21st Ave S (S 316th St to S 320th St) Pedestrian Improvements to the City Council Meeting on March 1, 2016 for the second reading. 2. Do not approve to send the condemnation ordinance for 21st Ave S (S 316th St to S 320th St) Pedestrian Improvements to the City Council Meeting on March 1, 2016 for the second reading and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 1, 2016 City Council Ordinance Agenda for seco d reading. DEPT: Public Works MAYOR APPROVAL: CHIEF OF STAFF: DIRECTOR APPROVAL: 1.17.-1 I k Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (FEBRUARY 16, 2016): "I move to forward approval of the condemnation ordinance for the 21st Ave S (S 316th St to S 320th St) Pedestrian Improvements to the March 1, 2016 Council Meeting for second reading and enactment." 2ND READING OF ORDINANCE (MARCH 1, 2016): "I move approval of the proposed condemnation ordinance for the 21st Ave S (S 316th St to S 320th St) Pedestrian Improvements." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED - 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # -x'703 CITY OF FEDERAL WAY MEMORANDUM DATE: February 16, 2016 TO: City Council VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, P.E., Public Works Director Christine J. Mullen, P.E., Street Systems Project Engineer SUBJECT: 21st Ave S (S 316th St to S 320th St) Pedestrian Improvements — Condemnation Ordinance BACKGROUND Previously, the City Council authorized staff to acquire right -of -way for the 21st Ave S (S 316th St to S 320th St) Pedestrian Improvements for fair market value. Staff is currently in the process of contacting the property owner to negotiate the purchases. In anticipation that an agreement cannot be reached with the property owner, staff is requesting that the Council adopt the attached condemnation ordinance. The ordinance authorizes the City Attorney to commence legal proceedings to acquire the necessary property by condemnation if the negotiation process fails after a reasonable amount of time, in order to allow the project to proceed. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, providing for the acquisition of certain property for the purpose of constructing right -of -way improvements in the vicinity of 21st Avenue South (S 316th St to S 320th St), known as the 21st Ave S (S 316th St to S 320th St) Pedestrian Improvements Project; describing the public use and necessity of such property; directing staff to exhaust reasonable negotiation efforts to purchase such property; providing for the condemnation of the property; and directing the City Attorney to initiate all necessary actions and proceedings in the manner provided by law for said condemnation if attempts to purchase are not successful. WHEREAS, the 21st Ave S (S 316th St to S 320th St) Pedestrian Improvement Project ( "Project ") is a roadway project included in the City's Six Year Transportation Improvement Plan ( "TIP "); and WHEREAS, consistent with the TIP, the City has secured funding for the Project; and WHEREAS, the City must acquire all right -of -way interests and construction easements necessary for construction of the project and must justly compensate affected property owners for the property rights and interests acquired; and WHEREAS, the City prefers to acquire the necessary right -of -way interests through active negotiations with the owners of said properties, time is of the essence and the City may not be able to acquire said interests by negotiation within the time limit mandated by Project funding; and WHEREAS, there exists in the City of Federal Way certain portions of property legally described in Exhibit "A" of this ordinance that the City must acquire for project purposes; and WHEREAS, the City Council finds that said properties are critical to the Project and that it is in the public interest to have these properties for public safety and transportation needs; and WHEREAS, completion of the Project will positively address the important public safety and Ordinance No. 16- Page 1 of 9 Rev 1/15 pedestrian issues by providing improved pedestrian facilities in the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Notice. Pursuant to RCW 8.12.005 and RCW 8.25.290, notice of the consideration of this ordinance was properly issued by mail on February 1, 2016 to all potentially affected property owners and published in the proper legal newspaper on February 5 and February 12, 2016. Section 2. Public Necessity. The public health, safety, necessity, and convenience demand that right -of -way improvements be constructed and maintained in the City within the vicinity of 21st Avenue S (S 316th St to S 320th St), and that certain real property, encumbrances, and/or easements upon property be acquired, condemned, appropriated, taken and/or damaged for the construction of said improvements as provided by this ordinance. Failure to construct such right -of -way improvements will result in a gap in and a lack of connectivity of the pedestrian facilities in the downtown City Center area. Section 3. Public Use. The improvements demanded by public health, safety, convenience and necessity consist of those improvements shown on the Right of Way Plans dated June 2015, by MacKay + Sposito and on file with the City of Federal Way, to wit: the construction of a sidewalk, retaining walls, street lights, street trees, and an irrigation system, together with all appurtenances and related work necessary to make a complete improvement in accordance with the project engineering plans, and other applicable City standards. Said improvements will be a part of right -of- way owned by the City of Federal Way and open for use by the general public, and therefore the use of property, encumbrances, and /or easements condemned herein for the construction of said improvements constitutes a public use. Ordinance No. 16- Page 2 of 9 Rev 1/15 Section 4. Property Acquisition Authorized. The Mayor or designee is authorized and directed to negotiate and prepare such agreements as are customary and necessary for the acquisition of the real property interests described in Exhibit "A." The Mayor or designee is further authorized to settle any condemnation litigation or enter administrative settlements (a settlement in lieu of initiating condemnation litigation) for the acquisition of the real property interests described in Exhibit "A." Such settlements shall be made only upon the recommendation of legal counsel, for amounts deemed to be a reasonable estimation of fair market value. Section 5. Condemned Property. The City Council of the City of Federal Way, after reviewing the planned improvements, hereby declares that the property, encumbrances, and/or easements located within the City of Federal Way, legally described and depicted in Exhibit "A" attached hereto and incorporated herein by this reference ( "Property "), shall be and hereby are condemned, appropriated, taken, and /or damaged for the public use and purpose in installing right -of -way improvements described in Section 2 above. The condemnation, appropriation, taking, and/or damaging of the Property includes the right to make all necessary slopes for cuts and fills upon adjacent lands in the reasonable original grading and maintenance of the right -of- way facilities, as well as temporary easements to enable construction of said improvements. Further, the condemnation, appropriation, taking and/or damaging of the Property shall be subject to paying just compensation to the owners thereof in the manner provided by law. Section 6. Condemnation Legal Action. City staff is directed to exhaust reasonable negotiation efforts to purchase such property. In the event that these negotiations are unsuccessful, the City Attorney or other attorney selected by the Mayor or designee is hereby authorized and directed to file all necessary actions and proceedings provided by law to condemn, take, damage, and Ordinance No. 16- Page 3 of 9 Rev 1/15 appropriate the Property in order to carry out the provisions of this ordinance, and is further authorized in conducting said condemnation proceedings and for the purpose of minimizing damages, to stipulate as to the use of the Property and as to the reservation of any right of use to the Property owner(s), provided that such reservation does not interfere with the use of the Property by the City as provided in this ordinance. The City Attorney is further authorized to adjust the location and/or width of any of the Property and/or easements condemned or taken therein, or take other such actions, in order to minimize damages, provided that said adjustments do not interfere with the use of the Property by the City as provided in this ordinance. Section 7. Source of Funds. The entire cost of the property acquisition authorized by this ordinance, including all costs and expenses of condemnation proceedings, shall be paid out of the general fund and available grants. Section 8. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 9. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Ordinance No. 16- Page 4 of 9 Rev 1/15 Section 10. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 11. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 20 ATTEST: CITY OF FEDERAL WAY MAYOR, JIM FERRELL CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 16- Page 5 of 9 Rev 1/15 Ordinance No. 16- EXHIBIT A N CD U) n cp O (, a a, CD 3 • (J) p• O N CL O o • `. tD -0 ;0 tD O 0- (D CD • ,N► `< al rte_ �4 3 O CD 3 CD ( Page 6 of 9 Rev 1/15 01 Feb 2016 O Tracking Number 092104 -9297 NWCC CENTER PLAZA, LLC Owner Name NWCC CENTER PLAZA Business Name 'TOTAL AMOUNT 2012 S 320TH ST Site Address Eft Offered Amount N O U1 )5.i O O O O O N CD U) n cp O (, a a, CD 3 • (J) p• O N CL O o • `. tD -0 ;0 tD O 0- (D CD • ,N► `< al rte_ �4 3 O CD 3 CD ( Page 6 of 9 Rev 1/15 EXHIBIT A LEGAL DESCRIPTION FOR THE RIGHT OF WAY ACQUISITION OF 21ST AVENUE S. (PARCEL 092104- 9297) THAT PORTION OF PARCEL B OF THE CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NUMBER BLA 06- 106111 -SU RECORDED UNDER RECORDING NUMBER 2006129900009, KING COUNTY WASHINGTON, SITUATE IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, W. M. FOR ACQUISITION WITH THE PURPOSE OF PEDESTRIAN ACCESS AND ROAD IMPROVEMENTS LAYING EASTERLY OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL B; THENCE NORTH 88 °16'36" WEST A DISTANCE OF 13.00 FEET TO THE BEGINNING OF THE DESCRIBED LINE; THENCE SOUTH 1 °28'42" WEST A DISTANCE OF 31.14 FEET TO A CURVE HAVING A RADIUS OF 215.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 19 °45'08" A DISTANCE OF 74.12 FEET TO A REVERSE CURVE HAVING A RADIUS OF 155.00 FEET; THENCE SOUTHERLY ALONG SAID REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 19 °44'39" A DISTANCE 53.41 FEET; THENCE SOUTH 1 °28'13" WEST A DISTANCE OF 329.44 FEET TO A CURVE HAVING A RADIUS OF 215.00 FEET; THENCE SOUTHERLY ALONG THE SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 13 °27'19" A DISTANCE OF 50.49 FEET TO A REVERSE CURVE HAVING A RADIUS OF 155.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13 °27'19" A DISTANCE OF 36.40 FEET; THENCE SOUTH 1 °28'13" WEST A DISTANCE OF 1.32 FEET TO A CURVE HAVING A RADIUS OF 18.50 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 94 °15'29" A DISTANCE OF 30.43 FEET; THENCE SOUTH 5 °45'27" WEST A DISTANCE OF 12.53 FEET; THENCE SOUTH 5 °43141" WEST A DISTANCE 3.07 FEET TO THE SOUTH LINE OF SAID PARCEL B AND THE TERMINUS OF THE DESCRIBED LINE. Ordinance No. 16- Page 7 of 9 Rev 1/15 CONTAINING 7,606 SQUARE FEET MORE OR LESS. Ordinance No. 16- "'I rrrurrururrnuunrunurrn nrurrnrrrr r ru ru rr,,, 0 Page 8 of 9 Rev 1/15 EXHIBIT A -1 FOR THE CITY OF FEDERAL WAY RIGHT -OF -WAY AQUISITION FEDERAL WAY, KING COUNTY WASHINGTON STATE BEGINNING OF THE DESCRIBED LINE L1 LINE TABLE LINE # DIRECTION LENGTH L1 N881 6'36 "W 13.00' L2 S1'28'42 "W 31.14' L3 S1'28'13 "W 329.44' L4 S1'28'13 "W 1.32' L5 S5'45'27 "W 12,53' L6 S5'43'41 "W 3.07' CURVE TABLE CURVE # LENGTH RADIUS DELTA C1 74.12' 215.00' 19'45'08" C2 53.41' 155 00' 19'44'39" C3 50.49' 215.00' 13'27'19" C4 36.40' 155.00' 13'27'19" C5 30.43' 18.50' 9415'29" 100 0 50 100 1 Inch = 100 ft. L2 C1 C2 ACQUISITION LIN L3 D= w � W p CO Li C RECORDING NO. 20061229900009 C3 C4 L4 SOUTH LINE OF C5 PARCEL B L5 L6 TERMINUS POINT OF THE DESCRIBED LINE - -_„ MacKay -+ Sposito ENERGY PUBLIC WORKS LAND DEVELOPMENT www. mackaysposito.com Ordinance No. 16- NE CORNER PARCEL B EXISTING RIGHT OF WAY 21ST AVE SE 33400 8th Avenue South, Suite 130 Federal Way, Wa. 98003 FEDERAL WAY: (253) 205 -8700 VANCOUVER: (360) 695 -3411 PAGE 1 OF 1 Page 9of9 Rev 1/15 1 of 2 PSRC Project Progress Report Project Information TIP Project ID: FW -22 Project Title: 21st Ave SW (5. 316th Street to S. 320th Street) Pedestrian Sponsoring Agency: Federal Way Project Type: Capital project Submitted: N/A Project Contacts: Person Completing Form John Mulkey, Street Systems Manager 253 - 835 -2722 I john.mulkey @cityoffederalway.com Project /Grant Manager Marwan Salloum, Public Works Diretcor 253 - 835 -2720 I marwan .salloum @cityoffederralway.com Project Progress Project on schedule: Yes Project Milestones Preliminary Engineering & Design Obligation date: January 28th, 2015 Design Status: 90% PE /Design completed: No Completion Date: June 1st, 2015 Environmental docs Yes Completion Date: April 27th, 2015 approved: Work needed to achieve the expected Completion Date: N/A Anticipated level of environmental documentation under the NEPA for this project: Categorical Exclusion (CE) 2 of 2 Right of Way Obligation date: June 2nd, 2015 Right of Way plans approval: Yes Completion May 14th, Date: 2015 Right of Way PFE or TCE preparation: Yes Completion May 14th, Date: 2015 Right of Way relocation plan No requirement: Right of Way certified: No Completion April 29th, Date: 2016 Work needed to achieve the expected Completion Date: There is a single property owner and negotiations have not led to settlement. The City will be moving forward with condemnation and expect to acquire Possession and Use upon approval of the ordinance and subsequent filing in court. Upon receiving Possession and Use the City will seek Right of Way certification. Construction /Implementation Obligation date: N/A Permits and agreements N/A Completion Date: N/A secured: Project advertised: N/A Completion Date: N/A Contract awarded: N/A Completion Date: N/A Contract completed: No Completion Date: December 31st, 2017 Work needed to achieve the expected Completion Date: The City does not have funding for construction of this project. The City will be pursuing grant opportunities for construction. The construction completion date is an estimate. When funding becomes available, the date will be refined. Project Finances and Expenditures Have there been changes to the total estimated project cost ?: No Last bill submitted on: Next bill to be submitted on: Other comments: N/A January 15th, 2016 February 25th, 2016 COUNCIL MEETING DATE: February 2, 2016 ITEM #: 7c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Mayer Sewer Franchise Ordinance POLICY QUESTION: Should the City grant Joseph E. Mayer, Pamela R. Mayer, and Natalie A. Mayer a Franchise Ordinance to continue to maintain and operate a private sewer line within and through the City of Federal Way rights -of -way? COMMITTEE: Finance, Economic Development and Regional Affairs Committee MEETING DATE: January 26, 2016 CATEGORY: ❑ Consent ❑ City Council Business ® Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: John Mulkey, P.E., Street Systems Manager.�� Attachments: 1. Finance, Economic Development and Regional Affairs Committee memorandum dated January 26, 2016. 2. Mayer Sewer Franchise Ordinance Options Considered: 1. Approve the Ordinance and forward to the February 2, 2016 City Council meeting for first reading. 2. Modify the Ordinance and forward to the February 2, 2016 City Council meeting for first reading. 3. Reject the Ordinance and provide direction to staff. DEPT: Public Works MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Feb ary 2, 2016 City Council Consent Agenda for approval. MAYOR APPROVAL: CHIEF OF STAFF: / /,A // DIRECTOR APPROVAL: G �I(e tt ee COMMITTEE RECOMMEN i ATION: The Co m ttee recommends forwarding Option 1 to the February 2, 2016 City Counc rdinance agenda f r approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: 1ST READING OF ORDINANCE (02/02/2016): "I move to forward the ordinance to a second reading for enactment on the kbr arj ltp, 20)4, Council agenda." 2ND READING OF ORDINANCE (02/16/2015): "I move approval of the Mayer Sewer Franchise ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION 1 MOVED TO SECOND READING (ordinances only) REVISED - 08/12/2010 COUNCIL BILL # —f'r t.119 1 N 1ST reading C a-o'? .D - itp Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: January 26, 2016 Finance, Economic Development and Regional Affairs Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director John Mulkey, P.E. Interim Street System Manager 1 SUBJECT: Mayer Sewer - Franchise Ordinance BACKGROUND Joseph E. Mayer, Pamela R. Mayer, and Natalie A. Mayer have requested a franchise from the City of Federal Way, in order to maintain an existing private sewer line in the City owned or controlled rights -of -way. See attached copy of the proposed franchise ordinance. The term of this Franchise is for a period of ten (10) years commencing on the effective date of this Franchise consistent with franchises the City has granted to other utility provider. Joseph E. Mayer, Pamela R. Mayer, and Natalie A. Mayer agree to pay a fee or a charge in the amount of $1,000.00 to recover the actual reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. Joseph E. Mayer, Pamela R. Mayer, and Natalie A. Mayer will maintain insurance of $1 Million combined single limit for commercial general liability and $500,000 for automobile insurance. A Certificate of Liability Insurance has been submitted to the City. The proposed franchise requires Joseph E. Mayer, Pamela R. Mayer, and Natalie A. Mayer to post a bond for $100,000. Additional bonding may be required as a condition of the right of way permit before commencing any work within the City to guarantee performance of construction, maintenance or repair in accordance with any permits required by this Franchise. cc: Project File Day File ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING JOSEPH E. MAYER, PAMELA R. MAYER, AND NATALIE A. MAYER, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS -OF- WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA TO CONSTRUCT, MAINTAIN, REPAIR, OPERATE, AND REMOVE A PRIVATE SEWER LINE WITHIN AND THROUGH SPECIFIED RIGHTS -OF -WAY AND STREETS WITHIN THE CITY OF FEDERAL WAY. WHEREAS, Joseph E. Mayer, Pamela R. Mayer, and Natalie A. Mayer have requested a franchise from the City of Federal Way, in order to continue to maintain, repair, and operate a private sewer line within the City of Federal Way rights -of -way; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise, which will specify the rights and duties of Joseph E. Mayer, Pamela R. Mayer, and Natalie A. Mayer; 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, wires, and appurtenances thereof for water, sewer, and other private and publicly owned and operated facilities; 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; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Ordinance No. Page 1 of 22 Section 1. 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 Franchisee's equipment to be located within the public right -of- way. 1.5 "FWRC" means the Federal Way Revised Code. 1.6 "Franchise Area" means only that portion of the SW Dash Point Road, 52nd Avenue SW and 53rd Avenue SW rights -of -way located in the City of Federal Way and shown in Exhibit A attached hereto, and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. 1.7 "Franchisee" means Joseph E. Mayer, Pamela R. Mayer, and Natalie A. Mayer, and their respective successors and assigns if consented to by the City of Federal Way as provided in Section 24 herein. Section 2. Grant /Acceptance 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing, excavating, installing, maintaining, restoring, and repairing Facilities within the Franchise Area. This Franchise is specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee. This Franchise does not permit Franchisee to Ordinance No. Page 2 of 22 lease, rent, or otherwise allow use of conduits, space, or capacity provided by the Facilities to other third - parties, and Franchisee covenants and agrees that it will not do so. 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of 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. Section 3. Non - Franchise Area City Property This Franchise does not and shall 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. Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. At any time nor more than two (2) years, nor less than one hundred eighty (180) days before the expiration of the Franchise term, either party may request a renewal of the Franchise for an additional ten (10) year renewal period. Section 5. Location of Facilities 5.1 Location. The Facilities permitted by this Franchise shall be installed and remain underground. The location of the Facilities, including any underground Facilities and appurtenances, their depths below surface of ground or grade of a right -of -way, and any related existing equipment Ordinance No. Page 3 of 22 to which the Facilities are connected are depicted on Exhibit A. Upon written request of the City, Franchisee shall update the map contained in Exhibit A to reflect actual or anticipated improvements to the system. Any such map (or update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 5.2 Design Markings. 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 of Federal Way'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. Section 6. Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform any and all activities authorized by this Franchise: (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 Code requirements, Franchise provisions, regulations, resolutions and rules, as now existing or as hereafter amended; and (3) as required by the Director. This requirement applies whether the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Section 7. Requirement to Obtain Permits 7.1 Permits and Permit Applications. Franchisee shall, at its expense, obtain all permits, (including rights -of -way permits), and pay all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work within the Franchise Area. Franchisee permit applications shall show the position and location of the proposed facilities to be constructed, laid, installed, or erected at that Ordinance No. Page 4 of 22 time, show their relative position to existing rights -of -way or property lines upon prints drawn to scale, designate rights -of -way by their names and improvements, 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 water pipes existing on the ground to be occupied, or as required by the Director. The Franchisee shall specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like -new condition for its type and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWRC and be satisfactory to the Director. All traffic control shall be in accordance with the right -of -way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices ( "MUTCD "). The Franchisee shall indicate on any 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 permit or approval. 7.2 Emergency 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 property, life, health or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (1) Franchisee informs the City of the nature and extent of the emergency, and the work to be performed, prior to commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. Section 8. Standard of Performance The Franchisee shall not excavate for a distance of more than one hundred feet (100') without Ordinance No. Page 5 of 22 immediately backfilling and compacting to surface grade and City standards. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the work day in which they have been opened. Trench areas within the right -of -way, but not with in a driving lane, must also be patched within the time limits specified by the City on the right -of -way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. Any asphalt overlay completed within the Franchise Area during the five (5) year -period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee shall install new asphalt overlay on any street that is open cut, whether in an emergency or otherwise, for a minimum of one (1) block (approximately 500 feet) in length in both directions from the open cut, unless determined otherwise by the Director. Within fifteen (15) days of 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, showing the "as- built" location of the Facilities. Section 9. Survey Markers and Monuments Franchisee shall, using a licensed 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 10. Surface Markings /Stakes Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highways, and other surveys. The reference points shall be located so that they shall not be disturbed during the Ordinance No. Page 6 of 22 Franchisee's operations under this Franchise. The method of referencing these monuments or other points shall be approved by the City before placement. 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, shall be borne solely by the Franchisee. A complete set of reference notes for monuments and other ties shall be filed with the City. Section 11. Right of City to Complete 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 ten (10) 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 or relocate facilities pursuant to Section 12 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, 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 reasonable overhead expenses and attorneys' fees; however, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical contractor. Section 12. Required Relocation of Facilities 12.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein Ordinance No. Page 7 of 22 include, without limitation, the construction, installation, and/or maintenance of any electrical, water, sewer or storm drainage line, 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 shall not be construed to in any manner prohibit the City from granting other and further Franchises in, under, over, upon, and along the Franchise Area, nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and general law. 12.2 City'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) Provide written notice of the required relocation to Franchisee 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 so that Franchisee may relocate its Facilities to accommodate the City work Nothing in this section shall be construed as to relieve Franchisee of its duty and obligation to relocate its Facilities, at Franchisee's sole cost, for any improvement project undertaken by, or on behalf of, the City in the interest of public health, safety, welfare, necessity or convenience, as adjudged in the sole discretion of the City. 12.3 Franchisee's Duties. Within thirty (30) days of receipt of the City notice under Subsection 12.2(a) requiring relocation and receipt of the plans and specifications pursuant to Subsection 12.2(b), Franchisee shall raise, lower, or move such Facilities within the Franchise Area at its sole cost and expense to the location or position directed by the City, to cause the least Ordinance No. Page 8 of 22 interference with the improvement, repair, or alteration contemplated by the City and to conform to such new grades as may be established. If the City improves a right -of -way, Franchisee shall, at its sole cost and expense, upon receipt of notice, replace the Facilities located in the improved subgrade of the improvement with substitute Facilities conforming to the specifications for the improvement of the right -of -way. Section 13. Damage Repair In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to rights -of -way, or to public and private improvements within or adjacent to rights -of- way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any 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 within or adjacent to rights-of- way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a right -of -way or an improvement as required in this section, the City may repair the damage pursuant to Section 11 of this Agreement. Section 14. Default 14.1 Notice of Default. In addition to other remedies set forth herein, if Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have sixty (60) days from the receipt of such notice in which to comply. 14.2 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 resolution, declare the franchise Ordinance No. Page 9 of 22 immediately revoked. Section 15. 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 16. Eminent Domain The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisees 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 Area conferred by this Franchise. Section 17. Vacation If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less than 30 days before vacating all or any portion of the Franchise Area. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Section 18. Compliance with Laws 18.1 General. Franchisee shall comply with all applicable federal, state and City laws, franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Policy Act; provided, however, that if any term or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise will control. Ordinance No. Page 10 of 22 18.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right -of -way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same. Section 19. Guarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair. Section 20. Charge for Administrative Costs Franchisee agrees to pay a fee or a charge of One Thousand and No /100 Dollars ($1,000.00) to recover the administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. Nothing herein shall preclude the City from charging administrative fees or recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the Federal Way Revised Code. Section 21. 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 liabilities (including costs and all attorney's 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 any provisions of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or Ordinance No. Page 11 of 22 damages arising from the negligence of the City, its agents or employees. In the event any claim, demand, suit or action is commenced against the City that gives rise to Franchisee's obligation pursuant to this Section 21, the City shall promptly notify Franchisee thereof. Franchisee's selection of an attorney to defend any such claim, demand, suit or action shall be subject to the City's approval, which shall not be unreasonably withheld. 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. Section 22. Insurance 22.1 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) The Franchisee agrees to procure and maintain for the duration of this Franchise and any renewals, general liability insurance against claims for injuries to persons or damages to property which may arise from, or in connection with Franchisee's facilities, operations, acts, and omissions under this Franchise at a level of no less than $1,000,000 per occurrence. (b) Automobile liability insurance with combined single limits of liability not less than $500,000 for bodily injury, including personal injury or death and property damage. 22.2 Mandatory Insurance Provisions. The general liability insurance and automobile liability insurance policies shall be endorsed to contain the following provisions: (a) The City, its officers, elected officials, employees, and volunteers are to be Ordinance No. Page 12 of 22 named as additional insured; (b) Coverage 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; 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 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. 22.3 Verification of Coverage. 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 prior to the commencement of any work. At the City's request, Franchisee shall deliver certified copies of all required insurance policies. Section 23. Bond Before commencing work within the City, the Franchisee shall post a bond in the form attached as Exhibit B and in the amount of $100,000 to guarantee performance of the construction, performance, maintenance or repair in accordance with any permits required and with any provisions of this franchise. Procedures for submission and release of the bond shall be as provided by City Code. In the event that the Franchisee fails to perform as required herein or by any permits required, the City may perform the work as provided herein, and may have recourse to the bond in addition to or in lieu of the remedies provided herein, at the City's sole discretion. Franchisee shall be entitled to return of the bond, or portion thereof, as remains sixty (60) days after the expiration of the term of the Franchise, provided the City has not notified Franchisee of any actual or potential damages Ordinance No. Page 13 of 22 incurred as a result of Franchisee's operations pursuant to the Franchise or as a result of default thereunder. Section 24. General Provisions 24.1 Entire Agreement. This Franchise contains all of the agreements of the 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. 24.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 24.3 Assignment. Franchisee shall not have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. 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 contest, to mortgage its rights, benefits and privileges in and under this Franchise to the Trustee for its bondholders. 24.4 Attorney 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 for the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, each party shall be responsible for its own attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington. 24.5 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 Ordinance No. Page 14 of 22 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. 24.6 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. 24.7 Authority. 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. 24.8 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: City: Joseph Mayer 312 S. 112th Street Tacoma, WA 98444 City of Federal Way Attn: City Attorney 33325 8th Avenue South Federal Way, WA 98003 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 shall be deemed received three (3) days after the date of mailing. 24.9 Captions. The respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 24.10 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 No. Page 15 of 22 Section 25. Severabilit_y If any section, sentence, clause, or phrase of this Franchise 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 Franchise. Section 26. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Section 27. 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 , 2016. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL Ordinance No. Page 16 of 22 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Ordinance No. Page 17 of 22 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted License and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this day of , 2016. Joseph E. Mayer Pamela R. Mayer Natalie E. Mayer Ordinance No. Page 18 of 22 EXHIBIT A LOCATION OF FACILITIES WITHIN THE FRANCHISE AREA City of Federal Way Parcel 321020 0107 Both parcels are owned by Joeseph Mayer. Map Dste: Nov 2014 at ot FederS Ws^,e .2.13258th Awe S Fed Way,. Ws. --M03 (Ft 2E.4,836-77.A1 INV!, wwor.c40edsraWay.com I1Y A C Federal Way LisAnnO, nwG, .PWK I This map is intend•ad for use as a graphtcal representation. The City of Federal Way makes no warranty as to As accuracy. Ordinance No. Page 19 of 22 EXHIBIT B CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned , ( "Principal ") and _, the undersigned corporation organized and existing under the laws of the State of and legally doing business in the State of Washington as a surety ( "Surety "), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation, ( "City ") in the penal sum of Dollars and No /100 ($ ) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated , 20_, for NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within a period of two (2) years after the completion of final installation or construction by the Principal, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the work in connection herewith. Within forty -five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the Ordinance No. Page 20 of 22 City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ( "USA &M "). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA &M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101 -2327. The Surety shall not interplead prior to completion of the mediation. DATED this day of , 20 . CORPORATE SEAL OF PRINCIPAL: [PRINCIPAL] By: Its (Name of Person Executing Bond) (Title) (Address) (Phone) CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary Ordinance No. Page 21 of 22 CORPORATE SEAL OF SURETY: By: APPROVED AS TO FORM: Amy Jo Pearsall, City Attorney Surety Attorney -in -Fact (Attach Power of Attorney) (Name of Person Executing Bond) (Address) (Phone) Ordinance No. Page 22 of 22