Council PKT 03-15-2016 Regular 41kCITY OF
,
Federal Way
CITY COUNCIL
REGULAR MEETING AGENDA
Council Chambers - City Hall
March 15, 2016 — 7:00 p.m.
www.cityoffedera/way.corn
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Proclamation: Federal Way High School Eagles Boys Basketball Team
b. Certificates of Recognition: Federal Way High School Boys Basketball 2016 4A State
Champions
c. Proclamation: Irish-American Heritage Week-March 13th- 19th
d. Tourism Spotlight: PowellsWood Garden Presentation
e. Best Start for Kid's Initiative-Sheila Capestany, King County
f. Mayor's Emerging Issues and Report
• 30th District Legislative Town Hall Meeting/City Hall-March 17th at 6:30 p.m.
• Neighborhood Connection Meeting/Saghalie Middle School-April 13th at 6:30 p.m.
• Report on Sound Cities Association (SCA) Convening of Cities on Homelessness—
Chief of Staff Brian Wilson
• Sea-Tac Airport Noise Report—Chief of Staff Brian Wilson
• FWSD"We Step Up" Color Run 5K—Saturday, March 26th—Celebration Park
• City Street Lights— Report by City Traffic Engineer Rick Perez
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 20, 2016 Council Retreat Summary; March 1, 2016 Regular Meeting
... page 3
b. Agreement with Public Health Seattle/King County to Provide Distracted Driving
Enforcement Funding ... page 20
c. Town Square Park Permeable Pavers ... page 23
The Council may add items and take action on items not listed on the agenda.
d. Town Square Park Paver Installation Bid Award ... page 24
e. Town Square Park Stainless Steel Columns Bid Award ... page 28
f. Town Square Park Playground Equipment ... page 29
g. Clear Wireless Site Lease Renewal ... page 31
h. 2016 NPDES Annual Report Submittal ... page 35
i. 2016 Asphalt Overlay Project— Bid Award ... page 57
j. S 304th Street at 28th Ave S Intersection Improvements— Project Acceptance ... page
62
k. Grant Funding for Transportation Improvement Projects—Authorization to Submit an
Application ... page 64
I. Olympic View'15 NTS—26th Ave SW (SW 328th St to SW 334th St) ... page 66
m. 2016-2017 Neighborhood Traffic Safety (NTS) Program—Bid Award ... page 70
6. COUNCIL BUSINESS
a. Resolution-Amendments to Council Rules of Procedure ... page 76
7. ORDINANCES
Second Reading
a. Council Bill #704/City of Tacoma Department of Public Utilities, Light Division
Franchise Extension ... page 113
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,WASHINGTON,
EXTENDING THE TERM OF THE FRANCHISE AGREEMENT ESTABLISHED IN ORDINANCE
06-517 AND GRANTING THE CITY OF TACOMA DEPARTMENT OF PUBLIC UTILITIES,LIGHT
DIVISION A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF
FEDERAL WAY,WASHINGTON,THROUGH THE FRANCHISE AREA WITHIN THE SPECIFIED
FRANCHISE AREA FOR PURPOSES OF CONSTRUCTING,MAINTAINING,REPAIRING,AND
OPERATING AN ELECTRICAL LIGHT AND POWER SYSTEM WITHIN AND THROUGH THE
CITY OF FEDERAL WAY. (AMENDING ORDINANCE NO.06-517).
b. Council Bill #705/New Cingular Wireless Franchise ... page 143
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
GRANTING NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY
COMPANY,A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF
FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE
PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS
WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES,
ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS-OF-WAY WITHIN AND
THROUGH THE CITY OF FEDERAL WAY. (REPEALING ORDINANCE NO. 15-800)
8. COUNCIL REPORTS
9. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
COUNCIL MEETING DATE: March 15, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft summary of the February 20, 2016 City
Council Retreat and draft minutes of the March 1, 2016 Regular City Council Meeting?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance
n Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk
Attachments:
Draft Summary of the February 20, 2016 City Council Retreat
Draft Minutes of the March 1, 2016 Regular City Council Meeting
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
DEPT: Mayor's Office
MAYOR APPROVAL:
CHIEF OF STAFF:
N/A N/A CITY CLERK APPROVAL:
Committee Council
N/A N/A
Committee Council
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 OF
44;44*•., Fec er l Way
2016 City Council Annual Retreat Minutes*
Retreat Date: Saturday February 20, 2016, 8:30 AM — 3:15 PM
Retreat Location: Dumas Bay Retreat Center
Facilitator: James Falconer Reid, The Falconer Group
CITY COUNCIL
33325 8th Avenue South
Federal Way, WA 98003 -6325
253 835 -2402
www.cityoffederalway.com
*Clerks Note: Attached to this summary is Facilitator Jim Reid's Minutes as EXHIBIT A.
Mayor Ferrell called the meeting to order at 9:02 a.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.
Mayor Ferrell reported the proposed Methanol plant project in the Port of Tacoma is on hold at this
time. He thanked Councilmember Maloney and Councilmember Honda and thanked the staff for the
information and turn around on this issue. He also thanked the city leadership for the quick work on that
issue; and he will continue to monitor.
Deputy Mayor thanked everyone for coming and noted the beautiful area and the Sound. We have a city
that works so hard with limited resources. The city has accomplished so much and so much more to do
and working on the projects and goals from last year.
Mayor Ferrell introduced facilitator Jim Reid.
Public Comment
Liz Drake, proud resident of Federal Way and very committed to the success of the city. She
spoke to the strong connection needed between the city and the school district.
Judy Zurligren, spoke in concern over illegal dumping near and in Lakota Creek and Joes Creek.
She encouraged Councilmembers to visit her property and view. She is concerned with the
habitat.
Lynn Long, thanked the council for listening to the Camp Kilworth supporters at the last
meeting. February 28th is the 80th birthday of the camp. She is concerned about Pacific Council
Federal Way City Council Retreat Minutes Page 1 of 3
February 16, 2016
obtaining permits to cut trees on the properties. She asked Council to please halt any permits
and give the camp time to develop the 501(c)(3).
Mary Ehlis, also speaking on behalf of Camp Kilworth, lives in the neighborhood and supports
the property use as -is. She is also concerned with the historic buildings on the property and the
logging of the trees.
Update on Major City Initiatives
• Economic Development — Discussion led by Economic Development Director Tim
Johnson
• IRG purchase of Weyerhaeuser campus — Discussion led by Chief of Staff Brian Wilson
regarding the next steps in the IRG purchase of the Weyerhaeuser property
• Town Center - Discussion led by Economic Development Director Tim Johnson.
• Downtown Design Guidelines, process & timelines — Discussion led by Community
Development Director Michael Morales
• Image /Rebranding, public input process — discussion led by Chief of Staff Brian Wilson
• University Initiative Update — discussion led by Chief of Staff Brian Wilson
Camp Kilworth
Chief of Staff Brian Wilson and City Attorney Amy Jo Pearsall spoke to the history and options regarding
the property. Community Development Director Michael Morales also answered questions regarding
the current zoning for the property.
Council Rules of Procedure
City Attorney Amy Jo Pearsall reviewed various portions of the Council Rules where Councilmembers
have made suggestions to modify. The following sections were discussed:
• Section 3.5 When Agendas are Published and How
• Section 16 Council Travel & Expenses
• Section 17 Public Records
• Section 19 Process for Selecting Commission Members
• Section 19.10 Interviews of Alternates prior to appointment as Voting Member
• Section 20.7 Alternates to Committees
• Section 20.8 Role of Deputy Mayor as Ex Officio Member of Council Committees
At 12:32 p.m. Mr. Reid recessed the meeting to break for lunch.
Mr. Reid called the meeting back to order at 1:13 p.m.
Multi - Family Housing Inventory
Community Development Director Morales led a discussion on the current Multi - Family Housing
Inventory.
Federal Way City Council Retreat Minutes Page 2 of 3
February 16, 2016
Homelessness
Community Development Director Morales also led a discussion on Homelessness. Topics included the
One Night Count — Federal Way; Children /Young Adult Homelessness; and Partnerships Development to
Address Homelessness.
OpenGov Council Discussion
Finance Director Ade Ariwoola led the discussion on the OpenGov Financial Software.
Dumas Bay Retreat Centre
Parks Director John Hutton and Dumas Bay Centre Manager Rob Ettinger led the discussion on the
facility and the vision for the future of the property.
This item was not discussed further, as it was announced the project is currently on hold.
Public Comment
Betty Taylor, spoke about applying to a Commission and being appointed as an alternate and
not a voting member. She was pleased it was brought to the attention of the Council and is
grateful for them looking at this issue.
Betty Simpson, thought it was a good retreat and a lot of things were discussed. She would like
to see Federal Way Days brought back and would like to see a deck added to the facility.
Mayor Ferrell and Deputy Mayor Ferrell thanked everyone who attended and participated in the retreat.
There being nothing further on the agenda, Mayor Ferrell adjourned the meeting at 3:52 p.m.
Attest:
Stephanie D. Courtney, CMC
City Clerk
Approved by Council:
Federal Way City Council Retreat Minutes Page 3 of 3
February 16, 2016
EXHIBIT A
CITY OF FEDERAL WAY CITY COUNCIL
ANNUAL STRATEGIC PLANNING RETREAT
Saturday, 20 February 2016 Dumas Bay Retreat Centre 9:00 a.m. - 3:45 p.m.
DRAFT SUMMARY
OF THE MEETING'S KEY DISCUSSIONS, DECISIONS AND AGREEMENTS
REVISED ON ]L MARCH 2 1161 PER THE COI i M ENTS OF DEPUTY MAYOR
SIN'.
JEANNE BUR ;IDGE AND CITY ATTORNEY AMY JO EARSALL
THE COUNCIL'S DISCUSSIONS, DECISIONS, AND AGREEMENTS
Here are the highlights of the discussions and agreements during the Federal Way City
Council's 2016 Annual Strategic Planning Retreat.
ECONOMIC DEVELOPMENT
Following Economic Development Manager Tim Johnson's briefing, Councilmembers
stated that they are interested in the City: 1) proactively retaining existing businesses and
recruiting new ones; and 2) learning what other cities across the nation have done to
stimulate job creation and expansion. The Council suggested that one strategy to
achieve these interests is for the City of Federal Way to build or strengthen partnerships
with business organizations, such as the Chamber of Commerce, and institutions of
higher education. Mayor Ferrell provided an illustration of the City's partnerships with
businesses. The City closely monitored the purchase of the Weyerhaeuser property by
the Industrial Realty Group (IRG). IRG's CEO flew to town to meet with the Mayor, and
the City and IRG pledged to continue to coordinate and communicate as IRG
determines the building's future and recruits new tenants.
Tim suggested that the Council could play a key role in helping to promote Federal Way.
He also asked Councilmembers share their extensive knowledge of the community with
staff.
A theme of Tim's briefing was that Federal Way's economic climate is "positive and
improving." Stronger tenants are interested in the Commons Mall and City Center Plaza,
while Macy's and Wal- Mart's Federal Way stores are doing well. Three former grocery
stores are being repurposed and, given their locations, are likely to attract good tenants.
The National Special Olympics is coming to Seattle in July 2018; swimming events may be
held at the Weyerhaeuser King County Aquatic Center. And the Seattle Sports
Commission is applying to host the U.S. Diving Team Trials at the Center in 2018 or 2019.
Tim cited a big challenge to economic growth in the community: sustaining small
businesses. The City is trying to meet that challenge by assisting "mom and pop" shops
and small entrepreneurs in applying for loans under the federal Community Reinvestment
Act.
TOWN CENTER AND DOWNTOWN DESIGN GUIDELINES
The primary outcome of this discussion was that all Councilmembers expressed interest in
providing leadership on the future of Town Center and the development of design
guidelines. They want to be partners with the Administration in ensuring that: 1)
downtown Federal Way has a "sense of place;" 2) Town Center is an attractive, vibrant
downtown that stimulates economic growth throughout the community; and 3)
businesses that locate to Town Center enhance the Performing Arts and Events Center
(PAEC). Councilmembers also want the City to influence the design of Sound Transit's
new station to ensure its architecture is consistent with the design of Town Center. Finally,
the Council stated its interest in involving the public and business community in the
development of Town Center and its design guidelines.
To launch this conversation, Tim briefed the Council on progress implementing the vision
for Town Center. With the PAEC expected to open in 2017, the City is working to locate
an "upper mid - scale" hotel adjacent to it. Tim expects the City to receive three to five
proposals from hoteliers by the 15 April deadline. This could mean that the Council
approves one of the proposals in June or July.
The City is also issuing a "Letter of Intent" to solicit businesses to propose projects on the
site of the former Target store. He acknowledged that the Mayor and Council have
previously suggested that this site as a "perfect fit" for a branch campus of WSU or the
UW, and the City has had discussions with representatives of the two universities about
locating in Federal Way. Tim asked Councilmembers to suggest to him businesses that
they believe might be appropriate candidates for this property, and to share with the
Administration what they hear from constituents about the development and design of
Town Center. Tim believes the City could select a business or entity to develop the former
Target site in early 2017.
He also commented that the City and Chamber of Commerce have worked together to
develop a "relocation guide" to attract new businesses to Federal Way.
Councilmembers requested frequent communication with and regularly scheduled
briefings from the Administration about Town Center and the design guidelines so that
they can be "out front" on these issues and work closely with the Mayor and his staff.
They were enthusiastic about using the City's website and other social media to get the
word out to the community and "tap into what the community is talking about."
IMAGE AND REMANDING THE CITY
The City is working with Rusty George Creative of Tacoma on the rebranding of Federal
Way. A community survey is being developed. Councilmember Maloney asked if the
Council could see it before it goes out; the Mayor's Chief of Staff, Brian Wilson, said he
would work to accommodate that request. Brian stated that a "social media blast" will
help fuel citizen interest in participating in the survey, and the Council will be briefed on
the results on 14 March.
2
THE UNIVERSITY IMTIATIVE
The City is interested in attracting a branch campus of WSU or UW to Federal Way, with
the site of the former Target store a prime candidate. MGT America is doing a "needs
assessment" at the City's request. The City has received the Chamber of Commerce's
support in pursuing a university branch campus. One Councilmember suggested that
the City confer with businesses throughout the region about the attraction of placing a
branch campus in Federal Way and how specifically it might enhance Federal Way's
attraction to businesses.
CAMP KILWORTH
From the discussion of the Boy Scout Camp Kilworth emerged a consensus among the
Council that the camp is a huge asset to the quality of life in Federal Way and should be
maintained as a camp and open space. Mayor Ferrell and the Council agreed that the
City should assist the parties —the Boy Scouts and the Kilworth Foundation —in reaching
agreement to preserve the camp.
To achieve the City's interest, the Mayor and Council agreed to: 1) get clarity from the
Boy Scouts and Kilworth Foundation about their intentions for the camp; 2) express the
City's interests in preserving the camp and assisting the parties in helping maintain the
status quo; and 3) ask for clarity about a 1 March deadline for determining the camp's
future (is the deadline "hard and fast ? ").
The Council and Mayor also agreed to prepare to explore other options for preserving
the camp. For example, the City is already developing a historic preservation ordinance
that could confer "protected status" on the property. But the Mayor and Council
reiterated that there are "too many unknowns and we need clarity" on what the Boy
Scouts and Kilworth Foundation are considering for the camp's future.
Two of the four citizens who spoke at the start of the retreat, Lynne Long and Mary Ehlis,
commented about the future of Camp Kilworth. They asked the City to help preserve the
camp, including the big trees on the property.
COUNCIL RULES
City Attorney Amy Jo Pearsall guided the Council through a discussion of some of its
Rules of Procedure. Here are the Council's agreements on changes to the rules:
1. Council Rule 3.5: This rule will be changed to require that the final agenda for City
Council meetings will be delivered to Councilmembers by 5 p.m. the previous
Thursday. Amy Jo will draft the proposed changes to Rule 3.5 and submit them
to the Council.
2. COUnCII Rule 16: Amy Jo will have staff investigate the practices of other
municipalities for allowing travel by Councilmembers to conferences and
seminars where they would officially represent the City, and for reimbursing the
members for such travel costs. Council is interested in a specified process for
determining appropriate travel and reimbursement. Amy Jo will present the
findings of staff's research to the Finance, Economic Development, and
Regional Affairs Committee (FEDRAC), and will work with the Council to draft
3
proposed updates to Rule 16 based on that research. The Councilmembers
stated that they expect this issue to be raised again during the adoption of the
City's budget, which will include a budget for the operations of the City Council.
3. Council Rule 17: The Council decided to make no changes to how the City deals
with Public Records requests. Amy Jo told the Council that the City "casts a
wide" net in terms of responding to such requests, and informs everyone whose
emails and other communications are provided as part of the requests.
4. Council Rule 19.10: Councilmembers expressed an interest in ensuring that the
members of City Commissions are vibrant and engaged. To that end, Council
agreed to change Rule 19.10 so that incumbents on City Commissions are not
automatically reappointed. Instead, when a term expires, the City will publish
that fact and solicit applications. The most qualified candidates will then be
interviewed. Assuming that the applicants are impressive, the number of
alternates may be increased to provide more people with the opportunity to
participate and to increase the pool of potential candidates for the
Commissions when there are vacancies or when terms expire.
When there is a mid -term vacancy on the Commission, alternates may be
interviewed as part of the process of filling it, but only if they have not recently
been interviewed. Council will have further discussion about how long that
timeframe will be. Some suggestions were six months or one year.
Amy Jo will draft the proposed changes to Rule 19.10 and submit them to the
Council.
5. COMIC!' Rule 20.8: Council agreed to change this rule so that the Deputy Mayor can
become a voting member of a Council Committee when a quorum of the
Committee cannot be achieved. This new rule will create an opportunity to
create a quorum and allow the meeting to proceed. When a Councilmember is
late and the Deputy Mayor has participated in the discussions and is prepared
to vote, she /he will still be allowed to do so even as the permanent Committee
member joins the proceedings.
Councilmembers also agreed that it is at the discretion of the Committee Chair
to decide how long to wait for a Committee member who is late. Ten minutes
appeared to be the reasonable amount of time to delay convening the
meeting, based on the sentiments that Councilmembers expressed during this
discussion.
MULTI - FAMILY HOUSING INVENTORY
During this discussion, the Council reflected concerns in the community that the three
new large multi - family housing developments being constructed in Federal Way are all
Section 8 or low- income housing. Councilmembers are interested in addressing the
needs of low- income people while balancing the stock of multi - family housing to serve
people of all income levels. No matter whom the new housing serves, the City would like
to raise standards so that multi - family housing developments fit in the neighborhoods,
including Town Center, and contribute to improving Federal Way's image. The Council
4
also expressed an interest in working closely with the Federal Way School District to
ensure that the schools can plan for and handle the influx of new students.
Community Development Director Michael Morales listed a number of potential code
changes that might raise the standards of multi - family housing in the community. The
following code changes could be adopted for multi - family developments of twenty or
more units:
• Require structured parking.
• Require commercial on the ground floor in all zones (CC -C, CC -F, BC, BN, and
MF)
• Prohibit concentration of three, four, and five bedroom units in one area.
• For larger projects, require laundry rooms, storage areas, and common areas for
social gathering.
• Provide multiple small parking lots in lieu of one large lot.
• Amend the zoning code to not allow private yards, patios, and balconies, as well
as common areas such as recreation rooms, rooftop terraces, pools, active
lobbies, and atriums to be credited to open space requirements.
• Provide each household with some form of useful private open space, such as a
patio, porch, deck, balcony, yard, or shared entry porches or balconies.
• Minimize the bulk and massive appearance of large structures through the use of
varied sloping rooflines, varying roof heights, and directions and shapes of the
roofline to visually breakup a large structure.
• Minimize bulk of buildings by restricting the number of units in each building.
• Increase setbacks with height.
The Council proposed that the City take stock of existing multi - family housing before
adding more. And to help achieve the economic development goal of attracting high -
end jobs to Federal Way, the City should encourage mixed use developments and the
higher quality multi - family housing that the above potential code changes could
produce.
Other strategies that various Councilmembers suggested were: 1) Educate the public
about the need for a diverse housing stock to accommodate a diverse population; 2)
Assist the School District in identifying appropriate sites for new schools; 3) Coordinate
with the other cities in King County to ensure that cities on the eastside of the County are
accepting their fair share of affordable and low- income housing; 4) Coordinate with
such entities as the King County Housing Authority to obtain the latest, most accurate
data on housing needs, affordability, and availability; 5) Prevent illegal conversions
(where more people live in a home, apartment, or condo than the law allows); and 6)
Improve the existing stock of multi - family housing.
HOMELESSNESS
As Michael Morales illustrated, the City of Federal Way is doing quite a lot to address the
needs of homeless people within the community. The City is also participating in regional
efforts, particularly in South King County, to address the increasing number of homeless
people. Yet the 29 January 2016 overnight homeless count indicated a 150% increase in
the number of homeless people in Federal Way since January 2015.
5
To build upon existing initiatives, the Councilmembers suggested that the City: 1) work
with King County Councilmember Pete von Reichbauer to address homelessness
regionally; 2) balance the needs of homeless people and surrounding neighborhoods; 3)
get the word "out on the street" that Federal Way is not a mecca for homeless people
and that the City will not tolerate lawlessness; and 4) hire homeless people to give them
the income that will enable them to move into permanent housing.
OPENGOV SOFTWARE
As a result of the discussion about the OpenGov software, the Council agreed that
financial information the City posts on its website, including the City's budget, needs to
be more understandable, accessible, and interactive.
The Mayor's Chief of Staff Brian Wilson told the Council he will ask Rusty George if it
possible to insert into the community survey a question or two about how the public gets
its information about the City's finances and what forms would be most appealing and
understandable. The Council directed the Mayor to work with the departments to try to
use graphics, such as "pie charts," to more clearly, easily, and engagingly present the
City's finances and budget on its website.
The Mayor and Council also expressed enthusiasm for the idea of putting programmatic
budgeting on public affairs Channel 21. They suggested that the public be encouraged
to submit questions that would be addressed by the program.
BOLAS BAY RETREAT CENTRE
As a result of the briefing by Parks and Recreation Department Director John Hutton and
Dumas Bay Retreat Centre manager Rob Ettinger, the Council agreed that it should hold
a special study session to discuss a long -term vision for the Centre. Councilmembers
would like information about what the seven items on Rob's "wish list" would cost, and
how the Administration would prioritize them. They also agreed that a Tong -term capital
plan is needed. Although the City has spent approximately $300,000 in the last few years
to maintain the facility, Rob estimated that a capital plan could reveal the need for
improvements in the range of half a million dollars. With other worthwhile projects facing
the City, the Council strongly supported having a vision and plan to guide future
decisions regarding the City's investment in the Centre.
CONCLUSION
At the beginning and end of the retreat, Federal Way residents offered their thoughts
and ideas to the Mayor and Council. Liz Drake of the Federal Way School Board
distributed the Board's 2016 State Legislative Platform and invited the City to "add your
voice to ours" in advancing it in Olympia. Judy Zurilgen asked the City for stronger
enforcement of the code to prevent the dumping of garbage along Lakota Creek.
Lynne Long and Mary Ehlis provided testimony about the need to preserve the Boy Scout
camp and open space at Camp Kilworth, which they cited as a neighborhood and
community asset. Betty Taylor described her experience serving as an alternate on a
Commission and supported changes the Council discussed earlier to the process of
6
elevating alternates to voting members. Bette Simpson asked the Council to bring back
Federal Way Days.
Mayor Ferrell and Deputy Mayor Jeanne Burbidge thanked the public for attending, the
staff for organizing the retreat and presenting materials to guide the discussions, and the
other Councilmembers for a "very good day of discussions and exploration."
The retreat adjourned at 3:45 p.m.
7
A***_, Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
March 1, 2016 — 7:00 p.m.
www.citvoffederalway.com
1. CALL MEETING TO ORDER
Mayor Ferrell called the Regular Meeting to order at 7:03 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
Jim Stiles
led the flag salute.
3. PRESENTATIONS
a. Certificates of Appointment - North Lake Management District Committee
Councilmember Maloney stated at the February 16th meeting, Council reappointed Charles Gibson,
Mary McClellan - Aronen, Brian Cleary, and Terrance Thomas, II to the North Lake Management
rY rY �
District Advisory Committee. She invited those members in attendance to come forward as she read
and presented their certificates of appointment. Mr. Thomas II thanked the Council and noted the
Surface Water Division is doing an outstanding job.
b. Mayor's Emerging Issues and Report
Performing Arts & Event Center Director Theresa Yvonne updated Council on the ongoing capital
fundraising campaign and naming rights opportunities. She thanked Linda & Paul Ellingson who
recently named the Cafe and Bar; and Elinor and Dick Shenk who named the Green Room. Ms.
Yvonne reported the Federal Way Coalition of the Performing Arts has raised a total of $818,177.00;
and has an additional $49,700.00 in pledges. She also noted the seat naming campaign is ongoing.
Performing Arts & Event Center Project Manager EJ Walsh updated Council on the construction
progress of the project. He noted the estimated completion date is Summer 2017 and currently
the project has 415 days remaining out of the anticipated 540 calendar days of construction. He
visually depicted based on construction photos where the back of the stage and orchestra pit will
be built.
Federal Way City Council Regular Minutes Page 1 of 6
March 1, 2016
• Council Annual Retreat Report
Deputy Mayor Burbidge was pleased to report on the Council Retreat which was held Saturday,
February 20th at the beautiful Dumas Bay Centre. She feels it was a very successful retreat with many
topics covered including Economic Development, Rebranding, and updates to Council Rules of
Procedure.
Councilmembers agreed the retreat was very helpful and many great ideas and topics were
discussed. Councilmember Duclos asked to have the facility itself (Dumas Bay Centre) be added to a
work plan for much needed upgrades including future window replacement.
Mayor Ferrell stated thanked Councilmember Duclos and noted he has also talked with
Councilmember Honda about an Ad -Hoc group to look at the facility, visioning and road map for the
beautiful property. He also noted the retreat was video recorded and will be edited to a reasonable
amount of time and then replayed on FWTV Channel 21 and the city's YouTube channel.
• Tacoma Methanol Plant Update
Mayor Ferrell reported on the recent Special Council Meeting where the City Council unanimously
approved a Resolution regarding opposition to the current process and scoping of the Port of
Tacoma's proposed Methanol Plant. It was recently announced that process and scoping has been
paused. Mayor Ferrell and Councilmembers agreed it is important to realize this is not a withdrawal of
the proposal, but a pause in the project. He noted staff will keep an eye on the project.
• Sound Transit ST2 Update
Mayor Ferrell reported last Thursday, the Sound Transit Board passed Resolution R2016 -20 to
restore $2.9 million in funding under ST2 for preliminary engineering for the Federal Way Link
Extension. He thanked the hard work and effort of King County Councilmember Pete von Reichbauer.
• Camp Kilworth Update
Chief of Staff Brian Wilson updated Council on information regarding the Camp Kilworth property. He
noted the Pacific Harbors Council has made the decision to close several camps as of March 1, 2016
based on financial reasons of expenditures are exceeding revenues. The camps being closed are:
Camp Kilworth; Camp Delezenne; Camp Curren; and Camp Hohobas.
With the closure of the camp, the city understands the property will revert back to 1934 Deed and two
Trusts: William Kilworth Trust and Florence Kilworth Trust; which are managed by a Tacoma Law
Firm. Mr. Wilson noted the Pacific Harbors Council will be meeting with representatives for the Trusts
on March 9, 2016.
Camp Kilworth is small (23 acres) in comparison to the other camps such as Camp Thunderbird (200
acres), and has Rotary Lodge which was built in 1930 on the property. The estimated expense of the
camp is approximately $30K per year (not including liability insurance) which exceeds the annual
revenues. Pacific Harbors Council intends to remove trees from this property for safety reasons, and
will obtain a permit prior to any cutting. Mr. Wilson stated the city will remain engaged with Pacific
Harbors Council and concerned citizens and groups regarding the status of the property.
• Neighborhood Connection Meeting
Mayor announced the next meeting Neighborhood Connection Meeting will be Wednesday, April 13th
Federal Way City Council Regular Minutes Page 2 of 6
March 1, 2016
at 6:30 p.m. at Saghalie Middle School. He also noted he attended the Rotary Gala with several
Councilmembers; which was a wonderful event and raising money for the Town Square Park.
4. CITIZEN COMMENT
Philip Matonti, spoke on behalf of Twin Lakes residents. He stated he has over 30 years of
experience in water treatment and the issue at Lake Jeane has a long history tracing back decades.
He noted the Twin Lakes Golf and Country Club did not cause the issue, and do not own the lake
water. He requested the city council review the request as a private matter between the residents; the
Golf and Country Club and the State.
Betty Taylor, spoke in continued concern over lack of lighting in areas of the city including near City
Hall.
Norma Blanchard, long -time resident of Federal Way, feels the Council retreat was the worst she has
ever seen. She asked if the city is looking at changing the name with the Rebranding Initiative.
Bob Woolley, noted he spoke at the last Council meeting regarding Lake Jeane and is hopeful to
resolve the situation. He thanked Chief of Staff Wilson and Public Works Director Salloum for meeting
with him and other lake residents. He will continue to work with the Department of Ecology and the
State Health Department.
Mayor Ferrell thanked Chief of Staff and Mr. Salloum for assisting with the Lake Jeane issue and
keeping the lines of communication open between all parties. He also asked Chief of Staff to work
with Public Works Director Salloum on the city street light concern raised.
Chief of Staff asked for Ms. Taylor and Council to give specific instances and locations for staff to
research, as responsibility of lighting varies throughout the city. In response to another question
raised, Mr. Wilson, noted the city has retained the services of Rusty George Creative for the
rebranding initiative and is currently in the information gathering stage; he is unaware of any efforts to
rename the city.
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: February 11, 2016 Special Meeting; February 16, 2016 Regular Meeting
b. Monthly Financial Report — December 2015
c. Vouchers — December 2015
d. Resolution: Adopt the Amended ICMA Retirement Corporation 401 Government
Money Purchase Plan and Trust
e. AMANDA Systems Upgrade Contract Amendment
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA AS
PRESENTED; COUNCILMEMBER ASSEFA - DAWSON SECOND. The motion passed
unanimously.
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
Federal Way City Council Regular Minutes Page 3 of 6
March 1, 2016
6. ORDINANCES
First Reading
a. Council Bill #704/ City of Tacoma Department of Public Utilities, Light Division
Franchise Extension
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
EXTENDING THE TERM OF THE FRANCHISE AGREEMENT ESTABLISHED IN ORDINANCE
06 -517 AND GRANTING THE CITY OF TACOMA DEPARTMENT OF PUBLIC UTILITIES, LIGHT
DIVISION A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS -OF -WAY OF THE CITY OF
FEDERAL WAY, WASHINGTON, THROUGH THE FRANCHISE AREA WITHIN THE SPECIFIED
FRANCHISE AREA FOR PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING, AND
OPERATING AN ELECTRICAL LIGHT AND POWER SYSTEM WITHIN AND THROUGH THE
CITY OF FEDERAL WAY. (AMENDING ORDINANCE NO. 06 -517).
John Mulkey, Streets Systems Manager gave a brief report on the proposed ordinance. He noted
the franchise extension would grant the City of Tacoma, Department of Public Utilities, Light
Division an extension to continue to install, operate, and maintain an electrical light and power
system with the City of Federal Way rights -of -way. The term of the extension is for an additional
ten (10) years commencing with the effective date of the franchise if approved.
City Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
MARCH 15TH COUNCIL MEETING TO SECOND READING AND ENACTMENT;
COUNCILMEMBER KOPPANG 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
b. Council Bill #705 /New Cingular Wireless Franchise
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
GRANTING NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS -OF -WAY OF THE CITY OF
FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE
PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS
WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES,
ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS -OF -WAY WITHIN AND
THROUGH THE CITY OF FEDERAL WAY. (REPEALING ORDINANCE NO. 15 -800)
City Attorney Amy Jo Pearsall gave a brief report on this item. She noted this franchise agreement
came before Council and was approved; however the agency failed to return the documents in the
allotted time. This Ordinance repeals the previous Ordinance #15 -800
City Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
MARCH 15TH COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
COUNCILMEMBER MOORE 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
Federal Way City Council Regular Minutes Page 4 of 6
March 1, 2016
Second Reading /Enactment
c. Council Bill #702 /Lakehaven Utility District Franchise Agreement
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
City Attorney Amy Jo Pearsall gave a brief report on this Ordinance. She noted there were
minor changes after the First Reading on February 16th. She outlined the changes as affecting
only Sections 5 and 17, and do not impact the substantive provision of the Franchise. The
modifications simply adjust the timing of the payment for greater efficiency and clarity.
City Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE
AS PRESENTED TONIGHT; COUNCILMEMBER MOORE 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
d. Council Bill #703/21 st Ave S (S 316th to S 320th St) Pedestrian Improvements —
Condemnation Ordinance
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 21STAVE 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.
City Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER MALONEY MOVED APPROVAL OF THE PROPOSED
ORDINANCE AS PRESENTED TONIGHT; COUNCILMEMBER ASSEFA - DAWSON
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
7. COUNCIL REPORTS
Councilmember Assefa- Dawson wished Councilmember Honda a very Happy Birthday.
Federal Way City Council Regular Minutes Page 5 of 6
March 1, 2016
Councilmember Maloney noted she attended the Rotary Gala which was a phenomenal event and
gave kudos to host John Curly.
Councilmember Honda thanked her colleagues for singing Happy Birthday to her, and noted she
shares a birthday with the day of the city's incorporation and the day Camp Kilworth property was
deeded to the Boy Scouts. She thanked the Historical Society for changing the flags out at the Webb
Center (near S 320th Street and Highway 99). She was pleased to be a part of the PAC -12
Championship Swimming and Diving Events; which also bring tourism dollars to the city. She
highlighted events and opportunities for families at nearby Cheney Stadium. She attended a birthday
party at Camp Kilworth on Sunday night; this property means a lot to her family.
Councilmember Koppang was happy to report he attended his first Council Retreat as a member of
the Council and appreciates the dialog and discussion between all involved. He recently traveled to
San Diego, California and admired the walkability of the community and the pedestrian friendly
environment. He would like to see these elements in Federal Way's downtown. He also attended the
Rotary Gala as a proud Kiwanian, raising money for a great cause with good community partners.
Councilmember Moore thanked his colleagues for the Council Retreat, and for listening to his
proposal for a financial tool software program; he will continue to look for ways to move our city into
the 21st century. He noted today is a sad day for Camp Kilworth which is a piece of our history. He
thanked Chief of Staff for touring the property and listening to the scouts. He recently visited the
Tacoma Musical Playhouse and is excited for our own Performing Arts and Event Center.
Councilmember Ductos recently visited the Federal Way Senior Center and spoke with the new
Executive Director Shelley Puariea and invited her to attend an upcoming meeting. She will be visiting
classes at Thomas Jefferson High School to discuss city government. She thanked everyone who
attended the Special Meeting and gave testimony on the Methanol Plant. She agreed the Council
Retreat was productive; and she would like to see Dumas Bay Centre higher on the priority list for
repairs.
Deputy Mayor Burbidge noted her son also enjoyed Scout Camp as a Cub Scout at Camp Kilworth
and has many fond memories. Last week she attended the Economic Development Council for
Seattle -King County in Seattle where presentations were made regarding the real estate market. She
also attended the Rotary Gala on Saturday; and on Sunday the Jet Cities Chorus performance at
Todd Beamer High School. She also reported on upcoming events in the Performing Arts.
8. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at
8:22 p.m.
Attest:
Stephanie D. Courtney, CMC
City Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page 6 of 6
March 1, 2016
COUNCIL MEETING DATE: March 15, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5b
SUBJECT: AGREEMENT WITH PUBLIC HEALTH SEATTLE /KING COUNTY TO PROVIDE DISTRACTED DRIVING
ENFORCEMENT FUNDING.
POLICY QUESTION: Should the City of Federal Way accept $3,500 for the Distracted Driving Enforcement
Campaign from April 1, 2016 — April 30, 2016.
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: March 8, 2016
SAFETY COUNCIL COMMITTEE (PRHS &PS)
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: LIEUTENANT KURT SCHWAN
Attachments:
1. PRHS & PS Memo
2. Public Health Agreement for Distracted Driving Campaign
Options Considered:
1. Accept Proposal
2. Reject Proposal
MAYOR'S RECOMMENDATI :
MAYOR APPROVAL:
CHIEF OF STAFF:
DEPT: Police
DIRECTOR APPROVAL:
Initial
COMMITTEE RECOMMENDATI►� : "I move to forward the Public Health Agreement for Distracted Driving to
the March 15, 2016, City Council Consent Agend
Comm tt e Chair
Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Public Health Agreement for Distracted Driving
Enforcement and authorize Chief Andy Hwang to sign the 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 #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: February 23, 2016
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Agreement with Public Health Seattle /King County for Distracted Driving
Campaign
The Washington Traffic Safety Commission (WTSC) and the City of Federal Way have an
existing partnership, focused on Impaired Driving, Seat Belts and Distracted Driving overtime
funding. WTSC funding has allowed Federal Way Police to strengthen this enforcement through
overtime funded patrols.
Public Health Seattle /King County is a WTSC partner and a member of the King County Target
Zero Team, of which FWPD is also a partner. The Emergency Medical Services Division of
Public Health has secured $3,500 to assist with the scheduled King County Distracted Driving
Campaign using plain clothes officers to assist with enforcement efforts and has selected FWPD
to be the recipient of those funds. The FWPD will use $1,500 from the Nick and Derek DUI and
Distracted Driving Program for this campaign as well.
This campaign will be conducted April 1st through 30th, 2016.
1
Emergency Medical Services Division Public Health a
401 Fifth Avenue, Suite 1200
Seattle, WA 98104 -1818 Seattle & King County
206 - 296 -4693 Fax 206 -296 -4866
TTY Relay: 711
www.kingcounty.gov /health Agreement in Accordance to Contract Purchase Agreement
Federal Way Police Department (FWPD)
and
Emergency Medical Services Division Public Health — Seattle /King County
April 1- 30, 2016 Distracted Driving Campaign
Background:
From 2009 to 2012, distracted driver - involved crashes accounted for 20 percent of all traffic deaths and of serious traffic injuries in
King County according to data from the Washington Traffic Safety Commission. Distraction can include eating, reading, or adjusting
music while driving but researchers are finding the dangers related to cell phone distraction are most alarming.
Project Goal:
180 contacts for a variety of distracted driving behaviors that could cause collisions.
Tactics:
Enforce the current Washington State distracted and aggressive driving laws through a distracted driving campaign along South 320th
between 1100 and 2300 blocks and on Pacific Highway South from 31200 — 33600 blocks- utilizing an officer in plain clothes and
dressed as a construction worker with a High -Vis safety vest in a coned off lane of travel with a City of Federal Way Public Works
vehicle. The vehicle would have its amber lights activated and the plain clothes officer would be observing traffic for distracted
driving violations or any other serious /dangerous violations. Traffic officers on motorcycles would be utilized as chase vehicles to
apprehend violators by the plain clothes officer and reported via police radio to the traffic officers. FWPD will implement this
program provide along the targeted areas from April 1- 30 2016.
Federal Way Police Department Deliverables:
From the FWPD Nick and Derek fund - $1500 will be dedicated to this distracted driving campaign by utilizing motorcycle officers to
provide additional support. The Nick and Derek fund was developed by the Federal Way Police Department in partnership with
families of two Federal Way teens who lost their lives to a drunk driver.
To support this service as provided by the FWPD, Emergency Medical Services Division of Public Health Seattle /King County will
reimburse the city for overtime costs up to $3,500 in exchange for the data collected as outlined in this agreement. The funding will
be used to provide dedicated patrols in the aforementioned affected areas during the specified dates. As a result of this distracted
driving campaign, FWPD shall report to Emergency Medical Services Division of Public Health Seattle /King County the following
information:
The quantity and types of infractions, citations, warnings, stops, etc. during FWPD's emphasis patrols from during the agreed upon
dates.
INDEMNIFICATION: Each party shall protect, defend, indemnify and save harmless the other party, its officers, officials, employees
and agents while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses,
penalties, judgments, and /or awards of damages, of whatsoever kind arising out of, or in connection with, or incident to the
activities associated with this Agreement caused by or resulting from each party's own negligent acts or omissions. Each party agrees
that it is fully responsible for the acts and omissions of its own subcontractors, their employees and agents, acting within the scope
of their employment as such, as it is for the acts and omissions of its own employees and agents. Each party agrees that its
obligations under this provision extend to any claim, demand, and /or cause of action brought by or on behalf of any of its
employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity
under Washington's Industrial Insurance act, RCW Title 51, as respects the other party only, and only to the extent necessary to
provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties
acknowledge that these provisions were specifically negotiated and agreed upon by them.
Andy J. Hwang
Chief of Police
Federal Way Police Department
Jim Fogarty
Emergency Medical Services Division
Public Health — Seattle and King County
Date: Date:
COUNCIL MEETING DATE: March 15, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5c
SUBJECT: PERMEABLE PAVERS
POLICY QUESTION: Should the City accept RFQ results for the supply of permeable pavers for Town Square
Park, and authorize the Mayor to enter into a purchase agreement with the successful company?
COMMITTEE: PRHSPS
MEETING DATE: 3/8/16
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephen Ikerd — Deputy Parks Director DEPT: Parks
Background: Staff solicited quotes to supply permeable pavers for the Town Square plaza. Five (5) companies
were sent request for quotes. One company responded; Mutual Materials quote was within the engineer estimate.
Options Considered:
1. Authorize an award for the supply of pavers for Town Square Park in the amount of $30,000 which
includes 10% contingency to Mutual Materials and authorize the Mayor to execute said agreement. (This
amount is included in the approved park budget)
2. Do not authorize an award for the supply of pavers for Town Square Park to Mutual Materials and
provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:
CHIEF OF STAFF:
Comma e
Initial/Date
oun
itial/Date
DIRECTOR APPROVAL:
Council
Initial/Date
Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the authorization of an award for the supply of pavers for
Town Square Park in the amount of $30, 000 to Mutual Materials and authorize the Mayor to execute said
agreement and forward to the March 15, 2016 Full Council consent agenda for approval.
Committee Chair
Committee ember
its
Committe - ';i em , r
PROPOSED COUNCIL MOTION: "I move approval of authorizing an award for the supply of pavers for Town
Square Park in the amount of $30, 000 to Mutual Materials and authorize the Mayor to execute 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 #
COUNCIL MEETING DATE: March 15, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5d
SUBJECT: PERMEABLE PAVERS INSTALLATION
POLICY QUESTION: Should the City accept RFB 16 -003 results for the installation of permeable pavers at Town
Square Park, and authorize the Mayor to enter into a contract with the successful company?
COMMITTEE: PRHSPS
MEETING DATE: 3/8/16
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council. Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephen Ikerd — Deputy Parks Director
Attachments: Paver Installation Bid Memo for RFB16 -003
DEPT: Parks
Options Considered:
1. Authorize a bid award for the installation of pavers at Town Square Park in the amount of $45,205 which
includes 10% contingency to Eastern States Paving, Inc. and authorize the Mayor to execute said
agreement. (This amount is presently included in the approved park budget).
2. Do not authorize an award for the installation of pavers at Town Square Park to Eastern States Paving,
Inc. and_ provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:
CHIEF OF STAFF:
DIRECTOR APPROVAL:
ee " Council
niti. / ate Initial/Date
, 3-716
Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the authorization of an award for the installation of pavers
at Town Square Park in the amount of $45,205 to Eastern States Paving, Inc. and authorize the Mayor to execute
said agreement and forward to the March 15, 2016 Full Council consent agenda for approval.
Co ittee Chair ..
mil
Committee M-mber
Commi e ember
PROPOSED COUNCIL MOTION: "I move approval of authorizing an award for the installation of pavers at
Town Square Park in the amount of $45,205 to Eastern States Paving, Inc. and authorize the Mayor to execute
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
Parks Department
Date: Mar 4, 2016
To: PRHSPS Council Committee
Via: Mayor Jim Ferrell
John R Hutton., Director of Parks.
From: Stephen Ikerd., Deputy Director of Parks
Subject: Town Square Park Improvements — Paver installation bid
Background:
Staff solicited bids for the installation of permeable pavers at the main gathering plaza in
Town Square Park. This bid includes minor grading, leveling and the installation of pavers
the City will provide through a previous quote for the supply of pavers.
Staff advertised and also sent to the local plan centers RFB 16 -003. Four (4) companies
responded by submitting the following bids which include tax:
1. Eastern States Paving, Inc. $41,095.35
2. Steele & Associates $52,011.41
3. BC Pavers $59,513.25
4. Appian Construction $84,287.63
Recommendation:
Staff evaluated the responses to this RFB, checked references and recommends
awarding the bid to the lowest responsible bidder; Eastern States Paving, Inc.
Financial Summary:
$41,095.35 — Contract award amount.
4,110.00 -10% contingency.
$45,205.00 - Total Council approval request.
Note: This bid amount is within the original Council approved park project amount of
$1.7m plus $400,000 LID improvements for a grand total of 2.1m.
Q
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J
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f'S '3AV L4 QL) Sem aanaqyolai uon 2719d
COUNCIL MEETING DATE: March 15, 2016 ITEM #: 5e
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: STAINLESS STEEL COLUMNS BID AWARD
POLICY QUESTION: Should the City accept the bid results for Town Square Park stainless steel columns, and
authorize the Mayor to enter into a purchase agreement with the successful bidder?
COMMITTEE: PRHSPS MEETING DATE: 3/8/16
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephen Ikerd Deputy Parks Director DEPT: Parks
Background: Staff solicited bids to supply 3 custom built stainless steel columns for the Town Square spray
park center feature. In addition to contacting 4 Culture for an artist list, 5 other companies were sent request for
quotes. One company responded; American Truck & Trailer Services bid was within the engineer estimate.
Options Considered:
1. Authorize a bid award for the supply of 3 stainless steel columns for Town Square Park in the amount of
$57,443.00 which includes 10% contingency to American Truck & Trailer Services and authorize the
Mayor to execute said agreement. (This amount is included in the approved park budget)
2. Do not authorize a bid award for the 3 stainless steel columns for Town Square Park to American Truck
& Trailer Services and provide direction to staff. ....................................... .............................._ ........................_.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:
CHIEF OF STAFF:
DIRECTOR APPROVAL:
Committee Counc it
Initial/Date InitialDate
Ly /1c
COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid award for the supply of 3
stainless steel columns for Town Square Park in the amount of $57,443.00 to American Truck & Trailer Services
and authorize the Mayor to execute said agreement and forward to the March 15, 2016 Full Council consent
agenda for approval.
Com - i ee Chair
Committee mber
Committee ember
PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for the supply of 3 stainless steel
columns for Town Square Park in the amount of $57,443.00 to American Truck & Trailer Services and
authorize the Mayor to execute 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 #
COUNCIL MEETING DATE: March 15, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5f
SUBJECT: PLAYGROUND EQUIPMENT
POLICY QUESTION: Should the City issue a PO to KCDA for the supply and installation of Park Commission
selected and Committee approved playground equipment for Town Square Park?
COMMITTEE: PRHSPS
MEETING DATE: 3/8/16
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: Stephen Ikerd — Deputy Parks Director DEPT: Parks
Background: Staff worked with the Parks & Recreation Commission and the Parks, Recreation, Human
Services and Public Safety Committee in April of 2015 to select specific playground equipment to be used at
Town Square Park. We are in the final planning and purchase phase for this playground. PlayCreations, Inc. had
most of the equipment selected from a wide range of choices. This equipment includes: Zip Krooz (unique two
way zip line), Saucer swing, and Topsy Turny spinner. KCDA pricing and their pre -bid process was used for this
equipment.
Options Considered:
1. Authorize an award for the supply of playground equipment for Town Square Park in the amount of
$50,175.86 which includes 10% contingency to PlayCreations, Inc. and authorize a PO to be issued to
KCDA. (This equipment will be funded through the CIP Playground account)
2. Do not authorize an award for the supply of play equipment for Town Square Park to PlayCreations, Inc.
and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:
CHIEF OF STAFF:
Initial/Date Initial/Date
Committee Council
Initial/Date Initial/Date
DIRECTOR APPROVAL:
Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the authorization of an award for playground equipment
for Town Square Park in the amount of $50,175.86 to PlayCreations, Inc. and authorize a PO to be issued to
KCDA and forward to the March 15, 2016 Full Council consent agenda for approval.
Committee Member
D
CoMIIIIIrunitt Member
PROPOSED COUNCIL MOTION: "I move approval of authorizing an award for the supply of playground
equipment for Town Square Park in the amount of $50,175.86 to PlayCreations, Inc. and authorize a PO to be
issued to KCDA."
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL BILL #
1ST reading
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 1/2015
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: March 15, 2016 ................................................................................... ...............................
............................................................................................................................................... ............................... .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
5g
SUBJECT: CLEAR WIRELESS SITE LEASE RENEWAL — LAKOTA PARK
POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE
AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT?
COMMITTEE: PARKS RECREATION HUMAN SERVICES& PUBLIC
SAFETY
MEETING DATE: March 8, 2016
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: Ryan Call
DEPT: Law
Clear Wireless entered into a Lease Agreement with the City on March 2, 2006 for installation and operation of
certain equipment on City owned land located in Lakota Park for use in connection with its wireless telephone
communications service. The lease term was extended for one additional five year term and will expire on April
19, 2016. Clear Wireless has requested to renew the lease for an additional five year term pursuant to the terms of
the lease.
Options Considered: 1. Recommend approval of the lease renewal and authorize the Mayor to
execute the amendment.
2. Reject the lease renewal. .......................................................................................................................... ...............................
MAYOR'S RECOMMENDATION: Recommend approval of the lease renewal and authorize the Mayor to
execute the amendment.
MAYOR APPROVAL:
CHIEF OF STAFF:
DIRECTOR APPROVAL:
%6
Initial
COMMITTEE RECOMMENDA ON: I move torward the proposed Second Amendment to the Clear Wireless Site
Lease to the March 15, 2016 consent agenda for approval.
Committee ember
4 comm,
PROPOSED COUNCIL MOTION: "I move approval of the Second Amendment to the Clear Wt 'less Site Lease
at Lakota Park, beginning April 20, 2016 and terminating on April 19, 2021, and authorize the Mayor to sign
said amendment."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
SECOND AMENDMENT
TO
SITE LEASE AGREEMENT
FOR
CLEAR WIRELESS LLC
(AG # 06 -025)
This Second Amendment ( "Amendment ") is dated effective this 20th day of April, 2016, and
is entered into by and between the City of Federal Way, a Washington municipal corporation
( "City "), and Clear Wireless LLC, a Nevada limited liability company, ( "Tenant ") successor -in-
interest to Clearwire US LLC, successor -in- interest to Clearwire LLC, a Nevada limited liability
company.
A. The City and Tenant's predecessor -in- interest entered into a Lease Agreement dated
March 2, 2006 commencing on April 20, 2006, as amended by First Amendment dated effective
April 20, 2011, whereby the City agreed to lease to Tenant a portion of the space on and air -space
above the City Property, located at Lakota Park ( "Lease ").
B. The Lease provided that Tenant may renew the Lease for three (3) additional five (5)
year terms under Section 2.
C. Under Section 26.b of the Lease, any modification of or amendment to the Lease must
be in writing and executed by both parties.
D. The City and the Tenant agree and desire to amend the Lease to renew the term of the
Lease for an additional 5 years from the effective date of this amendment.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged
the parties agree to the following terms and conditions:
1. Term.
Pursuant to Section 2 of the Lease Agreement, the Lease shall be renewed for an additional
five (5) year term commencing on April 20, 2016, and expiring April 19, 2021, unless renewed
pursuant to the terms of the Lease Agreement.
2. Notices.
Section 18 of the Lease Agreement shall be amended to change the notice address for the City
and Tenant as follows:
If to CITY:
If to TENANT:
City Attorney
City of Federal Way
33325 8th Ave. South
Federal Way, WA 98003
Sprint Property Services
Sprint Site ID No.: SE52XC363 -A
Mailstop: KSOPHT0101 -Z2650
6391 Sprint Parkway
Overland Park, Kansas 66251 -2650
With a copy of official notices only to:
Sprint Law Department
Attn: Real Estate Attorney
Sprint Site ID No.: SE52XC363 -A
Mailstop: KSOPHT0101 -Z2020
6391 Sprint Parkway
Overland Park, Kansas 66251 -2650
3. Full Force and Effect.
All other terms and conditions of the Agreement not modified by this Amendment shall
remain in full force and effect.
DATED the effective date set forth above.
CITY OF FEDERAL WAY
By:
Jim Ferrell, Mayor
33325 8th Ave South
Federal Way, WA 98003
ATTEST: APPROVED AS TO FORM:
Stephanie, Courtney, City Clerk Amy Jo Pearsall, City Attorney
STATE OF KANSAS
) ss.
COUNTY OF JOHNSON
TENANT:
CLEAR WIRELESS LLC
By:
Amanda K. Herman
Manager, Real Estate
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 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 , 2016.
(typed /printed name of notary)
Notary Public in and for the State of
My commission expires
COUNCIL MEETING DATE: March 15, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5h
SUBJECT: 2016 NPDES ANNUAL REPORT SUBMITTAL
POLICY QUESTION: Should Council approve the 2016 NPDES Annual Report for submittal to the Department
of Ecology as required by the Western Washington (NPDES) Phase 1I Municipal Stormwater Permit?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 7, 2016
CATEGORY:
® Consent ❑ Ordinance
n City Council Business n Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: Theresa Thurlow, P.E. Surface Water Manager DEPT: Public Works
Attachments:
1. Land Use and Transportation memorandum dated March 7, 2016
2. 2-Oti tapes hArvAl r -V0r+-
Options Considered:
1. Approve the 2016 NPDES Annual Report and authorize the Mayor to submit documents to
Department of Ecology by March 31, 2016 to satisfy the City's NPDES Permit obligations.
2. Do not approve the 2016 NPDES Annual Report and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 1
Council consent agenda for approval.
MAYOR APPROVAL:
CHIEF OF STAFF:
' Cmitt Counsji�
Initial/Date v Initial /Date
„2-604,
DIRECTOR APPROVAL:
016 City
Initial/Date
2tt \t4
COMMITTEE RECOMMEND TION: "I move to orward Option 1 to the March 15, 2016 consent agenda for
approval."
Kelly a
Kelly aloney, Chair
wson, Member
PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to submit the 2016 Annual Report to
Department of Ecology by March 31'' to satisfy the City's NPDES Permit obligations."
(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: March 7, 2016
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
Theresa Thurlow, P.E. Surface Water Manager
SUBJECT: 2016 NPDES Annual Report Submittal
BACKGROUND:
The Western Washington Phase II Municipal Stormwater Permit (NPDES Permit) is a federal permit that
regulates stormwater discharges to waters of the State. While it is a federal permit, regulatory authority
lies with Washington State Department of Ecology (DOE).
The NPDES Permit requires that all affected municipalities create and implement a Stormwater
Management Program which addresses six required program elements: 1) Public Education and Outreach,
2) Public Involvement and Participation, 3) Illicit Discharge Detection and Elimination, 4) Construction
Site Run -Off, 5) Operations and Maintenance of Post Construction Stormwater Facilities, and
6) Monitoring.
In addition, the permit requires submittal of an annual report intended to update DOE on the status of the
permittees compliance with the permit. Annual Reports must be submitted to DOE by March 31, 2016 of
each year.
City staff has prepared Federal Way's 2016 NPDES Annual Report (Attachment 1) in accordance to the
requirements specified under the permit. The annual report consists of a checklist detailing the status of
individual permit requirements and attachments that describe and track permit related activities.
cc:
Project File
Day File
2016 NPDES Annual Report
City of Federal Way
2016 Annual Report Questions for the
Western Washington Phase II Municipal Stormwater Permit
The Western Washington Phase II Municipal Stormwater permit (NPDES permit) requires all Permittees to
submit annual reports describing the progress of their permit implementation activities. Annual reports
cover the previous calendar year's activities, unless otherwise specified, and must be signed by the
responsible official and submitted to Ecology by March 31 each year. The Annual Report consists of 67
questions and requires the preparation of several supporting documents. The Annual Report must be
submitted online through Ecology's WQWebPortal service.
Category
#
Question
Comment
General
Obligations
1
Attach updated annual Stormwater Management
Program Plan (SWMP Plan). (S5.A.2)
See Attachment 1
General
Obligations
2
Attach a copy of any annexations, incorporations
or boundary changes resulting in an increase or
decrease in the Permittee's geographic area of
permit coverage during the reporting period per
S9.D.5.
Not Applicable
General
Obligations
3
Implemented an ongoing program to gather, track,
and maintain information per S5.A.3, including
costs or estimated costs of implementing the
SWMP.
Yes
General
Obligations
4
Coordinated among departments within the
jurisdiction to eliminate barriers to permit
compliance. (S5.A.5.b)
Yes
Public
Outreach
5
Attach description of public education and
outreach efforts conducted per S5.C.1.a.i and ii.
See Attachment 2
Public
Outreach
6
Created stewardship opportunities (or partnered
with others) to encourage resident participation in
activities such as those described in S5.C.1.b.
Yes
Public
Outreach
7
Used results of measuring the understanding and
adoption of targeted behaviors among at least one
audience in at least one subject area to direct
education and outreach resources and evaluate
changes in adoption of targeted behaviors.
(Required no later than February 2, 2016, S5.C.1.b)
Not Applicable. Due in 2017 Annual
Report.
Public
Outreach
7b
Attach description of how this requirement was
met.
Not Applicable
Public
Outreach
8
Describe the opportunities created for the public
to participate in the decision making processes
involving, the development, implementation and
updates of the Permittee's SWMP. (S5.C.2.a)
Opportunities for public participation and
comment involving the Stormwater
Management Program (SWMP) are
available at the Land Use and
Transportation Committee and City
Council meetings when the SWMP and
Annual Report are reviewed. Comments
are also encouraged on the City website.
Page 1 of 7
2016 NPDES Annual Report
City of Federal Way
Public
Outreach
9
Posted the updated SWMP Plan and latest annual
report on your website no later than May 31.
(S5.C.2.b)
Yes
Public
Outreach
9b
List the website address.
http: / /www.cityoffederalway.com /index.a
spx ?nid =186
IDDE
10
Maintained a map of the MS4 including the
requirements listed in S5.C.3.a.i. -vi.
Yes
IDDE
11
Implemented a compliance strategy, including
informal compliance actions as well as
enforcement provisions of the regulatory
mechanism described in S5.C.3.b. (S5.C.3.b.v)
Yes
IDDE
12
Updated, if necessary, the regulatory mechanism
to effectively prohibit illicit discharges into the
MS4 per S5.C.3.b.vi. (Required no later than
February 2, 2018)
Not Applicable
IDDE
b2
Cite the Prohibited Discharges code reference
Not Applicable
IDDE
13
Implemented procedures for conducting illicit
discharge investigations in accordance with
S5.C.3.c.i.
Yes
IDDE
13
b
Cite methodology
The City utilizes the Federal Way Illicit
Discharge Detection and Elimination Field
Procedures and Response Plan which
references the following two guidance
documents: Illicit Discharge Detection and
Elimination: A Guidance Manual for
Program Development and Technical
Assessments, Center for Watershed
Protection, and the Illicit Connection and
Illicit Discharge Field Screening and Source
Tracing Guidance Manual, King County,
Herrera.
IDDE
14
Percentage of MS4 coverage area screened in
reporting year per S5.C.3.c.i. (Required to screen
40% of MS4 no later than December 31, 2017
(except no later than June 30, 2018 for the City of
Aberdeen) and 12% on average each year
thereafter. (S5.C.3)
�
59%
IDDE
15
List the hotline telephone number for public
reporting of spills and other illicit discharges.
(S5.C.3.c.ii)
1-253-835-2700 or after hours at 1-800-
400-0749
IDDE
b5
Number of hotline calls received.
6
IDDE
16
Implemented an ongoing illicit discharge training
program for all municipal field staff per 55.C.3.c.iii.
Yes
Page 2 of 7
2016 NPDES Annual Report
City of Federal Way
IDDE
17
Informed public employees, businesses, and the
general public of hazards associated with illicit
discharges and improper disposal of waste.
(S5.C.3.c.iv)
Yes
SWM utilizes its Public Education and
Outreach Program to inform staff,
residents, and businesses about hazards
IDDE
17
Describe the information sharing actions.
associated with illicit discharges.
b
(S5.C.3.c.iv)
Examples of outreach methods used
include: newsletters, staff training, public
workshops, business inspections, mailings,
and participation in regional campaigns.
IDDE
18
Implemented an ongoing program to characterize,
trace, and eliminate illicit discharges into the MS4
per S5.C.3.d.
Yes
Number of illicit discharges, including illicit
IDDE
19
connections, eliminated during the reporting year.
29
(55.C.3.d.iv)
Attach a summary of actions taken to characterize,
trace and eliminate each illicit discharge found by
IDDE
20
or reported to the Permittee. For each illicit
discharge, include a description of actions
according to required timeline per S5.C.3.d.iv
See Attachment 3
Municipal illicit discharge detection staff are
IDDE
21
trained to conduct illicit discharge detection and
elimination activities as described in S5.C.3.e.
Yes
Runoff
Implemented an ordinance or other enforceable
mechanism to address runoff from new
Controls
22
development, redevelopment and construction
sites per the requirements of S5.C.4.a.
Yes
Runoff
Number of exceptions granted to the minimum
Controls
24
requirements in Appendix 1. (S5.C.4.a.i., and
0
Section 6 of Appendix 1)
Runoff
Number of variances granted to the minimum
Controls
25
requirements in Appendix 1. (S5.C.4.a.i., and
0
Section 6 of Appendix 1)
Runoff
Reviewed Stormwater Site Plans for all proposed
Controls
26
development activities that meet the thresholds
adopted pursuant to S5.C.4.a.i. (S5.C.4.b.i)
Yes
Runoff
26
Number of site plans reviewed during the
226
Controls
b
reporting period.
Runoff
Inspected, prior to clearing and construction,
permitted development sites that have a high
potential for sediment transport as determined
Controls
27
through plan review based on definitions and
requirements in Appendix 7 Determining
Yes
Construction Site Sediment Damage Potential, or
Page 3 of 7
2016 NPDES Annual Report
City of Federal Way
Page 4 of 7
alternatively, inspected all construction sites
meeting the minimum thresholds adopted
pursuant to S5.C.4.a.i. (S5.C.4.b.ii)
Runoff
27
Number of construction sites inspected per
16
Controls
b
S5.C.4.b.ii.
Runoff
Inspected permitted development sites during
construction to verify proper installation and
Controls
28
maintenance of required erosion and sediment
controls. (S5.C.4.b.iii)
Yes
Runoff
Controls
28
b
Number of construction sites inspected per
S5.C.4.b.iii.
26
Number of enforcement actions taken during the
Runoff
Controls
29
reporting period (based on constructions phase
inspections at new development and
redevelopment projects). (S5.C.4.b.ii, iii and v)
0
Runoff
Inspected all permitted development sites that
meet the thresholds in S5.C.4.a.i upon completion
Controls
30
of construction and prior to final approval or
occupancy to ensure proper installation of
permanent stormwater facilities. (S5.C.4.b.iv)
Yes
Runoff
Controls
31
31
Achieved at least 80% of scheduled construction-
related inspections. (S5.C.4.b.ii -iv)
Runoff
Verified a maintenance plan is completed and
Controls
32
responsibility for maintenance is assigned for
projects. (S5.C.4.b.iv)
Yes
Runoff
Implemented provisions to verify adequate long -
term operation and maintenance (O &M) of
Controls
33
stormwater treatment and flow control
BMPs /facilities that are permitted and constructed
pursuant to S5.C.4. a and b. (S5.C.4.c)
Yes
Runoff
Controls
35
Annually inspected stormwater treatment and
flow control BMPs /facilities per S5.C.4.c.iii.
Yes
Runoff
35
If using reduced inspection frequency for the first
Controls
b
time during this permit cycle, attach
documentation per S5.C.4.c.iii
Not Applicable
Runoff
Inspected new residential stormwater treatment
and flow control BMPs /facilities and catch basins
Controls
36
every 6 months per S5.C.4.c.iv to identify
maintenance needs and enforce compliance with
maintenance standards.
Yes
Runoff
Achieved at Least 80% of scheduled inspections to
Controls
37
verify adequate long -term O &M. (S5.C4.c.v)
Yes
Page 4 of 7
2016 NPDES Annual Report
City of Federal Way
Runoff
Controls
38
Verified that maintenance was performed per the
schedule in S5.C.4.c.vi when an inspection
identified an exceedance of the maintenance
standard.
Yes
Runoff
38
Attach documentation of any maintenance delays.
Not Applicable
Controls
b
(S5.C.4.c.vi)
Provided copies of the Notice of Intent for
Runoff
Construction Activity and Notice of Intent for
Controls
39
Industrial Activity to representatives of proposed
new development and redevelopment. (S5.C.4.d)
Yes
Runoff
All staff responsible for implementing the program
to control stormwater runoff from new
development, redevelopment, and construction
Controls
40
sites, including permitting, plan review,
construction site inspections, and enforcement are
trained to conduct these activities, (S5.C.4.e)
Yes
Runoff
Participated and cooperated with the watershed -
Controls
42
scale stormwater planning process led by a Phase I
county. (S5.C.4.g)
Not Applicable
Implemented maintenance standards as
protective, or more protective, of facility function
0 & M
43
as those specified in Chapter 4 of Volume V of the
Yes
2005 Stormwater Management Manual for
Western Washington.
Applied a maintenance standard that is not
0 & M
44
specified in the Stormwater Management Manual
for Western Washington.
N
O & M
44
b
Please note what kinds of facilities are covered by
this alternative maintenance standard. (S5.C.5.a)
Not Applicable
0 & M
45
Performed timely maintenance per S5.C.5.a.ii.
Yes
Annually inspected all municipally owned or
0 & M
46
operated permanent stormwater treatment and
flow control BM Ps /facilities. (S5.C.5.b)
Yes
Number of known municipally owned or operated
0 & M
b6
stormwater treatment and flow control
431
BMPs /facilities. (S5.C.5.b)
O & M
46c
Number of facilities inspected during the reporting
period. (S5.C.5.b)
273
O & M
46
d
Number of facilities for which maintenance was
performed during the reporting period. (S5.C.5.b)
273
If using reduced inspection frequency for the first
0 & M
47
time during this permit cycle, attach
documentation per S5.C.5.b.
Not Applicable
Page 5 of 7
2016 NPDES Annual Report
City of Federal Way
0 & M
48
Conducted spot checks and inspections (if
necessary) of potentially damaged stormwater
facilities after major storms as per S5.C.5.c.
Yes
O & M
49
Inspected all municipally owned or operated catch
basins and inlets as per 55.C.5.d, or used an
alternative approach. (Required once no later than
August 1, 2017 and every two years thereafter,
except once no later than June 30, 2018 and every
two years thereafter for the City of Aberdeen)
Yes
O & M
b9
Number of known catch basins.
12,297
0 & M
49c
Number of catch basins inspected during the
reporting period.
4,374
'
O & M
49
d
Number of catch basins cleaned during the
reporting period.
2 774
O & M
50
Attach documentation of alternative catch basin
cleaning approach, if used. (S5.C.5.d.i or ii)
Not Applicable
0 & M
51
Implemented practices, policies and procedures to
reduce stormwater impacts associated with runoff
from all lands owned or maintained by the
Permittee, and road maintenance activities under
the functional control of the Permittee. (S5.C.5.f)
Yes
O & M
52
Implemented an ongoing training program for
Permittee employees whose primary construction,
operations or maintenance job functions may
impact stormwater quality. (S5.C.5.g.)
Yes
0 & M
53
Implemented a Stormwater Pollution Prevention
Plan for all heavy equipment maintenance or
storage yards, and material storage facilities
owned or operated by the Permittee in areas
subject to this Permit that are not required to have
coverage under an NPDES permit that covers
stormwater discharges associated with the
activity. (S5.C.5.h)
Yes
TMDL
54
Complied with the Total Maximum Daily Load
(TMDL)- specific requirements identified in
Appendix 2. (S7.A)
Not Applicable
TMDL
55
For TMDLs listed in Appendix 2: Attach a summary
of relevant SWMP and Appendix 2 activities to
address the applicable TMDL parameter(s). (S7.A)
Not Applicable
Monitoring
56
Attach a description of any stormwater monitoring
or stormwater - related studies as described in S8.A.
See Attachment 4
Monitoring
57
Participated in cost- sharing for the regional
stormwater monitoring program (RSMP) for status
and trends monitoring. (S8.B.1)
Yes
Page6of7
2016 NPDES Annual Report
City of Federal Way
Monitoring
67
If choosing to conduct individual status and trends
monitoring, attach an annual stormwater
monitoring report in accordance with S8.B.2.
(Required to submit reports beginning March 31,
2016)
Not Applicable
Participated in cost - sharing for the regional
Monitoring
58
stormwater monitoring program (RSMP) for
effectiveness studies. (S8.C.1) (Required to begin
no later than August 15, 2014)
Yes
Monitoring
58
b
If choosing to conduct discharge monitoring,
attach an annual stormwater monitoring report in
accordance with S8.C.2 and Appendix 9. (Required
to submit reports beginning March 31, 2016)
Not Applicable
Contributed to the RSMP for source identification
Monitoring
59
and diagnostic monitoring information repository
in accordance with S8.D.1. (Required to begin no
later than August 15, 2014)
Yes
Notified Ecology in accordance with G3 of any
Monitoring
60
discharge into or from the Permittees MS4 which
could constitute a threat to human health, welfare
or the environment. (G3)
Yes
General
61
Number of G3 notifications provided to Ecology.
1
Obligations
General
Took appropriate action to correct or minimize the
Obligations
62
threat to human health, welfare, and /or the
environment per G3.A.
Yes
General
Notified Ecology within 30 days of becoming aware
that a discharge from the Permittee's MS4 caused
Obligations
63
or contributed to a known or likely violation of
water quality standards in the receiving water.
Yes
(S4.F.1)
General
64
If requested, submitted an Adaptive Management
Not Applicable
Obligations
Response report in accordance with S4.F.3.a.
General
Attach a summary of the status of implementation
of any actions taken pursuant to S4.F.3 and the
Obligations
65
status of any monitoring, assessment, or
evaluation efforts conducted during the reporting
period. (S4.F.3.d)
Not Applicable
General
Notified Ecology of the failure to comply with the
Obligations
66
permit terms and conditions within 30 days of
becoming aware of the non - compliance. (G20)
Not Applicable
General
Obligations
67
Number of non - compliance notifications (G20)
provided in reporting year.
0
General
67
List the permit conditions described in non
Not Applicable
Obligations
b
compliance notification(s).
Page 7 of 7
2016 NPDES Annual Report — Attachment 1 City of Federal Way
Attachment 1- Stormwater Management Program (SWMP) Update
Background
The National Pollutant Discharge Elimination System (NPDES) permit program is a requirement of the
Federal Clean Water Act, which is intended to protect and restore waters for "fishable and swimmable"
uses. The Federal Environmental Protection Agency has delegated permit authority to state environmental
agencies. In Washington, the NPDES - delegated permit authority is the Washington State Department of
Ecology. Since Federal Way operates a small municipal storm sewer system that serves less than 100,000
people, it is designated as a Phase 11 community and must comply with Ecology's Western Washington Phase
If NPDES Municipal Stormwater Permit.
The Permit allows municipalities to discharge stormwater runoff from municipal drainage systems into the
State's water bodies (i.e., streams, rivers, lakes, wetlands, etc.) as long as municipalities implement
programs to protect water quality to the "maximum extent practicable" through application of Best
Management Practices. These required practices, specified in the Permit, are collectively referred to as the
Stormwater Management Program (SWMP).
The Permit requires the City to report annually by March 31st of each year on program implementation for
the prior year and requires municipalities to update the SWMP to describe the actions planned to achieve
and maintain permit compliance in the upcoming year. The remainder of this document is intended to meet
this requirement and describes the actions the City of Federal Way has planned to meet the 2016 permit
requirements. The SWMP update is organized according to the following program components:
• Public Education and Outreach
• Public Involvement
• Illicit Discharge Detection and Elimination
• Runoff Controls
• Pollution Prevention and Municipal Operations and Maintenance
• Monitoring
Permit Implementation Assistance Grant
Ecology provides assistance to NPDES Stormwater Municipal Permittees through a biennial Capacity Grant
program. Stormwater Capacity Grants are non - competitive grants that are awarded directly to each
municipality. Through this program, the City of Federal Way received $50,000 to provide funding for
activities, technical resources, and equipment that will help implement the requirements of the NPDES
permit in 2016 and 2017.
Phase II NPDES Permit Audits
Beginning in 2016, Ecology is beginning a Municipal Stormwater Permit Audit Program to evaluate Phase II
Permittees' compliance with the permit requirements. Ecology will randomly select four municipalities to be
audited each year with a goal to audit every jurisdiction every 5 -7 years. Federal Way was not chosen for an
audit in 2016 however, staff will work on organizing permit related documentation, staff training, and
proper implementation of policies and procedures in anticipation of a possible audit next year.
Section 1— Planned Public Education and Outreach Activities
The Surface Water Management Division (SWM) implements an on -going public education and outreach
program designed to reduce and eliminate behaviors and practices that cause or contribute to adverse
Page 1 of 5
2016 NPDES Annual Report — Attachment 1 City of Federal Way
stormwater impacts. The program utilizes a variety of approaches to inform targeted audiences about
stormwater issues and provides specific actions people can follow to minimize stormwater pollution. A
summary of the major public education activities planned for 2016 is provided below:
• Expansion of the Storming the Sound with Salmon (SSS) program- The SSS stormwater education
program is currently implemented in 26 elementary, middle, and high schools in the Federal Way Public
School District. The program provides students with the opportunity to raise salmon in their school
while learning about real life stormwater issues in the classroom. The program also provides students
with outdoor learning experiences, including a salmon release field trip each spring. SWM was awarded
a King County WaterWorks grant in the amount of $104,500 to expand SSS to the remaining eleven
schools that are currently not participating in the program. The grant will also be used to develop new
curriculum on Low Impact Development that will integrate LID demonstration features at the City's
Town Square Park.
• Salmon Release Events- SWM will host five salmon release events this May on the 3rd, 5th, 9th, 11th, and
13th for students participating in the SSS program. Teachers chose 30 students from each school to
attend the event at the West Hylebos Wetlands Park. Students participate in a daylong field trip
rotating through presentations and activities lead by staff from Earthcorps, Federal Way Historical
Society, Trout Unlimited, National Audubon Society, and several other organizations.
• Town Square Park (TSP)- The City's new TSP will provide examples of LID techniques including
permeable pavements, a rain garden, native plantings, educational signage, and interactive storm water
educational elements for students and park users. Design and development of participatory elements
and educational material for onsite will be developed through the WaterWorks grant. The LID Outreach
Project at TSP will expand the SSS program even further by providing an outdoor laboratory to
compliment the classroom experience.
• Expansion of the Spill Kit Program- SWM will partner again this year with the Environmental Coalition of
South Seattle ( ECOSS) to provide 50 automotive - related businesses in Federal Way stormwater
education and free spill kits. ECOSS staff provides stormwater inspection support, a customized spill
plan, and spill response training for managers and employees. The ECOSS team is able to provide
outreach in multiple languages in addition to English which includes: Spanish, Vietnamese, Somali,
Mandarin /Cantonese, and Amharic.
• Upper Joe's Creek Watershed Study- Upper Joe's Creek enters Lake Lorene and Lake Jeanne (referred to
as the "Twin Lakes "), which have been affected by recurring blue -green algae blooms during the
summer months, some of which have contained toxins at unsafe levels. To address this issue SWM
received a $66,000 Washington Department of Ecology Freshwater Algae Control Program grant to
study the problem and provide public education to the community on the issue. This grant work began
in October 2015 and will continue through June of 2017.
• Newsletters- SWM staff will continue to produce the quarterly Lakeview and Waterlog newsletters
which cover a variety of topics on pollution prevention and general awareness of stormwater related
issues. The newsletters are also used to inform the public about progress and implementation of the
SWMP.
Page 2 of 5
2016 NPDES Annual Report — Attachment 1 City of Federal Way
• Volunteer Events - Several volunteer events are planned for 2016 with the Korean Youth Ecology group,
including tree planting, invasive plant removal, and stream clean ups. The annual Redondo Creek
cleanup with students from Nautilus K -8 will take place in June.
• Workshops -SWM will host a number of stormwater - related workshops in 2016. These free workshops
open to the public are part of the City's monthly Green Living Workshop Series. An example of the
workshop topics this year include: green cleaning, organic gardening, natural lawn care, water
conservation, building rain gardens, and smart septic care.
• SWM will continue to offer its "Fish Friendly" charity car wash program. Special kits, designed to divert
wash water to the sanitary sewer system, are loaned out by the City for charity car washes at no cost.
Approximately 30 -40 kits are checked out each year.
Section 2 - Public Involvement & Participation Opportunities
The City encourages the public and interested parties to participate in the decision - making process involving
the development and implementation of NPDES permit related activities and programs. Opportunities for
public participation in the development of the SWMP include the following:
• March 7, 2016 Land Use and Transportation Committee meeting
• March 15, 2016 City Council meeting. These committees review many of the programmatic and policy
changes proposed under the SWMP and allow public comment on all agenda items.
• The City's Surface Water Management webpage displays the updated SWMP and the Annual Report.
Opportunity for public comment and participation is made possible via e-mail.
Section 3 — Illicit Discharge Detection & Elimination Program Activities
Federal Way maintains a robust program designed to prevent, detect, characterize, trace and eliminate
illicit connections and illicit discharges into the municipal stormwater system. A summary of IDDE
activities continued in 2016 is provided below:
• Federal Way currently has a vacancy for the Water Quality Program Coordinator position, who is
responsible for the implementing the IDDE program. It is anticipated that a new coordinator will be
hired in early 2016.
• Through SWM's annual commercial inspection program, private stormwater systems that discharge into
the City's MS4 will be inspected to ensure maintenance complies with standards outlined in the NPDES
permit.
• The SWM division will continue to enforce Ordinance 09 -619 which prohibits non - stormwater
discharges into the MS4 through its Illicit Discharge Detection and Elimination (IDDE) Program. Examples
of illicit discharges include trash, construction materials, petroleum products, paint, pesticides, fertilizers,
soap and wash water. SWM implements escalating enforcement procedures and actions pursuant to
those outlined in the Federal Way Revised City Code.
• Follow -up training will be given to municipal staff, who, as part of their normal job duties, might observe
an illicit discharge in the field. Training includes how to identify a potential illegal discharge and how to
Page 3 of 5
2016 NPDES Annual Report — Attachment 1 City of Federal Way
properly respond.
• SWM will continue to update the map of Federal Way's municipal stormwater system (MS4). The map is
updated on an ongoing basis to reflect new connections and changes based on field verification and
SWM's pipe video inspection program.
Section 4 — Efforts to Control Runoff from Construction Sites
The City of Federal Way recognizes that construction site run -off is a major contributor to water quality
degradation in the greater Puget Sound region. To address this issue and to better protect our natural
waterways, the City's current construction site run -off program exceeds the minimum requirements of the
current permit in many respects. However, the current permit will require the City to make any necessary
changes in 2016 to development - related codes, rules, and standards in order to incorporate and require LID
principles and Best Management Practices.
• The City will continue to implement and enforce the program to reduce pollutants in stormwater runoff
to our MS4 from new development, redevelopment and construction site activities. The program
includes a permitting process with site plan review, and inspection and enforcement capability to meet
the standards for both private and public projects.
• By December 31, 2016, Federal Way will adopt and implement the new version of the King County
Surface Water Design Manual which has been updated to include new Low Impact Development (LID)
standards.
• City staff will review and revise our local development- related codes, rules, and standards to
incorporate and require LID principles and LID Best Management Practices. The intent of the revisions is
to make LID the preferred and commonly -used approach to site development.
Section 5 - Pollution Prevention, Operations & Maintenance Activities
SWM has an ongoing Operations and Maintenance (O &M) program to reduce stormwater impacts
associated with maintenance and operations of City streets, facilities, and properties. The program applies
to drainage infrastructure, which includes catch basins, pipes, open channels, as well as residential and
regional retention /detention facilities. In 2016, Surface Water maintenance staff will continue to perform
the required inspections and maintenance outlined in the permit in an effort to prevent and reduce
pollutant runoff from municipal operations.
• Each year SWM staff inspects all known municipally owned and operated stormwater treatment and
flow control facilities as required by the Permit. Currently, maintenance of facilities is conducted
according to the standards in the 2012 King County Surface Water Design Manual. However, by
December 31, 2016, Federal Way will adopt and implement new standards in the updated 2016 King
County Surface Water Design Manual.
• By August 1, 2017 SWM must inspect, and clean when necessary, all catch basins owned by the City. The
removal of sediments laden with contaminants and debris from stormwater catch basins is important to
prevent pollution and maintain the flow of the stormwater system. SWM is on track to meet this
requirement next year.
• Staff is required to implement a Stormwater Pollution Prevention Plan (SWPPP) for the maintenance and
storage yard owned by the City located at 31130 28th Avenue South. This year staff plans to tighten up
Page 4 of 5
2016 NPDES Annual Report — Attachment 1 City of Federal Way
policies and procedures to ensure proper pollution Best Management Practices are consistently being
implemented and documented.
During and after major storm events, facilities vulnerable to surface water related problems will be
inspected to ensure the systems are functioning properly, and to determine /conduct any maintenance
or repair needs.
SWM will continue the Conditional Assessment Program as a tool to proactively manage the stormwater
system to prevent flooding, drainage problems and water quality problems. The camera inspection
program supports several NPDES related activities (on -going comprehensive mapping of the system,
evaluation of Best Management Practices, improving the ability to trace spills and identify illicit
connections to the stormwater system).
Section 6 — Planned Monitoring Activities
SWM will continue to pay into a collective fund to implement the Regional Stormwater Monitoring Program
(RSMP). The RSMP is a collaborative monitoring program paid for by western Washington municipal
stormwater Permittees, and administered by Ecology, designed to monitor and evaluate the effectiveness of
the Best Management practices specified in the NPDES permits. The goal of the monitoring program is to
provide an unbiased assessment of whether stormwater management actions are resulting in genuine
progress towards regional water quality targets.
• SWM will pay into the collective fund to implement regional in- stream monitoring. The goal of the
monitoring is to measure whether the health of lowland streams and shorelines in Puget Sound is
improving or declining. A payment of $21,673 is due August 15, 2016.
• SWM will pay $36,111 into the fund to conduct stormwater effectiveness studies on behalf of the
region. The goal is to provide widely applicable information about what BMP's work, or don't work, and
how to improve stormwater management. Payment for the monitoring program is due August 15, 2016.
• SWM will also pay into the third component of the RSMP, the Source Identification Information
Repository. The repository is designed to share information about source identification and elimination
methods and identify opportunities for regional solutions to common illicit discharges and pollution
problems. A payment of $3,349 will be provided by August 15, 2016.
Conclusion
The annual report and SWMP update is posted on the City of Federal Way website at
http://www.cityoffederalway.com/node/1468.
If at any time the City is unable to comply with terms and conditions of the permit, staff must notify the
Washington State Department of Ecology within 30 days of becoming aware that non - compliance has
occurred. Written notification must include a description of the non - compliance issue and steps planned or
taken to achieve compliance. Federal Way remains in compliance with all of the requirements of the permit
and is using all known, available, and reasonable methods of prevention, control, and treatment to prevent
pollution into the surface waters of Washington State.
Page 5 of 5
2015 NPDES Annual Report- Attachment 1
City of Federal Way
CALENDAR OF NPDES PERMIT RELATED ACTIVITIES 2013 -2018
The timeline below provides an overview of the major activities and deadlines for implementing current
and upcoming permit requirements.
Program
Component
2013 Ongoing
Implementation
2014
2015
2016
2017
Jan -July
31, 2018
A. Stormwater
Management
Plan
Continue to track
costs and permit
related activities.
Update the SWMP
annually.
By March 31:
Include
description of
internal
coordination in
annual report.
C.1 Public
Education &
Outreach
Continue public
education program
and create
stewardship
opportunities.
Measure change in
behavior for 1 target
audience.
By February
2: Use
measure of
behavior
change to
improve
program.
C.2 Public
Involvement
Continue to provide opportunities for the public to participate in SWMP decision - making.
Post online annual reports and SWMP Plan for previous calendar year by March 31st of each
year.
C.3 Illicit
Discharge
Detection &
Elimination
Continue
implementing IDDE
program.
Provide municipal
staff training.
Maintain map of
MS4.
By Dec 31:
Field screen
at least 40%
of MS4.
By Feb 2:
Update
ordinance if
needed.
Field screen
12% of MS4.
C.4.a -f Control
Runoff from
Development
Continue to
implement
program
addressing
construction /post-
construction
runoff.
By Dec 31:
Update
City code to
revised
Appendix 1
standards.
Revise
development
codes to
make LID the
preferred
approach.
By March 31:
Submit a
summary of
the review &
revision of
City codes.
Achieve at
least 80% of
scheduled
inspections.
C.5 Municipal
Pollution
Prevention,
Operation &
Maintenance
Continue MS4
maintenance and
inspections and
provide staff training.
By Dec 31:
Update
maintenance
standards to
revised
manual /code
standards.
By August 1:
Inspect all
catch basins
or document
alternatives if
used.
S8.A
Continue to provide description in each annual report of stormwater monitoring or stormwater- related
studies conducted.
1
2015 NPDES Annual Report- Attachment 1
City of Federal Way
S8.B Status &
Trends Monitoring
By Dec 31: Notify
Ecology which
option selected for
status and trends
monitoring.
Option 1: By Aug 15 Pay annual payments to RSMP.
Option 2:
By July 31
Begin
stream
monitoring.
Oct 1: Begin
monitoring
marine near
shore.
Annual reporting per Ecology approved QAPP.
C. Effectiveness
Monitoring
By Dec 31: Notify
Ecology which option
selected for
effectiveness
monitoring.
Option 1: By Aug 15 Pay annual payments to RSMP.
Option 2:
By Feb 2
Submit
QAPP to
Ecology.
By Oct 1:
Begin flow
monitoring.
Oct 1:
Stormwater
monitoring
program
fully
implemente
d.
Annual reporting per Appendix 9.
S8.D Source ID
& Diagnostic
Monitoring
By Aug 15: Pay annual payments to RSMP.
2
2016 NPDES Annual Report- Attachment 2 City of Federal Way
Attachment 2- Description of 2015 Public Education Activities
Storming the Sound with Salmon
Students in Federal Way learn about stormwater through a program called Storming the Sound
with Salmon, a partnership between the Surface Water Management Division and the Federal Way
Public School District. This beneficial science program brings stormwater education directly into the
classrooms of 27 elementary, middle, and high schools in Federal Way. Students learn about
stormwater and water quality issues while raising and caring for salmon in their school. A highlight
of the program is when students release the salmon into the Hylebos creek in the spring. This
highly successful program was awarded two grants in 2015 which will allow the program to
substantially expand in 2016 by adding additional schools, updating the curriculum, and by
installing stormwater educational elements at Town Square Park.
Volunteer Events
The Surface Water Management Division recognizes and appreciates the support and hard work of
the hundreds of volunteers that contribute to our community each year. This year volunteers
helped plant native vegetation at the West Hylebos Wetlands Park, remove invasive species from
the City's blueberry farm and Dumas Bay Park, and remove trash from Redondo Creek. Volunteers
also helped build a rain garden at a local elementary school, distributed restaurant pollution
prevention posters, and installed over 500 curb markers in residential neighborhoods throughout
the city this year.
Workshops
The Surface Water Management Division and the Solid Waste & Recycling Division staff collaborate
to provide free monthly educational workshops for residents on topics related to sustainability.
This year's topics included: Clutter Clearing, Green Cleaning, Backyard Chickens, Organic Gardening,
Attracting wildlife, Natural Pest Control, Canning & Food Preservation, Worm Bins & Composting,
Rain Barrels & Water Conservation, Intro to a Prepared Homestead, and Solar & Energy
Conservation. The workshops are a great way to educate the public on environmental issues and
provide people with specific actions they can take to help minimize the problem.
Newsletters
The Surface Water Management Division produces a quarterly newsletter, the Waterlog, which
covers a variety of topics on pollution prevention and general awareness of stormwater related
issues. Staff also produces a newsletter specifically tailored to residents of Steel Lake and North
Lake as part of the local Lake Management District program. The 2015 quarterly issues of both
newsletters are available on the City of Federal Way webpage.
Fish - Friendly Car Wash Program
Federal Way's Surface Water Management Division reminds businesses and charity groups that it is
a violation of city code to allow dirty soapy water from car washing to enter storm drains. Realizing
that car washes are an important fundraising tool for many groups in the community, the City
offers an environmentally safe solution. The City has special kits available that pump wash water
into the sanitary sewer system, keeping contaminants out of local surface waters. This year ten
charity groups borrowed these kits, at no charge, from the Public Works Department.
Page 1 of 2
2016 NPDES Annual Report- Attachment 2 City of Federal Way
Residential Car Washing
Per the request of a local homeowners association, staff provided public education and outreach to
residents of a condominium complex on water quality issues related to car washing. Staff educated
the residents of the environmental hazards associated with car wash run -off and offered residents
alternatives to prevent pollution.
Waterfront Properties
This year staff mailed natural yard care information to all Puget Sound shoreline and lakefront
property owners in the city. Three separate educational mailings were distributed over the course
of the summer to over 500 households. Topics covered included building healthy soil, planting
native vegetation, smart watering, and reducing the use of chemicals.
Septic Systems
Staff provided pro- active outreach to homeowners in the Joe's Creek Watershed that have an on-
site septic system. Mailings were sent to encourage property owners to have their septic systems
inspected and maintained regularly. Leaking septic systems can threaten local waterbodies.
Algae Blooms
Staff provided educational information to local lake communities regarding blue -green algae
blooms. The outreach materials describe how to identify and report potential algae blooms and
provide residents with ways they can reduce the amount of nutrients entering local water bodies.
SWM distributed a fact sheet to the Twin Lakes community describing the City's efforts taken
toward the blue green algae bloom issues in Lake Lorene and Lake Jeane. The fact Sheet described
future grant work to be completed in 2016.
Dumpster Maintenance
An educational flyer was sent to all businesses in Federal Way reminding business owners and
employees to keep dumpster areas clean, containers in good condition, and lids shut to reduce
stormwater pollution.
Summertime School Cleaning
Staff mailed a letter to the principles and custodial staff of all Federal Way Public Schools prior to
the end of the school year reminding staff of proper best management practices to prevent
stormwater pollution during summer cleaning projects such as pressure washing, cleaning of floors,
outdoor repairs and roof maintenance.
Mobile Pet Grooming
SWM staff mailed an educational stormwater brochure to mobile pet groomers that service Federal
Way. The brochure explains steps that should be taken by mobile business owners to prevent
stormwater pollution.
Natural Yard Care Workshop in Korean
SWM coordinated with the King County Dirt Alert Program to host a free natural yard care
workshop for the Federal Way Korean Women Association in September.
Page 2 of 2
2016 NPDES Annual Report - Attachment 3
City of Federal Way
Attachment 3 - IDDE Summary of Actions
Violator
Location /Address
Type of
Discharge
Date of
Report or
Initiation of
Investigation
Days
SWM Code
Enforcement
Action
Enforcement Timeline
Date
Investigation
Terminated
Total Days
for
Complianc
e
Amanda
Folder #
Amanda
Status
Parcel
VuWOrks
Sub
Basin
Notes (see Water Quality file for detailed info)
ley )
Date Issued
Date Due
Date
Returned
ABT Towing
33126 15th Ave S.
Petroleum
2/18/14
on -going
NOV
02/20/14
N/A
N/A
Continue to
monitor for
compliance
through 2015
ongoing
14- 100797
Under
review
172104 9031
S-0911-
0009
WH71
On -going investigation of off site stormwater
petroleum discharges from junkyard. ERTS
#646974 made for G -3 Notification 2/18/14.
NOV deferred to Ecology for enforcement;
en to issue stormwater
agency permit in 2014
under significant contributor status.
ABT Towing
33125 15th Ave S.
Sediment
10/20/14
on -going
g 9
Notice of
Violation
3/18/15
4/1/15
N/A
Continue
monitoring for
proper
vegetation
coverage
15101313
172104 9064
On going runoff of sediment laden stormwater
from south side of ROW into MS4 resulting
from ABT towing operations (parking of
vehicles and equipment) disturbing soils.
Business given two weeks to vacate area,
ecology blocks installed to restrict access.
Pro Touch
31414 Pac Hwy S
Outdoor
vehicle
washing
122/15
1/22/15
1
Phone
conversation and
follow up Water
Quality Violation
Letter
2/17/15
N/A
N/A
3/12/15
23
15- 100746
Investigation
092104 9286
S -0315-
0013
WH71
Report from LUD concerning outdoor vehicle
washing at the detail shop and discharge to
storm. Inspection on 122 to confirm and
immediate order to cease activity. Outdoor
_ wash pad with drainage to sanitary installed
on 2/19/15.
Private Hauler
ROW/SR 18 off -ramp
from southbound I -5
to Enchanted
Parkway
Diesel
127/15
1272015
1
None
N/A
N/A
N/A
1282015
1
N/A
N/A
N/A
N/A
Semi truck with punctured diesel lank exits I -5
southbound at SR 18 westbound. Trail of
diesel leads to Shell station at Enchanted
Pa rkway. SWM, SKFR and Ecology
responds. SWM protects downstream
ea
stonnwater system with filters and absorbent
dams. Ecology directs clean up effort and
SWM provides final inspection (vector
pressure wash pavement and vectors waste).
No downstream impacts.
Pavilions
Apartments
1900 SW Campus Dr
Trash
Compactor
waste and tow
carts with
holes/open
129/15
1/29/15
1
Notice of
Correction
2/3/15
N/A
N/A
15- 100449
Investigation
132103 9103
S -0315 -
0023
WH14
On-going investigation into leaking trash
compactors. Compactor at the east end of
the complex documented to be disrepair and
leaking, which is aggravated by the
introduction of rainwater into the unit from
open tow carts (some have holes). Notice of
Correction issued requiring corrective action.
Private
residence
(DOlne)
(Dolney)
625 SW 297th
Sediment and
erosion
22/15
2/2/15
1
Notice of
Correction
2B/15
2/20/15
N/A
Continue
monitoring for
proper
vegetation e9
coverage
92
15- 100505
Compliance
720520 0030
S -0315-
0014
CPP2
Sediment and erosion during rain events from
protected side
unprotected yard on slope. Conditions
are contributing to unpack to MS4. Resident
required to install proper SSE controls.
Vegetation established 7/2/15.
Page 1 of 5
2016 NPOES Annual Report - Attachment 3
Attachment 3 - IDDE Summary of Actions
City of Federal Way
Violator
Location/Address
Type of
Discharge
r9
Date of
Report or
Discovery
Initiation of
Investigation
g
Days
Enforcement Timeline
Date
Investigation
Terminated
Total Days
for
Compliant
e
Amanda
Folder #
Amanda
Status
parcel
VuWorks
Sub
Basin
Notes (sae Water Quality file for detailed info)
SWM Code
Enforcement
Action
Date Issued
Date Due
Data
Returned
Colonial
Forest
Condos
32600 1st Ave S
Various
maintenance-
related
stormwater
pollutants
2/6/15
2/6/15
1
Phone
conversations
and email with
follow up Water
Quality Violation
Letter
2/17/15
N/A
N/A
5/15/15
87
15- 100741
Investigation
169730 0000
S -0315-
0015
WH12
Previous unconfirmed reports about
prohibited stormwater discharges at property.
Previous educational materials issued. Report
received on 216 was confirmed in on sae
inspection (power washing moss into on site
stormwater system). Water quality violation
letter issued requiring implementation of
proper SMPs. Follow up with information
presented at condo board meetings.
Peking Wok
32921 1st AveS
Restaurant
grease
2/11/15
2/11/15
1
Water Quality
Violation Letter
2/18/15
NIA
NIA
on -going
15- 100782
_
Investigation
6979000030
- S-0315-
0016
WH12
Poor BMPS with outdoor storage of restaurant
grease in 55-gallon drum. Water quality
violation letter issued requiring
implementation of proper stormwater pollution
prevention BMPs
Woodside
Apartments
2517 S. 318th Lane
Potentia trash
tow cart
wastewater
2/17/15
2/17/15
1
Water Quality
Violation Letter
2/18115
N/A
N/A
on -going
15- 100771
Investigation
092104 9307
S-0315-
0019
WH10
Observations made over time regarding the
presence of holes in solid waste tow carts
(and some without lids) leads to the issuance
of a Water Quality Violation letter requiring
corrective action. Will continue monitoring
conditions for compliance.
Rtverstona
APIs
27314 24th Ave S
Potential trash
tow cart
wastewater
2/18/15
2/18/15
1
Water Quality
Violation Letter
2/18/15
N/A
N/A
on -going
15- 100759
Investigation
720480 0004
0-0315-
0012
NPS9
Observations made over time regarding the
presence of holes in solid waste tow carts
(and some without lids) leads to the issuance
of a Water Quality Violation letter requiring
corrective action. Will continue monitoring
conditions for compliance.
Valley
Harvest
2855 Military Road
Produce and
solid waste
2/18/15
2/18/15
1
Water Quality
Violation Letter
2/18/15
N/A
N/A
on -going
15-100776
Investigation
042104 9037
S-0315-
0020
GRO1
Discarded produce and poor solid waste
management practices at rear loading dock
impacting stormwater quality at the business.
SWM it investigate on site system with
property owner.
Celebration
Park Apts
3220511th Pls
Potential trash
tow cart
wastewater
2/18/15
2/18/15
1
Water Quality
Violation Letter
2/18/15
N/A
7/13/15
5/24/00
15- 100768
Compliance
1721049061
5 -0515-
0007
WI-111
Observations made over time regarding the
presence of holes in solid waste tow carts
(and some without lids) leads to the issuance
of a Water Quality Violation letter requiring
action. Will continue monitoring
cornditiions for compliance. Manager indicated
that new tow carts on order. All new tow carts
installed.
Glen Park
Apts
952 SW Campus
Drive
Potential trash
tow cart
wastewater
2/18/15
2/19/15
1
Water Quality
Violation Letter
2119/15
NIA
N/A
on -going
15100775
Investigation
192104 9005
S -0315-
0017
WH14
Observations made over time regarding the
presence of holes in solid waste tow carts
(and some without lids) leads to the issuance
of a Water Quality Violation letter requiring
corrective action. Will continue monitoring
conditions for compliance.
Club
Palisades
2211 S. Star Lake
Road
Potential trash
tow cart
wastewater
and possible
trash
compactor
leaks
2/19/15
2/19/15
1
Notice of
Correction
2/19/15
N/A
on -going
15- 100770
Investigation
720480 0095
S -0315-
0021
NPS9
Observations made over time regarding the
presence of holes in solid waste tow carts
(and some without lids) leads W the'ssuartce
of a Water Quality Violation letter requiring
corrective action. Also, potential that
excessive Squid waste is causing trash
compactor leaks.
Page 2 of 5
2016 NPDES Annual Report - Attachment 3
Attachment 3 - IDDE Summary of Actions
City of Federal Way
Violator
Location(Address
Type of
Discharge
Date of
Report or
p
Discovery
ry
Initiation of
Investigation
Days
y
SWM Code
Enforcement
Action
Enforcement Timeline
Date
Investigation
Terminated
Total Days
for
Complianc
e
Amanda
Folder F
Amanda
Status
Parcel
VuWorks
Sub
Basin
Notes (see Water Quality file for detailed info)
Date Issued
Date Due
Date
Returned
Private
residence
1927 SW 350th St
Laundry
wastewater
224 /15
2/24/15
1
None
N/A
N/A
N/A
03/03/15
7
15- 101281
Compliance
795620 0130
S -0215
0017
Report of laundry wastewater being
discharged to ROW/MS4. Property owner of
renal house discontinues use of washer and
makes repairs to piping. Prohibited
discharges eliminated.
LDS Church
814 S. 308th St
Unknown
foaming
chemical
dumping
2/26/15
226/15
2/26/15
1
Notice of
32/15
N/A
N/A
3/10/15
12
15 100999
Investigation
082104 9148
S -0315-
0022
CPR5
Citizen report received of excessive foaming
in MS4 roadside ditch on S. 308th St.
Investigation leads to LDS church. Required
to vector out all impacted CBs and structures
on site. G -3 notification provided to Ecology.
However, inspections downstream in Cold
Creek did not indicate impacts.
Sagemax
34210 9th Ave S
Zirconium
I
dust d m
dust
3/6/15
3/6/15
1
Notice of
Correction
3/6/15
Immediately
N/A
/15
4/2/15
27
15 101094
Investigation
926480 0090
5 -0375-
0018
W H09
SWM commercial site inspection documents
large amounts of white zirconium dust tracked
into rear parking lot with potential for
stormwater pollution. Business required to
vector out impacted portions of on -site
stormwater system and to implement proper
BMP5.
ROW
From 29039 7th PI S.
to 28912 7th PI S.
Unknown
(paint?)
3/18/15
3/18/15
1
N/A
N/A
N/A
N/A
03/18/15
1
N/A
N/A
N/A
S -0315-
0029
Possible latex paint found by SWM video
inspection crew possibly impacting several
MS4 CBs. Cannot locate source or
responsible party. Eversons dispatched to
vector out all waste.
IHOP
178 Campus Drive
Cooking oil
3/20/15
320/15
1
Notice of
Correction
3/24/15
4/6/15
N/A
4/6/75
13
15- 101403
415920 0720
0-0515-
0008
Spillage of cooking grease around receptacle
with impacts to on site storm drainage system.
All waste properly mitigated . IHOP
implements BMPs.
Burger
Express
32805 Pac Hwy S.
Restaurant
grease (illicit
discharge)
5/16/14
5/16/14
1
Enforcement via
email. Previous
investigation.
05/16/14
Continue to
monitor for
compliance
through 2015
on-going
13- 103604
Investigation
172104 9065
5 -1013-
0026
WI-111
Follow up on previous investigation. Additional
grease coming out of roof ventilation system
impacting stormwater quality. BMP installed
on roof. Continue to monitor its effectiveness.
Best Western
32124 25th Ave S
Latex Paint
520/15
520/15
1
Notice of
Correction
5/20/15
5/20/15
520/15
7/10/15
50
15 102579
Investigation
797820 0540
S-0515-
0009
Painting contractor rinsing out equipment and
discharging paint waste to on site storm
system. System properly vectored.
Implementation of BMP5.
Spectrum
Pe
Business
Park
S. 341st PI./ KAMG
Management
Mist. Auto-
related wastes
521/14
'5/21/14
1
Enforcement via
email. Previous
investigation.
521/14
N/A
N/A
Continue to
monitor for
compliance
through 2015
on-going
11- 103092
Investigation
Various
0- 0911 -
0007
WI-108
Follow up on previous investigation. Additional
auto -related (auto body) wastes documented
over several week period from several
business in commercial park. Properly
management firm required to fully implement
the SWPPP that they developed in 2011.
Commercial
ProPertY
33310 Pac Hwy
Cooking oil
5/28/15
5/28/15
1
Notice of
Correction
5/29/15
6/8/15
7/9/15
7/9/15
40
15- 102552
Compliance
797820 0025
5 -051
0013
Poor management of cooking oil, significant
discharge of waste to ground and around
container. Required to properly clean up all
spilled material and implement BMPs.
Stormwater system not directly impacted.
Page 3 of 5
2016 NPDES Annual Report - Attachment 3
City of Federal Way
Attachment 3 - IDDE Summary of Actions
Violator
LocationlAddress
Type of
Discharge
Date of
Report or
Discovery
Initiation of
Investigation
Days
SWM Code
Enforcement
Action
Enforcement Timeline
Date
Investigation
Terminated
Total Days
for
Complianc
e
Amanda
Folder#
Amanda
Status
Parcel
VuWorks
Sub
Basin
Notes (see Water Quality file for detailed info)
Date Issued
Date Due
Date
Returned
Center Plaza
c/o Total Property
management
Cooking oil
62/15
6215
1
Notice of
Correction
6215
6/12/15
N/A
7/7/15
35
15- 102552
Compliance
092104 9297
Poor management of cooking oil, significant
discharge or waste to ground and around
container. Receptacle moved to landscaped
area.
The
Crossings
35002 Pac Hwy S
Leaking
compactor
7/1/15
7/1/15
1
Notice of
Correction
7/1/15
7/15/15
N/A
07/07/15
6
15- 103109
Investigation
185295 0050
S -0715-
0006
Leaking dumpster. Material cleaned up and
no further discharges noted.
Costco
35100 Enchanted
Pkwy
Leaking
compactor
7/10/15
7/10/15
1
Notice of
Correction
7 /14/15
7/28/15
728/15
0728/15
18
15- 103326
Compliance
P
219260 0180
Leaking compactor. Unit replaced with new
Private
residence
1423 S 289th St
Sediment
7/21/15
7/21/15
1
WO Violation
letter
7/21/15
N/A
N/A
7/21/15
1
N/A
N/A
516210 0470
Driveway construction with sediment released
to ROW. Homeowner properly cleans up
waste in the curb line.
Stacks
1706 S 320th
Cooking oil
7/21/15
7/21/15
1
Notice of
Correction
7/22/15
8/4/15
7/31/15
7/31/15
9
15- 103556
092104 9208
Mismanagement of cooking oil. Business
required to implement proper BMPs.
Farmers
Market
Commons Mall
Food related
waste
7/27/15
7/27/15
1
N/A
N/A
N/A
N/A
8/7/15
11
N/A
N/A
762240 0158
Food related waste discharged loon site CBs
in Commons Mall west parking lot. Must have
originated from farmers Market vendors.
Farmers market hires vector service to
remove waste and distribute BMPs to all
vendors.
Tender Care
Mobile Dog
Grooming
Al 32637 39th PI SW
Soap
8/7/15
6/7/15
1
WQ Violation
letter
8/7/15
N/A
N/A
N/A
N/A
N/A
N/A
N/A
SWM personnel observe illicit discharge of
soap from mobile dog grooming business
operating at 32637 39th PI SW. Cease and
desist at the site. Issued BMP information to
business and homeowner.
Property
Owner
2650 SW DASH
POINT RD
demolition
debris
11/6/15
11/x/15
1
WO Violation
letter
11/12/15 5
12/31/15 5
on going
49
15100350
VO
open
1221039045
Inspector determined that buried materials
represent a point source pollutant to ground
and surface waters. Mike Fyles generated a
Water Quality Violation Letter on 11 -12 -15 to
order removal of all demolition debris by
December 31 2015.
School
District
Mirror Lake Elm.
wood chips
causing IDDE
11/12/15
11 /1217 5
contact school to
restore ROW
remove wood
chips
voicemail to
school
closed
Call from adjoining property owner concerned
about wood chip mulch causing water quality
issue and blockage of storm drain. Will
require school district to remove chips from
ROW. Wood chips are an approved ground
cover and do not harm water quality.
INVITATION
HOMES
611 301 STS
Organics
turbidity,
possble
11/24/15
1124/15
2
STOP WORK
Ma
n/a
n/a
1125/15
nla
15105974
VO
open
5152000210
n/a
The property had sewer backup flooding the
daylight basement level of the home. Water
samples were taken from the catch basin and
the illicit discharge had travel some distance.
SWM required the plumbing contractor o have
a Vector truck respond immediately to jet the
lines.
Property
owner
33303 43 AVE SW
84306 SW 333
illicit no
erosion
control
12/8/15
12/8/15
3
Stop work
12/8/15
on going
open
1421039048
01421039047
Fire Marshal called regarding illegal burning
structure
of ture possible erosion issues,
responded and took Pis stop work order no
erosion control in place clearing and grading
within wetland buffer zone
Page 4 of 5
COUNCIL MEETING DATE: March 15, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2016 ASPHALT OVERLAY PROJECT BID AWARD
POLICY QUESTION: Should the Council award the 2016 Asphalt Overlay Project to the lowest responsive, responsible
bidder?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: March 7, 2016
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
❑ Public Hearing
LI Other
STAFF REPORT BY: Jeff Huynh Street Systems Engineer< i DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated March 7, 2016.
Options Considered:
1. Award Schedules A, B, C and D of the 2016 Asphalt Overlay Project to Tucci and Sons, Inc., the lowest
responsive, responsible bidder, in the amount of $1,418,743.00 and approve a 12% contingency of
$170,907.00, for a total of $1,589,650.00 and authorize the Mayor to execute the contract. If project
funding allows, staff recommends approving adding all or a portion of Schedule "E" back into the
contract with the understanding that the total cost will not exceed the total funding available for this
program.
2. Reject all bids for the 2016 Asphalt Overlay Project and direct staff to rebid the project and retum to
Committee for further action.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Mar
Consent Agenda for approval.
MAYOR APPROVAL:
CHIEF OF STAFF:
DIRECTOR APPROVAL:
ee
Initial /Date
Coun
Initial /Date
Council
Initial /Dat
15, 2016 City Council
',IN
1 tial/Date
-124 ►i�.
COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the March 15, 2016 City
Council consent agenda for approval.
Kelly M ey, Chair v Ly Assefa- a son, Member Mark Koppang(Member
PROPOSED COUNCIL MOTION: "I move to authorize aff to Award Schedules A, B, C and D of the 2016 Asphalt
Overlay Project to Tucci and Sons, Inc., the lowest responsive, responsible bidder, in the amount of $1,418,743.00
and approve a 12% contingency of $170,907.00, for a total of $1,589,650.00 and authorize the Mayor to execute the
contract. If project funding allows, staff recommends approving adding all or a portion of Schedule "E" back into
the contract with the understanding that the total cost will not exceed the total funding available for this program."
(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: March 7, 2016
TO: Land Use and Transportation Committee
VIA: Jim Farrell, Mayor
Marwan Salloum, P.E., Public Works Director
,i_e.
Jeff Huynh, Street Systems Engineer -
SUBJECT: 2016 Asphalt Overlay Project - Bid Award
FROM:
BACKGROUND:
Four bids were received and opened on February 24, 2016 for the 2016 Asphalt Overlay Project; please see
attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Tucci and Sons, Inc., with a total
bid of $1,758,709.52.
AVAILABLE FUNDING:
The available budget for the 2016 Asphalt Overlay Project is $1,681,267 and is comprised of the following:
• 2016 Overlay Budget
• 2016 Structures Budget
TOTAL PROGRAM FUNDING AVAILABLE:
$ 1,515,000
$ 166,267
$ 1,681,267
ESTIMATED EXPENDITURES:
The following is a breakdown of the estimated total project construction costs based on the low bid:
SCHEDULE
DESCRIPTION
AMOUNT
A
47th Ave SW - SW 320th to SW Dash Point Road
$279,219
B
SW 356th Street — 2nd Ave S to 4th Pl SW
$328,811
C
S 336th Street — 1st Way S to 10th P1 S
$340,858
D
Twin Lakes Highlands
$469,855
E **
10th Ave SW— SW Campus Dr to 7th Ct SW
$339,966
ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS:
$1,758,709
10% Construction Contingency
$175,870
In -house Design and Construction Administration
$88,117
Printing and Advertising
$3,500
ESTIMATED TOTAL PROGRAM COST:
$2,026,196
There is not enough available Asphalt Overlay program funding to award all of the 2016 Asphalt Overlay
Project schedules. Therefore, staffs recommend awarding Schedules A, B, C, and D of the 2016 Asphalt
Overlay Project to Tucci and Sons, Inc., the lowest responsive, responsible bidder, in the amount of
$1,418,743.00 and approve a 12% contingency of $170,907.00, for a total of $1,589,650.00 and authorize the
Mayor to execute the contract. If project funding allows, staff recommends approving adding all or a portion
of Schedule "E" back into the contract with the understanding that the total cost will not exceed the total
funding available for this program.
• Awarded Schedules (A, B, C and D) $ 1,418,743
• 12% Construction Contingency $ 170,907
In -house Design and Construction Administration $ 88,117
• Printing and Advertising $ 3,500
ESTIMATED TOTAL AUTHORIZED COST: $ 1,681,267
** Due to budget shortfall, Schedule E will not be recommended for award as this time.
k: \Iutc\2016 \03 -07 -16 2016 Asphalt Overlay Project Bid Award.doc
2016 ASPHALT OVERLAY PROJECT
RFB No. 16 -001
BID OPENING DATE FEBRUARY 24, 2016
Vendor Name - - ->
Location >
Bid 1
Tucci and Sons, Inc.
Tacoma, WA
Bid 2
Miles Resources, LLC
Puyallup, WA
Bid 3
Lakeside Industries, Inc.
Covington, WA
Bid 4
ICON Materials
Tukwila, WA
Engineer
Estimate
Item i Amount Unit
Price Total
Price Total
Price Total
Price Total
Price Total
SCHEDULE A - 47TH AVE SW (SW 320TH ST TO SW DASH POINT RD)
1
Mobilization
1
LS
$21,600.00
$21,600.00
$33,000.00
$33,000.00
$28,500.00
$28,500.00
$45.000.00
$45,000.00
$26,994.02
$26,994.02
2
3
4
Traffic Control Labor
560
HR
848.00
826,880.00
$48.00
$26,880.00
$48.00
$26,880.00
$48.00
$26,880.00
$48.00
$26,880.00
Other Traffic Control Labor
35
HR
$48.00
$1,680.00
$48.00
$1,680.00
$48.00
$1,680.00
$48.00
$1,680.00
$48.00
$1,680.00
Asphalt/Cement Concrete Sawcutting
5138
LF
$0.01
$51.38
$0.01
$51.38
$0.01
$51.38
80.05
$256.90
80.01
$51.38
5
Roadway Excavation Incl. Haul
180
CY
896.00
817,280.00
$50.00
$9,000.00
$115.00
$20,700.00
$130.00
$23,400.00
$86.00
$15,480.00
6
Construction Geosynthetic for Separation
200
SY
$1.00
$200.00
$0.50
$100.00
$0.10
$20.00
$0.60
$120.00
$0.50
$100.00
7
CSTC for Pavement Repair and Roadway Widening, Incl. Haul
100
TN
$18.00
81,800.00
$15.00
$1,500.00
$15.00
$1,500.00
$18.00
$1,800.00
$20.00
$2,000.00
8
Planing Bituminous Pavement
6056
SY
$3.65
$22,104.40
$3.00
$18,168.00
$3.25
$19,682.00
$4.00
$24,224.00
$3.50
$21,196.00
9
HMA Class 1/2" PG 64 -22
1710
TN
$60.00
$102,600.00
$67.00
$114,570.00
$70.00
$119,700.00
$76.00
$129,960.00
$69.50
$118,845.00
10
HMA Class 1/2" PG 64 -22 for Pavement Repair & Roadway
368
TN
$97.00
$35,696.00
890.00
$33,120.00
$90.00
$33,120.00
$125.00
$46,000.00
$112.00
$41,216.00
11
Adjust Manhole
2
EA
$650.00
$1,300.00
$550.00
$1,100.00
$525.00
$1,050.00
$600.00
81,200.00
$500.00
$1,000.00
12
Adjust Catch Basin
10
EA
$650.00
$6,500.00
$550.00
$5,500.00
$525.00
$5,250.00
$600.00
$6,000.00
$500.00
$5,000.00
13
Adjust Existing Monument Case and Cover
2
EA
$305.00
$610.00
$325.00
$650.00
$325.00
$650.00
$375.00
$750.00
$300.00
$600.00
14
Cement Conc. Curb Ramp Type 2 Parallel, Complete
1
EA
$4,100.00
$4,100.00
$3,500.00
$3,500.00
$4,000.00
$4,000.00
$3,800.00
83,800.00
$3,175.00
$3,175.00
15
Cement Conc. Curb Ramp Type 1 Perpendicular, Complete
2
EA
83,000.00
86,000.00
$3,500.00
$7,000.00
$2,900.00
$5,800.00
$2.700.00
$5,400.00
$3,000.00
66.000.00
16
Maintenance Rock for Shoulder Reconstruction, Incl. Haul
60
TN
$70.00
$4,200.00
$80.00
$4,800.00
$25.00
$1,500.00
$56.00
$3,360.00
$50.00
$3,000.00
17
Removal and Replacement of Concrete Sidewalk
37
SY
$125.00
$4,625.00
$70.00
$2,590.00
$95.00
$3,515.00
$130.00
$4,810.00
$75.00
$2,775.00
18
Removal and Replacement of Concrete Approach
36
SY
$135.00
$4,860.00
$110.00
$3,960.00
$100.00
$3,600.00
$130.00
$4,680.00
$82.00
$2,952.00
19
Raised Pavement Marker, Type 2
2
HUND
$444.00
$888.00
$500.00
$1,000.00
$444.00
$888.00
$550.00
$1,100.00
$385.00
$770.00
20
Hydrant Marker, Type 2B
2
EA
$44.00
$88.00
$25.00
$50.00
$44.00
$88.00
$29.00
$58.00
$10.00
$20.00
21
Profiled Plastic Line
5542
LF
$1.40
$7,758.80
$1.50
$8,313.00
$1.41
$7,814.22
81.60
$8,867.20
$1.35
$7,481.70
22
Plastic Edge Line
4289
LF
80.80
83,431.20
$1.20
$5,146.80
$0.77
$3,302.53
$1.30
$5,575.70
$1.35
$5,790.15
23
Profiled Plastic Wide Line
100
LF
$5.00.
$500.00
$5.00
$500.00
$5.00
$500.00
85.15
8515.00
$4.50
$450.00
24
Plastic Crosswalk Line
140
LF
$7.00
$980.00
$5.00
$700.00
$7.00
$980.00
$5.15
$721.00
$4.20
$588.00
25
Plastic Stop Line
60
LF
$7.00
$420.00
$7.00
$420.00
$7.00
$420.00
$7.50
$450.00
$5.00
$300.00
26
Plastic Traffic Arrow
6
EA
8100.00
8600.00
$125.00
$750.00
$100.00
$600.00
$145.00
$870.00
$80.00
$480.00
27
Painted Bike Symbol
4
EA
$55.00
8220.00
$50.00
$200.00
$55.00
$220.00
$57.00
$228.00
$50.00
$200.00
28
Sod Lawn, Incl. 4 In Topsoil
7
SY
850.00
8350.00
$45.00
$315.00
$50.00
$350.00
$63.00
$441.00
$50.00
$350.00
29
Portable Changeable Message Sign
24
DAY
$79.00
$1,896.00
$85.00
$2,040.00
$75.00
$1,800.00
$85.00
$2.040.00
$65.00
$1,560.00
Subtotal Schedule A
$279,218.78
$286,604.18
$294,161.13
$350,186.80
$296,934.25
SCHEDULE B - SW 356TH ST (2ND AVE S TO 4TH PL SW)
1
Mobilization
1
LS
$21,600.00
521,600.00
838,000.00
$38,000.00
$35,000.00
$35,000.00
$45,000.00
$45,000.00
$32,544.97
$32,544.97
2
Traffic Control Labor
560
HR
$48.00
826,880.00
$48.00
$26,880.00
848.00
$26,880.00
848.00
$26,880.00
$48.00
$26,880.00
3
Other Traffic Control Labor
40
HR
848.00
$1,920.00
$48.00
$1,920.00
$48.00
$1,920.00
$48.00
$1,920.00
$48.00
$1,920.00
4
Off Duty Uniformed Police Officer
48
HR
867.00
$3,216.00
$67.00
$3,21680
$67.00
$3,216.00
$67.00
$3,216.00
$67.00
$3,216.00
5
Asphalt/Cement Concrete Sawcutting
3202
LF
$0.01
832.02
$0.01
$32.02
$0.01
$32.02
$0.05
$160.10
80.01
$32.02
6
Roadway Excavation Incl. Haul
140
CY
$100.00
$14,000.00
$60.00
$8,400.00
$95.00
$13,300.00
$150.00
$21,000.00
$86.00
$12,040.00
7
Construction Geosynthetic for Separation
200
SY
81.00
$200.00
$0.50
$100.00
80.10
$20.00
$0.60
$120.00
$0.50
$100.00
8
CSTC for Pavement Repair and Roadway Widening, Incl. Haul
100
TN
818.00
$1,800.00
$15.00
$1,500.00
$15.00
$1,500.00
$18.00
$1,800.00
$20.00
$2,000.00
9
Planing Bituminous Pavement
5470
SY
$3.90
$21,333.00
$4.00
$21,880.00
$3.10
$16,957.00
$4.00
$21,880.00
$3.50
$19,145.00
10
HMA Class 1/2" PG 64 -22
2125
TN
$59.00
$125,375.00
$67.00
$142,375.00
$68.00
$144,500.00
$73.00
$155,125.00
869.50
$147,687.50
11
HMA Class 1/2" PG 64 -22 for Pavement Repair and Roadway
297
TN
8100.06
$29,700.00
$110.00
$32,670.00
$90.00
826,730.00
$125.00
$37,125.00
$112.00
$33,264.00
12
Adjust Manhole
1
EA
$650.00
8650.00
$550.00
8550.00
$525.00
$525.00
$600.00
$600.00
$500.00
$500.00
13
Adjust Existing Monument Case and Cover
5
EA
$305.00
$1,525.00
$325.00
$1,625.00
$325.00
$1,625.00
$375.00
$1,875.00
$300.00
$1,500.00
14
Cement Conc. Curb Ramp Type 1 Parallel, Complete
1
EA
84,100.00
$4,100.00
$3,600.00
$3,600.00
$4,000.00
$4,000.00
$3,800.00
$3,800.00
$3,000.00
$3,000.00
15
Cement Conc. Curb Ramp Type 2 Parallel, Complete
7
EA
$3,000.00
821,000.00
$3,600.00
$25,200.00
$4,000.00
$28,000.00
$3,800.00
$26,600.00
$3,175.00
$22,225.00
16
Removal and Replacement of Concrete Curb and Gutter
30
LF
$65.00
$1,950.00
$75.00
$2,250.00
$56.00
$1,680.00
$60.00
$1,800.00
$67.00
$2,010.00
17
Removal and Replacement of Concrete Sidewalk
61
SY
$125.00
87,625.00
$70.00
$4,270.00
$95.00
$5,795.00
$110.00
$6,710.00
$75.00
$4,575.00
18
Maintenance Rock for Shoulder Reconstruction, Incl. Haul
25
TN
$80.00
$2,000.00
$80.00
$2,000.00
$30.00
$750.00
$65.00
$1,625.00
$50.00
$1,250.00
19
Raised Pavement Marker, Type 2
3.02
HUND
$444.00
$1,340.88
$500.00
$1,510.00
$444.00
$1,340.88
$550.00
$1,661.00
$385.00
$1,162.70
20
Hydrant Marker, Type 2B
4
EA
$44.00
$176.00
$25.00
$100.00
$44.00
$176.00
$29.00
$116.00
$10.00
840.00
21
Detector Loop
22
EA
8520.00
811,440.00
$700.00
$15,400.00
$516.00
$11,352.00
$600.00
813,200.00
$600.00
$13,200.00
22
Profiled Plastic Line
9193
LF
$1.40
812,870.20
$1.50
$13,789.50
$1.41
$12,962.13
$1.60
$14,708.80
$1.35
$12,410.55
23
Plastic Edge Line
3877
LF
$0.80
83,101.60
$1.20
84,652.40
$0.77
$2,985.29
51.25
$4,846.25
$1.35
$5,233.95
24
Profiled Plastic Wide Line
760
LF
$5.00
$3,800.00
$5.00
$3,800.00
85.00
$3,800.00
$5.15
$3,914.00
$4.50
$3,420.00
25
Plastic Crosswalk Line
640
LF
$7.00
$4,480.00
$5.00
$3,200.00
$7.00
$4,480.00
$5.15
$3,296.00
$4.20
$2,688.00
26
Plastic Stop Line
76
LF
$7.00
$532.00
$7.00
$532.00
$7.00
$532.00
$7.45
$566.20
$5.00
$380.00
Page 1 of 3
2016 ASPHALT OVERLAY PROJECT
RFB No. 16 -001
BID OPENING DATE FEBRUARY 24, 2016
Vendor Name - - ->
Location >
Bid 1
Tucci and Sons, Inc.
Tacoma, WA
Bid 2
Miles Resources, LLC
Puyallup, WA
Bid 3
Lakeside Industries, Inc.
Covington, WA
Bid 4
ICON Materials
Tukwila, WA
Engineer
Estimate
Item
Amount Unit
Price Total
Price Total
Price Total
Price Total
Price Total
27
Plastic Traffic Arrow
17
EA
$100.00
$1.700.00
$125.00
_
$2,125.00
$100.00
$1,700.00
$145.00
$2,465.00
$80.00
$1,360.00
28
Plastic Traffic Letter
8
EA
$45.00
$360.00
$50.00
$400.00
$45.00
$360.00
$57.00
$456.00
$65.00
$520.00
29
Painted Bike Symbol
10
EA
$55.00
$550.00
$50.00
$500.00
$55.00
$550.00
$57.00
$570.00
$50.00
$500.00
30
Sod Lawn, Incl. 4 In Topsoil
30
SY
$50.00
81,500.00
$45.00
$1,350.00
$50.00
$1,500.00
$63.00
$1,890.00
$50.00
$1,500.00
31
Portable Changeable Message Sign
26
DAY
$79.00
$2,054.00
$85.00
$2,210.00
$75.00
$1,950.00
$85.00
$2,210.00
$65.00
$1,690.00
Subtotal Schedule B
$328,810.70
$366,036.92
$356,118.32
$407,135.35
$357,994.69
-
SCHEDULE C - S 336TH ST (1ST WAY S TO 10TH AVE S)
1
Mobilization
1
LS
$22,900.00 $22,900.00 $38,000.00
$38,000.00
$35,000.00
$35,000.00
$65,000.00
$65,000.00
$33,012.45
$33,012.45
2
Traffic Control Labor
560
HR
$48.00 $26,880.00 $48.00
$26,880.00
$48.00
$26,880.00
$48.00
$26,880.00
$48.00
$26,880.00
3
Other Traffic Control Labor
40
HR
$48.00 $1,920.00 $48.00
$1,920.00
$48.00
$1,920.00
$48.00
$1,920.00
$48.00
$1,920.00
4
Off Duty Uniformed Police Officer
128
HR
$67.00 $8,576.00 $67.00
$8,576.00
$67.00
$8,576.00
$67.00
$8,576.00
$67.00
$8,576.00
5
Asphalt/Cement Concrete Sawcutting
2312
LF
$0.01 823.12 $0.01
$23.12
$0.01
$23.12
$0.05
$115.60
$0.01
$23.12
6
Roadway Excavation Incl. Haul
87
CY
8115.00 $10,005.00 $80.00
$6,960.00
$125.00
$10,875.00
$160.00
$13,920.00
$86.00
$7,482.00
7
Construction Geosynthetic for Separation
200
SY
$1.00 $200.00 $0.50
$100.00
$0.10
$20.00
$3.00
$600.00
$0.50
$100.00
8
CSTC for Pavement Repair and Roadway Widening, Incl. Haul
100
TN
818.00 $1,800.00 $15.00
$1,500.00
$15.00
$1,500.00
$50.00
$5,000.00
$20.00
$2,000.00
9
Planing Bituminous Pavement
11290
SY
$3.15 $35,563.50 $3.00
$33,870.00
$3.15
$35,563.50
$4.00
$45,160.00
$3.50
$39,515.00
10
HMA Class 1/2" PG 64 -22
1925
TN
$61.00 $117,425.00 $67.00
$128,975.00
$66.00
$127,050.00
$73.00
$140,525.00
$69.50
$133,787.50
11
HMA Class 1/2" PG 64 -22 for Pavement Repair and Roadway
180
TN
$110.00 $19,800.00 $155.00
$27,900.00
$90.00
$16,200.00
$125.00
$22,500.00
$112.00
$20,160.00
12
Adjust Manhole
5
EA
$650.00 $3,250.00 $550.00
$2,750.00
$850.00
$4,250.00
$600.00
$3,000.00
$500.00
$2,500.00
13
Adjust Catch Basin
1
EA
8650.00 $650.00 $550.00
$550.00
$850.00
$850.00
$600.00
$600.00
$500.00
$500.00
14
Adjust Existing Monument Case and Cover
5
EA
$305.00 81,525.00 $325.00
$1,625.00
$550.00
$2,750.00
$375.00
$1,875.00
$300.00
$1,500.00
15
Removal and Replacement of Conc. Precast Sloped Mountable Curb
2.5
LF
$100.00 $250.00 $30.00
$75.00
$115.00
$287.50
$150.00
$375.00
$35.00
$87.50
16
Removal and Replacement of Conc. Precast Dual Sloped Mountable
197.5
LF
$17.00 $3,357.50 $30.00
$5,925.00
$32.00
$6,320.00
$25.00
$4,937.50
$35.00
$6,912.50
17
Cement Conc. Curb Ramp Type 1 Parallel, Complete
1
EA
$4,100.00 $4,100.0(6 $3,800.00
83.800.00
$4,000.00
$4,000.00
$3,800.00
$3,800.00
$3,000.00
$3,000.00
18
Cement Conc. Curb Ramp Type 2 Parallel, Complete
8
EA
$4,100.00 $32,800.06 $3,800.00
$30,400.00
$4,000.00
$32,000.00
$3,800.00
$30,400.00
$3,175.00
$25,400.00
19
Removal and Replacement of Concrete Sidewalk
23
SY
$125.00 $2,875.00 $70.00
$1,610.00
$95.00
$2,185.00
$210.00
$4,830.00
$75.00
$1,725.00
20
Raised Pavement Marker, Type 2
3.08
HUND
$444.00 $1,367.52- $500.00
$1,540.00
$444.00
$1,367.52
$550.00
$1,694.00
$385.00
$1,185.80
21
Hydrant Marker, Type 2B
5
EA
$44.06 $220.00 $25.00
$125.00
$44.00
$220.00
$29.00
$145.00
$10.00
$50.00
22
Detector Loop
37
EA
$510.06 118,870.00 $700.00
$25,900.00
$508.00
$18,796.00
$600.00
$22,200.00
$600.00
$22,200.00
23
profiled Plastic Line
5020
LF
$1.46 $7,028.00' $1.50
$7,530.00
$1.41
$7,078.20
$1.61
$8,082.20
$1.35
$6,777.00
24
Plastic Edge Line
2566
LF
$0.80 $2,052.80 $1.20
$3,079.20
$0.77
$1,975.82
$1.25
$3,207.50
$1.35
$3,464.10
25
Profiled Plastic Wide Line
1090
LF
$5.00 $5,450.00 $5.00
$5,450.00
$5.00
$5,450.00
$5.15
$5,613.50
$4.50
$4,905.00
26
Plastic Crosswalk Line
520
LF
$7.00 83,640.00 $5.00
$2,600.00
$7.00
$3,640.00
$5.15
$2,678.00
$4.20
$2,184.00
27
Plastic Stop Line
118
LF
$7.00 $826.00 $7.00
$826.00
$7.00
$826.00
$7.45
$879.10
$5.00
$590.00
28
Plastic Traffic Arrow
22
EA
$100.00 $2,200.00 $125.00
$2.750.00
$100.00
$2.200.00
8145.00
$3,190.00
$80.00
$1,760.00
29
Sod Lawn, Incl. 4 In Topsoil
65
SY
$50.00 $3,250.00 $45.00
$2,925.00
$50.00
$3,250.00
$63.00
$4,095.00
$50.00
$3,250.00
30
Portable Changeable Message Sign
26
DAY
$79.00 $2,054.00 $85.00
$2,210.00
$75.00
$1,950.00
$85.00
$2,210.00
$65.00
$1,690.00
Subtotal Schedule C
$340,858.44
$376,374.32
8363,003.66
$434,008.40
$363,136.97
SCHEDULE D - TWINLAKES HIGHLANDS
1
Mobilization
1
LS
$20,000.00
$20,000.00
$48,000.00
$48,000.00
$50,000.00
$50,000.00
$75,000.00
$75,000.00
$40,904.61
$40,904.61
2
Traffic Control Labor
660
HR
$48.00
$31,680.00
$48.00
$31,680.00
$48.00
$31,680.00
$48.00
$31,680.00
$48.00
$31,680.00
3
Other Traffic Control Labor
40
HR
$48.00
$1.920.00
$48.00
$1,920.00
$48.00
$1,920.00
$48.00
$1,920.00
$48.00
$1,920.00
4
Asphalt/Cement Concrete Sawcutting
1312
LF
$0.01
$13.12
$0.01
$13.12
$0.01
$13.12
$0.05
$65.60
$0.01
$13.12
5
Roadway Excavation Incl. Haul
36
' CY
8125.00
$4,500.00
$110.00
$3,960.00
$200.00
$7,200.00
$180.00
$6,480.00
586.00
$3,096.00
6
Construction Geosynthetic for Separation
70
SY
$1.00
$70.00
$0.50
$35.00
$0.10
$7.00
$0.60
$42.00
$0.50
$35.00
7
CSTC for Pavement Repair and Roadway Widening, Incl. Haul
15
TN
$18.00
$270.00
$15.00
$225.00
$15.00
$225.00
$18.00
$270.00
$20.00
$300.00
8
Planing Bituminous Pavement
8970
SY
$3.35
830,049.50
$3.30
$29,601.00
$3.05
$27,358.50
$4.00
$35,880.00
$3.50
$31,395.00
9
HMA Class 1/2" PG 64 -22
1750
TN
$67.00
$117,250.00
$71.00
$124,250.00
$75.00
$131,250.00
$75.00
$131,250.00
$69.50
$121,625.00
10
HMA Class 1/2" PG 64 -22 for Pavement Repair and Roadway
90
TN
$125.00
$11,250.00
$180.00
$16,200.00
$125.00
$11,250.00
$125.00
$11,250.00
$112.00
$10,080.00
11
Paving Fabric
6368
SY
$3.10
$19,740.80
$4.00
$25,472.00
$4.35
527,700.80
$4.00
$25,472.00
$3.50
$22,288.00
12
Adjust Manhole
7
EA
5650.00
$4,550.00
$550.00
$3,850.00
$525.00
53,675.00
$600.00
$4,200.00
$500.00
$3,500.00
13
Adjust Catch Basin
2
EA
$650 00
$1,300.00
$550.00
$1,100.00
$525.00
$1,050.00
$600.00
$1,200.00
$500.00
$1,000.00
14
Adjust Existing Monument Case and Cover
25
EA
5305.00
$7,625.00
$325.00
$8,125.00
$325.00
$8,125.00
$375.00
$9,375.00
$300.00
$7,500.00
15
Cement Conc. Curb Ramp Type 1 Parallel, Complete
15
EA
$4,100.00
$61,500.00
$3,600.00
$54,000.00
$4,000.00
$60,000.00
$3,800.00
$57,000.00
$3,000.00
545,000.00
16
Cement Conc. Curb Ramp Type 2 Parallel, Complete
15
EA
$4,100.00
561,500.00
$3,600.00
$54,000.00
$4,000.00
$60,000.00
$3,800.00
$57,000.00
$3,175.00
$47,625.00
17
Cement Conc. Curb Ramp Type Single Direction, Complete
5
EA
84,100.00
$20,500.00
$3,600.00
$18,000.00
$4,000.00
$20,000.00
$3,800.00
$19,000 00
$3,000.00
$15,000.00
18
Removal and Replacement of Concrete Curb and Gutter
507
LF
854.00
827,378.00
$45.00
$22,815.00
$51.00
$25,857.00
$50.00
$25,350.00
$67.00
$33,969.00
19
Removal and Replacement of Concrete Sidewalk
272
SY
8115.00
$31,280.00
$70.00
$19,040.00
$95.00
$25,840.00
$135.00
$36,720.00
$75.00
$20,400.00
Page 2 of 3
2016 ASPHALT OVERLAY PROJECT
RFB No. 16 -001
BID OPENING DATE FEBRUARY 24, 2016
Vendor Name - - ->
Location >
Bid 1
Tucci and Sons, Inc.
Tacoma, WA
Bid 2
Miles Resources, LLC
Puyallup, WA
Bid 3
Lakeside Industries, Inc.
Covington, WA
Bid 4
ICON Materials
Tukwila, WA
Engineer
Estimate
Item
Amount Unit
Price Total
Price Total
Price Total
Price Total
_
` Price Total
20
Removal and Replacement of Concrete Approach
105
SY
$125.00
$13,125.00
$110.00
$11,550.00
$100.00
$10,500.00
$200.00
$21,000.00
$82.00
$8,610.00
21
Hydrant Marker, Type 2B
8
EA
$44.00
$352 00
$25.00
$200.00
$44.00
$352.00
$29.00
$232.00
$10.00
$80.00
22
Plastic Stop Line
36
LF
$7.00
$252.00
$7.00
$252.00
$7.00
$252.00
$7.45
$268.20
$5.00
$180.00
23
Sod Lawn, Incl. 4 In Topsoil
75
SY
$50.00
$3,750.00
$45.00
$3,375.00
$50 00
$3,750.00
$63.00
$4,725.00
$50.00
$3,750.00
Subtotal Schedule D
$469,855.42
$477,663.12
$508,005.42
$555,379.80
$449,950.73
_
SCHEDULE E - 10TH AVE SW (SW CAMPUS DR TO 7TH CT SW)
1
Mobilization
1
LS
$21,000.00
$21,000.00
$37,000.00
$37,000.00
$35.000.00
$35,000.00
$52,000.00
$52,000.00
$31,935.47
$31,935.47
2
Traffic Control Labor
580
HR
$48.00
$27,840.00
$48.00
$27,840.00
$48.00
$27,840.00
$48.00
$27,840.00
$48.00
$27,840.00
3
Other Traffic Control Labor
40
HR
$48.00
$1,920.00
$48.00
$1,920.00
$48.00
$1,920.00
$48.00
$1,920.00
$48.00
$1,920.00
4
Off Duty Uniformed Police Officer
56
HR
$67.00
$3,752.00
$67.00
$3,752.00
$67.00
$3,752.00
$67.00
$3,752.00
$67.00
$3,752.00
5
Roadside Cleanup
1
FA
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
6
Asphalt/Cement Concrete Sawcutting
2138
LF
$0.01
$21.38
$0.01
$21.38
$0.01
$21.38
$0.05
$106.90
$0.01
$21.38
7
Roadway Excavation Incl. Haul
97
CY
$115.00
$11,155.00
$75.00
$7,275.00
$110.00
$10,670.00
$120.00
$11,640.00
$86.00
$8,342.00
8
Construction Geosynthetic for Separation
200
SY
$1.00
$200.00
$0.50
$100.00
$0.10
$20.00
$0.60
$120.00
$0.50
$100.00
9
CSTC for Pavement Repair and Roadway Widening, Incl. Haul
150
TN
$18.00
$2,700.00
$15.00
$2,250.00
$15.00
$2,250.00
$18.00
$2,700.00
$20.00
$3,000.00
10
Planing Bituminous Pavement
8452
SY
$3.60
$30,427.20
_
$3.00
$25,356.00
$3.15
$26,623.80
$4.00
$33,808.00
$3.50
$29,582.00
11
HMA Class 1/2" PG 64 -22
1995
TN
$59.00
$117,705.00
$67.00
$133,665.00
$66.00
$131,670.00
$73.00
$145,635.00
$69.50
$138,652.50
12
HMA Class 1/2" PG 64 -22 for Pavement Repair and Roadway
200
TN
$110.00
$22,000.00
$135.00
$27,000.00
$90.00
$18,000.00
$125.00
$25,000.00
$112.00
$22,400.00
13
HMA Class 1/2" PG 64 -22 for Preleveling
10
TN
$59.00
$590.00
$67.00
$670.00
$66.00
$660.00
$110.00
$1,100.00
$69.50
$695.00
14
Adjust Manhole
2
EA
$650.00
$1,300.00
$550.00
$1,100.00
$525.00
$1,050.00
$600.00
$1,200.00
$500.00
$1,000.00
15
Adjust Catch Basin
1
EA
$650.00
$650 00
5550.00
$550.00
$525.00
$525.00
$600.00
5600.00
$500.00
5500.00
16
Adjust Existing Monument Case and Cover
7
EA
$305.00
52,135.00
$325.00
$2,275.00
$325.00
$2,275.00
$375.00
$2,625.00
$300.00
$2,100.00
17
Cement Conc. Curb Ramp Type 2 Parallel, Complete
7
EA
$4,100.00
$28,700.00
$3,800.00
526,600.00
54,000.00
$28,000.00
$3,800.00
$26,600.00
$3,175.00
$22,225.00
18
Removal and Re.lacement of Concrete Curb and Gutter
71
LF
$65.00
$4,615.00
$45.00
$3,195.00
$56.00
$3,976.00
$60.00
$4,260.00
$67.00
$4,757.00
19
Removal and Re.lacement of Concrete Sidewalk
216
SY
$115.00
524,840.00
$70.00
$15,120.00
$95.00
$20,520.00
$120.00
$25,920.00
$75.00
516,200.00
20
Raised Pavement Marker, T .- 2
3.6
HUND
5444.00
$1,598.40
$500.00
$1,800.00
$444.00
$1,598.40
5550.00
51,980.00
$385.00
51,386.00
21
Hydrant Marker, Type 28
5
EA
$44.00
$220.00
$25.00
$125.00
$44.00
$220.00
$29.00
$145.00
$10.00
$50.00
22
Detector Loop
7
EA
$575.00
54,025.00
$750.00
$5,250.00
$572.00
$4,004.00
$650.00
$4,550.00
$600.00
$4,200.00
23
Profiled Plastic Line
13708
LF
$1.40
$19,191.20
$1.50
$20,562.00
$1.38
518,917.04
$1.60
$21,932.80
$1.35
$18,505.80
24
Profiled Plastic Wide Line
100
LF
$5.00
$500.00
$1.20
$120.00
$5.00
$500.00
$1.25
$125.00
$4.50
5450.00
25
Plastic Crosswalk Line
180
LF
$7.00
$1,260.00
$5.00
$900.00
$7.00
$1,260.00
$5.15
$927.00
$4.20
$756.00
26
Plastic Sto. Line
26
LF
$7.00
$182.00
$7.00
$182.00
$7.00
$182.00
$7.45
$193.70
$5.00
$130.00
27
Plastic Traffic Arrow
30
EA
5100.00
$3,000 00
$125.00
53,750.00
$100.00
$3,000.00
$145.00
$4,350.00
$80.00
$2,400.00
28
Plastic Shared Lane Markin.
7
EA
555.00
5385.00
550.00
$350.00
$55.00
$385.00
$172.00
$1,204.00
5100.00
$700.00
29
Sod Lawn, Incl. 4 In To. oil
80
SY
$50.00
54,000.00
$45.00
53,600.00
$50.00
54,000.00
563.00
$5,040.00
$50.00
$4,000.00
30
Portable Changeable Message Sign
26
DAY
$79.00
52,054.00
$85.00
$2,210.00
$75.00
$1,950.00
$85.00
$2.210.00
$65.00
$1,690.00
Subtotal Schedule E
$339,966.18
$356,538.38
$352,789.62
$411,484.40
$351,290.15
TOTAL
$1,758,709.52
$1,863,216.92
51,874,078.15
52,158,194.75
51,819,306.80
Addendum are acknowledged
Bid Signature Page
Bid Bond
Combined Affidavit
Contractors Compliance Statement
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
Page 3 of 3
COUNCIL MEETING DATE: March 15, 2016
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #• 5 •
SUBJECT: S 304th Street at 28th Avenue S Intersection Improvements - Project Acceptance
POLICY QUESTION: Should the Council accept the S 304th Street at 28th Avenue S Intersection Improvement
Project constructed by Miles Resources, LLC. as complete?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 7, 2016
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: Christine Mullen, P.E., g'-t Systems Project Engineer DEPT: Public Works
Attachments: Land Use and Transportation ommittee memorandum dated March 7, 2016.
Options Considered:
1. Authorize final acceptance of the S 304th Street at 28th Avenue S Intersection Improvement Project constructed
by Miles Resources, LLC, in the amount of $567,027.41 as complete.
2. Do not authorize final acceptance of the completed S 304th Street at 28th Avenue S Intersection Improvement
Project constructed by Miles Resources, LLC, as complete and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 15, 2016 City Council
Consent Agenda for approval.
dr,
MAYOR APPROVAL:
CHIEF OF STAFF:
Co m'tee
ou cil
Co
Counci
DIRECTOR APPROVAL:
COMMITTEE RECOMME 'CATION: The Committee recommends forwarding Option 1 to the March 15, 2016 City
Council consent agenda for approval.
Kelly aloney, Chair / Ly. i Assefa-D. t+ so , Member
PROPOSED COUNCIL MOTION: "1 move to authorize final acceptance of the S 304th Street at 28th Avenue S
Intersection Improvement Project constructed by Miles Resources, LLC, in the amount of $567, 027.41 as complete."
Mark .. • ang, Member
(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: March 7, 2016
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
Christine Mullen, P. Systems Project Engineer
SUBJECT: S 304th Street at 28t enue S Intersection Improvements — Project Acceptance
BACKGROUND:
This project constructed a traffic signal and northbound right turn lane at the intersection of S 304th Street
and 28th Avenue S. Project construction was physically complete on February 24, 2016.
Prior to release of retainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The S 304th Street at 28th Avenue S Intersection Improvements Project contract with
Miles Resources, LLC, is complete. The final construction contract amount is $567,027.41. This is
$84,658.68 below the $651,686.09 (including contingency) budget that was approved by the City Council
on August 11, 2015.
cc:
Project File
Central File
K: \LUTC \2016 \03 -07 -16 S304th Street at 28th Ave S. Intersection Improvement Project - Project Acceptance.doc
COUNCIL MEETING DATE: March 15, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
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: March 7, 2016
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer
DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated March 7, 2016.
Options Considered:
1. Authorize staff to submit grant funding applications under the 2016 Pedestrian and Bicycle Program and Safe
Routes to School Program Funding.
2. Do not submit any grant funding application under the 2016 Pedestrian and Bicycle Program and Safe Routes to
School Program Funding.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the
Consent Agenda for approval.
MAYOR APPROVAL:
CHIEF OF STAFF:
arch 15, 2016 City Council
DIRECTOR APPROVA
Co
Coun
ommittee
COMMITTEE RECOMM DATION: The Committee recommends forwarding Option 1 to the March 15, 2016 City Council
consent agenda for approval.
1
Kelly aloney, Chair Ly4 Assefa -Daw2 n, ember
PROPOSED COUNCIL MOTION: "1 move o authorize staiff to submit grant funding applications under the Pedestrian
and Bicycle Program and Safe Routes to School Program Funding."
Mark • 'pang, Me
er
(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: March 7, 2016
TO: City Council
VIA: Jim Farrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Dig- for
Rick Perez, P.E., City Traffic Engineer
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 in response to a WSDOT call for 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 Pedestrian and Bicycle Safety Program and Safe
Routes to School Program Funding.
Project (Funding Phase)
Estimated Project
Possible Grant
Proposed*
Grant
Cost
Fund
City Match
Steel Lake Park Pedestrian and Bicycle Safety
— S 312th St: Steel Lake Park — 28th Ave S (Design and Construction)
Safe Routes to Schools Program
(Federal Funds)
$1,000,000
$800,000
$200,000 **
Lakota Middle School Safe Route to School (SRTS)
— SR 509: 21st Ave SW — SW 312th St (Design and Construction
Safe Routes to Schools Program
(Federal Funds)
$1,500,000
$1,200,000
$300,000 **
Olympic View Elementary School Safe Route to School (SRTS)
— 26th Ave SW: SW 327th St — SW 330th St (Design and Construction
Pedestrian and Bicycle Safety Program
(State Funds)
$600,000
$480,000
$120,000 **
* Technically. no match is required for these grants, however providing 20% will enhance the grant applications' viability.
** The City match for this grant will be provided by transferring the proposed amount from the Annual Transportation Safety
Improvements Fund to this project
K: \LUTC\2016 \03 -07 -2016 Grant Funding for Transportation Projects.doc
COUNCIL MEETING DATE: March 15, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 51
SUBJECT: OLYMPIC VIEW '15 NTS — 26T" AVE SW (SW 328Th ST TO SW 334Th ST)
POLICY QUESTION: Should the Council approve the installation of four (4) speed humps on 26th Ave SW and
between SW 328th St and SW 334th St?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: March 7, 2016
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance ❑ Public Hearing
fl Resolution ❑ Other
STAFF REPORT BY: Erik Preston P E Senior Traffic Engineer .......DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated March 7, 2016.
Options Considered:
1. Authorize the installation of four speed humps on 26th Ave SW between SW 328th St and SW 334th St.
2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff.
MAYOR'S RECOMMENDATION: Forward Option 1 to the March 15, 2016 City Council Con'' t Agenda for
approval.
MAYOR APPROVAL:
CHIEF OF STAFF:
Initial /Date
USA ?G /alt(.
Com ttee
Initial/Date
Co
Initial/Date
!�u/, 41 d /x/?/,t,
DIRECTOR APPROVAL:
Council
Initial/Date
nitial /Date
COMMITTEE RECOMMENDATION: 1 move to forward Option 1 to the March 15, 2016 consent agenda for
approval.
/-41-1-44
Maloney, Chair
is Assefa - wson, Member
PROPOSED COUNCIL MOTION: "I move to authorize the installation of four speed humps on 26th Ave SW
between SW 328th St and SW 334th St."
Mark Kopp M��
(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: March 7, 2016
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum P.E., Director of Public Works
Erik Preston P.E., Senior Traffic Engineer �T _400•0•10
SUBJECT: Olympic View NTS `15 — 26th Avenue SW (SW 328`" Street to SW 334`" Street)
BACKGROUND:
Residents along 26th Avenue SW between SW 328th Street and SW 334th Street submitted a petition on May 29,
2015 requesting the installation of speed humps or other traffic calming devices to control vehicle speeds in an
effort to improve vehicular and pedestrian safety along 26th Avenue SW. Traffic studies were attempted
multiple times over the following months but data collection equipment was repeatedly vandalized. Accurate
traffic data was finally collected and the results are as follows:
• Roadway Classification : Minor Collector
• Average Daily Traffic (ADT): 1,473
• 85th percentile speed: 29.8 mph
• Total collisions: 5
• Injury Collisions: 4
Based on the current adopted NTS installation criteria (per table below), 26th Avenue SW scored 7.5 total
severity points. This meets the minimum 3.0 severity points to qualify for the installation of traffic
calming devices and exceeds the 6.0 point threshold where balloting is not required.
Table 2
Minor Collector Street NTS Criteria
Point
Scale
85th Percentile
Speed
Average Daily
Traffic (ADT)
Location
School /Park
5 -Year Collision History
Total
Injury
Fatal
0.0
0 - 25
0 - 1,000
No
1
-
-
0.5
26 - 27
1,001 —1,800
Yes
2
-
-
1.0
28 - 29
1,801 — 2,600
-
3
1
-
1.5
30 - 31
2,601 — 3,400
-
4
-
-
2.0
32 - 33
3,401 — 4,200
-
5
2
1
2.5
34 - 35
4,201 - 5,000
-
6
-
-
3.0
36+
5,001+
-
7+
3+
2+
A neighborhood traffic safety meeting was held on February 3, 2016 with 6 attendees signing in. The
clear consensus of the attending group was to install one traffic circle at the SW 330th Street intersection,
one speed hump north of SW 330th Street, and 2 or 3 speed humps south of SW 330th Street as spacing
and budget allowed.
March 7, 2016
Olympic View NTS `15
Page 2
Policy Issues
The estimated cost of the project desired by the neighborhood is approximately $27,500 which greatly
exceeds the $15,000 per neighborhood per year budget limitation policy. The current allocated NTS
budget per year is $50,000 with $20,000 designated specifically for school NTS and/or school safety
related improvements. Currently none of that budget has been spent.
Because no HOA exists to maintain landscaping, Staff first proposed a basic mountable traffic circle to
reduce the cost, but the estimate still exceeded $25,000. In order to better conform to the $15,000 per
neighborhood per year budget limitation policy, the traffic circle was removed and a fourth speed hump
was added to the project. The estimated cost of the project is $15,500. The proposal is summarized below
and illustrated in the attached map. In accordance with established NTS policies, staff did not send out
ballots because the project scored more than 6.0 points.
Traffic Division Staff is also pursuing a Safe Routes To School Grant overlapping this project which, if
approved and funded, would construct sidewalk on the west side of 26th Avenue SW and may fund a
proper traffic circle or mini - roundabout at the SW 330th Street intersection.
Speed Hump Proposal
The four (4) proposed Speed humps were placed for maximum effectiveness and located based on many
factors, including driveway location and spacing between other devices and intersections. Speed Humps
are proposed for the following locations (street addresses).
• 32817 — 32825 26th Avenue SW
• 33011 — 33019 26th Avenue SW
• 33219 — 33227 26th Avenue SW
• 33303 — 33305 26t Avenue SW
The proposed package should be effective in reducing vehicle speeds on 26th Avenue SW even without
the traffic circle. However, there may be some negative impacts to the neighborhood including
inconvenience, noise, and a slight increase in emergency response time.
cc: Project File
Day File
Olympic View '15 NTS - Device Map
Speed Hump at
32817 -32825
324th' St
Speed Hump at
33011 -33019
Speed Hump at
33303 -33305
COUNCIL MEETING DATE: March 15, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5rn
SUBJECT: 2016 -2017 NEIGHBORHOOD TRAFFIC SAFETY (NTS) PROGRAM — BID AWARD
POLICY QUESTION: Should the City award the 2016 -2017 Neighborhood Traffic Safety (NTS) Program to
Tony Lind Paving, LLC with the lowest responsive, responsible quote?
COMMITTEE: Land -Use & Transportation
MEETING DATE: March 7, 2016
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance ❑ Public Hearing
n Resolution ❑ Other
STAFF REPORT BY: Erik Preston P.E. — Senior Traffic En inee DEPT: Public Works - Traffic
Attachments: Memorandum to the Land -Use & Transportation Committee dated March 7, 2016.
Options Considered:
1. Award the 2016 -2017 Neighborhood Traffic Safety (NTS) Program to Tony Lind Paving, LLC, with the
lowest responsive, responsible quote, in an amount not to exceed $80,000.
2. Do not award the 2016 -2017 Neighborhood Traffic Safety (NTS) Program to the lowest responsive,
responsible quote and provide direction to staff.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the March 15, 2016 City Council
Consent Agenda for approval.
MAYOR APPROVAL:
CHIEF OF STAFF:
IRECTOR APPROVAL:
J �C
4.1
Council
Initial
1u/14
COMMITTEE RECOMMENDATION: 1 move to forward Option 1 to the March 15, 2016 consent agenda for
approval.
kLat -
Kelly i loney, Chair L a Assefa- ay.
on, ember Mark opp. g, Member .�
PROPOSED COUNCIL MOTION: "1 move approval of the 2016 -2017 Neighborhood Traffic Safety (NTS)
Program to Tony Lind Paving, LLC, with the lowest responsive, responsible quote with a total compensation
not to exceed $80,000."
(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: March 7, 2016
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM Marwan Salloum P.E., Public Works Direct
Erik Preston P.E., Senior Traffic Engineer
SUBJECT: 2016 -2017 Neighborhood Traffic Safety (NTS) Program — Bid Award
BACKGROUND
On January 22, 2016, staff issued an RFQ for the 2016 -2017 Neighborhood Traffic Safety (NTS)
Program. Two bids were received and opened on February 12, 2016. The lowest responsive,
responsible bidder is Tony Lind Paving, LLC. of Kent, in the amount of $52,637.10. This bid
amount is a weighted total of all the unit pricing provided in the quote and does not indicate
the cost of any particular project or task, it is simply used to compare against other quotes.
Please see attached Bid Tabulation Summary and Exhibit A - Schedules A & B which detail the
winning quote.
CITY OF
Federal Way
QUOTE TABULATION SHEET
Bid Name: 2016 -2017 Neighborhood Traffic Safety (NTS) Program
Quote 1
Quote 2
Asphalt
Patch
Systems
Bid Number: RFQ
Quote Opening Date & Time: 1/22/2016
Tony
Lind
Paving
Quote Closing Date & Time: 2/12/2016 at 4:30pm
Quote Drop -off Location: City Hall
Project Manager: Erik Preston P.E. - Senior Traffic Engineer
ITEM DESCRIPTION
SCHEDULE A
Speed Hump, Complete (2)
$5,400
$13,000
Raised Crosswalk, Complete (1)
$3,400
$10,000
Traffic Circle Island, Complete (32' Diam.)
$8,200
$18,700
TOTAL SCHEDULE A
$17,000
$41,700
SCHEDULE B
Pre -Cast Traffic Curb, Painted (50 -100)
$2,250
$5,000
Pre -Cast Traffic Curb, Painted (101 -500)
$4,545
$8,080
Pre -Cast Traffic Curb, Painted (501 +)
$19,038
$30,060
Block Traffic Curb, Painted (50 -100)
$2,750
$5,000
Block Traffic Curb, Painted (101 -500)
$4,848
$8,080
Block Traffic Curb, Painted (501 +)
$22,545
$30,060
Extruded Curb, Painted (50 -100)
$1,050
$5,000
Extruded Curb, Painted (101 -500)
$1,616
$5,050
Extruded Curb, Painted (501 +)
$6,012
$20,040
Remove Pre -Cast, Block, or Extruded Curb (50 -100)
$500
$3,000
RemovePre -Cast, Block, or Extruded Curb (101 -500)
$909
$4,040
Remove Pre -Cast, Block, or Extruded Curb (501 +)
$4,008
$15,030
Crushed Surfacing Top Course (1 -5 Tons)
$80
$500
Crushed Surfacing Top Course (6 -15 Tons)
$270
$1,200
Crushed Surfacing Top Course (15+ Tons)
$450
$1,500
Hot Mix Asphalt Surface (1 -5 Tons)
$350
$500
Hot Mix Asphalt Surface (6 -15 Tons)
$1,800
$1,800
Hot Mix Asphalt Surface (15+ Tons)
$4,050
$3,000
Speed Hump, Complete (1)
$2,700
$10,000
Speed Hump, Complete (2 -3)
$5,400
$13,000
Speed Hump, Complete (4 +)
$10,800
$12,000
Speed Table, Complete (1 -2)
$3,300
$8,000
Speed Table, Complete (3 -9)
$6,600
$10,000
Speed Table, Complete (10 +)
$13,200
$16,000
CITY OF
- Federal Way
Bid Name: 2016 -2017 Neighborhood Traffic Safety (NTS) Program
QUOTE TABULATION SHEET
Bid Number: REQ
Quote Opening Date & Time: 1/22/2016
Quote Closing Date & Time: 2/12/2016 at 4:30pm
Quote Drop -off Location: City Hall
Project Manager:
Erik Preston P.E. - Senior Traffic Engineer
ITEM DESCRIPTION
Quote I
Tony
Lind
Paving
Quote 2
Asphalt
Patch
Systems
Raised Crosswalk, Complete (1)
$3,400
$10,000
Raised Crosswalk, Complete (2 -3)
$6,800
$14,000
Raised Crosswalk, Complete (4 +)
$13,600
$24,000
Remove Speed Hump, Table or Raised Crosswalk (1)
$1,800
$7,000
Remove Speed Hump, Table or Raised Crosswalk (2 -3)
$3,600
$12,000
Remove Speed Hump, Table or Raised Crosswalk (4 +)
$7,200
$20,000
Pedestrian Refuge Island, Complete (1)
$12,500
$3,000
Pedestrian Refuge Island, Complete (2 -3)
$25,000
$5,000
Pedestrian Refuge Island, Complete (4 +)
$50,000
$8,000
Remove Pedestrian Refuge Island, Complete (1)
$5,800
$2,500
Remove Pedestrian Refuge Island, Complete (2 -3)
$11,600
$4,000
Remove Pedestrian Refuge Island, Complete (4 +)
$23,200
$6,000
Remove & Replace Concrete Curb Ramp, Complete (1)
$3,700
$4,000
Remove & Replace Concrete Curb Ramp, Complete (2 -3)
$7,400
$6,400
Remove & Replace Concrete Curb Ramp, Complete (4 +)
$14,800
$10,800
Remove & Replace Concrete Sidewalk, Complete (5 -10 SY)
$1,375
$2,000
Remove & Replace Concrete Sidewalk, Complete (11 -50 SY)
$2,475
$3,300
Remove & Replace Concrete Sidewalk, Complete (51+ SY)
$10,200
$7,650
Remove & Replace Concrete Curb & Gutter, Complete (10 -30 LF)
$1,000
$2,000
Remove & Replace Concrete Curb & Gutter, Complete (31 -100 LF
$2,480
$3,100
Remove & Replace Concrete Curb & Gutter, Complete (101+ LF)
$7,070
$7,070
Traffic Circle Island, Complete (10' -16' Diam.)
$6,800
$15,000
Traffic Circle Island, Complete (17' -24' Diam.)
$7,300
$17,000
Traffic Circle Island, Complete (25' -32' Diam.)
$8,200
$18,700
TOTAL SCHEDULE B
$356,371
$428,460
ADJUSTED TOTAL SCHEDULE B (X 0.10)
$35,637.10
$42,846.00
TOTAL SCHEDULE A
$17,000
$41,700
TOTAL (SCHEDULE A + ADJUSTED SCHEDULE B, $52,637.10
_ $84,546.00
EXHIBIT A
REQUEST FOR QUOTE
CITY OF FEDERAL WAY
2016 -17 Neighborhood Traffic Safety (NTS) Program
Vendor Name:
Date Prepared:
Tony Lind Paving, LLC.
February 11, 2016
Exhibit A, Schedule A Notes:
1 All items shall include in the price any required layout, mobilization, traffic control, roadside cleanup, or any other incidentals.
2 All permanent pavement markings for traffic calming devices shall be done by others.
3 All permanent signs for traffic calming devices are done by others.
4 Any removal of pavement markings will be done by others.
5 Unit Price is per Each for a Traffic Circle Island, Complete within the circle diameter range, in feet.
SCHEDULE A, (Example of a "Typical" Project As Described Under Section VI-
Item
"Typical" Project
Quantity
Unit
B -7 Speed Hump, Complete (includes toe grind and temporary
markings. Permanent signing and markings by others.) COFW
Development Standard 3 -26, COFW SP 8 -32
2
EA
B -9 Raised Crosswalk, Complete (includes toe grind and temporary
markings. Permanent signing and markings by others.) COFW
Development Standard 3 -27, COFW SP 8 -33
EA
B -165 Traffic Circle Island, Complete (includes painted pre -cast curb,
pavement removal, monument case & valve box adjustment,
topsoil. Each (1) island by Circle Diameter range in feet) COFW
Development Standard 3 -59, COFW SP 8 -04
32 -foot
Diameter
Circle
1
EA
Total of Schedule A
ust be the same as Schedule B Price
Unit Price
Multiplier
Total
32.706 30
2
$5,400.00
33 400.00
$3,400.00
38.200 00
$8,200.00
=
$17,000.00
1/2 2/12/2016
SCHEDULE B, (Discretionary Work Orders As Described Under Section VI -2
Total (Total of Schedule A + Adjusted Total of Schedule B)
Unit Price
Item
Quantity Range
Unit
B -1
Pre -Cast Traffic Curb, Painted
50
101
100
LF
501
WSDOT Standard Specification Section 8 -07
101
50
500
LF
101
COFW Special Provision 8 -07
501
+
$22,545.00
LF
B -2
Block Traffic Curb, Painted
50
101
100
LF
501
COFW Development Standard 3-4
101
50
500
LF
101
COFW Special Provision 8 -07
501
+
$4,008.00
LF
B -3
Extruded Curb, Painted
50
6
100
LF
15
WSDOT Standard Specification Section 8 -07 (except no
101
1
500
LF
6
rebar) COFW Development Standard 3-4A, COFW SP 8 -07
501
+
$4,050.00
LF
B-4
Remove Pre -Cast, Block, or Extruded Curb (include asphalt
50
2
100
LF
4
patching if necessary) WSDOT Standard Specification Section 2-
101
1
500
LF
2
02.3(3), COFW SP 8 -07
501
+
$13,200.00
LF
B -5
Crushed Surfacing Top Course, Include Haul
1
2
5
TON
4
WSDOT Standard Specification Section 4 -04, 9 -03
6
1
15
TON
2
COFW Special Provision 4 -04
15
+
$7,200.00
TON
B -6
HMA Class 1/2" PG 64 -22
1
2
5
TON
4
WSDOT Standard Specification Section 5 -04
6
1
15
TON
2
COFW Special Provision 5 -04
15
+
$23,200.00
TON
B -7
Speed Hump, Complete (includes toe grind and temporary
1
2
$7,400.00
EA
4
markings. Permanent signing and markings by others.) COFW
2
5
3
EA
11
Development Standard 3 -26, COFW SP 8 -32
4
+
$10,200.00
EA
B -8
Speed Table, Complete (includes toe grind and temporary
1
31
$2,480.00
EA
101
markings. Permanent signing and markings by others.)
2
1
3
EA
1
COFW Development Standard 3 -27A, COFW SP 8 -33
4
+
$8,200.00
EA
B -9
Raised Crosswalk, Complete (includes toe grind and temporary
1
EA
markings. Permanent signing and markings by others.) COFW
2
3
EA
Development Standard 3 -27, COFW SP 8 -33
4
+
EA
B -10
Remove Speed Hump, Speed Table, or Raised Crosswalk
1
EA
(include asphalt patching if necessary) COFW SP 8 -04
2
3
EA
WSDOT Standard Specification Section 2- 02.3(3)
4
+
EA
B -11
Pedestrian Refuge Island, Complete (includes detectable
1
EA
warning strips) COFW SP 8 -04
2
3
EA
COFW Development Standard 3 -58
4
+
EA
B -12
Remove Pedestrian Refuge Islands, Complete
1
EA
(include asphalt patching if necessary) COFW SP 8 -04
2
3
EA
WSDOT Standard Specification Section 2- 02.3(3)
4
+
EA
B -13
Remove & Replace Concrete Curb Ramp, Complete
1
EA
COFW Development Standard 3 -8, 3 -8A, 3 -8B, 3 -10, 3 -10A, 3 -11,
2
3
EA
WSDOT Std Plan F -40.14 (Up to 25 ft.) COFW SP 8 -04, 8 -14
4
+
EA
B -14
Remove & Replace Concrete Sidewalk, Complete
5
10
SY
COFW Development Standard 3 -3 & 3 -12
11
50
SY
COFW Special Provision 8 -04, 8 -14
51
+
SY
B -15
Remove & Replace Concrete Curb & Gutter, Complete
10
30
LF
(includes sawcutting, disposal, ashpalt patching) COFW Dwg 3 -4, 3.
31
100
LF
4A & WSDOT Stnd. Spec. 5- 04.3(14), COFW SP 8 -04
101
+
LF
B -16'
Traffic Circle Island, Complete (includes painted pre -cast curb,
Diam.(ft)
Quantity
pavement removal, monument case & valve box adjustment,
10' - 16'
1
EA
topsoil. Each (1) island by Circle Diameter range in feet) COFW
17' - 24'
1
EA
Development Standard 3 -59, COFW SP 8 -04
25' - 32'
1
EA
Total of Schedule B
Adjusted Total of Schedule B 8
X
0.10
Total (Total of Schedule A + Adjusted Total of Schedule B)
Unit Price
Multiplier
Total
45.00
50
$2,250.00
45.00
101
$4,545.00
38.00
501
$19,038.00
55.00
50
$2,750.00
48.00
101
$4,848.00
45.00
501
$22,545.00
21.00
50
$1,050.00
16.00
101
$1,616.00
12.00
501
$6,012.00
10.00
50
$500.00
9.00
101
$909.00
8.00
501
$4,008.00
80.00
1
$80.00
45.00
6
$270.00
30.00
15
$450.00
350.00
1
$350.00
300.00
6
$1,800.00
270.00
15
$4,050.00
2,700.00
1
$2,700.00
2,700.00
2
$5,400.00
2,700.00
4
$10,800.00
3,300.00
1
$3,300.00
3,300.00
2
$6,600.00
3,300.00
4
$13,200.00
3,400.00
1
$3,400.00
3,400.00
2
$6,800.00
3,400.00
4
$13,600.00
1,800.00
1
$1,800.00
1,800.00
2
$3,600.00
1,800.00
4
$7,200.00
12,500.00
1
$12,500.00
12,500.00
2
$25,000.00
12,500.00
4
$50,000.00
5,800.00
1
$5,800.00
5,800.00
2
$11,600.00
5,800.00
4
$23,200.00
3.700.00
1
$3,700.00
3,700.00
2
$7,400.00
3,700.00
4
$14,800.00
275.00
5
$1,375.00
225.00
11
$2,475.00
200.00
51
$10,200.00
100.00
10
$1,000.00
80.00
31
$2,480.00
70.00
101
$7,070.00
6,800.00
1
$6,800.00
7,300.00
1
$7,300.00
8,200 00
1
$8,200.00
_
$356,371.00
=
$35,637.10
Exhibit A, Schedule B Notes:
6 Line Item Total for Schedule B are calculated by multiplying the quantity range minimum by the unit price, except for item B -16.
7 Unit Price is per Each for a Traffic Circle Island, Complete within the circle diameter range, in feet.
8 Adjusted (weighted) Total reflects likelihood that only 10% of discretionary work in Schedule B will be requested.
Note: The contract resulting from this RFQ is mainly for future discretionary work orders; exact quantities and locations are unknown.
The City's recent historical average for this work is approximately $25,000 per year.
Discretionary work orders are typically issued multiple times throughout the calendar year.
$52,637.10
2/2 2/12/2016
COUNCIL MEETING DATE: March 15,2016 ITEM#: 6a
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:RESOLUTION: PROPOSED AMENDMENTS TO THE CITY COUNCIL RULES OF PROCEDURE
POLICY QUESTION: Should the City Council amend its Council Rules of Procedure to capture the discussion
at the City Council Retreat held on February 20, 2016?
COMMITTEE: N/A MEETING DATE:N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BY: Amy Jo Pearsall,City Attorney DEPT: Law
Attachments: Proposed Resolution, Proposed Council Rules with redlines
Background: On February 20, 2016, the City Council discussed modifying City Council Rules of Procedure
3.5, 19.10 and 20.8. The proposed resolution would amend the Council Rules of Procedures to reflect the
changes to these rules as discussed at the Council Retreat on February 20, 2016.
Options Considered: 1. Approve and adopt the proposed resolution amending the City Council Rules of
Procedure.
2. Modify the proposed amendments to the City Council Rules of Procedure and adopt
the rules h 1 as modified.
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: N/A DIRECTOR APPROVAL: 3 Ii°
Committee Council /60 Initial/Dat
Initial/Date Initial/Date
CHIEF OF STAFF: N/A ,/4%I�.n �
Committee Co/I
Initial/Date Initi./Da e
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed Resolution amending the City Council Rules
of Procedure. "
(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—1/2015 RESOLUTION#
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Federal Way,
Washington,Amending the City Council Rules of Procedure.
WHEREAS,the Federal Way City Council adopted the Council Rules of Procedure in 1992;
and
WHEREAS,the Federal Way City Council has modified the Rules of Procedure many times
since 1992; and
WHEREAS,the Federal Way City Council discussed modifications to the Rules of Procedure
at its Council Retreat held on February 20, 2016; and
WHEREAS, the Federal Way City Council directed the City Attorney to prepare an
amendment to the Rules of Procedure consistent with the discussion at the February 20, 2016
Council Retreat;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Rule 3.5 shall be amended as follows:
Publication of the final agenda will occur no later than the Thursday prior to the Council meeting at
5:00 pm,and publication of the complete Council packet will occur no later than the Friday prior to
the Council meeting at 5:00 pm.
Section 2. Rule 19.10 shall be amended as follows:
Vacancies on Commissions will be filled as follows:
(1) Filling Vacancies at End of Term
To fill a vacancy created by the expiration of a term,City Staff will advertise the availability
of the open position to the public. The citizen currently serving in the position may reapply for the
same position. All applicants,including the incumbent,will be interviewed pursuant to the process
outlined in Council Rule 19.9.
Resolution No. 16- Page 1 of 3
(2) Filling Vacancies Mid-Term
When a citizen advisory position becomes vacant mid-term, tThe City Council will may
appoint an alternate commissioner who is already serving on that same board or commission to fill
the mid-term vacancy. . •- . .. . . .. - - .. • •.-, . . • . . ..
other laws without conducting public recruitment or interview Alternates who were previously
interviewed within 12 months of the vacancy being created do not need to be interviewed again prior
to appointment as a voting member.
Section 3. Rule 20.8 shall be amended as follows:
The Deputy Mayor may serve as "ex officio" or be appointed to a committee an ex officio
(voting)member of a committee when a quorum of committee members is not available.If,during a
meeting when the Deputy Mayor is serving as an ex officio member, a quorum of committee
members appears at the meeting, the Deputy Mayor will no longer serve as an ex officio member
unless there is a pending matter before the committee that the Deputy Mayor has participated in
discussions for and is prepared to vote on.
Section 4. Severability. If any section,sentence,clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 7. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
Resolution No. 16- Page 2 of 3
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 15th day of March 2016.
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY,AMY JO PEARSALL
FILED WITH THE CITY CLERK: _
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 16- Page 3 of 3
CITY OF FEDERAL WAY
CITY COUNCIL
RULES OF PROCEDURE
ADOPTED
JANUARY 21, 1992
Amended
March 17,1992
May 19,1992
July 21,1992
December 15,1992
April 20,1993
January 18,1994
June 7,1994
September 21,1994
December 6,1994
November 16,1999
February 19,2002
February 19,2003
April 6,2004
March 7,2006
May 15,2007
September 18,2007
March 3,2009
February 16,2010
November 23,2010
December 7,2010
February 1,2011
March 1,2011
February 7,2012
November 3,2015
March 15,2016
OFFICE OF THE CITY CLERK
INDEX
SECTION NO. TITLE PAGE NO.
1 Authority 1
2 Council Meetings 1
3 Agenda Preparation 5
4 Council Discussion 6
5 Citizen Comment 6
6 Motions 7
7 Ordinances 9
8 Mayor and Deputy Mayor 10
9 Council Relations with City Staff 10
10 Council Meeting Staffing 11
11 Council Member Attendance at Meetings 11
12 Public Hearings 13
13 Media Representation at Council Meetings 14
14 Council Representation 14
15 Confidentiality 14
16 Council Travel & Expenses 15
17 Public Records 22
18 Deputy Mayor Selection Process 22
19 City Advisory Committees 22
20 Council Committees 26
21 Filling City Council Vacancies 27
22 Miscellaneous 30
23 Suspension and Amendment of Rules 30
SECTION 1. AUTHORITY
1.1 The Federal Way City Council hereby establishes the following Rules of Procedure("Rules")
for the conduct of Council meetings, proceedings and business. These Rules shall be in
effect upon adoption by the Council and until such time as they are amended or new Rules
adopted in the manner provided by these Rules.
SECTION 2. COUNCIL MEETINGS
2.1 TYPES OF MEETINGS
(1) Regular Meetings
Council's regular meetings will be held the first and third Tuesdays of each month in
Council Chambers, City Hall.
Regular Council meetings will begin at the hour of 7:00 p.m., and will adjourn no
later than 10:00 p.m. To continue past this time of adjournment, a majority of the
Council must concur.
If any Tuesday on which a meeting is scheduled falls on a legal al holiday,the meeting
shall be held at 7:00 p.m. on the first business day following the holiday, or on
another day designated by a majority vote of the Council.
(2)2 Special a t Meetings
A Special meeting is any Council meeting other than a Regular Council meeting.
Notice shall be given at least 24 hours in advance specifying the time and place of the
meeting and the business to be transacted. A Special Council meeting may be
scheduled by the Deputy Mayor,Mayor or at the request of a majority of the Council
Members.
(3) Study Sessions
Council's Study Sessions will be held,when needed,and when called by the Deputy
Mayor, Mayor or by two (2) or more Council Members.
Study Sessions will be informal meetings for the purpose of reviewing forthcoming
,programs, receiving progress reports on current programs or projects, or receiving
other similar information. The Deputy Mayor, Mayor and will determine on-going
dedicated schedules for regular Study Sessions.
No final decisions can be made at a Study Session. Decisions on those issues will be
scheduled for a Regular or Special Council meeting.
1
(4) Emergency Meetings
An Emergency meeting is a Special Council meeting called without the 24-hour
notice.An Emergency meeting deals with an emergency involving injury or damage
to persons or property or the likelihood of such injury or damage, when time
requirements of a 24-hour notice would make notice impractical and increase the
likelihood of such injury or damage. Emergency meetings may be called by the
Mayor or a majority of Council Members. The minutes will indicate the reason for
the emergency.
(5) Executive Session Meetings
An Executive Session is a Council meeting that is closed except to the Council,
Mayor and authorized staff members and/or consultants authorized by the Mayor.
The public is restricted from attendance. Executive sessions may be held during
Regular or Special Council meetings and will be announced by the Mayor or the
Chair of the Special Council Committee,respectively. Executive session subjects are
limited pursuant to Chapter 42 RCW,including considering real property acquisition
and sale, public bid contract performance, complaints against public officers and
employees,public employment applications and public employee evaluation,elective
office appointments and attorney-client discussions.
Before convening an Executive session, the Mayor or Chair shall announce the
purpose of the meeting and the anticipated time when the session will be concluded.
Should the session require more time,a public announcement shall be made that the
meeting is being extended.
(6) Retreats
The annual retreat will be scheduled before March 1St of each year. Council may
request the Mayor to schedule a mid-year retreat at its discretion.
2.2 ORDER OF REGULAR COUNCIL MEETING AGENDA
(1) Call Meeting To Order
The Mayor calls the meeting to order. The Mayor will announce the attendance of
Council Members and indicate any Council Member who is not in attendance and
whether or not the Council Member has an excused absence. The Mayor may,with
the concurrence of the Council Members, take agenda items out of order. Agenda
items may be added pursuant to Section 3.3 of these Rules.
(2) Pledge of Allegiance
Council Members and, at times, invited guests lead the flag salute.
2
(3) Proclamations and Presentations
A Proclamation is defined as an official announcement made by either the City
Council or the Mayor.
City Council Proclamations are defined as those non-controversial events which have
a major citywide impact. City Council Proclamations shall be publicly read at a City
Council meeting and presented to a representative of the event during the Council
meeting.
Mayor's Proclamations are defined as those non-controversial events which are
requested by and for a special interest group within the City. Mayor's Proclamations
are signed by the Mayor and forwarded to a representative of the event.
The Mayor and Deputy Mayor shall determine if the Proclamation request is for a
City Council Proclamation or a Mayor's Proclamation.
Controversy is defined as a dispute, especially a lengthy and public one, between
sides holding opposing views.
Mayor- Introduction of New
City Employees and Emerging Issues
(4) Citizen Comment
Members of the audience may comment on items relating to any matter. Citizen
comment sign-ups will be available at each regular council meeting for the use of
those citizens wishing to address the Council. Comments are limited to three (3)
minutes, except that for a person whose property is the subject of a condemnation
ordinance then pending before the City Council,or a person speaking on behalf of a
group of more than five (5) in attendance or written proof that more than five (5)
designate as spokesperson may speak for five(5)minutes. No speaker may convey
or donate his or her time for speaking to another speaker.
The Mayor may allow citizens to comment on individual agenda items at times
during any regularly scheduled City Council meeting other than the regularly
scheduled Citizen Comment period. These agenda items include,but are not limited
to,ordinances,resolutions and Council Business issues. (See also Section 5,"Citizen
Comment" of these Rules.)
(5) Consent Agenda
Consent Agenda items have either been fully considered by a City Council
Committee or are considered to be routine and non-controversial and may be
approved by one motion. Any Council Member may remove any item from the
Consent Agenda for separate discussion and action.
3
(6) Public Hearings
See Section 12 of these Rules for discussion of public hearing procedure.
(7) Council Business
Council Business items are usually those items other than resolutions and ordinances
requiring Council action.
(8) Ordinances
A. First Reading.
Discussion and debate by the City Council may be held at this time. Council
Members may request amendments to the ordinance at this time or at any
time prior to adoption or direct staff to further review the ordinance.
B. Second Reading.
Council members will approve the ordinance for enactment as an enforceable
City law.
C. Mayor's Action.
a. Approve the ordinance as passed by Council and sign the ordinance;or
b. Veto the enacted ordinance requires the Mayor submit the written
objections to the City Clerk and the City Council within ten(10)days;
or
c. Do not sign the ordinance, which will become valid within ten (10)
days.
D. Enactment of the ordinance.
a. Veto: The City Council may amend the agenda of at the next City
Council meeting for the written objections to be read into the record
under Council Business. The City Council may take action at the City
Council meeting or at the following City Council meeting. City
Council has the option to:
1) Reconsider the enacted ordinance to incorporate the Mayor's
written objections; or
2) Override the Mayor's veto with a majority plus one vote.
b. Mayor does not sign ordinance within ten(10)days: the Deputy Mayor
must sign the ordinance.
4
E. Publication of the Ordinance
The City Clerk shall publish the enacted ordinance title in the official
newspaper,which will establish the effective date,after the final action by the
Mayor and/or the City Council.
(9) Council Reports
The Council Members may report on significant activities since the last meeting.
(10) Mayor Report
The Mayor and staff update the Council Members on current issues or items of
Council interest.
(11) Adjournment
With no further business to come before the Council, the Mayor adjourns the
meeting.
2.3 MEETING MINUTES
The City Clerk will keep an account of all proceedings of the Council in accordance with the
statutory requirements,and proceedings will be entered into a minute book constituting the
official record of the Council. City Council meeting minutes will not be revised without a
majority affirmative vote of the Council at a regularly scheduled Council meeting.
2.4 COUNCIL MEMBER SEATING
A City Council Member's seat at the dais will be determined as follows:
(1) The Mayor and Deputy Mayor shall sit in Chairs #4 and#5, the center seats at the
dais; and
(2) The remaining Council Members will be seated north to south by position#1 through
#7, as consecutively as possible.
SECTION 3. AGENDA PREPARATION
3.1 The City Clerk will prepare an agenda for each Council meeting specifying the time and
place of the meeting and a list of each item to be considered by the Council.
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3.2 The agenda is subject to approval by the Deputy Mayor and one Committee Chair. The
assignment of the Committee Chair will be for one year in accordance with the
alphabetical order of the committees:
o Finance/Economic Development/Regional Affairs Committee
o Land Use/Transportation Committee
o Parks/Recreation/Human Services& Public Safety Committee
3.3 An item may be placed on a Council meeting agenda by any of the following methods:
o A majority vote of the Council;
o Council Consensus;
o By any two (2) Councilmembers;
o By a Council Committee; or
o By the Mayor
3.4 The proposed agenda will be provided to all City Councilmembers no less than 48 hours
prior to publication.
3.5 Publication of the final agenda will occur no later than the Thursday prior to the Council
meeting at 5:00 pm, and publication of the complete Council packet will occur no later
than the Friday prior to the Council meeting at 5:00 pm.
3.6 A Regular Meeting Agenda may be amended to add an item after it has been published, if
the Councilmember or Mayor explains the necessity and receives a majority vote of the
Council at the start of the public meeting.
3.7 Legally required and advertised Public Hearings will have a higher priority over other
time-scheduled agenda items which have been scheduled for convenience rather than for
statutory or other legal reasons.
3.8 All agenda packets will be in the format provided by the City Clerk's Office.
SECTION 4. COUNCIL DISCUSSION
4.1 All Council discussion shall be governed by ROBERTS RULES OF ORDER, NEWLY
REVISED.
SECTION 5. CITIZEN COMMENT
5.1 Persons addressing the Council, who are not specifically scheduled on the agenda, will be
requested to step up to the podium,give their name for the record,and limit their remarks to
three (3) minutes. A person speaking on behalf of a group of more than five (5) in
attendance or written proof that more than five(5)designate as spokesperson may speak for
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five(5)minutes. No speaker may convey or donate his or her time for speaking to another
speaker. All remarks will be addressed to the Council as a whole,and not to individual City
staff members. Any person making personal, impertinent, or slanderous remarks, or who
becomes boisterous,threatening,or personally abusive while addressing the Council,may be
requested to leave the meeting.
5.2 Written comments received prior to the start of the meeting will be accepted by the City
Clerk. The City Clerk will read the written comment into the record during the Public
Comment portion of the meeting. The time limits as set forth in Rule 5.1 will apply to
written comments being read into the record.
5.3 The Mayor has the authority to preserve order at all meetings of the Council, to cause the
removal of any person from any meeting for disorderly conduct and to enforce these Rules.
The Mayor may command assistance of any peace officer of the City to enforce all lawful
orders of the Mayor to restore order at any meeting.
5.4 Citizens with complaints,concerns or questions,will be encouraged to refer the matter to the
Mayor, or ask that the matter be placed on a future City Council meeting, or Council
Committee agenda with the appropriate background information. Any citizen who voices a
concern or complaint at a City Council meeting which involves a potential violation of the
City's Code of Ethics shall be advised by the Council,the Mayor or City Management staff,
of the existence of the City's Board of Ethics, and of the procedures for requesting Ethics
Board opinions and/or investigations from the Ethics Board.
SECTION 6. MOTIONS
6.1 If a motion does not receive a second, it dies. Motions that do not need a second include:
Nominations, withdrawal of motion, agenda order,request for a roll call vote, and point of
order.
6.2 A motion that receives a tie vote is deemed to have failed.
6.3 When making motions,be clear and concise and not include arguments for the motion within
the motion.
6.4 After a motion and second, the Mayor will indicate the names of the Council Members
making the motion and second.
6.5 After a motion has been made and seconded,the Council may discuss their opinions on the
issue prior to the vote. No further citizen comments may be heard when there is a motion
and a second on the floor, unless allowed by the Mayor.
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After a motion has been made and seconded,the Council may ask questions of staff and/or
discuss their opinions on the issue prior to the vote. No further citizen comments may be
heard when there is a motion and a second on the floor, unless allowed by the Mayor.
6.6 When the Council concurs or agrees to an item that does not require a formal motion, the
Mayor will summarize the agreement at the conclusion of the discussion.
6.7 A motion may be withdrawn by the maker of the motion,at any time,without the consent of
the Council.
6.8 A motion to table is undebatable and shall preclude all amendments or debates of the issue
under consideration. If the motion to table prevails,the matter may be"taken from the table"
only by adding it to the agenda of a future Regular or Special meeting at which time
discussion will continue; and if an item is tabled, it cannot be reconsidered at the same
meeting.
6.9 A motion to postpone to a certain time is debatable as to the reason for the postponement but
not to the subject matter of the motion; is amendable; and may be reconsidered at the same
meeting. The question being postponed must be considered at a later time at the same
meeting, or to a time certain at a future Regular or Special City Council meeting.
6.10 A motion to postpone indefinitely is debatable as to the reason for the postponement as well
as to the subject matter of the motion;is not amendable,and may be reconsidered at the same
meeting only if it received an affirmative vote.
6.11 A motion to call for the question shall close debate on the main motion and is undebatable.
This motion must receive a second and fails without a two-thirds' (2/3) vote; debate is
reopened if the motion fails.
6.12 A motion to amend is defined as amending a motion that is on the floor and has been
seconded, by inserting or adding, striking out, striking out and inserting, or substituting.
Motions that cannot be amended include: Motion to adjourn,agenda order,lay on the table,
roll call vote,point of order,reconsideration and take from the table.A motion to amend an
amendment is not in order.
6.13 Amendments are voted on first, then the main motion as amended (if the amendment
received an affirmative vote).
6.14 The motion maker, Mayor or City Clerk should repeat the motion prior to voting.
6.15 At the conclusion of any vote,the Mayor will announce the results of the vote.
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6.16 When a question has been decided, any Council Member who voted in the majority may
move for reconsideration,but no motion for reconsideration of a vote shall be made after the
meeting has adjourned.
6.17 The City Attorney shall decide all questions of interpretations of these Rules and other
questions of a parliamentary nature which may arise at a Council meeting. (See also Section
4 of these Rules.) All cases not provided for in these Rules shall be governed by Robert's
Rules of Order,Newly Revised. In the event of a conflict, these Rules shall prevail.
6.18 Roll call votes will be taken during all televised Council meetings on non-unanimous votes,
or if requested by a Council Member,or as required by law. The purpose of roll call votes is
to assist the City Clerk in recording the vote and to communicate to the viewing public
during televised City Council meetings the outcome of the vote. The official meeting
minutes will always reflect roll call votes on each action item.
6.19 The Mayor's decision on a point of order may be appealed. If seconded,the appeal may be
voted on by the Council. An appeal may not be amended,is not debatable when it relates to
indecorum,transgressions of the rules of speaking,the priority of business,or if the appeal is
made while the previous question remains pending. In the event of a tie vote,the Mayor may
vote unless the matter is an ordinance,grant,revocation of franchise or license,or resolution
for payment of money. An appeal is not in order when another appeal is pending.
SECTION 7. ORDINANCES
7.1 All ordinances shall be prepared or reviewed by the City Attorney. No ordinance shall be
prepared for presentation to the Council, unless requested by a majority of the Council, or
requested by the Mayor or City Attorney.
7.2 Ordinances will be introduced and enacted by a Council Bill Number. After enactment,the
City Clerk shall assign a permanent ordinance number.
7.3 The City Clerk or designee shall read the title of the ordinance prior to voting unless the
ordinance is on the Consent Agenda.
7.4 Upon enactment of the ordinance, the City Clerk shall obtain the signature of the City
Attorney. After the City Attorney's signature,the City Clerk shall obtain the signature of the
Mayor. After the Mayor's signature, the City Clerk shall sign the ordinance.
7.5 If the Mayor objects to the ordinance and notifies the Council of the objections,the Council
may vote on the disputed ordinance at the next City Council meeting. If a majority of the
Council plus one vote to approve the disputed ordinance,it becomes effective in accordance
with the effective date in the ordinance. If a majority of the Council plus one do not approve
the disputed ordinance, it fails.
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7.6 Ordinances,or ordinance summaries,shall be published in the official newspaper,as a legal
publication, immediately following enactment.
7.7 Ordinances become effective thirty (30) days after the passage of the ordinance unless
otherwise specified.
SECTION 8. MAYOR AND DEPUTY MAYOR
8.1 The Presiding Officer at all meetings of the Council shall be the Mayor,and in the absence of
the Mayor,the Deputy Mayor will act in that capacity. If both the Mayor and Deputy Mayor
are absent,the Council Members present shall elect one of its members to serve as Presiding
Officer until the return of the Mayor or Deputy Mayor.
8.2 The Presiding Officer shall:
(1) Preserve order and decorum in the Council chambers;
(2) Observe and enforce these Rules;
(3) Decide all questions on order, in accordance with these Rules, subject to appeal by
any Council Member;
(4) Recognize Council Members in the order in which they request the floor. The
Presiding Officer, as a Council Member, shall have only those rights, and shall be
governed in all matters and issues by the same rules and restrictions as other Council
Members; and
(5) From time to time, appoint Council Members to serve on City Council and ad hoc
committees.
SECTION 9. COUNCIL RELATIONS WITH CITY STAFF
9.1 There will be mutual respect from both City staff and Council Members of their respective
roles and responsibilities when, and if, expressing criticism in a public meeting.
9.2 City staff will acknowledge the Council as policy makers, and the Council Members will
acknowledge City staff as administering the Council's policies.
9.3 All written informational material requested by individual Council Members shall be
submitted by City staff,after approval of the Mayor,to all Council Members with a notation
indicating which Council Member requested the information.
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9.4 Council Members shall not attempt to coerce or influence City staff in the selection of
personnel, the awarding of contracts, the selection of consultants, the processing of
development applications or the granting of City licenses or permits.
9.5 The Council shall not attempt to change or interfere with the operating rules and practices of
any City department.
9.6 Mail that is addressed to Council Members shall be copied and circulated to all City Council
Members by the City Clerk, as soon as practicable after it arrives.
9.7 The City Clerk shall not open mail addressed to individual Council Members if it is marked
personal and/or confidential.
9.8 No Council Member shall direct the Mayor to initiate any action or prepare any report that is
significant in nature, or initiate any significant project or study without the consent of a
majority of the Council. New initiatives having policy implementation shall be directed to a
Council Committee for consideration.
9.9 Individual requests for information can be made directly to the Department Director unless
otherwise determined by the Mayor. If the request would create a change in work
assignments or City staffing levels, the request must be made through the Mayor.
9.10 To provide staff the necessary preparation time,Council Members will provide staff advance
notice of any questions or concerns they may have regarding an agenda item prior to a public
meeting, if possible.
SECTION 10. COUNCIL MEETING STAFFING
10.1 The Mayor shall preside over all regular meetings of the Council unless excused.The Mayor
may make recommendations to the Council. When the Mayor has an excused absence,the
Deputy Mayor shall preside over the meeting.
10.2 The City Attorney shall attend all meetings of the Council unless excused, and shall, upon
request, give an opinion, either written or oral, on legal questions. The City Attorney shall
act as the Council's parliamentarian. The Deputy or Assistant City Attorney shall attend
meetings when the City Attorney has been excused.
10.3 The City Clerk, or designee, shall attend Regular meetings of the Council,keep the official
journal(minutes),and perform such other duties as may be needed for the orderly conduct of
the meeting.
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SECTION 11. COUNCIL MEMBER ATTENDANCE AT MEETINGS
11.1 EXCUSED ABSENCES
Excused absences are defined as follows:
(1) Death of immediate family member
"Immediate family members" are defined as: spouse, child, parents, siblings,
grandparents, father and mother-in-law, or daughter and son-in-law.
(2) Illness
Illness of a Council member or of an immediate family member, as defined above,
requiring the member to personally attend and care for the immediate family member
provided that the illness does not necessitate an absence longer than six(6)months.
(3) Three nonconsecutive absences
Three (3) nonconsecutive absences per calendar year provided that prior notice is
given to as referenced in Section 11.3.
(4) Absences for Council Business
A Council member who is absent because of other commitments representing
Council or because of circumstances beyond the Council member's control, which
include but are not limited to traffic, weather, accident.
11.2 VACANCY OF OFFICE
A Council position shall become vacant upon three(3)consecutive unexcused absences or
more than three (3) nonconsecutive absences as defined in Section 11.1(3). (RCW
35A.12.060)
11.3 Council Members will inform the Mayor,the Deputy Mayor,or City Clerk if they are unable
to attend any Council meeting,or if they knowingly will be late to any meeting. The minutes
will show the Council Member as having an excused absence.
11.4 ATTENDANCE FROM A REMOTE LOCATION
(1) Purpose. The City Council recognizes the benefits of the fullest practicable
attendance and participation by its Members and by the Mayor and hereby allows for
attendance at Regular and Special City Council meetings as well as Committee
meetings from a remote location through use of electronic means including such two-
way communication methods as speakerphone that provide full audio capability.
Attendance from a remote location will not be permitted for Executive Sessions.
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(2) Effect. For purposes of voting by a member (or members) of the Council, such
attendance from a remote location shall be considered the equal of being physically
present in the Council Chambers. If the Mayor attends by remote means,he/she may
participate in discussions,but the Deputy Mayor,if physically present in Chambers,
shall be the presiding officer to best facilitate an orderly and efficient process.
(3) Intent. Attendance from a remote location is intended to be an alternative and
relatively infrequently-used method for participation at meetings by members of the
Council.
(4) Limit. Only two Councilmembers may attend any one meeting by remote
communication. Councilmembers intending to participate in a meeting from a
remote location should let the City Clerk know as soon as possible of his/her '
intention. The City Clerk will confirm that one of the two remote connections is still
available for that specific meeting.
(4) System Requirement. All communication to and from the remote location must be
clearly heard by all others in attendance.
(5) Protocol. In any meeting involving remote attendance, the presiding officer shall
inform all present of the intent to use remote communication. At the beginning of the
meeting, the presiding officer shall announce to all in attendance that a particular
member of the Council and/or Mayor is present on the speakerphone from a remote
location and confirm that all participants can hear each other clearly. This
confirmation will be recorded in the meeting minutes.
If the Councilmember or Mayor who is attending from a remote location will not be
participating through the entire meeting,the presiding officer will announce through
what portion attendance by remote location will occur.
If during the court of the meeting, remote communication is irreparably broken or
significantly degraded,the presiding officer shall confirm the loss of the connection
and close the remote attendance.
SECTION 12. PUBLIC HEARINGS
12.1 TYPES
There are two types of public hearings: legislative and quasi-judicial. The Mayor will state
the public hearing procedures before each public hearing. Citizens may comment on public
hearing items.
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12.2 LEGISLATIVE PUBLIC HEARINGS
The purpose of a legislative public hearing is to obtain public input on legislative decisions
on matters of policy, including without limitation, review by the City Council of its
comprehensive land use plan or the biennial budget.
12.3 QUASI-JUDICIAL PUBLIC HEARINGS
The purpose of a quasi-judicial public hearing is to decide issues including the right of
specific parties and include,without limitation,certain land use matters such as site specific
rezones, preliminary plats, and variances. The City Council's decision on a quasi-judicial
matter must be based upon and supported by the "record" in the matter. The "record"
consists of all testimony or comment presented at the hearing and all documents and exhibits
that have been submitted. In quasi-judicial hearings, Council Members shall comply with
all applicable laws including without limitation the appearance of fairness doctrine(Chapter
42.36 RCW).
APPEARANCE OF FAIRNESS. Council members should recognize that the Appearance of
Fairness Doctrine does not require establishment of a conflict of interest,but whether there is
an appearance of conflict of interest to the average person. This may involve the Council
member or a Council member's business associate,or immediate family. It could involve ex
parte(outside the hearing)communications,ownership of property in the vicinity,business
dealings with the proponents and/or opponents before or after the hearing,business dealings
of the Council member's employer with the proponents and/or opponents, announced
predispositions, and the like. Prior to any quasi-judicial hearing, each Council member
should give consideration to whether a potential violation of the Appearance of Fairness
Doctrine exists. If so,no matter how remote,the Council member should disclose the facts
to the Mayor who will seek the opinion of the City Attorney,which will be communicated to
the Council member and the Mayor.
SECTION 13. MEDIA REPRESENTATION AT COUNCIL MEETINGS
13.1 All public meetings of the City Council, Council Committees, and Council advisory
committees shall be open to the media, freely subject to recording by radio,television and
photographic services at any time,provided that such arrangements do not interfere with the
orderly conduct of the meeting. Seating space shall be provided for the media at each public
meeting.
SECTION 14. COUNCIL REPRESENTATION
14.1 If a Council Member appears on behalf of the City before another governmental agency, a
community organization,or through the media,for the purpose of commenting on an issue,
the Council Member shall state the majority position of the Council,if known,on such issue.
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Personal opinions and comments which differ from the Council majority may be expressed if
the Council Member clarifies that these statements do not represent the Council's position.
14.2 Council Members need to have other Council Members'concurrence before representing(1)
another Council Member's view or position,or(2)the majority of Council's view or position
with the media, another governmental agency or community organization.
SECTION 15. CONFIDENTIALITY
15.1 Council Members shall keep confidential all written materials and verbal information,
including but not limited to the topic(s) and/or the substance, provided to them during
Executive Sessions, to ensure that the City's position is not compromised. Confidentiality
also includes information provided to Council Members outside of Executive Sessions when
the information is considered to be exempt from disclosure under exemptions set forth in the
Revised Code of Washington(RCW 42.23.070(3)).
15.2 If the Council, in Executive session, has provided direction or consensus to City staff on
proposed terms and conditions for any type of issue,all contact with the other party should be
done by the designated City staff representative handling the issue. Council Members should
obtain the permission of the majority of Council prior to discussing the information with
anyone other than other Council Members, the Mayor, the City Attorney or City staff
designated by the Mayor. Any Council Member having any contact or discussion needs to
make full disclosure to the City Council in a timely manner.
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15.3 Council member believes that a topic or discussion in Executive Session is improper, the
Council member may refuse to participate and leave the Executive Session and say nothing
outside of the Executive Session.
SECTION 16. COUNCIL TRAVEL AND EXPENSES
16.1 PURPOSE AND ADMINISTRATION
The objectives of this policy are to provide elected officials who incur authorized travel,
subsistence,registration and related expenses while on city business,reasonable and timely
mechanisms for the reimbursement and/or the advancement of such necessary expenditures.
It is also recognized that City payment for business related food and beverage for non-travel
purposes will be incurred by the City Council wherein reimbursement will be provided. This
policy statement also serves to provide guidelines by which to determine whether or not
expenditures by the City Council may be reimbursable to the Council Member,and by which
to determine refreshments and related costs served or made available at meetings involving
volunteers and other quasi-employees are legitimate City expenditures.
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Claimants have the responsibility for becoming knowledgeable about authorized
expenditures and the documentation requirements. Care must be taken to avoid unnecessary
or excessive expenditures, and those not directly and reasonably related to the conduct of
City business.
16.2 DOCUMENTATION
Except for per diem allowances, no claim for reimbursement shall be paid unless it is
accompanied by a bona fide vendor's receipt. Such receipts should show the date, a
description of the purchase, vendor identification and amount paid.
16.3
CLAIMS
Claims for reimbursement shall contain the following:
(1) The name of the person who consumed the goods or used the service for which
reimbursement is requested, whether it be for meals, lodging,transportation or any
other purpose; and
(2) A description of the event, occasion or circumstances related to the claim and the
public policy or public purpose served.
16.4 MEALS
Meal costs must be incurred directly by the claimant;direct billing to the City by a restaurant
is prohibited except by way of an authorized City credit card.
Reasonable payment for table service at a restaurant, commonly referred to as a tip, is
reimbursable as a reasonable and necessary cost for such service.
16.5 PER DIEM SCHEDULE OF REIMBURSABLE MEAL COSTS
The reasonable cost of necessary meals while conducting City business is authorized for
reimbursement.
All City officials claiming reimbursement for meals consumed while on City business shall
be entitled to reimbursement not to exceed the per diem rate as established by the Mayor and
modified from time to time.
Notwithstanding the foregoing index,actual meal costs may be claimed when they are part of
a regularly scheduled business event such as training seminar,professional meeting,or other
business meeting.
If the costs of meals for persons other than the claimant are included, unless otherwise
approved by the Mayor or designee,those persons must be entitled to meal reimbursement in
their own right and they shall be listed by name and title in claim documentation.
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16.6 EXPENDITURES NOT INCLUDABLE AS ACTUAL MEAL COSTS
Unauthorized expenditures include, but are not limited to:
(1) Liquor.
(2) Expenses of a spouse or other persons not authorized to receive reimbursement under
this policy.
16.7 TRAVEL
Reimbursement for reasonable costs of business travel is authorized. General guidelines are
as follows.
16.8 CITY VEHICLE
Out-of-the-area costs of vehicle operation are authorized,such as gas,oil,tires and necessary
repairs.
16.9 PERSONAL VEHICLE
Expenses shall be reimbursed for travel within a 300 mile radius of the City at such rate per
mile as shall be established from time to time by the Mayor in his/her discretion,but not to
exceed the then current maximum rate allowed by the United States Internal Revenue Service
for reimbursement of such expenses for purposes of business travel expense deductions.
Trips beyond this limit will be reimbursed at the lower of a)the established rate per mile,or
b) the lowest available airfare obtainable by the City's Finance Staff plus mileage
reimbursement at the then current City rate,based upon the estimated distance between the
airport and the destination. Incidental travel costs such as parking, ferry or bridge tolls are
reimbursable as they would be if a City vehicle was provided.
16.10 RENTAL VEHICLE
The cost of vehicle rental is considered an exception to this policy and must be approved by
the Deputy Mayor or designee in writing. The rental of the vehicle must include the option
for additional insurance coverage offered at the rental agreement.
16.11 AIR TRAVEL
Arrangement for air travel on City related business shall be arranged as outlined below:
(1) Whenever feasible,the need for air travel arrangements should be provided at least 5
weeks in advance of the departure date.
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(2) The authorized procurer will arrange for air travel based on the lowest available
airfare for a regularly scheduled flight which reasonably accommodates the time of
travel requested, and the destination as specified.
(3) The authorized procurer will purchase the tickets at the time the rate is quoted and
the Council Member will be advised of the arrangements for acquiring the tickets.
(4) If personal travel is combined with business related travel, the traveling Council
Member shall be responsible for paying the increase in airfare necessary to
accommodate the personal part of the flight. The City shall only pay the lowest
available airfare for the round trip between the Seattle/Tacoma airport and the
business related destination. Such payment for a personal travel shall accompany the
City's payment to the vendor for the tickets whenever feasible.
(5) If changes in travel plans occur that are the result of City business requirements,(i.e.
delays in departure,cancellations,extended stays,or revised itinerary)any associated
costs shall be paid by the City. However,all increase in cost of travel due to changes
for personal convenience will be borne by the Council Member.
(6) Officials who obtain airline tickets on their own will be reimbursed based on the
lower of: a)Actual out-of-pocket cost paid for the airline tickets or alternate means
of transportation (substantiated by a receipt); or b) the lowest airfare available for
their time of travel,unless an exception is granted in writing by the Deputy Mayor or
designee. In this case, the official must pay the cost of the travel and seek
reimbursement along with all other travel expenses. Direct billing of airfare to the
City is allowed only if ordered by the City Staff,as may be authorized by the Deputy
Mayor.
16.12 FIRST CLASS AIR TRAVEL
First class air travel is not authorized.
16.13 OTHER TRAVEL EXPENSES
Miscellaneous travel costs such as bus, taxi, bridge or other tolls, parking, ferry, porter,
bellman and the like(not including any maid service)are authorized by a listing of same as
provided by the reimbursement form. Payment of a reasonable amount for porter service,
bellman service and the like is considered to be a necessary payment for such service and,
therefore, reimbursable.
16.14 VENDOR'S RECEIPT
A vendor's receipt will be required only when the single item cost of this type expense
exceeds $10.00.
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Local parking, ferry and bridge tolls may be reimbursed through the Petty Cash system,
subject to the Petty Cash Guidelines.
16.15 OUT-OF-STATE OR OVERNIGHT TRAVEL
To be eligible for any City reimbursement for out of state and/or overnight travel expense,
the one way travel distance must be greater than 50 miles from City or home.
16.16 ACCOMMODATIONS
Reasonable hotel/motel accommodations for officials are acceptable and will be reimbursed
at a maximum of the single room rate. A vendor's receipt for this category is required for all
claims. Direct billing of hotel/motel charges is not allowed unless by way of an authorized
City credit card.
16.17 INCIDENTAL EXPENSES
Includes all reasonable and necessary incidental expenses and includes,but is not limited to,
the following:
(1) ALLOWABLE INCIDENTAL EXPENSES
Laundry expenses if away from home four(4) or more calendar days.
Baggage checking.
Business telephone and postage expenses. Personal telephone calls home, if away
from home for more than a 24 hour duration, are considered a business telephone
expense.
(2) NON-ALLOWABLE INCIDENTAL EXPENSES
Personal entertainment.
Theft, loss or damage to personal property.
Expenses of a spouse, family or other persons not authorized to receive
reimbursement under this policy
Barber or beauty parlor services.
Airline and other trip insurance.
Personal postage, reading material,telephone calls.
Personal toiletry articles.
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16.18 NON-TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY
Reimbursable expenses are subject to the following:
(1) Meals consumed by the City official during meetings and other functions which
conduct official City business or serve to benefit the City of Federal Way are
reimbursable to the official.
(2) Generally,the City will not incur costs for refreshments,and other related items,for
meetings or functions held in the normal course of business or that are attended
solely by City officials. However, such meetings or functions wherein a municipal
function,public purpose,or City program is served or furthered,and wherein the City
Council has expressly approved the meeting as such, the City may incur such costs
directly or as a reimbursement to employees who have incurred such costs on behalf
of the City.
(3) Refreshments purchased solely for personal entertainment are not a legitimate City
expense.
16.19 CEREMONIES AND CELEBRATIONS
(1) Reasonable expenses,including food and beverage,associated with commemorating
a dedication or an unveiling;special awards and recognitions of employees or quasi-
employees; meetings or ceremonies with or involving officials from other
governmental entities, including sister cities are recognized as serving a public
purpose are legitimate City expenditures.
(2) Private celebrations rather than public celebrations are not generally considered as
serving a public purpose. Refreshment, food and beverage related costs would
therefore not be recognized as legitimate City expense.
(3) Support of a local "event" or celebration may not take the form of a gratuitous
contribution of public funds to a private person, committee or organization.
Expenditure of public funds on a publicly sponsored event requires the existence of a
recognizable public purpose that relates to the City's existence,proper authorization
from the legislative authority for such public sponsorship, and a reasonable
relationship between the amount of the City's expenditure and the"public"nature of
the event.
16.20 MEAL REIMBURSEMENT FOR NON-CITY OFFICIALS
Council Member claims for the reimbursement of meal costs for non-city employees and
non-city officials shall be documented and approved by the Mayor or designee. The
documentation must identify:
(1) The names of the individual or individuals being hosted;
20
(2) Their official title or capacity as it related to City business;
(3) The nature of the topic or topics discussed, nature of the occasion, what public
purpose or public policy was served; and
(4) How this activity was an appropriate way to carry out that purpose or policy.
16.21 CLAIMS AND APPROVAL PROCEDURE
All claims shall be submitted for reimbursement using the form provided by the City Finance
Department. Travel and subsistence expenses except for incidental and minor costs will not
be paid from any Petty Cash Fund,unless it is in compliance with petty cash policy adopted
by the City.
the Approvals required by this policy shall be obtained by Council Members, fro m t Deputy
Mayor or designee.
16.23 Claims may include the reimbursable costs of other City officials who would be entitled in
their own right to claim business expenses.
16.24 Claims of Council Members must be approved by the Mayor or his/her designee for
reimbursement.
16.25 Exceptions to the expense rules for unusual circumstances may be approved at a regular City
Council meeting by a majority vote of the Council Members present at the meeting.
16.26 In preparation of the City's budget, Council Member travel and training expenses shall be
anticipated and included in budget appropriations to reflect the planned Council attendance at
annual conferences of municipal officials, such as the National League of Cities or
Association of Washington Cities.
Meetings, conventions or training programs that require expenditure of funds to be
reimbursed or paid on behalf of Council Members that are allocated in the budget must be
approved by the Deputy Mayor or designee.
Meetings, conventions or training programs that require expenditure of funds to be
reimbursed or paid on behalf of Council Members that are not anticipated and not allocated
in the budget must be approved by the Deputy Mayor in consultation with the Mayor.
16.27 REPORT
A report, oral and/or written as appropriate, shall be made to the Council at a regularly
scheduled Council meeting as soon as practical, following said conference, seminar or
training, in order that the full Council may benefit from the training experience received by
the Council Member who attended. A record of such reports shall be maintained by the City
Clerk.
21
The Mayor shall make an annual State of the City report,orally or in writing,to be available
to the public during the first quarter of each year.
The Mayor shall provide an Executive Summary following each City Council retreat which
shall be made available to the public.
SECTION 17. PUBLIC RECORDS
17.1 Public records created or received by any Council Member should be transferred to the City
Clerk's office for retention by the City in accordance with the Public Records Act, Chapter
42.56 RCW. Public records that are duplicates of those received by,or in the possession of
the City, are not required to be retained. Questions about whether or not a document is a
public record or if it is required to be retained should be referred to the City Attorney.
17.2 Electronic mail communications that do not relate to the functional responsibility of the
recipient or sender as a public official, such as meeting notices, reminders, telephone
messages and informal notes, do not constitute a public record. All other messages that
relate to the functional responsibility of the recipient or sender as a public official constitute a
public record.
E-mail communications that are intended to be shared among four or more Council members,
whether concurrently or serially, must be considered in light of the Open Public Meetings
Act. If the intended purpose of the e-mail is to have a discussion that should be held at an
open meeting, the electronic discussion should not occur. Further, the use of e-mail
communication to form a collective decision of the Council violates the Open Public
Meetings Act.
SECTION 18. DEPUTY MAYOR SELECTION PROCESS
18.1 The Deputy Mayor shall be nominated and elected from the ranks of the sitting Council
Members.
18.2 The Deputy Mayor shall be elected for two (2)year terms at the first Regular City Council
meeting in January of the applicable year, by a majority vote of the City Council in
accordance with RCW 35A.12.065. The City Council may rescind the vote of the Deputy
Mayor by a simple majority. If a vacancy occurs,the Council shall elect a Deputy Mayor to
fill the unexpired term.
18.3 The Mayor or designee shall conduct the election for the Deputy Mayor. (See Appendix"A"
to these Rules.)
22
SECTION 19. CITY ADVISORY COMMITTEES
19.1 Federal Way's commissions,committees and task forces provide an invaluable service to the
City. Their advice on a wide variety of subjects aids Council Members in the decision-
making process. Effective citizen participation is an invaluable tool for local government.
19.2 These advisory bodies originate from different sources. Some are established by ordinance
while others are established by motion of the City Council. It is at the discretion of the
Council as to whether or not any advisory body should be established by ordinance.
19.3 Federal Way advisory bodies bring together citizen viewpoints which might not otherwise be
heard. Persons of wide-ranging interests who want to participate in public service but not
compete for public office can be involved in governmental commissions, committees and
task forces. These bodies also serve as a training ground or stepping stone for qualified
persons who are interested in seeking public office.
19.4 As Federal Way advisory bodies have been formed since incorporation, the adoption of
uniform rules of procedure is necessary to assure maximum productivity. The following
policies govern the City's advisory groups; some of these advisory groups may have more
specific guidelines set forth by ordinance,resolution,the Federal Way City Code,or at times
by state law.
19.5 Every advisory body, when it is formed, will have a specific statement of purpose and
function, which will be re-examined periodically by the City Council to determine its
effectiveness. This statement of purpose is made available to all citizen members when they
are appointed.
19.6 The size of each advisory group is determined by the City Council and the size is related to
its duties and responsibilities. Another determination to be made prior to formation is the
cost impact for City staffing a proposed advisory body.
19.7 The Council may dissolve any advisory body that, in their opinion, has completed its
working function or for any other reason.
19.8 Members and alternate members of all advisory bodies are appointed by majority vote of the
Council Members during a regularly scheduled meeting.
19.9 For new applicants responding to the advertisement, the Council Committee of the Whole
will convene to review the applications, interview the applicants and recommend Citizen
Advisory Committee appointments to the City Council. Any Council Member who shall
attend the public interview session shall be eligible to vote on the recommendation to be
made to the full Council. A quorum of three (3) Council Members shall be required to
forward any recommendation to the full Council. The full City Council shall vote on the
appointments to the Citizen Advisory Committee at a regularly scheduled Council meeting
unless the appointment is made under Rule 19.12.
23
19.10 Vacancies on Commissions will be filled as follows:
(1) Filling Vacancies at End of Term
To fill a vacancy created by the expiration of a term,City Staff will advertise the availability
of the open position to the public. The citizen currently serving in the position may reapply
for the same position. All applicants,including the incumbent,will be interviewed pursuant
to the process outlined in Council Rule 19.9.
(2) Filling Vacancies Mid-Term
When a citizen advisory position becomes vacant mid-term, tThe City Council wi41 may
appoint an alternate commissioner who is already serving on that same board or commission
to fill the mid-term vacancy. not interview applicants already serving in the position, and
csta: • • • - • - • . . . • —. - •- -
Alternates who were previously interviewed within 12 months of the vacancy being created
do not need to be interviewed again prior to appointment as a voting member.
19.11 Council Members will raise any concerns about any recommendation prior to the City
Council meeting that is scheduled for the approval of the appointment.
19.12 Vacancies will be advertised not more than three times so that any interested citizen may
submit an application. Council Members are encouraged to solicit applications from
qualified citizens. In the event there are an insufficient number of applications to fill the
vacancies,the Deputy Mayor will solicit new appointments and notify the City Clerk. The
City Clerk will notify Council Members of the proposed appointment(s). Any Council
member may contact the City Clerk to request the interview process as set forth in Rule 19.9.
If no Council Member requests the interview process,the Deputy Mayor will appoint said
new applicants and announce the appointment at a regular City Council meeting. Applicants
must be citizens of the City of Federal Way if required by the Federal Way City Code or if
required by the City Council. Applications shall be available from the Office of the City
Clerk.
19.13 Lengths of terms vary from one advisory body to another,but in all cases overlapping terms
are intended. On special work task forces,where a specific project is the purpose,there need
not be terms of office.
19.14 Newly appointed members will attend an orientation no later than thirty(30 days after the
appointment. The orientation will include a presentation by the City Attorney,or designee,
to address applicable laws,including the Federal Way Ethics Code,and receive a briefing by
the commission,committee or task force chairperson,the Council Committee Chair and/or
City staff. The briefing will include the duties and responsibilities of the members of the
advisory body.Each newly-appointed member will receive an information packet which will
include a commission, committee or task force membership list, responsible City staff
24
member, statement of purpose for the advisory body which may include an ordinance,
resolution, bylaws, or annual work program and a copy of the City of Federal Way Ethics
Code.
19.15 All advisory bodies will be responsible for adopting their operating policies consistent with
the establishing resolution or ordinance.
19.16 All meetings of advisory bodies are open to the public in accordance with the public meeting
laws of the State of Washington which requires a minimum 24-hour advance notice; no
advisory committee will schedule a meeting earlier than 7:00 a.m.
19.17 The number of meetings related to business needs of the advisory group may be set by the
individual body, unless set forth in a resolution or ordinance. Notice of all meetings,
including date, time, place and principal subjects to be discussed will be published in
accordance with the public meetings laws of the State of Washington and the policies of the
City of Federal Way.
19.18 The advisory body chairperson will be responsible for coordinating the meeting agendas with
the appropriate City support staff.
19.19 Minutes will be kept of all meetings in accordance with the public meeting laws of the State
of Washington. The appropriate City support staff will be responsible for preparation of the
minutes of each advisory committee meeting.
19.20 Excessive absenteeism, excluding illness or required travel, is cause for the removal of an
advisory body member. Three(3)consecutive absences will be considered resignation from
the body unless prior to the third absence, the member has requested, and been granted,an
excused absence. The advisory body granting the excused absence will determine the
validity of the request.
19.21 Members may resign at any time their personal circumstances change to prevent effective
service.
Members may be removed,from any advisory committee,prior to the expiration of their term
of office, by a majority vote of the City Council.
19.22 A quorum for conducting business is a simple majority of the membership of the advisory
body.
19.23 At the first meeting of each calendar year or upon appointment all members of advisory
bodies shall provide a written list of all memberships on boards and employment to the Chair
and to Staff. The list shall include the members and immediate family(spouse/partner and
dependant children). It is the responsibility of the member to update the list when changes
occur. The purpose of the list is to avoid any instance of conflict of interest. No individual
should use an official position for financial gain and/or personal advantage.
25
19.24 Lobbying efforts by any advisory bodies on legislative, or political,matters should first be
checked for consistency with existing City policy by contacting the Mayor's office. In the
event a position is taken that differs from that of the City's policy,an advisory body acting as
an official body of the City of Federal Way, cannot represent that position before another
body,i.e.,the State Legislature or the King County Council. An individual member is free to
voice a position,oral or written,on any issue as long as it is made clear that he or she is not
speaking as a representative of the City of Federal Way, or as a member of his or her
commission, committee or task force.
19.25 Members of advisory bodies are encouraged to attend City Council meetings to keep abreast
of Council actions.
19.26 The City Council transmits referrals for information or action through the Mayor and the
applicable Council Committee Chair to the advisory groups. These advisory groups transmit
findings, reports, etc., to the City Council through the Mayor and the applicable Council
Committee Chair.
19.27 While the City staffs role is one of assisting the commission, committee or task force,the
City staff members are not employees of that body. The City staff members are directly
responsible to his or her Department Director and the Mayor.
19.28 Annually, each advisory committee shall develop a work program for the City Council's
consideration and approval. The City Council may amend the committee's work program.
SECTION 20. COUNCIL COMMITTEES
20.1 Council committees are policy review and discussion arms of the Council. Committees may
study issues and develop recommendations for consideration by the Council. Committees
may not take binding action on behalf of the City unless a quorum of the City Council is
present,the Council Committee has been advertised as a Special Meeting of the Whole City
Council and, by majority vote, the City Council has directed that such action occur at the
Council Committee.
Council Committee structure shall be as determined by the City Council in January of each
year. The committees are as follows:
o Finance/Economic Development/Regional Affairs Committee
o Land Use/Transportation Committee
o Parks/Recreation/Human Services&Public Safety Committee
20.2 Committees shall establish regular meeting schedules as determined by the Chair of the
Committee in consultation with the Committee members.
20.3 Each committee will have staff support assigned by the Mayor. Staff will work with the
committee chairs to set agendas, provide support materials and prepare reports.
26
20.4 Summaries of each meeting will be prepared by staff and distributed to the Mayor and
Council Members. These summaries will be in lieu of verbal reports at Council meetings.
20.5 The Mayor or Deputy Mayor may send issues directly to committees for their review in lieu
of being referred to committee by the entire Council.
20.6 Committee appointments (chairs and members) shall be made by the Deputy Mayor. The
Deputy Mayor will take into account the interests and requests of individual Council
Members in making committee assignments.
20.7 Membership of each committee will consist of three (3) Council Members. Council
Members are expected to attend a majority of each respective committee meetings for each
calendar year.
20.8 The Deputy Mayor may serve as "ex officio" or be appointed to a committee an ex officio
(voting)member of a committee when a quorum of committee members is not available. If,
during a meeting when the Deputy Mayor is serving as an ex officio member, a quorum of
committee members appears at the meeting,the Deputy Mayor will no longer serve as an ex
officio member unless there is a pending matter before the committee that the Deputy Mayor
has participated in discussions for and is prepared to vote on.
20.9 The Deputy Mayor will make committee assignments each January,with members serving
two (2)year terms. Council shall ratify the Deputy Mayor's committee assignments at the
Council Meeting. The Deputy Mayor has the discretion to appoint or remove Committee
members at any time, subject to ratification by the Council.
SECTION 21. FILLING CITY COUNCIL & MAYOR VACANCIES
21.1 PURPOSE
The purpose of this section is to provide guidance to the City Council when a Federal Way
Council Member or Mayor position becomes vacant before the expiration of the official's
elected term of office. Pursuant to state law, a vacancy shall be filled only until the next
regular municipal election,to serve the remainder of the unexpired term.
21.2 REFERENCES
RCW 42.30.110(h)-Executive Session Allowed to Consider Qualifications of a Candidate
for Appointment to Elective Office.
RCW 42.30.060 - Prohibition on Secret Ballots.
RCW 42.12 - Vacant Position.
27
RCW 35A.12.050 - Vacancies - Filling of Vacancies in Mayor-Council Form of
Government.
21.3 APPOINTMENT PROCESS
(1) A Council position or Mayor position shall be officially declared vacant upon the
occurrence of any of the causes of vacancy set forth in RCW 42.12.010, including
resignation,recall,forfeiture,written intent to resign,or death of a Council Member
or Mayor. The Council Member or Mayor who is vacating his or her position cannot
participate in the appointment process.
(2) The Mayor shall direct staff to begin the Council Member appointment process and
establish an interview and appointment schedule, so that the position is filled at the
earliest opportunity. The City Council shall direct staff to begin the Mayoral
appointment process and establish and interview and appointment schedule, so that
the position is filled at the earliest opportunity.
(3) The City Clerk's Office shall prepare and submit a display advertisement to the City's
official newspaper, with courtesy copies to all other local media outlets, which
announces the vacancy consistent with the requirements necessary to hold public
office:that the applicant(a)be a registered voter of the City of Federal Way,and(b)
have a one(1)year residency in the City of Federal Way. This display advertisement
shall be published once each week for two (2) consecutive weeks. This display
advertisement shall contain other information,including but not limited to,time to be
served in the vacant position, election information, salary information, Council
Member or Mayor powers and duties, the deadline date and time for submitting
applications, interview and appointment schedules, and such other information that
the City Council deems appropriate.
(4) The City Clerk's Office shall prepare an application form which requests appropriate
information for City Council consideration of the applicants. Applications will be
available at City of Federal Way offices, King County libraries located in Federal
Way, the Federal Way Chamber of Commerce office, the Federal Way School
District administration office and such other locations that the City Council deems
appropriate. Copies of the display advertisement will be provided to current
members of City of Federal Way commissions, committees, task forces and other
City-sponsored citizen groups.
(5) Applications received by the deadline date and time will be copied and circulated,by
the City Clerk's Office, to the Mayor and City Council. Packets may also contain
additional information received such as endorsements,letters of reference and other
pertinent materials.
(6) The City Clerk's Office shall publish the required public notice(s) for the meeting
scheduled for interviewing applicants for consideration to the vacant position. This
28
meeting may be a regularly scheduled City Council meeting, or a special City
Council meeting.
(7) The City Clerk's Office shall notify applicants of the location, date and time of City
Council interviews.
(8) Prior to the date and time of the interview meeting,the Mayor or Deputy Mayor shall
accept one interview question from each Council Member.
•
21.4 INTERVIEW MEETING
Each interview of an applicant/candidate shall be no more than 30 minutes in length as
follows:
(1) The applicant shall present his or her credentials to the City Council. (10 minutes)
(2) The City Council shall ask the predetermined set of questions which must be
responded to by the applicant. Each applicant will be asked and will answer the same
set of questions, and will have 2 minutes to answer each question. (14 minutes)
(3) An informal question and answer period in which Council Members may ask and
receive answers to miscellaneous questions. (10 minutes)
(4) The applicants' order of appearance will be determined by a random lot drawing
performed by the City Clerk.
(5) The Council may reduce the 30-minute interview time if the number of applicants
exceed six(6)candidates,or alternatively,the Council may elect not to interview all
of the applicants if the number exceeds six(6)candidates. The decision as to which
applicants to interview will be based on the information contained in the application
forms.
21.5 VOTING
Upon completion of the interviews,Council Members may convene into Executive Session
to discuss the qualifications of the applicants. However, all interviews, deliberations,
nominations and votes taken by the Council shall be in open public session.
(1) The Mayor shall ask for nominations from the Council Members for the purpose of
creating a group of candidates to consider. No second is needed.
(2) Nominations are closed by a motion, second and majority vote of the Council.
(3) Council Members may deliberate such matters as criteria for selection and the
nominated group of candidates.
29
(4) The Mayor shall poll Council Members to ascertain that Council Members are
prepared to vote.
(5) The City Clerk shall proceed with a roll-call vote.
(6) Elections will continue until a nominee receives a majority vote of the remaining
Council members.
(7) At anytime during the election process,the City Council may postpone elections until
a date certain or regular meeting if a majority vote has not been received.
(8) Nothing in this policy shall prevent the City Council from reconvening into
Executive Session to further discuss the applicant/candidate qualifications.
(9) The Mayor shall declare the nominee receiving the majority vote as the new Council
Member and shall be sworn into office by the City Clerk at the earliest opportunity or
no later than the next regularly scheduled City Council meeting.
(10) If the City Council does not give a majority vote within 90 days of the declared
vacancy, the Revised Code of Washington delegates appointment powers to King
County.
SECTION 22. MISCELLANEOUS
22.1 When Council Members register to attend an official conference requiring voting delegates,
such as the annual National League of Cities or Association of Washington Cities, the
Council shall designate the voting delegate(s)and alternate voting delegate(s)during a public
meeting,by a majority vote;when possible,said selection of voting delegate(s)shall be done
on a rotating basis for the purpose of allowing all Council Members the opportunity to be an
official voting delegate.
SECTION 23. SUSPENSION AND AMENDMENT OF RULES
23.1 Any provision of these rules not governed by state law or ordinance, may be temporarily
suspended by a two-thirds (2/3)majority vote of the Council.
23.2 These rules may be amended, adopted,new rules ado ted, b Y majority a ma'ori vote of the Council.
30
APPENDIX "A"
DEPUTY MAYOR ELECTION PROCESS
(1) Any Council Member may nominate a candidate; no second is needed.
(2) Nominations are closed by a motion, second and 2/3 vote of Council.
(3) If only one(1)nomination is made,it is appropriate to make a motion and obtain a second to
instruct the City Clerk to cast a unanimous ballot for that nomination. Approval is by
majority vote of Council Members present.
(4) If more than one (1) nomination is made, an open election is conducted by roll call vote.
(5) To be elected,the nominee needs a majority vote of the Council.
(6) Elections will continue until a Deputy Mayor is elected by a majority vote of the Council.
(7) The Mayor shall declare the nominee receiving the majority vote as the new Deputy Mayor.
The Clerk shall swear the Deputy Mayor into office.
K:\mayor\city council\council rules\2016\2016 Council Rules
31
COUNCIL MEETING DATE: March 1, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 7a
SUBJECT: City of Tacoma Department of Public Utilities, Light Division Franchise Extension Ordinance
POLICY QUESTION: Should the City grant the City of Tacoma Department of Public Utilities, Light Division
a Franchise Extension Ordinance to continue to install, operate and maintain an electrical light and power
system within the City of Federal Way rights -of -way?
COMMITTEE: Finance, Economic Development and Regional Affairs Committee
MEETING DATE: February 23, 2016
CATEGORY:
❑ Consent
❑ City Council Business
® Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
i �'lh
STAFF REPORT BY: John Mulkey, P.E., Street Systems Manager P
Attachments:
1. Finance, Economic Development and Regional Affairs Committee memorandum dated February 23, 2016.
2. Franchise Ordinance
DEPT: Public Works
Options Considered:
1. Approve the Ordinance and forward to the March 1, 2016 City Council meeting for first reading.
2. Modify the Ordinance and forward to the March 1, 2016 City Council meeting for first reading.
3. Reject the Ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the M
Ordinance Agenda for first reading.
J, kr41 I)O.U) t .. J. �'(rkV DIRECTOR APPROVAL:
Committee 4404, Council � gA l
oho,
L) x 6.144„
MAYOR APPROVAL:
CHIEF OF STAFF:
Com
Council
ch 1, 2016 City Council
74/11110
mmittee
COMMITTEE RECOMMEN 1 ' TION: The Committee recommends forwarding Option 1 to the March 1, 2016 City
Council Ordinance agenda for first reading.
Committee Chair
44A/J,44-
Committee -mber Committee Member
PROPOSED COUNCIL MOTION:
1ST READING OF ORDINANCE (03/01/2016): "I move to forward the ordinance to a second reading for
enactment on the March 15, 2016 Council agenda."
2ND READING OF ORDINANCE (03/15/2016): "I move approval of the City of Tacoma Department of Public
Utilities, Light Division Franchise Extension ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ m TABLED/DEFERRED/NO ACTION
Ec / MOVED TO SECOND READING (ordinances only)
REVISED - 08/12/2010
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
x170
03-01-/
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 23, 2016
Finance, Economic Development and Regional Affairs Committee
Jim Ferrell, Mayor
Marwan Salloum, P.E., Public Works Direct();
John Mulkey, P.E. Street System Manager
City of Tacoma Department of Public Utilities, Light Division — Franchise Extension
Ordinance
BACKGROUND
The City of Tacoma Department of Public Utilities, Light Division previously requested, and
was granted, a franchise from the City of Federal Way in order to install, operate and maintain an
electrical light and power system within the City of Federal Way and are seeking an extension of
that franchise agreement (see attached franchise.
The term of this Franchise extension is for a period of an additional ten (10) years commencing
on the effective date of this Franchise consistent with franchises the City has granted to other
utility provider.
Tacoma Department of Public Utilities, Light Division will maintain all requirements of the
original Franchise Agreement, including insurance requirements of $5 Million combined single
limit for commercial general liability and $5 Million for automobile insurance.
cc: Project File
Day File
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, extending
the term of the franchise agreement established in ordinance 06 -517 and
granting the City of Tacoma Department of Public Utilities, Light
Division a nonexclusive franchise to occupy rights -of -way of the City of
Federal Way, Washington, through the franchise area within the
specified franchise area for purposes of constructing, maintaining,
repairing, and operating an electrical light and power system within and
through the City of Federal Way; (Amending Ordinance No. 06 -517).
WHEREAS, the City of Tacoma Department of Public Utilities, Light Division, previously
requested, and was granted, a franchise from the City of Federal Way, in order to install, operate and
maintain an electrical light and power system in certain rights -of -way as attached in Exhibit A and
incorporated herein; and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to specify
the rights and duties of the City of Tacoma Department of Public Utilities, Light Division, through a
franchise; 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 transmission and
distribution of electrical energy: and
WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves
such other powers and authorities granted to Washington code cities by general law;
WHEREAS, Section 4 of the franchise established in Ordinance 06 -517 allows the parties to
extend the term of the original 10 -year franchise for an additional term of 10 years, and the City of
Tacoma Department of Public Utilities, Light Division, has expressed a desire to do so; and
Ordinance No. 16- Page 1 of 3
Rev 1/15
WHEREAS, the City Council of Federal Way finds that it is in the public interest to extend
this franchise for an additional 10 year term;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The term of the franchise established in Ordinance 06 -517 and attached as Exhibit
A is extended for an additional ten (10) years commencing on the effective date of this ordinance.
Section 2. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance,
or the invalidity of the application thereof to any person or circumstance, shall not affect the validity
of the remainder of the ordinance, or the validity of its application to any other persons or
circumstances.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall be effective thirty (30) days after passage and
publication as provided by law.
Ordinance No. 16-
Page 2 of 3
Rev 1 /15
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 3 of 3
Rev 1/15
` - ,
ORDINANCE NO. 06- 511
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, GRANTING UNTO THE CITY
OF TACOMA DEPARTMENT OF PUBLIC UTILITIES, LIGHT
DIVISION, 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 AN
ELECTRICAL LIGHT AND POWER SYSTEM WITHIN AND
THROUGH THE CITY OF FEDERAL WAY.
WHEREAS, The City of Tacoma Department of Public Utilities, Light Division, has
requested a franchise from the City of Federal Way, in order to install, operate and maintain a electrical light
and power system in certain rights -of -way as depicted in Exhibit A on file with the City Clerk; and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to specify
the rights and duties of the City of Tacoma Department of Public Utilities, Light Division, through a franchise;
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 transmission and distribution of electrical
energy; 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:
ORD # 06.511 PAGE 1
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 plant, equipment, wires, conduit, meters, communication equipment for
remote meter reading and systems automation, generation equipment, and transmission and distribution poles
as may be necessary to provide electric utility service for customers. It does not include cable television
business equipment used for cable television activities.
1.5 "FWCC" means the Federal Way City 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. The Franchisee shall place Facilities on the right -of -way in the Franchise
Area, but not on any other public property owned, in whole or in part, leased, or otherwise occupied by the
City.
1.7 "Franchisee" means The City of Tacoma Department of Public Utilities, Light Division, a
municipal corporation, and public utility, and its respective successors and assigns.
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 lay, construct, extend, repair, renew, and replace
Facilities in the Franchise Area.
ORD # 06-517 PAGE 2
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 the terms of this Franchise or other applicable law. This Franchise may be renewed for one
additional ten (10) year period upon written request of Franchisee, not more than two (2) years or less than one
hundred eighty (180) days prior to the expiration of the initial term.
Notwithstanding the foregoing, Franchisee may terminate this Franchise, and remove its
facilities, at any time upon at least 90 -days written notice to the City.
SECTION 5. LOCATION OF FACILITIES
5.1 1,ocation. In addition to the other requirements in this Franchise, the location of the Facilities,
including the underground Facilities and appurtenances, their depths below surface of ground or grade of a
right -of -way (when available), shall be depicted on a map and submitted to the City within thirty (30) days of
ORl) 4 06-5 t7PAGE 3
acceptance of this franchise or installation. Upon written request of the City, Franchisee shall update such map
to reflect actual or anticipated improvements to the Facilities. 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 GIS Data. Franchisee shall submit the information required in Subsection 5.1 above in digital
Geographic Information System ( "GIS ') format, showing the location of its Facilities within the Franchise
Area.
5.3 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 further 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.
5.4 No Warranty or Waiver. Nothing herein is intended to relieve the parties of their respective
obligations arising under Chapter 19.122 RCW or other applicable law with respect to determining the location
of utility facilities prior to construction. Further, neither the provisions of this Franchise nor the absence of any
specific provision in this Franchise is intended to limit, detract from or render ineffective any disclaimer
(including, without limitation, any disclaimer as to accuracy or completeness) placed by Franchisee on any map
furnished to the City pursuant to Section 5.2 of this Franchise.
SECTION 6. NONINTERFERENCE OF FACILITIES
Franchisee agrees to maintain its Facilities, perform all work within the Franchise Area, and exercise
any and all rights 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 ordinances, Franchise provisions,
ORD # 0610 PAGE 4
regulations, resolutions and rules, as now existing or as hereafter amended, and (3) as reasonably required by
the Director.
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 except for routine maintenance, defined in Section 7.3. Franchisee permit
applications shall show the position and location of the Facilities to be constructed, laid, installed, or erected at
that 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. The Franchisee shall
specify the 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, backfi Il, and temporary structures such as, but
not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and the satisfaction
of 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.
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
ORD # 06 5t;lPAGE 5
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 performed, prior to
commencing the work if reasonably possible, or immediately following cessation of the emergency if not; and
(2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency.
7.3 Maintenance
Franchisee shall have the right to conduct maintenance to repair, modify, supplement, replace or
upgrade the Franchisee's Facilities, provided that the Franchisee shall obtain a 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. Notwithstanding any requirements
contained herein, routine maintenance that does not interfere with pedestrian or vehicular traffic (such as
inspection, switching, or opening vaults and enclosures) does not require a permit.
SECTION 8. STANDARD OF PERFORMANCE
The Franchisee shall not excavate a trench and leave the jobsite at the end of the workday without
immediately backfilling and compacting to surface grade and the satisfaction of the Director. Backfilled trench
areas within a driving lane must be patched or plated, 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 within 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 two (2) weeks, weather permitting, and shall be equal to or better than the
surface condition prior to permit issuance. The City may elect to have Franchisee install conduit in
Franchisee's trenches for the City's use and ownership provided the City agrees to reimburse Franchisee for
the incremental cost of installing such conduit.
ORD # 06- 51,PAGE 6
Franchisee shall not open cut any street without an approved permit except as described in Section
7.2. Permit conditions will be reasonable based on facts and circumstances and a one block in length overlay
in both directions from an open cut will not apply in all circumstances.
Franchisee shall, in carrying out any authorized activities within the Franchise Area, comply with all
applicable laws, codes and standards, as now existing or hereafter adopted or amended, and in compliance with
the terms of this Franchise and any permit conditions, whether or not the work is performed by the Franchisee,
its agents, employees, subcontractors, or other third parties at Franchisee's direction. Upon completion of any
installation of Franchisee's Facilities within the Franchise Area, the "as- built" location of the Facilities shall be
shown in the plans submitted by Franchisee to the City's Public Works Department. Nothing 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 9. SURFACE MARKINGS /STAKES
Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall,
using a licensed surveyor, reference all monuments and markers relating to subdivisions, plats, highway, and
other surveys likely to be disturbed. 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. 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. 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
ORD # 06 -5t7 PAGE 7
ties shall be filed with the City. In the event of any conflict or inconsistency between this Section 9 and
Chapter 19.122 RCW, as now existing or hereafter amended, Chapter 19.122 RCW will control.
SECTION 10. RIGHT TO CITY TO UNDERTAKE MAINTENANCE WORK
The laying, construction, maintenance, and operation of Franchisee ' s Facilities 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 or
excavating in order that Franchisee may protect its Facilities or property.
SECTION 11. RIGHT OF CITY TO COMPLETE WORK
In the event Franchisee fails to comply with any of the terms of this Franchise, and such
noncompliance continues for a period of ten (10) business days after Franchisee receives written notice from
the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work
completed, including without limitation Franchisee's obligation to repair pursuant to Section 13 herein and
Franchisee's obligation to remove facilities pursuant to Section 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 administrative expenses.
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 reasonably acceptable to Franchisee.
SECTION 12. NOTICE TO FRANCHISEE OF WORK BY CITY
12.1 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
ORD # 06- 513PAGE 8
Rights reserved herein include, without limitation, the construction of any 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.
12.2 City's Duties. In the event the City undertakes any street improvement project, or use of the
Franchise Area as authorized by Subsection 12.1 herein, and such project or other City use necessitates the
relocation or underground conversion of Franchisee's then existing Facilities within the Franchise Area, the
City shall:
(a) Provide 180 days written notice to Franchisee requesting such relocation or
underground conversion within a reasonable time prior to the commencement of such project or other
City use; and
(b) Provide Franchisee with copies of pertinent portions of the City's plans and
specifications for such project so that Franchisee may relocate or convert its Facilities to accommodate
such project or other City use; and
(c) Use its best efforts to provide space sufficient for the safe and efficient installation,
operation, repair and maintenance of all of the Facilities within the Public Right of Way.
12.3 Franchisee's Duties. Within 180 days of notification from the City requesting the relocation or
underground conversion of the Facilities pursuant to Subsection 12.2(a) 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 to a location or position directed by the City to comply with City requirements or, to cause the
least interference with the improvement, repair, or alteration contemplated by the City and so as to conform to
such new grades as may be established. If the City improves a right -of -way, Franchisee shall replace the
ORD # 06-5(7 PAGE 9
Facilities located in the improved subgrade of the improvement with Facilities conforming to the specifications
for the improvement of the right -of -way. If the Franchisee is required to relocate three spans and/or 500 feet or
more due to a City project, the Facilities shall be converted to underground pursuant to FWCC. Except as
provided otherwise herein, Franchisee shall complete relocation of its Facilities at its sole cost and expense.
12.4 Alternative Proposals. The Franchisee may, after receipt of written notice requesting a
relocation of its Facilities, submit to the City written alternatives to such relocation. The City shall evaluate
such alternatives and advise the Franchisee in writing if one or more of the alternatives are suitable to
accommodate the work that would otherwise necessitate the relocation of the Franchisee's Facilities. If so
requested by the City, the Franchisee shall submit additional information to assist the City in making such an
evaluation. The City shall give each alternative proposed by the Franchisee full and fair consideration. In the
event the City determines in its sole discretion that there is no other reasonable alternative, the Franchisee shall
relocate its Facilities as provided in Section 12.3. The Parties agree to exercise good faith, reasonable and
timely decision - making especially when issues arise in the field pertaining to relocation. The provisions of this
Section shall survive the expiration or termination of this Franchise.
12.5 Subsequent Relocation. If any portion of Franchisee's Facilities that has been required by City
to be relocated under the provisions of this section is subsequently required to be relocated again within five
(5) years of the original relocation, City will bear the entire cost of the subsequent relocation.
12.6 Underground Conversion Cost Allocation. Whenever the City desires the underground
conversion of the Facilities in conjunction with a City improvement project, as described in 12.1, the costs
shall be allocated as follows:
(a) Forty percent (40 %) of the total actual and reasonable costs of converting the
Franchisee's existing overhead primary electrical distribution system and data lines to underground
shall be paid by the City. (Total actual cost shall include, but not be limited to, vaults, conduit, cable,
data conduit and cable, switch gears, and transformers.)
ORD # 06-50 PAGE 10
(b) Sixty percent (60 %) of the total actual and reasonable costs of converting the
Franchisee's existing overhead primary electrical distribution system and data lines to underground
shall be paid by the Franchisee. (Total actual cost shall include, but not be limited to, vaults, conduit,
cable, data conduit and cable, switch gears, and transformers.)
(e) If sufficient space, as mutually agreed upon, is not available within the Public Right
of Way, the City shall acquire additional right of way as necessary and the costs of such additional
right of way shall be a "shared cost" to be paid forty percent (40 %) by City and sixty percent (60 %) by
Franchisee.
(d) One hundred percent (100 %) of all trenching, restoration, and surveying costs of
converting the Franchisee's existing overhead primary electrical distribution system and data lines to
underground shall be paid by the City.
(e) Conversion of the secondary electrical service on private property is not to be
included in the computation of the allocation of payments. The customer must supply and install the
secondary conductor, power conduit and Franchisee's data conduit from the meter to the secondary
electrical service box located near the property line.
(f) Franchisee may elect to install conduit for data use in trenches where existing
overhead data lines are not present for no additional share of trenching costs. The City may elect to
have Franchisee install conduit in Franchisee's trenches for the City's use, provided the City agrees to
reimburse Franchisee for the incremental cost difference. The incremental cost shall be the actual cost
of the conduit plus the labor to install it, without profit markup.
12.7 Other Relocation. The provisions set forth under Sections 12.3 through 12.6 shall not be
applicable if any private person or entity requires the relocation of Franchisee's Facilities to accommodate the
work of such private person or entity within the Franchise Area. Payment for such relocation shall be a private
matter between Franchisee and the private person or entity whose work necessitates the relocation.
ORD # 06-517 PAGE 11
SECTION 13. 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 immediately notify the City of the damage. 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. The City may, 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, do,
order, and have done the repairs and the Franchisee, upon demand, shall pay to the City the actual costs of the
work.
SECTION 14. DEFAULT
14.1 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.
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 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 maybe
reasonably necessary and so long as Franchisee commences promptly and diligently to effect such compliance.
ORD # 06 -SI1 PAGE 12
SECTION 15. NONEXCLUSIVE FRANCHISE
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. This Franchise shall not prohibit or prevent the City from
using the Franchise Area for any reason not inconsistent with this Franchise or affect the jurisdiction of the
City over the Franchise Area or any part thereof. 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,
including without limitation, the construction of any 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.
SECTION 16. 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 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 will (1) notify
Franchisee of proposed vacations of streets within which Franchisee's Facilities are located and (2) reserve an
easement for Franchisee's Facilities within a vacated area if feasible. The City may, after thirty (30) days
written notice to Franchisee, terminate this Franchise with respect to any such vacated area.
ORD # 06 -511 PAGE 13
SECTION 18. 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; 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.
Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary
and appropriate ordinances made in the exercise of its police powers in the interest of public safety and for the
welfare of the public. The City shall have the authority at all times to control by appropriate regulations the
location, elevation, manner of construction and maintenance of any facilities by the Franchisee and the
Franchisee shall promptly conform with all such regulations, unless compliance would cause the Franchisee to
violate other requirements of law.
SECTION 19. GUARANTEE
Franchisee shall guarantee work completed by the Franchisee under this franchise for a period of ten
(10) years against settlement or repair.
SECTION 20. CHARGE FOR ADMINISTRATIVE COSTS
Franchisee agrees to pay a fee or charge to recover the actual reasonable administrative expenses
incurred by the City which are directly related to receiving and approving this Franchise not to exceed One
Thousand and No /100 Dollars ($1,000.00). 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.
O.RD # 06- 51,2PAGE 14
SECTION 21. INDEMNIFICATION
Franchisee agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and
volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all
attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising from, resulting from, or connected with this Franchise to the extent caused
in part or in whole by the negligent acts, errors or omissions of the Franchisee, its officers, partners,
shareholders, agents, employees, or by the Franchisee's breach of this Franchise. In the event any claim,
demand, suit or action is commenced against the City which gives rise to Franchisee's obligation pursuant to
this Section 21, the City shall promptly notify Franchisee thereof, and Franchisee shall have the right, at its
election and sole cost and expense, to defend, settle or compromise such suit or action by attorneys selected by
Franchisee with the prior consent of the City; provided that the City may withhold such consent only on the
grounds that the attorneys selected by Franchisee are precluded by rules of professional responsibility or
applicable law from undertaking such representation. 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 interests of the City or the public. In the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Franchisee and the City, or their respective officers, employees and agents, the
Franchisee's indemnification obligations hereunder shall apply only to the extent of the proportional fault of
Franchisee, its officers, employees and agents pursuant to RCW 4.24.115.
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.
ORD # O6 -51 PAGE 15
(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 combined single limits of liability not less
than $5,000,000 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 combined single limits of liability not less than
$5,000,000 for bodily injury, including personal injury or death and property damage.
22.2 Mandatory Insurance Provisions. The comprehensive 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 with respect to activities performed by or on behalf of Franchisee;
(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;
(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.
22.3 Verification of Coverage. Franchisee shall fumish 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.
ORD It 06 -S11 PAGE 16
22.4 Self - Insurance. In satisfying the insurance requirements set forth in this Section, Franchisee
against such are consistent with ood utili practices. Franchisee shall
may self-insure nsks in such amounts as a
Y 1? good utility 1
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 23. DISPUTE RESOLUTION.
23.1 In the event of a dispute between City and Franchisee arising by reason of this Franchise, or
any obligation hereunder, the dispute shall first be referred to the operational officers or representatives
designated by City and Franchisee to have oversight over the administration of this Franchise. Said officers or
representatives shall meet within thirty (30) calendar days of either party's request for a meeting, whichever
request is first, and the parties shall make a good faith effort to attempt to achieve a resolution of the dispute.
23.2 In the event that the parties are unable to resolve the dispute under the procedure set forth in
Section 23.1, then the parties hereby agree that the matter shall be referred to mediation. The parties shall
mutually agree upon a mediator to assist them in resolving their differences. Each party shall bear its own
expenses related to the mediation and the parties shall share the cost of the mediator equally.
23.3 If either party is dissatisfied with the outcome of the mediation, that party may then pursue any
available judicial remedies, provided, that if the party seeking judicial redress does not substantially prevail in
the judicial action, it shall pay the other party's reasonable legal fees and costs incurred in the judicial action.
SECTION 24. REMOVAL OF FACILITIES
Upon the expiration, termination, or revocation of the rights granted under this Franchise, the
Franchisee shall remove all of its Facilities from the Franchise Area within 90 days of receiving notice from the
ORD # 06- 5(.PAGE 17
Public Works Director to do so. Provided, however, that the City may permit the Facilities to be abandoned in
place in such a manner as the City may prescribe. Upon permanent abandonment, the Facilities shall become
the property of the City.
SECTION 25. GENERAL PROVISIONS
25.1 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.
25.2 Modification. No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the Parties.
25.3 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 shall
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 contest, to mortgage its rights, benefits and privileges in and under this Franchise to the
Trustee for its bondholders.
25.4 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 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 he 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.
25.5 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
ORD # 06- co.PAGE 18
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.
25.6 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.
25.7 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.
25.8 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:
Tacoma Power
Attn: Power Superintendent
3628 South 35`h Street
P.O. Box 11007
Tacoma, WA 9841 1 -0007
City of Federal Way
Attn: City Attorney
33325 — 8`h Avenue S.
P.O. Box 9718
Federal Way, WA 98063
Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States
mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be
deemed received three (3) days after the date of mailing.
25.9 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.
25.10 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.
ORD # 06 -5q, PAGE l 9
SECTION 26. SEVERABILITY
If any section, sentence, clause, or phrase of this Ordinance 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 Ordinance.
SECTION 27. RATIFICATION
Any act consistent with the authority and prior to the effective date of this Ordinance is hereby ratified
and affirmed.
SECTION 28. EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage, approval and
publication, according to law.
PASSED by the City Council of the City of Federal Way this 215 day of _____ 2006.
CITY OF FEDERAL WAY
AT
CITY QLERK, LAURA HATHAWA
APPI.9VED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: 02
EFFECTIVE DATE:
ORD # 06-50 PAGE 20
K:10RDRJ\Tac)ma PC,wer Franchise Final
• St 7
HONORABLE MAYOR AND CITY COUNCIL
CITY OF FEDERAL WAY, WASHINGTON
In the matter of the application of the City )
of Tacoma Department of Public Utilities, )
Light Division, a Municipal Corporation, ) ACCEPTANCE OF FRANCHISE
for a franchise to construct, operate and )
maintain electrical facilities in, upon, )
under, along, across and through certain )
franchise areas of the City of Federal Way)
Washington )
WHEREAS the City Council of the City of Federal Way, Washington has
granted a franchise to the City of Tacoma Department of Public Utilities, Light
Division, a Municipal Corporation, its successors and assigns, by enacting City of
Federal Way Ordinance No. 06 -517, adopted on the 21st day of February, 2006;
WHEREAS copies of said Ordinance received from the City of Federal Way
granting said franchise were approved by the Public Utility Board for the City of
Tacoma Department of Public Utilities on February 22, 2006;
NOW, THEREFORE, the City of Tacoma Department of Public Utilities,
Light Division, a Municipal Corporation, for itself, its successors and assigns,
hereby accepts said Ordinance granting a franchise, and all the terms and
conditions thereof, and files this, its written acceptance, with the City of Federal
Way, King County, Washington.
IN TESTIMONY WHEREOF said Franchise Grantee, City of Tacoma
Department of Public Utilities, Light Division has caused this written Acceptance to
be executed in its name by its undersigned Power Superintendent thereunto duly
authorized on this 7- day of March, 2006.
Attest:
Clerk
ublic Utility Board
Copy received for
Feder a
By:
f
City Clerk
CITY OF TACOMA, DEPARTMENT OF
PUBLIC UTILITIES, LIGHT DIVISION
By:
4gIffI
Stev- J. Klein
Su •ntendent
•
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 7 tNday of MR 4 , 2006.
TACOMA PUBLIC UTILITIES
By:
Its:
APPROVED AS TO FORM:
Assistant City Attorney
ORD # 06511 PAGE 21
EXHIBIT A
Location of Facilities within Franchise Area
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City of Federal Way
Tacoma Power
Service in
Federal Way -
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Exhibit A
Legend
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King County Boundary
City of Federal Way
City of Tacoma
Unincorporated Area
Parcels
0
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This map is accompanied by NO
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City of Federal Way
Tacoma Power
Service in
Federal Way -
Southern
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Exhibit A
(continued)
Legend
C-1 Tacoma Power Service Area
King County Boundary
L _ _1 City of Federal Way
0
City of Tacoma
Unincorporated Area
0.1
0.2
Miles
GITV OF
Federal Way
This map is accompanied by NO
warranties, and is simply a graphic
representation.
COUNCIL MEETING DATE: March 1, 2016
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: NEW CINGULAR WIRELESS FRANCHISE ORDINANCE
POLICY QUESTION: Should Council pass the proposed ordinance granting New Cingular Wireless a Franchise
to operate and maintain wireless communications fixtures in a portion of the rights -of -way within the City of
Federal Way?
COMMITTEE: FEDRAC MEETING DATE: February 23, 2016
CATEGORY:
❑ Consent
❑ City Council Business
® Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: Amy Jo Pearsall, City Attorney
DEPT: Law
This Franchise Ordinance was approved and enacted by Council on September 15, 2015. Cingular failed to
submit the signed acceptance within 60 days as required by the terms of the Franchise. The attached Franchise
contains the same terms as previously presented and incorporates this history and an increased administrative fee.
Attachments: 1. New Cingular Wireless Franchise Ordinance.
2. Agenda Bill and staff report presented to council on August 25, 2015.
Options Considered: 1. Approve the Ordinance and forward to Council for first reading at the March 1,
2016 meeting.
2. Modify the Ordinance and forward to Council for first reading at the March 1, 2016
meeting.
3. Reject the Ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Option #1
MAYOR APPROVAL:
CHIEF OF STAFF:
Counc
Initial I':te
DIRECTOR APPROVAL:
Initial/Date
COMMITTEE RECOMMEND ,( ION: I move to forward the proposed ordinance to First Reading on March 1,
2016.
C;211,,L- '
Committee Chair
Committee ember
AA-473 bit"—
Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (MARCH 1): "I move to forward approval of the ordinance to the March 15,
2016 Council Meeting for second reading and enactment."
2ND READING OF ORDINANCE (MARCH 15): "I move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ k TABLED/DEFERRED/NO ACTION
MOVED TO SECOND READING (ordinances only)
REVISED — 1/2015
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
105
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of Federal Way,
Washington, granting New Cingular Wireless PCS, LLC, a Delaware
limited liability company, a nonexclusive franchise to occupy rights -of-
way of the City of Federal Way, Washington, within the specified
franchise area for the purposes of installation, operation, maintenance
and repair of its wireless communications fixtures and related
equipment, cables, accessories and improvements in a portion of the
rights -of -way within and through the City of Federal Way. (Repealing
Ordinance No. 15 -800)
WHEREAS, New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company,
( "Franchisee ") has requested a franchise from the City of Federal Way, in order to place wireless
transmitting facilities and related appurtenances in the City owned or controlled rights -of -way; and
WHEREAS, the City Council approved the requested Franchise through Ordinance No. 15-
800 at the September 15, 2015 City Council meeting; and
WHEREAS, Franchisee did not return the signed acceptance within 60 days of the effective
date of Ordinance No. 15 -800, as required by Section 2 of the Franchise Agreement, and the City
Council's approval of the Ordinance expired; and
WHEREAS, Franchisee has requested that the City approve a new franchise; 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 Franchisee; 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, conduits, wires,
and appurtenances for transmission of signals and other methods of communications; and
Ordinance No. 16-
Page 1 of 39
Rev 1/15
WHEREAS, in granting such a nonexclusive franchise agreement, 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:
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 as follows: (i) wireless communications facilities, including, but not limited to, electronic
equipment, radio transmitting and receiving apparatus, and supporting equipment to be located on a
pole on a certain public right of way, base station transmitting cabinets, radio frequency antennas and
locating antennas, (ii) underground fiber optic telecommunication lines or similar lines, and (iii) any
appurtenances necessary to connect the lines or similar lines to the existing switched telephone
network all as shown on Exhibit A.
1.5 "FWRC" means the Federal Way Revised Code.
1.6 "Franchise Area" means only that portion of the City owned or controlled rights -of-
way located in the City of Federal Way and shown in Exhibit A attached hereto (excluding privately
owned property), and/or any other areas approved by the Federal Way City Council and incorporated
into this Ordinance via amendment.
Ordinance No. 16-
Page 2 of 39
Rev 1/15
1.7 "Franchisee" means New Cingular Wireless PCS, LLC, a Delaware limited liability
company, and its respective successors and assigns if consented to by the City of Federal Way as
provided in Section 27.3 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, upgrading, and
repairing Facilities within the Franchise Area ( "Franchise "). 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 lease, rent, or otherwise allow use of conduits, space or capacity provided
by the Facilities for or to cable and other third -party cable or telecommunications providers, 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 ninety (90) 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. Additionally, this Franchise does not convey any right to Franchisee to install its Facilities
on, under, over, across private property or any other governmental authorities' property or on any
Ordinance No. 16-
Page 3 of 39
Rev 1/15
other person or entity's poles or apparatus, and Franchisee is responsible for obtaining any
authorizations, agreements or consents from private property owners, and other governmental
authorities and any other persons or entities.
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. Notwithstanding the
foregoing, Franchisee may terminate this Franchise, and remove its facilities, at any time upon at
least 90 -days' written notice to the City.
Section 5. Location of Facilities
5.1 Location. In addition to the other requirements of this Franchise, Franchisee shall
submit to the City an "as- built" plan for each Facility, including any underground portion(s) of the
Facility and appurtenances, their depths below surface of ground or grade of a right -of -way, and any
related existing equipment (such as cellular or personal communication service antennae) to which
the Facility is connected, within thirty (30) days of the installation of the each Facility. Any fiber line
or conduit permitted by this Franchise which runs from a pole in the right -of -way to an equipment
shed or building on private property shall be installed underground. Upon written request of the City,
Franchisee shall update such "as- built" plan to reflect actual or anticipated improvements to any of
the Franchisee's Facilities. 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 GIS Data. At such time as Franchisee develops or employs Geographic Information
System ( "GIS ") technology, Franchisee shall submit the information required in Subsection 5.1
Ordinance No. 16-
Page 4 of 39
Rev 1/15
above in digital GIS format, showing the location of its Facilities within the Franchise Area.
5.3 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 of
Federal Way's reasonable request, provide the location of Franchisee's 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.
5.4 Utilities. Nothing herein is intended to 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.
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, rules, and publicly available policies of general applicability as
now existing or as hereafter amended; and (3) as required by the Director in accordance with the
foregoing or given public health, safety and welfare. 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 publicly available
polices, and rules prior to commencing any work within the Franchise Area. Franchisee permit
Ordinance No. 16-
Page 5 of 39
Rev 1/15
applications shall show the position and location of the proposed facilities to be constructed, laid,
installed, or erected at that 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 otherwise reasonable required by the
Director. The Franchisee shall specify the class and type of materials to be used, equipment to be
used, and method 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 reasonably 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, which shall not be unreasonably withheld, 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 reasonably practicable following cessation of the emergency.
Ordinance No. 16-
Page 6 of 39
Rev 1/15
Section 8. 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 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 in accordance with FWRC regulations or Department of
Public Works internal policies.
Within forty -five (45) 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 or surveyor licensed by the State of Washington, showing the "as- built" location of the
Facilities.
Section 9. Survey Markers and Monuments
Franchisee shall, at its sole cost and expense, and using a licensed surveyor, timely replace or
repair all markers or monuments displaced or damaged as a result of any work by Franchisee within
the Franchise Area.
Ordinance No. 16-
Page 7 of 39
Rev 1/15
Section 10. Surface Markings /Stakes
Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee
shall, using a licensed surveyor, 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 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 Franchisee shall be responsible
for the cost of repairing or replacing monuments or other markers lost, destroyed, or disturbed, as a
result of any work by Franchisee within the Franchise Area. A complete set of reference notes for
monuments, markers 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, publicly available policies, or standards or with any of the terms of
this Franchise, and such noncompliance continues for a period of thirty (30) 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
attorney's fees, within sixty (60) days. However, the City shall not have any electrical work
accomplished by any person or entity other than Franchisee or a qualified and licensed electrical
Ordinance No. 16-
Page 8 of 39
Rev 1/15
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 consistent with the
terms and conditions of this Franchise. The rights reserved herein 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 and 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.
Franchisee shall operate the Facilities in a manner that will not cause interference to the City,
and other lessees, franchisees, or licensees of the Franchise Area whose use predates this Franchise.
In addition, with respect to lessees, franchisees or licensees whose operations commence after
installation of the Facilities hereunder, Franchisee shall not make any change in in its operations that
causes or is intended to cause material interference with such lessees, franchisees or licensees. All
operations by Franchisee shall be in compliance with all Federal Communications Commission
( "FCC ") regulations.
Pursuant to FWRC Section 19.255.060 as it now exists or is hereafter amended, the City may
issue permits for and enter into franchises and leases that allow location or collocation of other
telecommunications facilities in the Franchise Area, and Franchisee consents to same, provided
however, that the location or collocation must occur in compliance with said FWRC Section
Ordinance No. 16-
Page 9 of 39
Rev 1/15
19.255.060 as it now exists or is hereafter amended.
In the event that any such location or collocation results in the interference with Franchisee's
operations, and provided that Franchisee has substantially complied with the provisions of this
Franchise, the City agrees to take reasonable steps to cause the interfering party to eliminate such
interference, including, but not limited to, revoking the interfering parry's permit(s) or approval(s). In
case of interference between two or more wireless carriers, the City shall give priority to the wireless
carrier who was first in time at the particular location where the interference is being experienced. In
the event that the interference is not eliminated within thirty (30) days of notice to City by
Franchisee, Franchisee may terminate this Franchise immediately and pursue any and all remedies
available to it against the interfering party.
12.2 City's Duties. The City may require Franchisee to relocate one or more of its
Facilities in the Franchise Area when reasonably necessary for construction, alteration, repair or
improvement of the right -of -way for purposes of public welfare, health or safety, (hereinafter
collectively referred to as "Improvement Project "). In the even the City requires Franchisee to
relocate one or more of its Facilities, the City shall:
(a) Within a reasonable time, which shall be no less that one hundred eighty (180)
days, prior to the commencement of the improvement project, provide the Franchisee with written
notice requiring it to relocate its Facility.
(b) In the event of an emergency posing a threat to public safety, health or
welfare, or in the event of an emergency beyond the control of the City, the City shall give the
Franchisee written notice to relocate as soon as practicable. The Franchisee shall relocate its
Facilities within a reasonable time period specified by the Public Works Director, unless a court
established a later date for completion, after a showing of the Franchisee that the relocation cannot
Ordinance No. 16-
Page 10 of 39
Rev 1/15
be completed by the date specified using best efforts and meeting safety and service requirements.
(c) Provide the Franchisee with copies of the plans and related information for the
improvement project necessitating the relocation and shall identify reasonable alternative locations in
the right -of -way for the Franchisee's Facilities. The City shall make a reasonable effort to process
any permits required for a replacement Facility in a timely fashion to enable the Franchisee to
construct a replacement Facility before the Franchisee is required to remove the original Facility.
12.3 Franchisee's Duties.
After receiving notice under Subsection 12.2(a) requiring relocation, and receipt of the plans
and specifications pursuant to Subsection 12.2(c), Franchisee shall complete relocation of its
Facilities so as to accommodate the improvement project at least ten (10) days prior to
commencement of the improvement project, unless the City or a court establishes a later date for
completion, after a showing of the Franchisee that the relocation cannot be completed by the date
specified using best efforts and meeting safety and service requirements. The Franchisee may, after
receipt of written notice requesting a relocation of its Facilities, submit to the City written
alternatives to such relocation. The City shall evaluate such alternatives and advise the Franchisee in
writing if one or more of the alternatives are suitable to accommodate the work which would
otherwise necessitate relocation of the Facilities. The City shall give each alternative proposed by the
Franchisee full and fair consideration, within a reasonable time, so as to allow for the relocation
work to be performed in a timely manner. In the event the City ultimately determines, after due
consideration, that there is no other reasonable alternative, the Franchisee shall relocate its Facilities
as otherwise provided in this Section.
Unless otherwise provided in RCW 35.99.060, the Franchisee shall complete relocation of its
Facilities at its sole cost and expense and at no charge, cost, or expense to the City.
Ordinance No. 16-
Page 11 of 39
Rev 1/15
The provisions of this Section shall in no manner preclude or restrict the Franchisee from
making any arrangements it may deem appropriate when responding to a request for relocation of its
Facilities by any person or entity other than the City, where the Facilities to be constructed by said
person or entity are not or will not become City - owned, operated or maintained Facilities; provided
that such arrangements do not unreasonably delay a City improvement project.
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 in the 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, promptly notify the City. The City will inspect the damage and
coordinate with the Franchisee to establish a schedule for repairing the damage. If the City discovers
damage caused by the Franchisee to rights -of -way, or to public and private improvements in the
rights -of -way, the City shall give the Franchisee notice of the damage and coordinate with the
Franchisee to establish a schedule for repairing 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 11 of this Agreement.
Section 14. Default
14.1 Notice of Default. In addition to other remedies set forth herein, if Franchisee fails 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 thirty (30) days from the receipt of
such notice in which to comply.
14.2 Revocation of Franchise. If Franchisee has not cured the default within thirty (30)
days of receiving notice from the City of such default, or if such default is not curable within thirty
Ordinance No. 16-
Page 12 of 39
Rev 1/15
(30) days, if the Franchisee fails to commence such cure within thirty (30) days or fails thereafter
diligently to pursue such cure to completion, the City may, by resolution, declare the franchise
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 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 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 sixty (60) days before vacating all or any portion of the
Franchise Area. The City may, after thirty sixty (60) 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, publicly available standards 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
Ordinance No. 16-
Page 13 of 39
Rev 1/15
City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in
conflict, the term or condition of this Franchise will control.
18.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City may
develop generally applicable 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, provided they do not conflict with state law.
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 Two Thousand and No /100 Dollars ($2,000.00)
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
Ordinance No. 16-
Page 14 of 39
Rev 1/15
omissions of the Franchisee, its officers, partners, shareholders, managers, members, agents,
employees, or by the Franchisee's breach of any provisions of this Franchise; however, this section
shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against
claims or damages arising from the negligence of the City, its agents, employees, independent
contractors, officers, or volunteers. 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, 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 licensed to do business in the state of Washington as
are satisfactory to the City.
(a) Workers' compensation insurance in amounts sufficient pursuant to the laws
of the State of Washington;
(b) Commercial general liability insurance with combined single limits of liability
not less than $5,000,000 for bodily injury, including personal injury or death, products liability,
Ordinance No. 16-
Page 15 of 39
Rev 1/15
contractual coverage, operations, explosion, collapse, underground and property damage;
(c) Automobile liability insurance with combined single limits of liability not less
than $5,000,000 for bodily injury, including personal injury or death and property damage; and
(d) Employers liability insurance in an amount not less that $1,000,000.
22.2 Mandatory Insurance Provisions. The comprehensive 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;
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.
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
Ordinance No. 16-
Page 16 of 39
Rev 1/15
of this franchise. Procedures for submission and release of the bond shall be as provided in Chapter
19.25 FWRC or as otherwise provided in the FWRC. 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 or termination of the Franchise, provided the City has not notified
Franchisee of any actual or potential damages incurred as a result of Franchisee's operations pursuant
to the Franchise or as a result of default thereunder.
Section 24. Removal of Facilities
Upon the expiration, termination or revocation of the rights granted under this Franchise, the
Franchisee shall remove all of its Facilities form the Franchise Area within 90 days of receiving
notice from the Public Works Director to do so. Provided, however, that the City may permit the
Facilities to be abandoned in place in such a manner as the City may prescribe. Upon permanent
abandonment, the Facilities shall become property of the City.
Section 25. Confidentiality
Subject to the limits of Washington law, the City agrees to treat as confidential any records
that constitute proprietary or confidential information under federal or state law, to the extent
Franchisee makes the City aware of such confidentiality. Franchisee is responsible for clearly and
conspicuously identifying the work confidential and proprietary. Franchisee will provide a brief
written explanation as to why such information is confidential and how it may be treated as such
under state or federal law. If the City receives a demand from any person for disclosure of any
information designated by Franchisee as confidential, the City, consistent with applicable law, will
advise Franchisee and provide Franchisee with a copy of any written request by the party demanding
Ordinance No. 16-
Page 17 of 39
Rev 1/15
access to such information. If Franchisee believes that the disclosure of such documents by the City
would interfere with Franchisee's rights under federal or state law, Franchisee will take appropriate
legal action to prevent the disclosure by the City of such documents. Franchisee will join the person
requesting the documents to such an action. Franchisee will defend, indemnify and hold the City
harmless from any claim or judgment including any penalties or costs under Chapter 42.56 RCW.
Section 26. Land Use Approvals/Regulations:
The parties acknowledge that this Agreement sets forth the terms and conditions under with
the Franchisee may use and occupy the public right -of -way within the City. Nothing in this
Agreement is intended to or does modify or affect the terms and conditions of any existing or
subsequently issued land use or construction permits or approvals (e.g., conditions use permit,
variance, building permit, grading permit, electrical permit, etc.). All such land use and/or
construction permits or approvals shall be governed by the applicable City ordinances, rules and
regulations in effect at the time Franchisee submits a complete application for such permits and other
approvals.
Section 27. General Provisions
27.1 Entire Agreement. This Franchise contains all of the agreements of the City and
Franchisee 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.
27.2 Modification. No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the City and Franchisee.
27.3 Assignment. In addition to the requirements of Subsection 2.1, Franchisee shall not
have the right to transfer or assign, in whole or in part, this Franchise without the prior written
consent of the City, which will not be unreasonably withheld, conditioned or delayed.
Ordinance No. 16-
Page 18 of 39
Rev 1/15
Notwithstanding the foregoing, Franchisee shall have the right, without such notice or such written
contest, to assign the Franchise, in whole or part, to any parent, subsidiary, or affiliated corporation,
or to an entity with or into which the Franchisee may merge or consolidate, or to any entity resulting
from the reorganization of the Franchisee or parent company, or to any purchaser of all or
substantially all of the assets of the Franchisee, or as part of any corporate financing, reorganization,
or refinancing, or to mortgage its rights, benefits and privileges in and under this Franchise to the
Trustee for its bondholders. Any transferee or assignee shall, within thirty (30) days of the date of
any approved transfer or assignment, file written notice of the transfer or assignment with the City
together with its written acceptance of all terms and conditions of this Franchise.
27.4 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, 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.
27.5 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.
27.6 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.
27.7 Authority. Each individual or entity executing this Franchise on behalf of the City and
Ordinance No. 16-
Page 19 of 39
Rev 1/15
Franchisee represents and warrants that such individual or entity is duly authorized to execute and
deliver this Franchise on behalf of the Franchisee or the City, respectively.
27.8 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:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
575 Morosgo Drive NE
Atlanta, GA 30324
With Copy to:
New Cingular Wireless PCS, LLC
Attn: Legal Department
208 S. Akard St.
Dallas, TX 75202 -4206
City of Federal Way:
City of Federal Way
Attn: City Attorney
33325 8th Avenue South
Federal Way, WA 98003
If any notice is specific to certain Franchisee Facilities, and not generally for all of the
Facilities and Franchise Area, the notice should reference the specific Site Name(s) and Number(s)
applicable, as shown on the respective site plan attached at Exhibit A, in the notice.
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.
27.9 Captions. The respective captions of the sections and subsections 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.
27.10 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
Ordinance No. 16-
Page 20 of 39
Rev 1/15
at law, in equity or by statute.
Section 28. Severability
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 29. Ratification
Any act consistent with the authority and prior to the effective date of this Franchise is hereby
ratified and affirmed.
Section 30. Effective Date
This Franchise shall take effect and be in full force thirty (30) days from the time of final
passage, as provided by law, provided it has been duly accepted by Franchisee as herein provided
above (see Effective Date below).
PASSED by the City Council of the City of Federal Way this day of
, 2015.
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
Ordinance No. 16-
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
Page 21 of 39
Rev 1/15
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 22 of 39
Rev 1/15
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.
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware Limited Liability Company
By: AT &T Mobility Corporation
Its: Manager
By:
Its:
Ordinance No. 16-
Page 23 of 39
Rev 1/15
EXHIBIT A
LOCATION OF FACILITIES WITHIN THE FRANCHISE AREA
See Corresponding Pages
SS40 / Aquatic Center / 650 SW Campus Drive
SS63 / Adelaide / 1216 SW Dash Point Rd
SS65 / Dumas Bay / 47th Ave SW and Dash Point Rd
SS66 / Federal Way Decatur / 31031 21st Place SW
WA677 / Steel Lake / 29859 16th Ave S
SS64 / Lakota / SW Dash Point RD and 30th Ave SW
Ordinance No. 16-
pages 24 -25
pages 26 -27
pages 28 -29
pages 30 -31
pages 32 -33
pages 34 -35
Page 24 of 39
Rev 1/15
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Page 25 of 39
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Page 26 of 39
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Ordinance No. 16-
Page 34 of 39
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'Se 35 of.3.9
Rev vis
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 its final acceptance thereof by the City, 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.
The Surety hereby agrees that modifications and changes may be made in the terms and provisions of
the Agreement without notice to Surety, and any such modifications or changes increasing the total
amount to be paid the Principal shall automatically increase the obligation of the Surety on this
Performance Bond in a like amount, such increase, however, not to exceed twenty -five percent
(25 %) of the original amount of this bond without the consent of the Surety.
Ordinance No. 16-
Page 37 of 39
Rev 1/15
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
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]
Ordinance No. 16-
By:
Its
(Name of Person Executing Bond)
(Title)
(Address)
(Phone)
Page 38 of 39
Rev 1/15
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.
CORPORATE SEAL OF SURETY:
APPROVED AS TO FORM:
Amy Jo Pearsall, City Attorney
G:\ LawForms \PerformanceMaintenanceB and
Rev. 01/15
Ordinance No. 16-
Secretary or Assistant Secretary
By:
Surety
Attorney -in -Fact
(Attach Power of Attorney)
(Name of Person Executing Bond)
(Address)
(Phone)
Page 39 of 39
Rev 1/15
COUNCIL MEETING DATE: September 1, 2015
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: New Cingular Wireless Franchise Ordinance
POLICY QUESTION: Should the City grant New Cingular Wireless PCS, LLC. a Franchise Ordinance to place
wireless transmitting facilities and related appurtenances within and through the City of Federal Way?
COMMITTEE: Finance, Economic Development and Regional Affairs Committee MEETING DATE: August 25, 2015
CATEGORY:
❑ Consent
❑ City Council. Business
® Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: John Mulkey, P.E., Street Systems Manager-, it VI"
Attachments:
1. Finance, Economic Development and Regional Affairs Committee memorandum dated August 25, 2015.
2. New Cingular Wireless Franchise Ordinance
Options Considered:
1. Approve the Ordinance and forward to the September 1, 2015 City Council meeting for first reading.
2. Modify the Ordinance and forward to the September 1, 2015 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 September 1, 2015 City Council
Consent Agenda for appro 1.
MAYOR APPROVAL:
/ Co ee , ou it
CHIEF OF STAFF:
# . CTOR APPROVAL:
frJI IM kir& t/4 J ("2/044c
Committee Council
COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the September 2015
City Council consent agenda forappfeval. lj(c - re k
Dini Duc os, Chair Bob'Celski,
ember
4-
Martin A. Moore, Member
PROPOSED COUNCIL MOTION:
1ST READING OF ORDINANCE (09/01/2015): "1 move to forward the ordinance to a second reading for
enactment on the September 22, 2015 Council agenda."
2ND READING OF ORDINANCE (09W2015): "1 move approval of the New Cingular Wireless PCS, LLC.
Franchise ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
4Iree TABLED /DEFERRED /NO ACTION
MOVED TO SECOND READING (ordinances only)
REVISED — 08/12/20I0
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: August 25, 2015
TO: 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-5'4.01
l
SUBJECT: New Cingular Wireless PCS, LLC - Franchise Ordinance
BACKGROUND
New Cingular Wireless PCS, LLC has requested a franchise from the City of Federal Way, in
order to place wireless transmitting facilities and related appurtenances 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.
New Cingular Wireless PCS, LLC agrees 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.
New Cingular Wireless PCS, LLC will maintain insurance of $5 Million combined single limit
for commercial general liability and $5 Million for automobile insurance. The franchisee may
self - insure against such risks in such amounts consistent with good utility practices.
The proposed franchise requires New Cingular Wireless PCS, LLC 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