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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 z w w J 'S '3AV 1BIL 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. 5 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 6 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. 7 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. 8 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. 9 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. 10 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. 11 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. 12 (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. 13 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. 14 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. tY Y 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. 15 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. 16 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. 17 (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. 18 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. 19 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 0L O)CO �J �9 co 5o SW 340 ST 42 Sr NE 38 PL NE at ,61 m y a � CO 339 PL Q J (I) SW342ST "6) 342 a CT (c) SW 343 ST 339 SW SW 339 ST ST 339 �?l ST SW 340 ST SW340PL > > > u) SW 341 ST > Q 39 ST NE 38 ST CT NE 38 ST NE 33 CT NE NORPOINT WY NE w z Q N U) qL STONEGATE NE CO 32 ST NE 31 ST NE co Q SW 342 ST ST SW 340 At SW 341 CT 81/1/3a 47 SW 342 ST ° SW 342 P\- SW 343 O) M < CI) ST M SW 344 ST LOOP co 34 CT co J 0 w c,"Z L() 34 ST LP w z > w z -J 0 L) w z Lc) SW 343 PL 344 J 345 PL CL PL 345 CT co `N346 ST N SW 347 ST SW 347 PL Qv,%-\ cb co SW 89, 9A� w z SW 350 PL SW 346 ST J 0 0 N SW 33' SW 3 SW 342 SW S > SW 344 PL co SW 348 PL <> SW co N- 350 co> ST N < SW 351 ST 1- U SW 351 PL SW 349 SW 3 City of Federal Way Tacoma Power Service in Federal Way - Northern Portion Exhibit A Legend Tacoma Power Service Area King County Boundary City of Federal Way City of Tacoma Unincorporated Area Parcels 0 0.1 0.2 Miles Federal Way This map is accompanied by NO warranties, and is simply a graphic representation. SW 352 ST Jvv 1) 351ST SW 352 ST SW 352 SW 353 PL PL 28 ST NE 26 ST NE N S\N 354 S� '0 \ 352 -`"'S GI 3P� `?5,) SW 355 PL SW 356 ST w z Q 21 ST NE w w z z > > C co 25 ST NE 24 ST NE SW 358 CT '9L. s� Q co SW 350 N� w z cfl 20 ST NE 20 ST NE Q 19 ST NE w z Q co -r J 0 SW 35`Z4 U co L 0) SW 355 PL CO CO co < < < LC) M SW 360 ST (1) Q M SW 363 ST 0 w z 0 CE Dq�� 0 1— „cc\ �0 o t0000 o2 Z'�� 19 ST NE J 0 0 0) SW 353 PL SW 354 ST sw 355 CO SW > PL co SW ; g SW 3 SW 360 ST SW 367 Sr :L363C r co SW 364 > PL co SW 3E SW 3 City of Federal Way Tacoma Power Service in Federal Way - Southern Portion 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 9 5 8 ,411 5 on Nf `7 \ U� Snd�d' MS II AQUATIC CENTER; SS`10 I q asp SW CAMPUS OWE Sl FEDERAL WAY. NA 9E003• � \ 4(1 o j� s Ordinance No. 16- Page 25 of 39 Rev 1/15 AQUATIC CENTER SS90 650 SW CAMPUS DRIVE FEDERAL WAY, WA 96003 Ordinance No. 16- Page 26 of 39 Rev 1/15 Page 27 of 39 Rev 1115 Ordinance No. 16- 'Y Y Y i : „ s-/ li q 0 811 i 1 iiiail �, 1 ill iP of Po go • • i 2�E A 6d 1 • , , ,(// VS, ,,, f z : ., / 4,44p, 7/* s t• .4■A. r,. 0 *,/ v 1 1 it I 1 INVNanwawO')a WN3 j "1 F. a €'ter is � O % Y / , ',e /' # Ilk‘Ar ' ' 41,11r *N.* r pgp fr R/ 9 1 A ii . g. . I 3 I 9 .1 1 I Y�3 1 1 1 9 1 1 1 ii # i 1 tt gg IL ■ �� A ADELAIDE 1216 SOUTHWEST W91 POINT ROM FEDERAL VAY.'AA NON I 11 1 g i 3_ t� i: F, 2, Ordinance No. 16- Page 28 of 39 Rev 1/15 E9 94 1I a 1 DUMAS BAY SS65 47TH AVE SW NOD DASH POINT RD FEDERAL WAY, WA 040*3 Ordinance No. 16- Page 29 of 39 Rev 1/15 Ordinance No y 11 44 i v wmon me 4mxt_gkK >> // ,/,/ /i / G ; is J i� li • /' / — 11 f/ / • ;' I / / rD / /P % / /,. jaja pp a@agg ii - ;g Iqi ;01 ,s • Q; g p {lift R ' i6��1 IA,' hi �iTg! i 41i. till i r ' °i ; TIPP 109! IV lA 5. iii Lf, — 11 ill 1RtlI 5 q'1. !i3 q E R1 :1qi it �,� ■ ■�y tqtq � l F� }y °Q#I 1114 1 hii le J; {lig 1 i ! IIiT'1''TIiU 1i . 0L 9. °_ 0 qIi 33 �� p �`� a moA9 aQ qq . ItI E9 % bp 1y s s e c q q� j3 iri 0° 99e�� xx4 x�x�a���$����� II HU 11 p° € 1 BF3 � 4 +�s € pi �y 987, �� i yg i Hfl d €R I b a y , II I � IIIIE'�i�D _ y FEDERAL WAY DECATUR 31031 21ST PULE SW 11 M moo& my, 9W 96023 A "• 11 ;� ay �, ;y S 11110100:0U Ordinance No. 16- Page 31 of 39 Rev 1/15 9 2 A P 11110 T X i 5�� �� 11 411144 • 11014 • • 1 w 1o®®ocoo .:ium11119am� mcgtou Ordinance No. 16- FEDERAL WAY DECATUR I S566 310.11 21ST PLACE SW FEDEAIL MY. WA 9!023 Page 32 of 39 Rev 1/15 111 Ordinance No. 16- Olg 1 STEEL LAKE WA677 2Y859 161H AYE 5. FEOERAL WAY, WA 88003 Page 33 of 39 Rev 1/15 3 .z y( 1 IA ills gli PIP 11$1 m§i III Iiii i :1 i i 1 0 11 I 51 v 1 ;3 iay i S p6 I; igl r --, 1 211 = •, rIIII N - r -r IIN 1 . I MIN N I■ r j y .......... � kik- --•�• ANiL —z— —z —'fix. 11 11:1 VII M 1 • 1 I MI zit ig di — a— a— v— s— s—a— v— a— — 111 " sit 1' .— s— a— v— a— z+w= , q li a— a— il: I iII. - 1 ai,,. r— .— . —a. —x —s—a—z—•—a—s—z—•—a—r—r—z— F i Rm.. x110•0117 u. 4a 16TH AVE SOUTH F 113 STEEL LAKE R1 FEDERAL K WAY. WAV, WA 90DDJ OR Ordinance No. 16- Page 34 of 39 Rev 1/15 'Se 35 of.3.9 Rev vis EXHIBIT B CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned , ( "Principal ") and , the undersigned corporation organized and existing under the laws of the State of and legally doing business in the State of Washington as a surety ( "Surety "), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation, ( "City ") in the penal sum of Dollars and No/ 100 ($ ) 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