Loading...
Council PKT 04-19-2016 Regular (Amended) CITY OF ,'∎4%.• Federal Way CITY COUNCIL REGULAR MEETING AGENDA **AMENDED** Council Chambers - City Hall April 19, 2016 — 7:00 p.m. www.cityoffederalwa y.corn 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Swearing-In of New Police Officer Nicholas Lara b. Presentation to Historical Society—Original Flag from S 320th Street c. Federal Way Senior Center Update— Executive Director Shelley Puariea d. Mayor's Emerging Issues and Report • Update on Proposed Methanol Plat in Tacoma—Canceled! • Human Services/Encampment Initiative(Deputy Chief Steve Neal/Human Services Manager Jeff Watson) • SeaTac Airport Noise Update • Report on Neighborhood Connection Meeting • Recap of Police/Fire Basketball Game benefitting Lions Hellen Keller Foundation • Parks Appreciation Day—Saturday, April 23rd 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 may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: April 5, 2016 Regular and Special Meetings ...page 3 b. Marine Hills Stormwater Conveyance System Repair Phase 1 ...page 12 c. Sacajawea Middle School Safe Routes to Schools (SRTS)—85% Design Status Report and Authorization to Bid ...page 15 d. Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project —Joint Construction Agreement with Puget Sound Energy (PSE) ...page 17 The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible;and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. e. Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project —Letter of Understanding with Comcast ...page 24 f. Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project —Agreement for Joint Construction with Century Link ...page 33 g. Henderson Partners, LLC. Retainage Release ...page 55 h. MOU Between the City of Federal Way and St. Francis Hospital ...page 56 6. COUNCIL BUSINESS a. Town Square Park Play Equipment (Ages 2-5) ...page 63 b. Playground Safety Surface for Town Square Park Playground ...page 68 c. (ADDED ITEM) Proposed Settlement Agreement with the Glimbergs ...page 69 7. ORDINANCES Second Reading/Enactment a. Council Bill #706/2015-2016 Carry Forward Budget Adjustment ...page 70 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CARRYING FORWARD OF FUNDS AND REVISING THE 2015-2016 BIENNIAL BUDGET. 8. COUNCIL REPORTS 9. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible;and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. COUNCIL MEETING DATE: April 19, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5a SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the April 5, 2016 Regular and Special City Council Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent 1 1 City Council Business ❑ Ordinance ❑ Resolution Public Hearing Other STAFF REPORT BY: Stephanie Courtney, City Clerk Attachments: Draft minutes from the April 5, 2016 Regular and Special City Council Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. DEPT: Mayor's Office MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: CHIEF OF STAFF: N/A N/A CITY CLERK APPROVAL: Committee Council N/A N/A Committee Council COMMITTEE RECOMMENDATION: N/A N/A Committee Chair N/A N/A Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval of the minutes as presented." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 10/01/2014 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall April 5, 2016 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at 7:06 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 Betty Taylor led the flag salute. DEPUTY MAYOR BURBIDGE MOVED TO AMEND THE AGENDA TO ADD COUNCIL BUSINESS TO CONSIDER THE PROPOSED COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERAL WAY POLICE LIEUTENANT ASSOCIATION; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 3. PRESENTATIONS a. Legislative Report: Senator Mark Miloscia; Representative Linda Kochmar; and Representative Teri Hickel Senator Mark Miloscia, Representative Linda Kochmar, and Representative Teri Hickel briefly updated Council on their efforts this session including funding coming to Federal Way projects. b. Certificates of Recognition: Special Olympic Athletes — State Basketball Tournament Parks Department Special Olympics Coordinator Sharon Boyle was pleased to announce and introduce the teams who had amazing success at the Special Olympics State Basketball Tournament. She distributed Certificates signed by the Mayor and Councilmembers to the following teams: Federal Way City Council Regular Minutes Page 1 of 7 April 5, 2016 • City of Federal Way Thunder Unified Team — Gold Medal • City of Federal Way Thunder Bolts Team — Gold Medal • Federal Way Public Schools Stars Senior Team — Gold Medal • Federal Way Public Schools Decatur Unified Team — Gold Team • Federal Way Public Schools Stars Junior Unified Team — Silver Medal Additionally, Parks Director John Hutton presented longtime Special Olympics Coordinator Sharon Boyle with recognition for her 25 years of service to the program and the city. Ms. Boyle received a standing ovation from all in attendance. c. Proclamation: Sexual Assault Awareness Month — April (Mary Ellen Stone, KCSARC) Deputy Mayor Burbidge read and presented the Proclamation to Mary Ellen Stone from the King County Sexual Assault Resource Service Center (KCSARC), recognizing Sexual Assault Awareness Month in Federal Way. Ms. Stone accepted the Proclamation and thanked the Mayor and Council. She distributed buttons for the Council and spoke to their mission statement which is "KCSARC — Passionate about Supporting Survivors and Ending Sexual Violence ". Councilmember Honda recognized both Janet Chance and Diane Zorro of the FW Task Force who were also in the audience and thanked them and the Task Force for the important work they do to support victims in the community. d. Mayor's Emerging Issues and Report • Neighborhood Connection Meeting Mayor Ferrell noted the next Neighborhood Connection meeting will be held at Saghalie Middle School on Wednesday, April 13, 2016 at 6:30 p.m. He encouraged citizens to attend and hear information on projects in the city and give feedback to the Mayor and Management Staff. • Airport Noise Update Chief of Staff Wilson gave a brief update on the SeaTac Noise issue. He reported he recently attended the Highline Forum on March 23rd at SeaTac Airport and met with FAA Officials on March 31, 2016 regarding options to address citizen concerns. The Highline Forum gave an update on the SeaTac Sustainable Airport Master Plan and discussed SeaTac as the fastest growing airport in the United States. The meeting with the FAA acknowledged different procedures for the North and South and also addressed additional issues including prioritization of changes and changes to current operations will require a lengthy study (3 -5 years). Chief of Staff reported the city will continue to advocate for the Federal Way citizens through continuing discussions with both the FAA and the SeaTac Airport. He also noted Mayor Ferrell has directed the formation of a Task Force be formed with expertise in airport and FAA regulations to make recommendations. • Sound Cities Association (SCA) Board Meeting Mayor Ferrell reported on his attendance at the last Sound Cities Association Meeting in Snoqualmie. He was pleased to note the group was hosted by Mayor Matt Larson and toured the Snoqualmie Vault from 300 years ago. He also noted the Board is set to come to Federal Way in late April. Federal Way City Council Regular Minutes Page 2 of 7 April 5, 2016 • Police vs. Fire Basketball Game Mayor Ferrell highlighted a picture on the screen of last year's game and noted the Lions Annual Hellen Keller Police vs. Fire Basketball Game will be held at the Federal Way Community Center on April 9th at 11:30 a.m.; he encouraged everyone to attend this family friendly event for a great cause. 4. CITIZEN COMMENT Betty Taylor thanked the Mayor for the work on the street Tight issue she brought up at a previous Council meeting. She also thanked staff for the presentation and for the quick response. She would like to look at other funding sources for specific neighborhoods. Michael Kun, stated after he read the report from the FAA he feels they are burying them in details and red tape. He spoke regarding the noise issues with the FAA and asks them to keep working and not giving up. He volunteers to assist in any capacity he is needed. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: March 15, 2016 Regular and Special Meetings b. Monthly Financial Report — January and February 2016 c. Vouchers — January 2016 d. Vouchers — February 2016 e. Contract with Washington State Department of Commerce for Day Center DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 6. COUNCIL BUSINESS (ADDED ITEM) a. Proposed Collective Bargaining Agreement with the Federal Way Police Lieutenant Association City Attorney Amy Jo Pearsall noted this agreement was just recently ratified by the Lieutenant Association and is subject to Council approval. She gave a brief background and reviewed the key highlights of the agreement which include: • Alignment of healthcare plan with city employees • Lieutenants eligible to accrue 220 vacation hours annually for twenty -six years of service consistent with Guild • Update bereavement leave consistent with other city employees • Operational updates in areas of on -call and extra duty assignments, supervision, and shift bidding Federal Way City Council Regular Minutes Page 3 of 7 April 5, 2016 • Creation of Take Home Cars Pilot Program Ms. Pearsall went into further detail regarding the Take Home Cars Program noting this is a pilot program and no new vehicles will be purchased. Costs will not exceed $25,000 in the initial year or $15,000 in subsequent years, with a mileage limit of 25 miles from City Hall. The Department retains the right to assign cars based on operational need. Ms. Pearsall restated this is a pilot program and the city can discontinue the program if not sustainable. Councilmembers thanked City Attorney Pearsall for the presentation and asked various questions regarding "extra duty pay "; healthcare options; the 25 mile radius restriction; and appendix "A" which addresses the "Me Too" clause in relation to the Police Guild Salary negotiations. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE 2015 -2018 COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERAL WAY POLICE LIEUTENANT ASSOCIATION AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT; 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 7. ORDINANCES First Reading a. Council Bill #706/2015 -2016 Carry Forward Budget Adjustment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CARRYING FORWARD OF FUNDS AND REVISING THE 2015 -2016 BIENNIAL BUDGET. Finance Director Ade Ariwoola gave an update on the 2015 -2016 Carry Forward Budget Adjustment and also presented a Performing Arts and Event Center (PAEC) Quarterly Report. He reported the purpose of the Budget Adjustment is to reallocate unspent items from 2015 into the 2016 budget; to recognize excess of revenue over budget from 2015 in 2016 budget; and to address new items in revenue and expenditures. Mr. Ariwoola referenced the changes in General Fund for the fund balance; revenue and expenditures. Some of the items funded in the budget adjustment include: • Salary Increases for Mayor and Councilmember (per the Salary Commission Recommendation); • Branding Initiative; • Public Health and the Homeless Center; • Street Fund; • PAEC Start-Up Cost: • Municipal Court Probation Program and system upgrade; • Police Department Overtime; • Parks Maintenance Worker and Park Supplies and Utilities; • IT Temporary Position; Comcast Franchise; Police Radio and New Equipment These expenditures total $1,094,983 and in conclusion he noted this budget adjustment conforms with the fund balance policy. Federal Way City Council Regular Minutes Page 4 of 7 April5, 2016 Councilmembers thanked Mr. Ariwoola for his presentations. Councilmember asked various questions regarding the budget adjustment; including clarification on probation revenue and expenses in the Municipal Court; Police billable and JAG grants, and costs of the facilitator for Council retreat. Additional questions regarding parks staffing for the new park and start-up costs of the Performing Arts and Event Center. Councilmembers also asked for clarification regarding the calculation of salary increase amount based on the Independent Salary Commission action to increase Mayor and Councilmembers salaries by 3 %. Finance Director Ariwoola also provided a brief quarterly financial update on the PAEC financing which covers the entire project life and covers receipts and spending since 2009. He reviewed the revenue and expenditure summary for the project. The status of the revenue includes the Hotel Site ($1.5m); 4Culture Grant ($2.0m); State Capital Grant (accessible after the Section 108 loan is approved); the CDBG Section 108 Loan (currently in process); and the ongoing Naming Rights Campaign. He also noted the status of expenditures which include the Garco contract with an award total of $24,158,168 with a 20 month project timeline (currently 5 months into). Councilmembers asked the status of the naming rights campaign which will be following closely after the Hotelier is named. Deputy Mayor Burbidge noted the Federal Way Coalition of the Performing Arts have raised a total of $847,694.00 with additional pledges outstanding. COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE APRIL 19TH COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER ASSEFA - DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 8. COUNCIL REPORTS Councilmember Assefa- Dawson reported she attended the Legislative Town Hall Meeting at City Hall; and was honored to be a speaker at the "We Step Up" 5k Color Run. She attended Brigadoon Elementary where she read to a classroom and discussed the lack of education for girls in other countries. She attended a Sound Cities Association meeting where the Best Starts Initiative was discussed and early intervention for youth and family homelessness. A meeting will be held regarding this program at City Hall on May 16th at 6:30 p.m. She encouraged anyone interested in becoming a volunteer basketball coach; Park 16 and Kits Corner communities are looking to pull together a program for the youth residents. Councilmember Maloney reported she was contacted by a group of concerned citizens regarding the recent increase in serious crime. She is pleased to be working collaboratively and being proactive and appreciates the citizens initiative to work together to remove the criminal element. She is pleased to see the first phase of the rebranding campaign finished with Rusty George Creative and looks forward to the next steps in the process. She also attended the "We Step Up" Color Run and commended the amazing students for an outstanding job on the event. She reported the Department of Health is requesting the City of Tacoma complete another impact study regarding the proposed methanol plant. She is looking forward to hopefully having the new President of Washington State University, Kirk Schultz, visit Federal Way to discuss the College Initiative. Councilmember Honda reported on the recent King County Board of Health meeting she attended where House Bill 1840 (passed in 2014) was discussed including hiring a coordinator who would oversee firearms being surrendered in Domestic Violence cases. She was also pleased to attend Federal Way City Council Regular Minutes Page 5 of 7 April5, 2016 Brigadoon Elementary for a class reading and was impressed with the classrooms and students she met. The books read were part of a donation program from the Diversity Commission; she read the book "Fish for Jimmy" and discussed Japanese Internment Camps. She met with Michael Jackson, Development Coordinator for Auburn Youth Resources and the Mayor; they are hoping to build transitional houses for homeless youth. She also helped with the "We Step Up" Color run and commended the students on putting together an awesome event. She congratulated the Decatur Dance and Drill team who placed first in Regional and State Competitions and took second place in the National Competition in Anaheim. Councilmember Koppang participated with the Reach Out feeding program and is encouraging to see the great work that is done by the volunteers, churches and organizations and the transition of new faces coming through the program. He gave a "Shout Out" to the Federal Way Coalition Against Human Trafficking who is having a fundraiser at Black Bear Diner on Thursday, April 21st with 15% of the proceeds going to the coalition. The Coalition is working on helping get the word out to the youth in the schools to raise awareness. Councilmember Moore reflected on the homelessness issue and thanked the Mayor for his leadership on this issue and continues to learn more, in hopes to reduce homelessness, which is an obtainable goal. He attended the Sound Cities Association dinner with the Mayor and Deputy Mayor where they heard an update on the legislature; transportation and economy. He thanked the staff for addressing the street light issue in Federal Way and building a safer community for our citizens. He also attended and read to an elementary classroom. He congratulated Dick Meyer who was named citizen of the month from the Federal Way Mirror. He also thanked the Federal Way Police Department for their professional and compassionate help when he was recently in a car accident. Councilmember Duclos will be attending the Christian Faith Center fundraising event on April 22nd for the new Academic and Athletic Center and raising funds for a new Technology Center and ongoing fundraising to continue their scholarship programs. She will also be attending at fundraiser for the Korean Language School at Saghalie Middle School on April 24th which is a wonderful traditional event with wonderful performances by students. She will be attending, and rooting for the Police Department, in the Annual Police vs. Fire Basketball game at the Federal Way Community Center on April 9th at 11:30 a.m. She will be in attendance at the Neighborhood Connection meeting in her own neighborhood at Saghalie Middle School on Wednesday, April 13th. She encouraged more collaboration and communication between multiple government agencies and non - profits for the homeless issue. Deputy Mayor Burbidge reported the next meeting of the Lodging Tax Advisory Committee will be next Tuesday, April 13th at 8:00 a.m. She expressed appreciation to staff for their responsiveness and following the process with the proposed methanol plant in Tacoma and very much appreciates City Attorney Amy Jo Pearsall who has attended these meetings on the city's behalf which have had very short notice. She asked for clarification from the City Attorney as to if the city has been asked to be named a party of record to be notified regarding any new information. City Attorney Amy Jo Pearsall responded the city has been made a party of record for the City of Tacoma process; however the Port of Tacoma does not have a similar process. Staff continues to monitor and watch for new meetings and information. The next meeting staff is currently aware of will be April 25th Deputy Mayor Burbidge further reported on the Phoenix Rising project in Auburn which will address the needs of homeless youth and young adults by Valley Cities. The program brings forward 24 single residential units, and is one of the many agencies the city provides with Human Services funding. She also highlighted many upcoming local events in the performing arts. Federal Way City Council Regular Minutes Page 6 of 7 Aprils, 2016 9. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:18 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 7 of 7 April 5, 2016 Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall April 5, 2016 — 6:30 p.m. www crtyoffederalwa y. com 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at 6:30 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall, and City Clerk Stephanie Courtney. 2. EXECUTIVE SESSION At 6:30 p.m. Mayor Ferrell announced the Council would be recessing into Executive Session for the purpose of discussing the following items. • Collective Bargaining Pursuant to RCW 42.30.140(4)(b) • Potential Litigation Pursuant to RCW 42.30.110(1)(i) • Property Acquisition Pursuant to RCW 42.30.110(1)(b) 3. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 6:57 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 April 5, 2016 COUNCIL MEETING DATE: April 19, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5b SUBJECT: MARINE HILLS STORMWATER CONVEYANCE SYSTEM REPAIR PHASE I — 85% DESIGN UPDATE AND AUTHORIZATION TO BID POLICY QUESTION: Should City Council authorize staff to bid Marine Hills Stormwater Conveyance System Repair - Phase I project and return to LUTC and Council for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 4, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Theresa Thurlow, P.E. Surface Water Manager DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated April 4, 2016 Options Considered: 1. Authorize staff to bid Marine Hills Stormwater Conveyance System Repair Phase I project and return to LUTC and Council for award the project to the lowest responsive, responsible bidder. 2. Do no authorize staff to bid Marine Hills Stormwater Conveyance System Repair Phase I project and provide direction to staff. MAYOR'S RECOMMENDATION: The mayor recommends forwarding option 1 to the April 19, 2016 City Council consent agenda for approval. MAYOR APPROVAL: CHIEF OF STAFF: ommt ' e Initial/Date L Committe Initial /D e DIRECTOR APPROVAL: Council Initial /Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 19, 2016 City Council consent agenda for approval. Kelly i aloney, Chair is Assefa -D son,- Member Mark Kop g, Memb� PROPOSED COUNCIL MOTION: "1 move to authorize staff to bid Marine Hills Stormwater Conveyance System Repair Phase 1 project and return to LUTC and Council for award the project to the lowest responsive, responsible bidder " (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: April 4, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director Theresa Thurlow, P.E., SWM Manager irn SUBJECT: Marine Hills Stormwater Conveyance System Repair Phase 1- 85% Design Status Report and authorization to bid. BACKGROUND: This project will repair deteriorated stormwater pipes and structures in the Marine Hills subdivision using a cured in place pipe (CIPP) repair system. As a large percentage of deterioriated pipe has retained its original circumference with aligned contiguous joints, staff determined that this non - invasive method of repair would provide needed structural repairs without reducing current capacity while avoiding costly open trench repairs. In November 2015, staff determined that there was enough funding to combine Phase I, (all work north of S 293`d street) and Phase II (all work south S 293rd). In December, Council approved this change to the SWM CIP. However, during design and after completion of the video inspections for the storm drainage system in Marine Hills, staff determined that ten locations will require open cut replacement on some sections of the pipe due to either extreme deformation of the pipe wall or an offset joint. Both of these conditions impact pipe continuity and must be corrected before CIPP installation can occur. Consultation with various CIPP installation contractors confirmed that these types of repairs are usually done in advance of a CIPP contract. As a result, SWM is proposing to split the Marine Hills Stormwater Conveyance System Repair into two contracts entitled phase I and phase II. Phase I will repair nine of the identified locations using an open cut method starting August 2016 and Phase II will be the installation of the CIPP spring 2prTaras soon as weather allows. (A portion of pipe under location 10 required repair in March due to deteriorating conditions.) The following provides a brief synopsis of the progress on this project to date. The project design is approximately 85% complete, which includes the following completed tasks: • Video inspection to identify and map deteriorated pipes and structures • Economic and structural analysis for two different repair methods: open cut replacement or cured -in- place -pipe (CIPP) repair • Pipe survey • Pipe hydraulic capacity analysis • Project design Plan, Specifications and Cost Estimate (PS &E) - 85% Ongoing Tasks Include: • Contract PS &E to 100 %. April 4, 2016 Land Use and Transportation Committee Marine Hills Stormwater Conveyance System Repair Phase 1 Project - 85% Design Status Report Page 2 PROJECT ESTIMATED EXPENDITURES: In house Design $0 Consultant Survey $13,439 2016 Construction Cost Phase 1 $158,000 Emergency Repair of Location 10 $20,000 10% Construction Contingency $15,800 In house Construction Management $0 TOTAL PROJECT COSTS $207,239 AVAILABLE FUNDING: Budgeted City Funds Phase I $985,000 KCFCD Opportunity Fund 2016 TOTAL AVAILABLE BUDGET cc: Project File Day File $350,195 $1,335,195 COUNCIL MEETING DATE: April 19, 2016 ITEM #: 5C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Sacajawea Middle School Safe Route to School (SRTS) — 85% Design Status Report and Authorization to Bid POLICY QUESTION: Should the City Council authorize staff to bid the Sacajawea Middle School Safe Route to School (SRTS) Project and return to the LUTC and Council for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 4, 2016 CATEGORY: ® Consent ❑ City Council Business (l Ordinance ❑ Resolution Public Hearing ❑ Other STAFF REPORT BY: Christine Mullen, P. et Systems Project Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated April 4, 2016. Options Considered: 1. Authorize staff to bid the Sacajawea Middle School Safe Route to School (SRTS) Project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 19, 2016 City Council Consent Agenda for approval. MAYOR APPROVAL: CHIEF OF STAFF: o e: Council Initia Date Initial /Date ti/l t.(,,., Co Council Initl ate Initial/ P:te ADIRECTOR APPROVAL: 3123 Ito COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 19, 2016 City Council consent agenda for approval. 1ofL Kelly Maly, Chair • �i .,• • III iii is Asse a -Da ion, Member PROPOSED COUNCIL MOTION: "I move to authori staff to bid the Sacajawea Middle School Safe Route to School (SRTS) Project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder." Mark Koppa ,Member (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # k: \council \agdbills\2016 \04 -19 -16 Sacajawea Middle School Safe Route to School (SRTS) Project - 85% Design Status Report CITY OF FEDERAL WAY MEMORANDUM DATE: April 4, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director Christine Mullen, P.E., Street Systems Project Enginee ` ,,(N SUBJECT: Sacajawea Middle School Safe Route to School (SRTS) —`85% Design Status Report and Authorization to Bid BACKGROUND: This project provides an 8 ft. sidewalk and bicycle lane on the south side of Dash Point Rd from the existing improvements at Redondo Way S to the entrance to Sacajawea Middle School; providing a planter strip separating the sidewalk and roadway, illumination, and ADA ramps. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • Topographical Surveys • Utility Coordination • Preliminary Contract Specifications • Project Design to 85% • Final Approval of NEPA and 4(0 Documentation Ongoing Tasks Include: • Final Contract Specifications • Project Design to 100% • Construction Funds Obligation PROJECT ESTIMATED EXPENDITURES: Design $300,000 2016 Construction Cost 960,000 10% Construction Contingency 96,000 15% Construction Management 144,000 TOTAL PROJECT COSTS AVAILABLE FUNDING: SRTS Grant (Federal) Budgeted City Funds in 2015 TOTAL AVAILABLE BUDGET $1,500,000 $1,200,000 $300,000 $1,500,000 The project is within available budget and staff anticipates bidding the project in June 2016. Construction is anticipated to commence in August 2016 with an estimated substantial completion date in November 2016. COUNCIL MEETING DATE: April 19, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5d SUBJECT: Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project — Joint Construction Agreement with Puget Sound Energy. POLICY QUESTION: Should the Council approve Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project — Agreement for Joint Construction with Puget Sound Energy? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 4, 2016 CATEGORY: ® Consent ❑ Ordinance El Public Hearing ❑ City Council Business n Resolution ❑ Other STAFF REPORT BY: NAVEEN CHANDRA, P.E., Street Systems Project Engineer DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated April 4, 2016 2. Joint Construction Agreement with Puget Sound Energy (PSE) Options Considered: 1. Authorize the Mayor to execute the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for the Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project. 2. Do not authorize the Mayor to execute the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for the Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 19, 2 16 City Council Consent Agenda for approval. MAYOR APPROVAL: CHIEF OF STAFF: DIRECTOR APPROVAL: ,. 2.2 l lie InitiaUDate Comm Initial / ' ate Council Initial /D COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the April 19, 2016 consent agenda for approval. PROPOSED COUNCIL MOTION: "I move approval of the cific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project — Joint Construction Agreement with Puget Sound Energy effective April 19, 2016 and authorize the Mayor to sign said agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 4, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director Naveen Chandra, P.E., Street Systems Project Engineer SUBJECT: Pacific Highway South HOV Lanes Phase V Project (5340th Street to S 359th Street); Joint Construction Agreement with Puget Sound Energy (PSE) BACKGROUND: The Pacific Highway South HOV Lanes Phase V (South 340th Street to S 359th Street) Project includes adding HOV lanes north and southbound, adding curb gutter and sidewalk, adding lighting, landscaping, planted medians, left turn movements restricted to intersections, and consolidating driveways where possible. The purpose of the project is to improve aesthetics, improve traffic flow and reduce accidents by eliminating conflicts and to promote transit and carpool use. An average of more than 30,000 vehicles a day uses this section of Pacific Highway South, which operates over capacity. PSE owned gas main, which is obsolete needs to be removed and gas utility valves needs to be adjusted to final grade as part of the project. PSE will reimburse the City for having the City's contractor to remove the obsolete gas main and adjusting the gas utility valves. A separate bid schedule will be included in the project bid documents for the costs associated with removal of PSE's obsolete gas main and adjusting gas utility values. Per the attached agreement, PSE will reimburse the City for all costs associated with removal of PSE's obsolete gas main and adjusting gas utility values. The total estimated cost which PSE will pay to the City will be determined after bids are opened. The final cost will be based on actual quantities. The attached Joint Construction Agreement shows the methodology used to calculate the costs to be billed to PSE. JOINT CONSTRUCTION AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND PUGET SOUND ENERGY FOR THE PACIFIC HIGHWAY SOUTH HOV LANES PHASE V PROJECT (SOUTH 340TH STREET TO SOUTH 359TH STREET) THIS AGREEMENT is made and entered into this day of , 2016, by and between the City of Federal Way (hereinafter "City ") and Puget Sound Energy (hereinafter "PSE "), collectively referred to herein as the "Parties ". WHEREAS, the City proposes to proceed with the Pacific Highway South HOV Lanes Phase V Project (South 340th Street to 359TH Street) (hereinafter "Project "); and WHEREAS, PSE provides natural gas service in the general area of the Project in accordance with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, in connection with the roadway improvements being undertaken by the City, PSE will be required to relocate certain gas mains in conflict with project facilities within the Project area; and WHEREAS, PSE can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for PSE as described in Exhibit A, including letting a public works construction contract for the removal of the obsolete gas mains in conflict with the Project (hereinafter "PSE Work "), providing construction management services, and providing Project administration in support thereof; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. GAS MAIN RELOCATION. PSE agrees to perform predesign /design and construction work for the relocation of its facilities that are in conflict with Project facilities. PSE shall provide the City all drawings necessary to acquire a right of way permit and relocate its gas mains out of the conflict zones. PSE shall provide as- constructed record drawings of both the relocated mains and the obsolete mains within 20 days of completion of PSE Work. PSE shall provide preliminary location data within one week of Agreement execution. The record drawings shall show the vertical and horizontal location of the relocated and obsolete facilities within the Project area using a minimum scale of one inch equals one hundred feet (1" = 100'), measured from the centerline of the right of way and of a form which shall be acceptable to the City. Pacific Highway South HOV Lanes Phase V Page 1 February 2016 II. BIDDING AND CONSTRUCTION FOR OBSOLETE MAIN REMOVAL. It is the intention of the City and PSE that the PSE obsolete mains shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow identification of the PSE Work to be performed by the City on behalf of PSE. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the performance of the PSE Work. In providing such services, the City Public Works Director and /or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. PSE grants to the City Public Works Director and /or his or her designee authority to perform the PSE Work in accordance with the provisions of this Agreement. B. PSE shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the PSE Work, which changes shall be made, if feasible. The City shall notify PSE, in writing, of any changes required of the PSE Work and shall obtain PSE's approval of such changes. PSE's approval shall not be unreasonably withheld. PSE shall be responsible for all costs incurred by the City, directly or indirectly, as a result of changes to the PSE Work that are requested or approved in writing by PSE. IV. PAYMENT. A. PSE shall reimburse the City for all actual costs incurred by the City in performing the PSE Work, which costs shall include but are not limited to the PSE Work performed by the Project contractor(s), all PSE requested changes, and PSE's cost of the City services described in Paragraph HI (a) herein, all as more particularly described in Exhibit A. B. All payments shall be due from PSE to the City within thirty (30) days after approval by the PSE's Municipal Liaison Manager or his /her designee of said sums billed to PSE. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold PSE, its officers, employees and agents 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 or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. PSE agrees to indemnify and hold the City, its elected officials, officers, employees and agents 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 or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of PSE, its agents or employees, or by PSE's breach of this Agreement. Pacific Highway South HOV Lanes Phase V Page 2 February 2016 The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and PSE. VII. OTHER PROVISIONS. A. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to PSE for any final payment due. B. This Agreement contains the entire agreement of the City and PSE, and supersedes all prior discussions between them, with regard to the City's performance of the PSE Work for the project. For the avoidance of doubt, nothing in this Agreement will alter, amend or supersede any franchise or other written agreement between the City and PSE; rather, the same will remain in full force and effect in accordance with their respective terms. This Agreement may be amended only in writing, signed by both Parties. C. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. Pacific Highway South HOV Lanes Phase V Page 3 February 2016 IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY Jim Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98063 -6325 (253) 835 -2401 APPROVED AS TO FORM: Amy Jo Pearsall, City Attorney ATTEST: Stephanie Courtney, City Clerk Pacific Highway South HOV Lanes Phase V PUGET SOUND ENERGY Thomas M Brobst Municipal Liaison Manager Olympic Region 6522 Kitsap Way KSP -SVC Bremerton, WA 98312 (360) 475 -7020 APPROVED AS TO FORM: Puget Sound Energy General Counsel Page 4 February 2016 Exhibit A Estimated Costs Pacific Highway South HOV Lanes Phase V ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING PUGET SOUND ENERGY GAS OBSOLETE UTILITY REMOVAL AND VALVE COVER ADJUSTMENTS Estimated Design Cost (KPG, Inc.) $2,911.49 Construction Item Mobilization, Traffic Control, TESC Remove Gas Main Adjust Gas Utility Valve to Grade Gravel Borrow Construction Subtotal Quantity Unit - Unit Price 1 LS $5,51.82 621 LF $10.00 19 EA $400.00 255 TN $18.00 10% Construction Contingency 1.5% Construction Management Estimated Construction Total Estimated Project Total (Design + Construction) 5% Project administration Project Total NOTES * *Mobilization, Traffic Control, TESC is estimated at 30% of other items. * *Remove Gas Main includes excavation, removal and disposal of pipe and backfill with original trench backfill if approved. * *Costs presented are estimates only. Actual field measured quantities and unit bid prices of contract awarded to lowest responsive responsible bidder will be used to calculate final cost of Puget Sound Energy's reimbursement to the City. Total $5,320.20 $6,210.00 $7,600.00 $3,924.00 $23,054.20 $2,305.42 $3,458.13 $28,817.75 $31,729.24 $1,586.46 $33,315.71 K: \STREETS \PROJECTS \SR99 Phase V\Utilities \PSE - GAS \Joint Construction Agreement PSE Gas- 21216.doc Pacific Highway South HOV Lanes Phase V Page 5 February 2016 COUNCIL MEETING DATE: April 19, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5e SUBJECT: Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project— Letter of Understanding with Comcast. POLICY QUESTION: Should the Council approve Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project — Agreement for Joint Construction with Comcast? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 4, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution , 0 Other STAFF REPORT BY: NAVEEN CHANDRA, P.E., Street Systems Project Engineer DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated April 4, 2016 2. Letter of Understanding with Comcast. Options Considered: 1. Authorize the Mayor to execute the Letter of Understanding between the City of Federal Way and with Comcast for the Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project. 2. Do not authorize the Mayor to execute the Letter of Understanding between the City of Federal Way and with Comcast for the Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359 th Street) Project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 19, 2016 City Council Consent Agenda for approv 1. MAYOR APPROVAL: Co tttee Initial /Date CHIEF OF STAFF: �� LM,-,2. Co Initia L► •te DIRECTOR APPROVAL: Cou it Initi 1/Date lam. Council Initial Dat Initial /Date 23\ Ile COMMITTEE RECOMMENDATION: 1 move to forward the proposed Agreement to the April 19, 2016 consent agenda for approval. Maloney, Chair is Assefa -Di son, Member PROPOSED COUNCIL MOTION: "I move approval of the 'acific Highway South HOV Lanes Phase V (S 340th Street to S 359t1i Street) Project — Letter of Understanding with Comcast effective April 19, 2016 and authorize the Mayor to sign said agreement." Mark Ko p ng, Member (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 4, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director Naveen Chandra, P.E., Street Systems Project Engineer SUBJECT: Pacific Highway South HOV Lanes Phase V (S340th Street to S 359"' Street) Project; Letter of Understanding with Comcast BACKGROUND: The Pacific Highway South HOV Lanes Phase V (South 340`h Street to S 359th Street) Project includes adding HOV lanes north and southbound, adding curb gutter and sidewalk, adding lighting, landscaping, planted medians, left turn movements restricted to intersections, and consolidating driveways where possible. The purpose of the project is to improve aesthetics, improve traffic flow and reduce accidents by eliminating conflicts and to promote transit and carpool use. An average of more than 30,000 vehicles a day uses this section of Pacific Highway South, which operates over capacity. The City has required Comcast to relocate aerial facilities in to an underground duct and vault system. Comcast will reimburse the City for having the City's contractor to install conduit and vaults supplied by Comcast as part of Joint Utility Trench of the project. A separate bid schedule will be included in the project bid documents for the costs associated with the Comcast part of Joint Utility Trench of the project. Per the attached Letter of Understanding, Comcast will reimburse the City for all costs associated with the Comcast part of the Joint Utility Trench for the project. The total estimated cost which Comcast will pay to the City will be determined after bids are opened. The final cost will be based on actual quantities of work completed. The attached Letter of Understanding shows the methodology used to calculate the costs to be billed to Comcast. LETTER OF UNDERSTANDING BETWEEN THE CITY OF FEDERAL WAY AND COMCAST CORPORATION FOR THE PACIFIC HIGHWAY SOUTH HOV LANES PHASE V PROJECT (SOUTH 344th STREET TO South 359th STREET) THIS LETTER OF UNDERSTANDING (this "LOU ") is made and entered into this day of , 2016, by and between the City of Federal Way (hereinafter "City ") and Comcast Cable Communication, Inc. (hereinafter "Comcast "), collectively referred to herein as the "Parties." WHEREAS, the City proposes to proceed with the Pacific Highway South HOV Lanes Phase V Project (South 344th Street to South 359th Street) (hereinafter "Project "); and WHEREAS, Comcast provides fiber optic cable service in the general area of the Project in accordance with Franchise 09 -620, applicable Washington State and City of Federal Way laws, and regulations; and WHEREAS, in connection with the roadway improvements being undertaken by the City, Comcast will be required to relocate certain aerial facilities such as cables and poles into an underground duct and vault system within the Project area; and WHEREAS, In accordance with the Federal Way — Comcast Cable Franchise Agreement, Ordinance No. 09 -620, if the City charges Comcast for use of a provided trench, Comcast shall participate in the joint trench portion of the project (the "Joint Utility Trench Work ") and pay the City a portion of the trench costs, including but not limited to, trench bedding, backfill, and traffic control commensurate with Comcast's proportionate share of trench usage. NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows: PRECONSTRUCTION ESTIMATE. Exhibit A is a good faith project cost estimate for Comcast's share of Joint Utility Trench Work. Costs are based on an engineer's estimate provided by the City's design consultant, KPG, Inc. Exhibit B is a good faith total project cost based on an estimate of Comcast's share of project administrative costs. ll, BIDDING AND CONSTRUCTION. A. It is the intention of the City and Comcast that Comcast plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such a manner as to allow, to the extent Pacific Highway South HOV Lanes Phase V Page 1 2016 possible, identification of cost allocations between the Parties. To ensure reasonable and balanced bids by potential contractors within the bidding process, the City agrees to maintain Comcast duct and vault line items as a separate schedule. B. Following opening of construction bids on the Project, new Exhibits with actual accepted bid prices will be added by mutual agreement of the parties based on the bid responses submitted for Comcast Joint Utility Trench Work. The new Exhibits will be provided to Comcast for its review. Within twenty days of receiving the bid prices, Comcast shall notify the City in writing that Comcast approves their portion of the bid award plus administrative costs. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Director of Public Works and /or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. Comcast grants to the City Director of Public Works and /or his or her designee authority to act on behalf of Comcast sufficient to carry out the provisions of this Letter of Understanding. B. Comcast shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect Comcast Joint Utility Trench Work, which changes shall be made, if feasible. The City shall notify Comcast, in writing, of any changes required of the Joint Utility Trench Work and shall obtain Comcast's approval of such changes. Comcast's approval shall not be unreasonably withheld. Comcast shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by Comcast. IV. PAYMENT. A. Comcast shall reimburse the City for all costs incurred by the City in performing the Joint Utility Trench Work, which costs shall include, but are not limited to, the Joint Utility Trench Work performed by the Project contractor(s), all Comcast requested changes, and Comcast's cost share of the City services described in Paragraph III (A) herein. B. All payments shall be due from Comcast to the City within forty five (45) days after receipt by Comcast of said sums billed to Comcast. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold Comcast, its officers, employees, and agents 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 or resulting from, or connected with, this LOU to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this LOU. B. Comcast agrees to indemnify and hold the City, its elected officials, officers, employees, and agents 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, Pacific Highway South HOV Lanes Phase V Page 2 2016 licensees, or representatives, arising or resulting from, or connected with, this LOU to the extent caused by the negligent acts, errors or omissions of Comcast, its agents or employees, or by Comcast's breach of this LOU. The provisions of this paragraph shall survive the expiration or termination of this LOU with respect to any event occurring prior to such expiration or termination. VI. DURATION. This LOU shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and Comcast. Adherence to deadline dates is essential to the performance of this LOU. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Comcast shall take ownership of duct and vault system following completion of the construction and acceptance of duct and vault system. Comcast shall be responsible for maintenance of duct and vault system after the transfer of ownership of the duct and vault system. C. Comcast shall be required to obtain a Right of Way Permit to install cable in the new duct and vault system and to wreck out its obsolete aerial facilities. D. This LOU contains the entire written agreement of the Parties and supersedes all prior discussion. This LOU may be amended only in writing, signed by both Parties. E. Any provision of this LOU, which is declared invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this LOU. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY COMCAST CORPORATION Jim Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98063 -6325 (253) 835 -2401 4020 Auburn Way N Auburn, WA 98002 (253) 288 -7456 Pacific Highway South HOV Lanes Phase V Page 3 2016 APPROVED AS TO FORM: Amy Jo Pearsall, City Attorney ATTEST: Stephanie Courtney, City Clerk Pacific Highway South HOV Lanes Phase V Page 4 2016 Exhibit "A" Estimated Costs- Conduit, Vault and Pedestals Pacific Highway South HOV Lanes Phase V South 344th Street to South 359th Street No. Sect. ' Item Qty ! Unit Unit Cost _ Total SCHEDULE C - COMCAST UNDERGROUNDING C1 8-32 Install Conduit 2 In 120 LF $ 3.00 $ 360.00 C2 8-32 ' Install Conduit 4 In. 15.100 LF s $ 4.00 S 60.400.00 C3 8-32 Install Vault SGLB 2436 , 12 EA $ 1.000.00 $ 12.000.00 C4 8-32 ' Install Vault SGLB 3048 i 14 EA $ 1 .000.00 $ 14.000.00 C5 832 Install Pedestal 8 EA $ 500.00 $ 4,000.00 C6 1-04 Unexpected Site Ch -- .es 1 EST $ 5,000.00 $ 5.000.00 Schedule C Cost $ 95,760 Pacific Highway South HOV Lanes Phase V Page 5 2016 z X80 «8«rmm� 8a'o =8<8m oT,8a8S'8g ^ m n N M x NN N w N w» NNwN N E IR!!ANN VMi,`�Nmn%mm��Y'itliip Yn i'n vO1io�a$u^i aol N �MN� N Na N M .;;23; m88 °8V4,9<''B,m2N'O82$w.�B2 2,13'4 n'8 !AV4 0 �Nm^M¢mom �n � �_N�ppN NN��pp Yapp �iNn �n`�i, vvim� °f� M N N N N F N r N N N f o N N 4. r w N 4. w w N Yj e� »" M w N N H N N N NN m`8N M N e N 8 V C M N V I O) E D ^ N O fn ippppro �mpy�^ ^Y�' �y `g 838`e�e'Rmpnpotppyy �YY�pnp`3p�pfifn_ N n O W N t O Oda 4 M 4 N^ V N N« N 3 � 1 t-V 4» i 7 M N �_p a O N O 4O i Ow N N M N M M N N N N N M N N H N H N N N N N fflEINOLMIRRnEWMIliguilml pp «m «�'p•=rg«�pp�;NN88«N`t2 S2NO ♦NApg 4g N O N g p i NON 8 NON §§ «' O r O C D 8 My M NNN 1 O n A aaDDMNIO NNMNN lO'NN » N N w w N N N N ...... 4' N N N 5g O m �," V^2,4y«NIxm yr- BNe000Sypppi m_N *N�OMT?g Sm N O N i r O M N� N N w N N N 3 R i 7" V " O M m9 ON i� d N M N e1,3 <SVSV, VmY3nm "m2z,; 86;ISS III VA8:a° inE»w« P. "»N»ww nN `N Y»NnEAROM§ w° 0 0^ N n mMO�O ANC ;Q�a ���9'mo`Ngro oa??wnPq�n`sAm3Eovin`2anf .M,7 F C 7 N» N N N N N N NNN N N NNN N N N N N N N N n MO N,�� �OO r Naa pp� pp p r p" M Mpp N eG " t U r''a$S4.80��0 n N V �O�f0 aOY $,=1^�Tn O, �MN =`B�82i7 N N N a t Q w » » » » la NNN NNNx�� N Q U R r c8'm48 °o&38o ,Si48 °8«1a$�28,TV42 9.PZ d maid �. » " »$wMaw$ z R m ;� N W R 2 ¢ 1 �- a s ,M N 5 N N g o m a a“ n N �MA g g w d f J .y. 2Mi pp f 8NMN MN <N Fpp p .s H 0 c m g ' M M Y Y Y N N M M M N M N N N O.. N N N N M N N M N M . - - F2B'D = 3 LL o V V E O a M M M Y Y N N M M M N M N N N N N N N M N N M N M 0 8 4 ?&-2 0 i1 u8 $ gu N N 0 1. p t m N c u o N a 8 i o ¢ W °c N.` aU ggv ra W c Ym p c W a x i aU a :I: a e =ou 58(30 g8(500858 V 0 co N tf1 TOTAL TRENCH COSTS Pacific Highway South HOV Lanes Phase V Page 6 Exhibit "B" Estimated Costs Pacific Highway South HOV Lanes Phase V South 344th Street to South 359th Street ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING COMCAST JOINT UTILITY TRENCH (JUT) WORK ESTIMATED DESIGN COSTS for JUT Labor -KPG Inc ESTIMATED CONSTRUCTION COSTS $18,601.00 Conduit and Vault- Schedule "C" Cost (Exhibit "A ") $95,760.00 Share of Joint Utility Trench Estimated Costs (Exhibit "A ") $289,011.00 Subtotal Construction $384,771.00 Construction Contingency (10% of Construction Cost) $38,477.10 Construction Management (15% of Construction Cost) $57,715.65 ESTIMATED TOTAL CONSTRUCTION COST $480,963.75 ESTIMATED PROJECT COSTS (Design and Project Cost) $499,564.75 Project Administration (5% of Project Cost) $24,978.23 TOTAL ESTIMATED COST $524,542.98 Note: The LOU will be amended upon receipt of the lowest responsible bid. Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of Comcast Joint Utility Trench Work for reimbursement to the City. K: \STREETS \PROJECTS\SR99 Phase V\ Utilities \JUT1Comcasl \Final \Letter of Understanding - update -2 -4-16 -Final doc Pacific Highway South HOV Lanes Phase V Page 7 2016 COUNCIL MEETING DATE: April 19, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5f SUBJECT: Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project — Agreement for Joint Construction with CenturyLink. POLICY QUESTION: Should the Council approve Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project — Agreement for Joint Construction with CenturyLink? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 4, 2016 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: NAVEEN CHANDRA, P.E., Street Systems Project Engineer EPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated April 4, 2016 2. Agreement for Joint Construction with CenturyLink Options Considered: 1. Authorize the Mayor to execute the Agreement for Joint Construction between the City of Federal Way and CenturyLink for the Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project. 2. Do not authorize the Mayor to execute the Agreement for Joint Construction between the City of Federal Way and CenturyLink for the Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project and provide direction to staff. ............................................................................................................................................................................................................................................................. ............................... MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 19, 2016 City Council Consent Agenda for approval. MAYOR APPROVAL: CHIEF OF STAFF: DIRECTOR APPROVAL: ommi nitial /Date / (/ Initial /Date Com • tte Init. . /Date Council Initial /Dat Initial /Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the April 19, 2016 consent agenda for approval. Key Maloney, Ch • ,nn, ember Mark Kelp sang, Me ber PROPOSED COUNCIL MOTION: "I move approval of the Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359`i' Street) Project — Agreement for Joint Construction with CenturyLink effective April 19, 2016 and authorize the Mayor to sign said agreement." is Assefa -Daw (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1 /20 15 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 4, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director Naveen Chandra, P.E., Street Systems Project Engineer Imo' SUBJECT: Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project; Agreement for Joint Construction with Century Link BACKGROUND: The Pacific Highway South HOV Lanes Phase V (South 340th Street to S 359th Street) Project includes adding HOV lanes north and southbound, adding curb gutter and sidewalk, adding lighting, landscaping, planted medians, left turn movements restricted to intersections, and consolidating driveways where possible. The purpose of the project is to improve aesthetics, improve traffic flow and reduce accidents by eliminating conflicts and to promote transit and carpool use. An average of more than 30,000 vehicles a day uses this section of Pacific Highway South, which operates over capacity. The City has required Century Link to relocate aerial facilities in to an underground duct and vault system. Century Link will reimburse the City for having the City's contractor to install conduit and vaults supplied by Century Link as part of Joint Utility Trench of the project. A separate bid schedule will be included in the project bid documents for the costs associated with the Century Link part of Joint Utility Trench of the project. Per the attached Agreement for Joint Construction, CenturyLink will reimburse the City for all costs associated with the CenturyLink part of the Joint Utility Trench for the project. The total estimated cost which CenturyLink will pay to the City will be determined after bids are opened. The final cost will be based on actual quantities of work completed. The attached Letter of Understanding shows the methodology used to calculate the costs to be billed to CenturyLink. Agreement No. NCA8384.0 AGREEMENT NCA8384.0 FOR JOINT CONSTRUCTION THIS AGREEMENT (the "Agreement ") is entered into as of April 1, 2016 ( "Effective Date ") between CenturyTel Services Group, LLC, a Louisiana corporation ("CenturyLink"), and City of Federal Way, a Washington State municipal corporation. TERMS AND CONDITIONS 1. DEFINITIONS: 1.1. "Schedule" means a written instrument made part of the Agreement describing Work, including price, specifications, warranty terms and related shipping and delivery instructions, and sometimes referred to as a "Statement of Work." Schedules may be added, deleted, or modified as agreed in writing and executed by the parties. 1.2. "Party" means either CenturyLink or Project Developer. 1.3. "Project Developer" means City of Federal Way. 2. TERM: The term of this Agreement begins on the Effective Date and ends on December 31, 2018 ( "Term "). The Agreement will remain in effect for the term of and only with respect to any Schedule or Order that extends longer than the Term. 3. THE PROJECT: 3.1. Project Developer intends to perform a construction project, or multiple construction projects, that may be described on one or more Schedules to this Agreement (each referred to as a "Project "). 3.2. In connection with the Project, it is necessary or desirable that CenturyLink install telecommunications facilities in the area in which the Project will be performed (the "Site "). The new telecommunications facilities and all associated equipment shall be referred to in this Agreement and any Schedules, as (the "Facilities "). 3.3. CenturyLink has requested that as part of an individual Project, Project Developer, on its own behalf or acting through its contractor (the "Contractor "), perform certain work in connection with the Facilities on the Site for CenturyLink, which work is more specifically described in an Exhibit to the Schedule (the "Work "). 4. INVOICES AND PAYMENTS: 4.1. Invoices: Within 30 days of providing Work to CenturyLink, Project Developer will issue an invoice by the method agreed upon by the parties. Each invoice will contain an itemized description of the Work and all applicable charges and taxes (if Project Developer is a private entity, exclusive of taxes based on Project Developer's income). CenturyLink will be liable only for undisputed and correct taxes itemized on the invoice for Work to which the taxes relate. Project Developer, and its Contractor, are responsible for charging the correct taxes on the applicable invoice other than where CenturyLink has provided Project Developer a properly completed tax exemption certificate or other evidence of exemption. Project Developer, or its Contractor, as applicable, must be registered by the taxing jurisdictions to collect sales and /or use taxes within the states to which Work are provided. 4.2. Payment Due Date; Acceptance of Payment: CenturyLink will pay undisputed invoices in U.S. dollars within 45 calendar days of CenturyLink's receipt of a proper invoice. Payment will not constitute acceptance of the applicable Work. 5. ACCEPTANCE: Page 1 Copyright © Qwest. All Rights Reserved CONFIDENTIAL 8/2014 Agreement No. NCA8384.0 Acceptance of the Work will be defined on the applicable Schedule. 6. LIENS: Century Link reserves the right, at any time during the progress of the Work, to require Project Developer, the Contractor and any subcontractor to furnish evidence in form and substance acceptable to Century Link that all claims, liens and causes of action, if any, for the payment of wages or salaries or the payment of charges for labor, materials, tools, machinery, or supplies have been satisfied, released or settled. 7. CONFIDENTIAL INFORMATION: 7.1. Definition of Confidential Information: "Confidential Information" means all information shared by either Party or its Affiliates ( "Disclosing Party ") with the other Party or its Affiliates ( "Receiving Party ") during the term of this Agreement, except information the Receiving Party can clearly establish (a) has become known to the Receiving Party from a source, other than the Disclosing Party, without an obligation to maintain its confidentiality; (b) has become generally known to the public through no act or omission of the Receiving Party; or (c) was independently developed by the Receiving Party without the use of Confidential Information of the Disclosing Party. "Confidential Information" shall not include records subject to state disclosure laws, Chapter 42.56 RCW. 7.2. Restrictions on Use and Disclosure: (a) Use and Copying: The Receiving Party will use or copy Confidential Information only to exercise its rights and perform its obligations under this Agreement. Copies the Receiving Party makes of Confidential Information must contain the same confidential or proprietary notices or legends as the original. (b) Protection: The Receiving Party will protect Confidential Information with the same degree of care as it uses to protect its own Confidential Information of like importance, but not less than reasonable care. (c) Disclosure: The Receiving Party may disclose Confidential Information only to employees, Affiliates, agents, or contractors on a "need to know" basis, for the purposes set forth in this Agreement. The Receiving Party will not disclose any Disclosing Party Confidential Information related to a request for proposal, request for quote, or other similar request for information issued by the Disclosing Party to any of its agents or contractors without the Disclosing Party's prior written consent. The Receiving Party is responsible for compliance with this Agreement by all persons or entities to which it grants access to Confidential Information, and will advise them of their obligations under this Agreement. (d) Required Disclosure: If the Receiving Party is required or permitted by law to disclose Confidential Information of the Disclosing Party, the Receiving Party will promptly notify the Disclosing Party (prior to the disclosure, if possible). The Receiving Party will cooperate with the Disclosing Party if the disclosing party chooses to seek or take appropriate protective measures; and will make such disclosure in a manner that best protects the Confidential Information from further disclosure. (e) Return or Destruction: Upon Disclosing Party's request or upon the expiration or termination of this Agreement, the Receiving Party will return or destroy the Confidential Information. The Receiving Party may retain only such copies as are reasonably required to comply with applicable law and document retention requirements. Such Confidential Information must be maintained subject to the terms of this Agreement. Any destruction will be by shredding or secure erasure using current, commercially - reasonable methods. The Receiving Party will provide a destruction certificate to the Disclosing Party upon request. 8. INDEPENDENT CONTRACTORS: 8.1. Independent Contractor: Project Developer certifies that it is engaged in an independent business and will perform its obligations arising in connection with the Agreement as an independent contractor and not as the agent or employee Page 2 Copyright © Qwest. All Rights Reserved CONFIDENTIAL 8/2014 Agreement No. NCA8384.0 of Century Link. This Agreement does not create a partnership, joint venture or similar relationship between the parties and neither party will have the power to obligate the other in any manner whatsoever. 8.2. Agents and Employees: Any persons who perform services for Century Link will be solely the employees or agents of Project Developer under its sole and exclusive direction and control. Project Developer is solely responsible for: (a) the hours of work, methods of performance and compensation of its employees and agents; (b) compliance with all federal, state, and local rules and regulations including those governing worker's compensation, unemployment, disability insurance and social security withholding for its employees and agents; and (c) all federal and state income taxes for its income derived in connection with the Agreement. 8.3. Safety and Health: With respect to its performance of this Agreement or while on Century Link's or Century Link customers' premises, Project Developer (a) is solely responsible for the safety and health of its personnel, including subcontractors, (b) will immediately report to Century Link any accidents, injuries or property damage, and (c) will provide Century Link with copies of any safety, health or accident reports that it files with any third party. 9. INDEMNIFICATION: 9.1. Project Developer will indemnify, defend and hold harmless Century Link, its affiliates, employees and agents from and against all Liabilities arising from or in connection with (a) any act or omission, neglect, negligence, gross negligence or willful misconduct of Century Link in connection with the Agreement or (b) any breach by Project Developer of the Agreement. 9.2. Century Link will indemnify, defend and hold harmless Project Developer, its employees and agents from and against all Liabilities arising from or in connection with (a) any act or omission, neglect, negligence, gross negligence or willful misconduct of Century Link in connection with the Agreement or (b) any breach by Century Link of the Agreement. 9.3. Prior to the commencement of the Work, Project Developer will require the Contractor to agree in writing to indemnify, defend and hold harmless Century Link, its affiliates and each of their officers, directors, employees and agents from and against all Liabilities arising from or in connection with (a) any act or omission, neglect, negligence, gross negligence or willful misconduct of the Contractor or any subcontractors in connection with the Work or (b) any breach by Project Developer of the Agreement. 9.4. No party shall be required to indemnify, defend, or save harmless the other party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the party seeking indemnification. 10. LIMITATION OF LIABILITY: Except for Project Developer's indemnification obligations, insurance obligations, or breach of any requirements regarding Confidential Information, neither party is liable to the other for consequential, incidental, indirect, punitive or special damages, including commercial loss and lost profits, however caused, and regardless of legal theory or foreseeability, directly or indirectly arising under the Contract Documents, even if such party has been apprised of the possibility of the damages. Notwithstanding the foregoing, there shall be no limitation on a party's liability to the other for any fines or penalties imposed on the other party by any court of competent jurisdiction or federal, state or focal administrative agency resulting from the failure of such failing party to comply with any term or condition of this Agreement or any valid and applicable law, rule or regulation. 11. INSURANCE: 11.1. General Insurance Requirements: Without limiting the liabilities or indemnification obligations of Project Developer, Project Developer will, at its own cost and expense, provide and maintain during the term of this Agreement, such insurance coverage listed below with insurers licensed in the areas where the Work will be performed having a "Best's" rating of A —VII or better. Project Developer may obtain all insurance limits through any Page 3 Copyright © Qwest. All Rights Reserved CONFIDENTIAL 8/2014 Agreement No. NCA8384.0 combination of primary and excess or umbrella liability insurance. Project Developer will require its Contractor to maintain proper insurance applicable to the type and scope of Work to be performed under this Agreement. Contractor will require its subcontractors to maintain proper insurance applicable to the type and scope of Work to be performed under this Agreement. It is expressly understood Project Developer is ultimately responsible for its Contractor and Contractor's subcontractors including without limitation ensuring that the appropriate insurance is maintained (a) Workers' Compensation Insurance: Workers' Compensation in accordance with statutory requirements applicable in each state in which the work is to be performed and Employer's Liability or "Stop Gap" insurance with limits not less than $1,000,000 each accident. (b) Commercial General Liability Insurance: Commercial General Liability insurance with limits not Tess than $2,000,000 per occurrence and $3,000,000 in the aggregate, covering personal injury, bodily injury, death, property damage, products / completed operations, contractual liability with respect to liability assumed by Project Developer and (X, C, U) explosion, collapse and underground coverage. (c) Commercial Automobile Liability Insurance: Commercial Automobile Liability insurance (including all owned, non -owned and hired vehicles) with limits not less than $1,000,000 combined single limit per occurrence covering bodily injury and property damage for automobiles used in connection with the performance of this Agreement. (d) Errors & Omissions Liability insurance: If Project Developer or Contractor will provide professional services under this Agreement such as design services or engineering services, Project Developer or Contractor will also provide Professional Liability / Errors and Omissions insurance with limits not less than $1,000,000 each claim. Such insurance will provide a retroactive date prior to the date of the Agreement and either (a) continuous insurance coverage for a period of 2 years after termination of the Agreement, or (b) an extended reporting period of not less than 2 years after termination of the Agreement. 11.2 Excess /Umbrella Liability Insurance: Excess /Umbrella liability insurance with limits not less than $2,000,000 each occurrence. For all contracts involving excavation Supplier will provide excess /umbrella liability insurance with a minimum limit of $5.000,000 per occurrence. 11.3 Certificates of Insurance: Prior to commencement of Work under this Agreement, Project Developer will furnish to Century Link evidence of insurance as required herein for both Project Developer and the Contractor. Century Link, its Affiliates, subsidiaries, and parent, as well as the officers, directors, employees and agents of all such entities will be included as an additional insured on the Commercial General Liability, Commercial Automobile Liability and Excess /Umbrella Liability policies. Commercial General Liability will be primary and not contributory to insurance which may be maintained by Century Link. Insurers waive subrogation against Century Link, its Affiliates, subsidiaries, and parent, as well as the officers, directors, employees and agents of all such entities for Workers' Compensation, Commercial General Liability, Commercial Auto Liability and Excess /Umbrella Liability unless such endorsement is prohibited by law or regulation. 11.4. Self Insurance Language: Page 4 Copyright © Qwest. All Rights Reserved CONFIDENTIAL 8/2014 Agreement No. NCA8384.0 If the Project Developer is a Public Agency, Municipal Corporation or agency of the State of Washington, and is self- insured for any of the above insurance requirements, a certification of self- insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with Section 12 of this Agreement. 11.5. RISK OF LOSS: Project Developer is responsible for the security and the risk of loss for the materials once materials are delivered to the worksite. 12. TERMINATION; CANCELLATION: 12.1 Notice: Either party may terminate this Agreement (including its Schedules), in whole or in part, for its convenience with 30 days' prior written notice. Project Developer will be entitled to payment for Work performed as of the date of termination. Neither Party will have any other liability arising out of termination of this Agreement or a Schedule. 12.2 Breach: Either party may terminate this Agreement (including its Schedules), in whole or in part, by written notice to the other if the other party breaches this Agreement and fails to cure such breach to the non - breaching party's satisfaction within 30 days of written notice specifying the breach. 12.3 Pre - Termination Obligations: Expiration or termination of this Agreement (including its Schedules) will not relieve either party from its obligations arising hereunder prior to such expiration or termination. 13. DISPUTE RESOLUTION: 13.1 Negotiation: The parties will use good faith efforts to resolve any dispute promptly by negotiation between personnel who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Either party may give written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the written notice, the receiving party will submit a written response. For the notice and the response, the parties will include (a) a statement of the party's position and a summary of arguments supporting that position and (b) the name and title of the management person who will represent that party and anyone else who will accompany the manager. Within 30 days after delivery of the disputing party's notice, the executives of both parties may confer at a mutually acceptable time, and reconvene as necessary to resolve the dispute. The parties will honor all reasonable requests for information made by the other party. All negotiations and documents exchanged pursuant to this clause are confidential, and the parties will treat the negotiations and documents as compromise and settlement negotiations for purposes of applicable rules of evidence. 13.2 Forum and Governing Law: A party must bring any legal proceeding arising out of, or relating to this Agreement, in United States District Court for the Western District of Washington or absent federal court jurisdiction, in King County Superior Court, King County, Washington. This Agreement is governed under the laws of the State of Washington without reference to its choice of law rules. 13.3 Provision of Work: Project Developer agrees that in the event of any dispute between the parties, it will continue to provide Work without interruption. 14. MISCELLANEOUS: 14.1 Compliance with Laws and Policies: Page 5 Copyright © Qwest. All Rights Reserved CONFIDENTIAL 8/2014 Agreement No. NCA8384.0 (a) Project Developer will obtain, at its expense, all permits and licenses, bonds, and other necessary legal authority, pay all fees, and comply with all federal, international (if applicable), state and local laws, ordinances, rules, regulations and orders applicable to Project Developer or Project Developer's performance hereunder including, the Communications Act and orders of the Federal Communications Commission. (b) Project Developer shall notify Century Link in writing if it, or any of its employees, agents or subcontractors, believes that any part of the Work or any requirements contained in any of the Documentation violates any law. (c) Project Developer agrees to adhere to Project Developer's code of conduct. 14.2 Remedies; Future Projects: No remedy specified in this Agreement will limit either Party's rights and remedies arising in connection with the Agreement, at law or in equity. Participation by either Project Developer or Century Link in the Project pursuant to this Agreement shall not be construed as an agreement to participate in any future projects. 14.3 Records and Audits: Project Developer will maintain complete and accurate records with respect to the Work, including all charges associated with this Agreement and the portion of the Work performed by Subcontractors, in accordance with generally accepted accounting principles, for 72 months from the date of its termination or expiration. Century Link, or its designee, may inspect, audit and make copies of such records, for Century Link's retention, on reasonable notice. 14.4 Assignment and Delegation: The rights and obligations of each party will be binding upon and inure to the benefit of its successors and permitted assigns. Neither Party may assign or delegate its rights or obligations under this Agreement (including its Schedules), in whole or in part, without the prior written consent of the other Party . Any attempted assignment or delegation without prior written consent shall be null and void. Either Party may assign this Agreement (including its Schedules), in whole or in part, without the consent of the other Party: (a) to any Affiliates of that Party, (b) in connection with any merger, consolidation, reorganization or sale of all or any part of its business or assets; or (c) as either Party deems appropriate in connection with any regulatory requirements. 14.5 Notices: Each party will send notices to the addresses stated below each party's signature. Notice will be deemed given: (a) on the 1st day after deposit with an overnight courier, charges prepaid; (b) as of the day of receipt, if sent via first class U.S. Mail, charges prepaid, return receipt requested; and (c) as of the day of receipt, if hand delivered. 14.6 Advertising; Publicity: Neither Party will use the other Party's name, marks, codes, drawings or specifications in any advertising, press release, promotional effort or publicity of any kind without prior written permission. 14.7 Waiver: Any waiver by either party of any rights hereunder or of a breach of any provision of this Agreement will not constitute a waiver of any other breach of that or any other provision of this Agreement. Any waiver must be in writing. 14.8 Modifications or Amendments; Interpretation: Any modifications or amendments to this Agreement must be in writing and signed by both parties. The term "including" in this Agreement means by way of example, not limitation. Headings and subheadings used in this Agreement are for convenience only, and have no substantive meaning. This Agreement will not be construed against the drafting party. Project Developer has read and carefully considered the terms of this Agreement, and agrees, after opportunity to consult with legal counsel, that the terms and conditions of the Agreement are fair and reasonable. Page 6 Copyright © Qwest. All Rights Reserved CONFIDENTIAL 8/2014 Agreement No. NCA8384.0 14.9 Severability: The determination that any provision of this Agreement is invalid or unenforceable will not invalidate this Agreement, and this Agreement will be construed and performed in all respects as if such invalid or unenforceable provision was omitted insofar as the primary purpose of this Agreement is not frustrated. 14.10 Force Majeure: Neither party will be liable to the other party for any delay or interruption of performance resulting from causes beyond its reasonable control. Upon any force majeure, either party may elect to terminate this Agreement or any Schedule or Order or to suspend the Work upon written notice. 14.11 Entire Agreement: This Agreement and all Schedules, exhibits, amendments, documentation, and specifications referenced in those documents, contain the entire understanding between the parties with respect to the subject matter and supersede all prior oral and written understandings, arrangements and agreements between the parties relating thereto. 14.12 Survival: The following provisions of this Agreement regarding "Representations and Warranties "; "Confidential Information "; "Indemnification "; "Work Product "; "Limitation of Liability "; "Dispute Resolution "; and "Choice of Law" and all others that by their sense and context are intended to survive the expiration of the Agreement will survive. 14.13 Execution: The Agreement may be executed by facsimile copy and /or in any number of counterparts, all of which together will constitute one agreement. Page 7 Copyright © Qwest. All Rights Reserved CONFIDENTIAL 8/2014 Agreement No. NCA8384.0 Signature Block: The parties, intending to be legally bound, have caused this Agreement, including any Specific Terms and Conditions referenced herein, to be executed as of the Effective Date. Century Tel Services Group, LLC Project Developer City of Federal Way 1(9 (Authorized Signature) (Authorized Signature) Doug Patterson Jim Ferrell (Print or Type Name of Signatory) (Print or Type Name of Signatory) Director of Engineering and Construction Mayor (Title) (Title) 3b- / /4, (Execution Date) (Execution Date) Address for Purposes of Notices: Address for Purposes of Notices: 100 NW Kearney Ave Bend, OR 97702 Attention: Shannon Davis Phone No: 541 -388 -5296 Fax No: 541 -385 -0229 E -Mail Address: shannon.davis @centurylink.com Phone No: (253) 835 -2729 Fax No. (253 ) 835 -2709 E -Mail Address: Naveen. Chandra(c�cityoffederalway.com Contractor's Remit to address: 33325 8th Avenue South Federal Way, WA 98003 -6325 Attention: Naveen Chandra, P.E., Street System Project Engineer With copies to CenturyTel Services Group, LLC Law Department — Procurement General Counsel Agreement # NCA8384.0 1801 California St Denver, CO 80202 Page 8 Copyright © ()west. All Rights Reserved CONFIDENTIAL 8/2014 Agreement No. NCA8384.0 Statement of Work No. NCA8384.0 STATEMENT OF WORK NO. NCA8384.SS1.0 to AGREEMENT NO. NCA8384.0 FOR JOINT CONSTRUCTION This Statement of Work is attached to and made a part of the most current amended version of the Agreement. In the event that any term of this Statement of Work conflicts with anything contained in the Agreement, except for terms identified in the Agreement as Non - Waivable Terms, this Statement of Work will control for purposes of this Statement of Work only. Unless otherwise defined herein, all capitalized terms in this Statement of Work will have the meanings set forth in the Agreement. 1. Term. This Statement of Work will commence as of April 1, 2016 (Effective Date) and will continue through December 31, 2018 (Expiration Date). 2. Project Developer or Contractor: City of Federal Way 3. The Work: 3.1 The Project is described on Exhibit A "The Project" to this Statement of Work, and the "Work Schedule" for the Project is described on Exhibit B "Work Schedule." 3.2 Project Developer shall prepare and provide to CenturyLink engineering drawings, specifications and construction standards for the Project (the "Project Developer's Specifications "). Project Developer shall choose and pay all costs associated with the Contractor, if any, and shall provide to CenturyLink at least ten (10) calendar days' prior written notice prior to the beginning of the Project and of the Work. In addition, Project Developer shall provide all necessary excavation, bedding, backfill, select backfill, conduit protection, off -Site disposal, and Site restoration for the placement of the Facilities, along with the coordination of other utilities participating in the Project. Project Developer shall provide all flagging and traffic control, including uniformed officers when required, for any necessary excavation or work performed by Project Developer. Project Developer will notify CenturyLink of any changes in the Work, and will obtain CenturyLink's prior written approval of such changes before commencement of any changes to the Work. 3.3 Within the number of days set forth in the Work Schedule after CenturyLink's receipt of Project Developer's Specification, CenturyLink shall, at no cost or expense to Project Developer, prepare and provide to Project Developer engineering drawings, specifications, construction standards and quantities pursuant to which the Work must be performed by Project Developer ( "CenturvLink's Specifications "). CenturyLink's Specifications shall show in detail the quantity and size of all facilities and equipment to be used by CenturyLink that Project Developer will install pursuant to this Statement of Work. CenturyLink shall notify Project Developer in writing of any changes it wishes to make in CenturyLink's Specifications, and such changes shall be made, if feasible. 3.4 If the Work includes installation of new vaults and /or conduit, the vaults and conduit shall be owned solely by CenturyLink, and CenturyLink shall be responsible for all maintenance in connection with the vaults and conduits except for defects covered by the warranty contained in the Agreement. To the extent that it has the right to do so, upon approval of the Work by CenturyLink, Project Developer shall grant, provide and /or assign to CenturyLink any permits, licenses or approvals required to access, occupy, use or operate the Facilities or any materials or facilities used in connection with the Facilities. 3.5 If the Work involves excavating, Project Developer will ensure that it or its Contractor notifies all utility companies and others who may have underground plant in the vicinity of the Work and that the Contractor obtains appropriate information on the location of all buried cable and utilities prior to performing any Work. CenturyLink will not be responsible for any failure of the Contractor to locate, expose and protect from damage all existing underground facilities, including but not limited to electrical, telephone, water, gas and sewer. In addition to its indemnification obligations contained in the Agreement, if any existing underground or other facilities are damaged directly or indirectly in connection Rev 08/2014 CenturyLink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know. - 1 - Agreement No. NCA8384.0 Statement of Work No. NCA8384.0 with the Work, CenturyLink will not be responsible for the cost to repair or replace all damaged or destroyed facilities. Project Developer will immediately report the damage to the property owner and to CenturyLink and will ensure that no permanent repairs are made unless the consent of the property owner has first been obtained. Repairs will be made within forty -eight (48) hours after receiving permission from the property owner, unless otherwise agreed to by CenturyLink. At CenturyLink's sole option, CenturyLink may elect, rather than having Project Developer make any repair to or replace any of CenturyLink's damaged facilities, to have the repair made by CenturyLink's employees or contractors. If CenturyLink or its contractor performs the repair, CenturyLink will invoice Project Developer for CenturyLink's reasonable and documented costs, including without limitation labor costs, and Project Developer will pay CenturyLink for such costs within forty -five (45) calendar days after receipt of an invoice. 3.6 Project Developer will be responsible for providing all traffic control associated with the installation of Joint Utility Trench and all facilities installed under this agreement, only for the work done by the Project Developer's Contractor. 3.7 Project Developer shall obtain any and all licenses, permits and approvals required for the Work. 3.8 Project Developer agrees that the Work will be performed in accordance with all applicable federal, state, and local laws, rules and regulations and the requirements of whoever owns or has jurisdiction over the rights -of -way in which the Work is to be performed. 3.9 Century Link shall have the right at all times to observe and inspect the performance of the Work. 3.10 To the extent that performance of the Work requires the use or installation of any materials, Century Link and Project Developer will agree in writing as described in Exhibit B Work and Work Schedule who will supply any materials. The materials will be new and shall be of the specific type designated by Century Link. 3.11 Ownership of any materials or equipment supplied by Contractor will transfer to Century Link upon receipt by Contractor of payment for the Work by Century Link. 3.12 Century Link and Project Developer shall maintain continued coordination regarding the Project, and Project Developer shall ensure that the Contractor also participates in the coordination. This coordination shall include but not be limited to a pre- construction meeting. Project Developer shall be responsible for the scheduling of these meetings. 3.13 Project Developer will be responsible to Century Link for acts and omissions of Project Developer's and the Contractor's employees and subcontractors and each of their agents and employees, and any other persons performing portions of the Work. 4. Completion of the Work: Project Developer shall notify Century Link within ten (10) calendar days after completion of the Work and shall deliver to Century Link "as- builts" for the Work if applicable. Upon receipt of the notification and the as- builts, Century Link shall have ten (10) calendar days to inspect the Work and the as- builts and to accept or reject the Work and the as- builts (specifying, if rejected, any reasonable objection or deficiency) by delivery of written notice to the City. Project Developer will, at its own expense, correct the problem within ten (10) calendar days after receipt of CenturyLink's notice. The foregoing procedure will be repeated until CenturyLink finally approves the Work and the as- builts. If CenturyLink fails to reject the Work or as- builts within the ten (10) day period set forth above, the Work and as- builts shall be deemed accepted by CenturyLink. 5. Changes: If conditions or circumstances require a change in the Project or the Work, each party shall agree in writing to any changes, including without limitation payment responsibilities, prior to commencement of the Work or the changes. Neither party shall be responsible for any changes to the Work (including without limitation payment responsibilities) made without its prior written consent 6. Payment for the Work /Fees: Rev 08/2014 CenturyLink Confidential and Proprietary . Disclose and distribute solely to those individuals who have a need to know. -2- Agreement No. NCA8384.0 Statement of Work No. NCA8384.0 In consideration for performance of the Work and for the other promises and covenants contained in this Agreement, Century Link agrees to pay to Project Developer the amount set forth on an exhibit to the Schedule (the "Payment ") in accordance with the Exhibit C "Work Price Schedule" to the Schedule (the "Payment Schedule "); provided, that Century Link shall not make any final payment to Project Developer until Century Link has approved the Work. 7. Project Managers: Century Link: Project Developer: Jason Tesdal, CPMA Naveen Chandra, P.E. 23315 66th Ave S 33325 81h Avenue South Kent WA 98032 Federal Way, WA 98003 (206) 345-3488 (253) 835-2729 Rev. 08/2014 CenturyLink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know. - 3 - Agreement No. NCA8384.0 Statement of Work No. NCA8384.0 The parties, intending to be legally bound, have caused this Statement of Work to be executed on the dates set forth below. Century Tel Services Group, LLC Project Developer City of Federal Way (1.Q.7.5;" (Authorized Signature) (Authorized Signature) Doug Patterson Jim Ferrell (Print or Type Name of Signatory) (Print or Type Name of Signatory) Director of Engineering and Construction Mayor (Title) (Title) Execu iorl Date (Execution Date) Rev 08/2014 CenturyLink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know. - 4 - Agreement No. NCA8384.0 Statement of Work No. NCA8384.0 EXHIBIT A THE PROJECT The City of Federal Way proposes to provide a joint utility corridor for the installation of underground facilities required to facilitate relocation of existing aerial and underground facilities for the Pacific Highway So. HOV Lanes Phase V project. The joint utility corridor will be located along the east side of Pacific Highway So. from approximately south of South 356th Street to approximately South 340th/16 Avenue as noted on Century Link design E.732028 which has been incorporated into the City's design plans for the project. Rev 08/2014 CenturyLink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know. - 5 - Agreement No. NCA8384.0 Statement of Work No NCA8384.0 EXHIBIT B THE WORK AND THE WORK SCHEDULE The prorated design cost for Century Link related Joint Utility Trench Cost is shown in Exhibit "D -3). The City's contractor will excavate a trench and install approximately 16,500 lineal feet of Century Link provided conduit in various duct configurations in the joint utility corridor in accordance with Century Link design E.732028. The City's contractor will excavate for and install approximately Seven (7) numbers of "4484TA" type concrete vaults and Three (3) numbers of "264TA" type concrete hand holes. All facility installation will be in accordance with the Century Link design E.732028 which is incorporated into the City's Pacific Highway So. HOV Lanes Phase 5 project design. The City's contractor will be responsible for all excavation including haul off and disposal of spoil, shoring, backfill including imported backfill material, compaction, restoration, including hard surface removal and replacement and labor to install Century Link's facilities. All conduit placed by the City's contractor must be proofed by passing a 3.75 inch outside diameter cleaning mandrel through each 4 inch conduit and placement of a Century Link provided polyethylene measuring tape in each conduit. Conduit that cannot be proofed by means of passing a 3.75 inch cleaning mandrel through the conduit will not be accepted by Century Link until such time as any necessary repairs are made and successful conduit proofing is completed. Vaults installed by the City's contractor must be set to final grade and all vault sections, riser rings and vault entrance covers must be sealed using conceal mastic provided by Century Link with the vault. After installation of all conduit, vaults and pedestals, proofing of conduit, and acceptance of installations by the Century Link field representative, Century Link will provide and place all cable in newly placed conduit and perform cable splicing and service cutover. Century Link will require 120 working days to pull cables, splice and cutover customer service and remove existing temporary aerial facilities and poles from the completion of installation, proofing and acceptance of all conduit, and vaults. Rev 08/2014 CenturyLink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know. -6- Agreement No. NCA8384.0 Statement of Work No. NCA8384.0 EXHIBIT C WORK PRICE SCHEDULE Century Link will pay the City a unit rate as noted in Schedule E (included as Exhibit "D -1" of this agreement) of the City's bid opening results for the Pacific Highway So. Phase 5 HOV Lane Project for the installation of 4 -inch conduit in City provided joint utility trench on a per lineal foot basis. CenturyLink will pay the City a unit cost rate as noted in Schedule E (included as Exhibit "D -1" of this agreement) of the City's bid opening results for the Pacific Hwy So HOV Lanes Phase 5 HOV lane project for the installation of of "4484 TA" type vaults on a per vault installed basis. CenturyLink will pay the City a unit cost rate as noted in Schedule E (included as Exhibit "D -1" of this agreement) of the City's bid opening results for the Pacific Highway So. Phase 5 HOV Lane project for the installation of "267 TA" type hand holes on a per hand hole installed basis. CenturyLink will pay the City for it's proportionate prorated share of mobilization and field office for Joint Utility Trench as lump sum items as noted in Schedule A of the City's bid opening results and documented in EXHIBIT "D -2" of this agreement. CenturyLink will pay the City for it's proportionate share of traffic control costs (one sixth of total traffic control supervisor as lump sum, flagger and spotter hours, other traffic control labor hours, other temporary traffic control as lump sum, construction signs class per square feet, Sequential arrow sign hours, portable changeable message sign (PCMS) per unit, operation of PCMS sign hours and off -duty uniformed police officer hours) for Joint Utility Trench as noted in Schedule A of the City's bid opening results and documented in EXHIBIT "D -2" of this agreement. CenturyLink will pay the City for it's proportionate share of Structure Excavation Class B Incl. Haul per cubic yard for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City's bid opening results and documented in Exhibit "D -2" of this agreement. CenturyLink will pay the City for it's proportionate share of Shoring per square feet for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City's bid opening results and documented in Exhibit "D -2" of this agreement. CenturyLink will pay the City for it's proportionate share of Pit Run Sand per cubic yard for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City's bid opening results and documented in EXHIBIT "D -2" of this agreement. CenturyLink will pay the City for it's proportionate share of Gravel Borrow Incl. Haul per ton for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City's bid opening results and documented in EXHIBIT "D -2" of this agreement. CenturyLink will pay the City for it's proportionate share of Compact Density Fill (CDF) per cubic yard for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City's bid opening results and documented in EXHIBIT "D -2" of this agreement. CenturyLink will pay the City for it's proportionate share of Crushed Surface Base Course (CSBS) per ton for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City's bid opening results and documented in EXHIBIT "D -2" of this agreement. CenturyLink will pay the City for it's proportionate share of 1/2" Hot Mix Asphalt (HMA) per ton for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City's bid opening results and documented in EXHIBIT "D -2" of this agreement. CenturyLink will pay the City for it's proportionate share of 1" Hot Mix Asphalt (HMA) per ton for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City's bid opening results and documented in EXHIBIT "D -2" of this agreement Rev. 08/2014 CenturyLink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know. •7- Agreement No. NCA8384.0 Statement of Work No. NCA8384.0 Century Link will pay the City for it's proportionate share of Temporary Pavement per ton for Joint Utility Trench at the unit cost rate as noted in Schedule A of the City's bid opening results and documented in EXHIBIT "D -2" of this agreement. All unit cost bid item costs include sales tax. Century Link will pay the City for it's proportionate share of construction management at the rate of 15% of the construction subtotal of the above unit costs as documented in EXHIBIT E. Century Link will pay the City for it's proportionate share of contract administration at the rate of 5% of the project cost as documented in EXHIBIT E. Actual final cost will be calculated based on actual proportionate share of trench occupied by Century Link conduit, actual lineal footage of conduit, actual number of vaults, hand holes and pedestal installed by the City's contractor and summarized on Exhibit E (Estimated Project Costs) and as described in Exhibit B of this statement of work. Costs presented are estimates only, actual costs incurred will be used to calculate final cost of utility relocation portion for reimbursement to the City. Total estimated net cost to Century Link for facility installation is $404,539.00. Total actual cost is not to exceed $404,539.00 without prior written approval from Century Link pursuant to section 6 of this statement of work. The costs noted in this exhibit are estimates only. Actual costs incurred based on unit rates as noted in Schedule "A" and "E" of the City's bid opening results will be used to calculate final cost of utility relocation portion for reimbursement to the City. The total actual not to exceed cost does not relieve Century Link from its responsibility for reimbursing the City for legitimate, substantiated delay claims from the City in the event that Century Link fails to perform under the terms of the agreement or fails to complete facility relocation as detailed in exhibit B of this statement of work. Century Link will pay the City within 45 days of receipt of a correct invoice. Rev 08/2014 CenturyLink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need to know. -8- EXHIBIT "D -1" PACIFIC HIGHWAY SOUTH HOV LANES PHASE V- CENTURYLINK ESTIMATED COSTS FOR CONDUIT AND VAULT No. Sect. Item Qty Unit Unit Cost Total SCHEDULE E - CENTURYLINK UNDERGROUNDING El 8 -32 'Install Conduit 4In. 16,500 LF $ 4.00 $ 66,000.00 E2 8-32 install Vault 4484 -TA 7 EA $ 1,000.00 $ 7,000.00 E3 8 -32 Install Handhole 264TA 3 EA $ 1,000.00 $ 3,000.00 E4 1 -04 Unexpected Site Changes 1 EST $ 5,000.00 $ 5,000.00 Schedule E Cost $ 81,000.00 Note: Conduit Sweeps are not measured but will be included in the final billing. CenturyLink Confidential and Proprietary. Disclose and distribute solely to those individuals who have a need•to know. -9- N (TOTAL TRENCH COSTS g22'. S«e OS'43@28 g8R,S Sn fn;a v-28S N O SO E�H O-H ww HOw HOH pF wO - 0 H w B w www O O NwQH w O M F pp QQ 1- m N O n n f v- e! O I m R SR S A 8 S S S S O p n t S m S S n 2 8 N Q NN TEigii-Q NSmOga."OMW Vii OOwwMN2E N O m N M m 4 0 m O n m m Ol = w ,� w w H N H N H „ H w _ w Cj w w w w w H H M NHw w m«mSn amDO n SSSNSSO Mg38OSp(N'1S OS °� Cmp a m N M S n N V N H W M M M 6 S N W N N W N 1 g w V = O Mw m O m m m N O n m M m m W U m h S N O N N S m S 2 m S O$ n S 8 8 r a d m S O 8 S A m am 44 n 3Og'roo zl mwwu4ZSzr, MmoawwuISSI O w w W w w H w M M w w w w w W H w W N N N w a omm a D OOO m V N cV Sm S S S ,cg S S N enO s11 NOn 2S7 0 S M t O t i G Vm O www h w w h N mpms N ow 0-a.HVwaauagy8 HMKwww www y N r 0 a Yn1, pp�1 N N f T N S Q N O� 8 8 8 2 8 8 i 2 Umf m N O 2 i 8 8 g a O N N w24 W A V NN�0000 W OYINN gi C1NQQpgrw80 w w w w w w w W w H .0. w N (7 O e m C C Omm a WA pmfmV pS iWEi,$pSSNO pS �O pQ� �O W SSnafOV SN '4 n SONNmm8NmS SY HIAN,Mw^MwSNMwwDOMwwN m 4 N n N 4 n O amwwHww�w,wwww,. `o c a w w w w in w e,2 <m QN ,,T. N0000SSN V ONITBMSS:2 8* Mw H H W H w w W .8..g M H W W H N 8 N M N K W a e m 02418SO .722 ap8 88,18p pSoN yOy .82�QppOOS484 S 824;1' Nrz Rpa NMm00N 8. S.Omfmlf7 Nw 2424w. mwwmn ai[1 tnl4n n M O o5 wrdiw ww xawwww«Mi w w.wwww ww w ama40 mOmmmO M 00S^OO2O.4ntoy80N88Y U m N a N O a p N O O m N a N O C C O OO G G -= m :"Ei nvmin1;"gimvaimNOwg5'iawgina u`gaiumi»wnnwm �' S N 'HH Hf.j wf.jw� 'w Cj � Njw uj 7 p w w H wwwfM H Nw MwH w MH °U C M N 4 N Mg OO o N m a 8 m N O 8 S N S S oN m M m M m p p a m 0 ur O m O O m h q 0 w W N N M N N w g N N N O VH M ,t O (V f0 2 w w w 0 3 d O o� r L 0 d6eeaE44ggeeeea°eeeee eeeeeeee ° L 2cNr 244- aanaMaa00024002�Mmmm$oNOo act m m N N N N N M M N N L S m c NFN K J i °°`o W V N N Qn �oS V BNma gjS Ooile- FliOilAc3n V NgNm 2Om§ a == rJ c10 /- FOI N N N N N V O V V V V 4 4 0 0 0 4 O O 4 4 4 N N N O O N .-. 0 - O U o 5 32 E 4 U 0 U U o U a9 2 N N N N N O V V V V V V V V 4 4 4 N N N N C CO U U w E tomb ay So= w° m c ao 45 w °c mo w2 0. U N 7 .2 0.0 412--.4.. 2.°p.. q. r. N 0♦p y Z. O N N F C01 (M0 M N n O N.4 N m m m 27 1 c � t�� " O W � =0000.00.000.00.000.000.0.0.0.0 'eS m a` fn 0zazzzz.zzzzz'zzziizzizzZ ' zzzziza uction SIgs +Sequential Arrow Sign+PCMS+Operation of PC EXHIBIT D -3 HOUR AND FEE ESTIMATE FOR UTILITIES N 3 5 2 Eft O N ry O ry m _O O N Overhead Profit Effectiv 1 145 78% 30% 2 h N go, 44 D 6.029 1,0351 S 1.926. 396 S w» M» m' b r. OS N tl H .2 0 O P. • • O O (Mork Element 3- Mapping 0 0 Off .- r1 O O O O 0 0 7 0 0 O N o 0 $te o. °0 00 0 o gm 48 0 40 40 0 o 0 60 164 r 0 0 0 0 •g m y A g O O 0 0 N Senior Engineer $ 6490 0 services (Prorated O i O O O t no coordination 0 0 c b to 0 F E w ? tiP- e t a..E 1 if E 1 mP ii ° n ,,j a IN ma N 3 5 2 Eft Agreement No. NCA Statement of Work No. NCA Exhibit E Estimated Project Costs ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR CENTURYLINK JOINT UTILITY TRENCK (JUT) WORK ESTIMATED DESIGN COST KPG, (Exhibit D -3) $13,908 ESTIMATED CONSTRUCTION COSTS Conduit and Vault- Schedule E (Exhibit "D -1 ") $81,000 Share of Estimated Joint Trench Cost (Exhibit "D -2 ") $216,095 Subtotal Construction Including Sales Tax $297,095 Construction Contingency (10% of Construction cost.) $29,709 Construction Management (15% of Construction cost.) $44,564 ESTIMATED TOTAL CONSTRUCTION COST $371,368 ESTIMATED PROJECT COST (Design and Construction) $385,276 Project Administration (5% of project cost) $19,263 TOTAL ESTIMATED COST $404,539 Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of CenturyLink's Joint Utility Trench Work for reimbursement to the City. CenturyLink Confidential and Proprietory Disclose and distribute solely to those individuals who have a need to know - 12 - Rev. 08/2014 COUNCIL MEETING DATE: April 19, 2016 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HENDERSON PARTNERS RETAINAGE RELEASE POLICY QUESTION: Should the City accept the 1st phase Town Square Park work with Henderson Partners as complete and authorize staff to release their Retainage? COMMITTEE: PRHSPS Committee MEETING DATE: April 12, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Deputy Director DEPT: Parks History: Henderson Partners performed work on the 1st phase park improvements including; demolition, drainage, soil placement, grading, irrigation, and some electrical conduit placement in the amount of $541,366.37. Prior to the release of Retainage on Public Works projects, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary: $541,366.37 - Town Square Park lst phase work; 5% Retainage held from this project amount. = $21,396.83 Options Considered: 1. Accept Town Square Park 1 st phase work as complete and release $21,396.83 retainage to Henderson Partners. 2. Do not accept the work as complete, and provide direction to staff. _ _.....___....._.._— ......................._...____..__.-.... ........_._.........._......._. MAYOR'S RECOMMENDATION: The Mayor recommends Council accepts Town Square Park 1st phase work as complete and authorize staff to release retaina e in the amount of $21,396.83 to Henderson Partners. MAYOR APPROVAL: 3 � ' 'Or , DIRECTOR APPROVAL: Co matte ounc / Committee CHIEF OF STAFF: 11l)t' 1 %6 0.0V1 z f1 Committee Council COMMITTEE RECOMMENDATION: I move to forward the acceptance of the Town Square Park lsr phase work as complete and forward the authorization of staff to release their $21,396.83 retainage to the April 19, 2016 City Council consent agenda for approval. •' I �_ V ( ���� ��19 • F� 4 1). ttee Chair Committee Me .er -* Com I'1=- Member PROPOSED COUNCIL MOTION: "I move to accept the Town Square Park 1st phase work as c. plete and authorize staff to release retainage in the amount of $21, 396.83 to Henderson Partners" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: April 19, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5h SUBJECT: MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF FEDERAL WAY AND ST. FRANCIS HOSPITAL POLICY QUESTION: Should City Council approve a Memorandum of Understanding (MOU) between the City of Federal Way and St. Francis Hospital regarding the provision of services to the indigent in connection with the Hospital's participation in the Federal 340B discount drug program, and the authorize the Mayor to execute the MOU and related certification? COMMITTEE: PRHSPSC MEETING DATE: 04/12/2016 CATEGORY: Consent City Council Business Ordinance Resolution ❑ Public Hearing n Other STAFF REPORT BY: Jeffrey Watson DEPT: CD Attachments: Memorandum of Understanding (MOU) between the City of Federal Way and St. Francis Hospital, and Certification of Contract St. Francis Hospital desires to participate in the drug discount program established under Section 340B of the Public Health Services Act (the "340B Program "). In order to participate in the 340B Program, St. Francis Hospital must enter into a contract with a unit of state or local government, pursuant to which St. Francis Hospital commits to provide healthcare services to low- income individuals who are not entitled to benefits under Title XVIII of the Social Security Act, nor eligible for assistance under any State plan pursuant to Title XIX of the Social Security Act. Additionally, the City and the Hospital must complete a certification form stipulating that the required contract is in place. Options Considered: 1. Approve the MOU between the City of Federal Way and St. Francis Hospital and authorize the Mayor to execute the MOU and related certification. 2. Do not approve the MOU and provide direction to staff. MAYOR'S RECOMMEND TION: Option 1 MAYOR APPROVAL: CHIEF OF STAFF: DIRECTOR APPROVAL: ommittee Initial /Date Counc Initial / e COMMITTEE RECOMMENDATION: I move to forward the MOU to the April 19, 2016 Council BersiMMess agenda for approval. E'""`S�+`� C ittee Char Committee ember Committee Member PROPOSED COUNCIL MOTION: "I move approval of the MOU between the City of Federal Way and St. Francis Hospital and authorize the Mayor to execute the MOU and related certification." (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 # MEMORANDUM OF UNDERSTANDING BETWEEN ST. FRANCIS HOSPITAL AND THE CITY OF FEDERAL WAY, WASHINGTON THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made this day of April, 2016, by and between the undersigned representatives of the CITY OF FEDERAL WAY, a Washington Municipal Corporation ( "City "), and ST. FRANCIS HOSPITAL, 34515 9th Avenue South, Federal Way, Washington. RECITALS: WHEREAS, St. Francis Hospital is a Washington not - for - profit hospital that provides a disproportionate share of healthcare services to the Medicare population in addition to supporting many programs that benefit the indigent, uninsured, or underinsured population in the State of Washington; and WHEREAS, St. Francis Hospital desires to participate in the drug discount program established under Section 340B of the Public Health Services Act (the "340B Program "); and WHEREAS, in order to participate in the 340B Program, St. Francis Hospital must enter into a contract with a unit of state or local government, pursuant to which St. Francis Hospital commits to provide healthcare services to low- income individuals who are not entitled to benefits under Title XVIII of the Social Security Act, nor eligible for assistance under any State plan pursuant to Title XIX of the Social Security Act; and WHEREAS, the City of Federal Way and St. Francis Hospital agree that it is in the best interest of Federal Way citizens if St. Francis Hospital continues to provide healthcare services to the Medicare population, the indigent, the uninsured and the underinsured; and WHEREAS, St. Francis Hospital desires to make a formal commitment to the City of Federal Way and its citizens that it will continue to provide these healthcare services; and WHEREAS, the City of Federal Way agrees to accept such commitment on behalf of the Citizens of Federal Way. NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed and covenanted, by and between the parties to this Agreement, as follows: 1. Commitment of St. Francis Hospital to Provide Indigent Care. Until this MOU is terminated pursuant to Section 4 below, the City and St. Francis Hospital agree that St. Francis Hospital will continue its historic commitment to the provision of healthcare to indigent, uninsured, and underinsured residents in the City. In 2015, this commitment totaled approximately $7 Million in lost charges. Pursuant to this commitment, it is the intention of St. Francis Hospital that indigent care provided during the term of this MOU will range Page 1 of 4 between $5 Million and $7 Million. In any event, St. Francis Hospital will assume that all patients will receive necessary care, as required by law, regardless of ability to pay. 2. Acceptance and Acknowledgement of City of Federal Way. a) The City accepts the commitment of St. Francis Hospital set forth above; b) The City has executed a certification form, attached hereto, which acknowledges that the healthcare services provided by St. Francis Hospital are being provided to low- income individuals who are neither entitled to benefits under Title XVIII of the Social Security Act, nor eligible for assistance under any State plan pursuant to Title XIX of the Social Security Act; and c) The City authorizes St. Francis Hospital to submit the attached certification in support of St. Francis Hospital's application to enroll in the 340B program. 3. Representations of St. Francis Hospital. St. Francis Hospital represents that as of the date of this MOU: a) St. Francis Hospital constitutes a corporation duly organized and validly existing in good standing under the laws of the State of Washington with the corporate power and authority to enter into and perform its obligations under this MOU; b) St. Francis Hospital is a tax- exempt corporation under Section501(c)(3) of the Internal Revenue Code of the United States, as amended and under applicable laws of the State of Washington; and c) The healthcare services St. Francis Hospital provides hereunder are being provided to individuals who are not entitled to benefits under Title XVIII or eligible for assistance under any State plan pursuant to Title XIX of the Social Security Act. 4. Term and Termination. The term of this MOU shall commence on the date written above and shall continue until terminated by either party upon not less than sixty (60) days prior written notice to the other. St. Francis Hospital agrees to notify the City immediately if it ceases to provide the healthcare services committed to under this MOU. This MOU will terminate immediately if St. Francis Hospital ceases to provide the healthcare services committed to under this MOU. The City of Federal Way and St. Francis Hospital reserve the right to immediately terminate this MOU if St. Francis Hospital ceases to be eligible for the 340B Program. 5. Notice. All notices required or permitted to be given under this MOU shall be deemed given when delivered by hand or sent by registered or certified mail, return receipt requested, addressed as follows: Send to: City of Federal Way Attention: Mayor's Office 33325 8h Ave S Federal Way, WA 98003 Page 2 of 4 Send to: CHI Franciscan Health Attention: Mike Fitzgerald 1145 Broadway, Suite 1200 Tacoma, WA 98402 6. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of Washington (excepting any conflict of laws provisions which would serve to defeat application of Washington substantive law). [Signature page follows] Page 3 of 4 IN WITNESS WHEREOF, St. Francis Hospital and the City have executed this Agreement as of the day and year first written above by their duly authorized representatives. CITY OF FEDERAL WAY ATTEST: By: Jim Ferrell, Mayor City Clerk, Stephanie Courtney, CMC DATE: APPROVED AS TO FORM: ST. FRANCIS HOSPITAL By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. City Attorney, Amy Jo Pearsall COUNTY OF _ ) On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires Page 4 of 4 Department of Health and Human Services, Health Resources and Services Administration, Healthcare Systems Bureau OMB No. 0915 -0327; Expiration Date: 10/31/2015 OFFICE OF PHARMACY AFFAIRS (OPA) CERTIFICATION OF CONTRACT BETWEEN PRIVATE, NON - PROFIT HOSPITAL AND STATE /LOCAL GOVERNMENT TO PROVIDE HEALTH CARE SERVICES TO LOW INCOME INDIVIDUALS To demonstrate that the hospital meets the statutory definition of covered entity under section 340B(a)(4)(L)(i) as a private non - profit hospital which has a contract with a State or local government to provide health care services to low income individuals, this certification must be completed and signed by both parties. Name of Hospital City, State, Zip Pursuant to the requirement of Section 340B of the Public Health Service Act (42 U.S.C. 256b), I certify that a valid contract (DSH500141) is currently in place between the private, non - profit hospital named above, and the State or Local Government Entity named below, to provide health care services to low income individuals who are not entitled to benefits under Title XVIII of the Social Security Act or eligible for assistance under the State plan of Title XIX of the Social Security Act. In addition, the authorizing official certifies that when this contract is no longer valid, appropriate notice will be provided to the Office of Pharmacy Affairs. The undersigned represents and confirms that he /she is fully authorized to legally bind the covered entity and certifies that the contents of any statement made or reflected in this document are truthful and accurate. Signature of Hospital Authorizing Official Date Name and Title of Authorizing Official (e.g., CEO, CFO, COO) (please print or type) Phone Number Ext. E -Mail Address Signature of State or Local Government Official Date Name of State or Local Government Official (please print or type) Title and Unit of Government Address Phone Number Ext. E -Mail Address This registration form must be completed and submitted according to the established deadlines that are published on the OPA website (www.hrsa.gov /opa). COUNCIL MEETING DATE: April 19, 2016 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PLAYGROUND EQUIPMENT FOR AGES 2 -5 FOR TOWN SQUARE PARK PLAYGROUND POLICY QUESTION: SHOULD THE CITY ISSUE A PURCHASE ORDER IN THE AMOUNT OF $ 37,228.51 WHICH INCLUDES %10 CONTINGENCY TO KCDA FOR THE SUPPLY AND INSTALLATION OF PARK COMMISSION AND COMMITTEE APPROVED 2 -5 YEAR OLD PLAYGROUND EQUIPMENT FOR TOWN SQUARE PARK? COMMITTEE: PRHSPS MEETING DATE: April 12, 2016 CATEGORY: Consent n Ordinance 0 City Council Business ❑ Resolution Public Hearing Other STAFF REPORT BY: John Hutton, Parks Director DEPT: Parks Background: Staff worked with the Parks and Recreation Commission and the Parks, Recreation, Human Services and Public Safety Committee in April of 2016 to select specific playground equipment for 2 -5 year old children to be installed at Town Square Park. This equipment called the Activo Bambino has great play value and numerous activities for younger children. There will also be two spring toys for young children to enjoy. This play feature will be supplied and installed by N.W. Playground who we have worked with in the past. Options Considered: 1. Authorize the award of a purchase order to KCDA for the purchase and installation of play equipment in the amount of $37,228.51 which includes %10 contingency for 2 -5 year olds at Town Square Park Playground? 2. Do not authorize the award of a purchase order to KCDA in the amount of $37,228.51 and provide staff direction. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: CHIEF OF STAFF: m • ttee Initial/Date „? 1.e./ICA( Comm Initial at Co cil Initial/Date /AA c Council Initial/Dat DIRECTOR APPROVAL: 44 lnitial/Date COMMITTEE RECOMMENDATION: I move to forward the authorization of an award for playground equipment for 2 -5 year olds at Town Square Park in the amount of 37,228.51 which includes %10 contingency to Northwest Playgrounds and authorize a PO to be issued to KCDA and forward to the April 19, 2016 Full Council eei'eiwa- agenda for approval. b.nS; ne—sS PROPOSED COUNCIL MOTION: "I move approval of authorizing an award for the supply of playground equipment for 2 -5 year olds at Town Square Park in the amount of 37,228.51 which includes %10 contingency to Northwest Playgrounds and authorize a PO to be issued to KCDA” (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 # Funky Animals & Spring Riders Play springs to life when you add sound. Old favorites get a harmonious twist with our Spring Riders and Funky Animals. Each innovative, spring -based design features matching music and sound effects that come to life when a player hops on. Cars beep. Cows moo. And trains choo -choo. Ergonomically designed with youngsters in mind, Spring Riders and Funky Animals are built to last. The completely secure electronics can run up to a year on just four standard D -cell batteries. Funky Animals • Each animal makes the appropriate sound and plays music when a child interacts and plays on it. • Overall height, handholds and footholds are lower to specifically accommodate young children, ages 2 -5 years old. Even the animal's head is lower, so it's a more ergonomic fit. • Designed for one child at a time. The c- spring coil bounces back and forth for a thrilling, but safe, ride. • Available with and without sound. • Colors are as shown. Spring Riders • Our new, electronic version of classic Spring Riders will have children's imaginations soaring! • Available in your choice of five designs: boat, car, airplane, train and truck. • Each rider makes the appropriate noises and music when a child interacts and plays on it. For example, the car will beep and its engine will rev up. Each rider also has its own theme music. • Overall height and footholds are lower to specifically accommodate young children, ages 2 -5 years old. • Designed for up to two small children at one time. The standard coil bounces back and forth for an exhilarating, but safe, journey. • Available with and without sound. • Colors are as shown. Page 1 of 1 Lewisburg, PA I 800.233.8404 I +1.570.522.9800 I Playworld.com PLAyWORLD The world needs play. Town Square Sales Representative Issaquah, WA 98027 Northwest Playground Equipment. Inc. Plt :,414 I.swush. It 1 480:' ux�. nupingn ktrulk inl ; 1 Equipment Manufacturer s Representative '4 'r k • COUNCIL MEETING DATE: April 19, 2016 ITEM #: 6b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PLAYGROUND SAFETY SURFACE FOR TOWN SQUARE PARK PLAYGROUND POLICY QUESTION: Should a purchase order (PO) in the amount of $ 99,044.68 which includes %10 contingency be approved with KCDA and authorization given to enter into a contract with FieldTurf to supply and install playground safety surface at town Square Park? COMMITTEE: PRHSPS MEETING DATE: April 12, 2016 CATEGORY: Consent (1 Ordinance 1 1 Public Hearing City Council Business ❑ Resolution 1 1 Other STAFF REPORT BY: John Hutton, Parks Director Options Considered: 1. Authorize the approval of a PO in the amount of $99,044.68 which includes %10 contingency with KCDA and contract with FieldTurf to supply and install playground safety surface at Town Square Park Playground? 2. Do not approve a PO in the amount of $99,044 and provide staff direction. DEPT: Parks MAYOR'S RECOMMEND ON: Option 1 -4V©. itte= • Initial /f)a MAYOR APPROVAL: CHIEF OF STAFF: ouncil . Initial/Dat ply I 'lal':te Co'' i ee I ial/Date DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward the recommendation to approve a PO in the amount of $99,044.68 to KCDA and enter into a contract with FieldTurf to supply and install playground safety surface at Town Square Park Playground to full Council for the April 19, 2016.een,ent agenda for approval. bv■S. r'& Committee Chair Committee ember PROPOSED COUNCIL MOTION: "I move approval of a PO with KCDA in the amount of $99,044.68 and entering into a contract with FieldTurf to supply and install the safety surface at the playground at Town Square Park" (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: April 19,2016 ITEM#: .............. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED SETTLEMENT AGREEMENT REGARDING THE NORMAN AND SARAH GLIMBERG PUBLIC RECORDS ACT(PRA)LAWSUIT. POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE SETTLEMENT AGREEMENT REGARDING THE GLIMBERGS'PRA LAWSUIT? 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 .. .. .. .... .. .. .. .. .... .. ... .. .. .. .. .. .... .... .... .. .. .. .. .. .. ... In February 2016, Norman and Sarah Glimberg filed a lawsuit alleging that the City violated the state Public Records Act(PRA). Specifically, when they filed a public records request in preparation for another lawsuit, the Glimbergs claim that the City failed to provide six documents that were later produced as part of discovery in the primary lawsuit. Given the potential legal exposure of the case, Christie Law Group was retained to attempt to negotiate a speedy settlement resolution. Plaintiffs have agreed to settle the matter for $15,000 and have signed a stipulation to dismiss the PRA case against the City for that amount. Both outside counsel and the City Attorney's office recommend this resolution as the most cost effective resolution of this matter. Options Considered: 1. Approve the settlement regarding Norman and Sarah Glimberg's PRA claim. 2. Refuse the settlement agreement and rovide staff with direction. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A ,c '/tq0(0 DIRECTOR APPROVAL: Committee Cm cil Initial/Date 111 Initial/Date Initial/Date CHIEF OF STAFF: N/A /1//f■ Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the settlement regarding the Glimbergs'Public Records Act Lawsuit." (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—02/06/2006 RESOLUTION# COUNCIL MEETING DATE: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 7a SUBJECT: 2015 -2016 CARRY FORWARD BUDGET ADJUSTMENT POLICY QUESTION: Should the City Council approve the 2015 -2016 Carry Forward Budget Adjustment? COMMITTEE: Finance, Economic Development and Regional Affairs MEETING DATE: March 22, 2016 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing n City Council Business n Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance Attachments: Ordinance, 2015 -16 Carry Forward Budget Adjustment Exhibits C and C(1), Staff Memo dated April 1 t{, 201 to Options Considered: 1. Approve the 2015 -2016 Carry Forward Budget Adjustment Ordinance as presented. 2. Provide direction to staff on modifications to the 2015 -20I6 Carry Forward Budget Adjustment Ordinance and forward to the full Council at the April 5, 2016 Council Meeting. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: CHIEF OF STAFF: IRECTOR APPROVAL: • Co ittee CounEI COMMITTEE RECOMMENDATION: 1 move to forward the proposed ordinance to First Reading on April 5, 2016. Dini Duclos, Chair Martin Moore, Member Susan Honda, Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (APRIL 5, 2016): I move to forward approval of the ordinance to the April 19, 2016 Council Meeting for adoption. 2ND READING OF ORDINANCE (APRIL 19, 2016): "1 move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 01/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # 5-X CITY OF '.... Federal Way DATE: April 14, 2016 TO: Council Members FROM: Ade Ariwoola, Finance Director SUBJECT: Exhibit C (1) Revision MEMORANDUM Finance Department BACKGROUND I have revised the Exhibit C (1) that was presented as part of the Carry Forward Budget Adjustment Ordinance which had the First Reading at the April 5th, 2016 City Council Meeting. The revised Exhibit C (1) reflects the change of salary amounts for the Council and the Mayor's office. The net change is also reflected in the General Fund Balance. SUMMARY OF ATTACHMENTS • Attachment 1 o Exhibit C (1) presented to the Council with the Ending Fund Balance circled on the right. • Attachment 2 o Revised Exhibit C (1) reflecting the reduction in the Expenditure row of the General Fund and resulting in an increase to the fund balance. • Attachment 3 o A page from the PowerPoint presentation on April 5, 2016 that identifies the salary amounts for the Council and the Mayor. • Attachment 4 o Reconciliation information. CONCLUSION I am asking the Council to consider substituting the revised Exhibit C (1) for the old one before considering a second reading. Attachments: 1 -4 EXHIBIT C (1) 0 Z w re w 2 1- w 1- u- 0 w w c 6 a ? . Z. 1 500,000 I O O O 00 h N Q 00 N m N ^ 0 M 00 © a V, r -. 00 N — h 00 00 O 0 m • • — p O O 00 N m h N O O 40,444 553,357 3,418,340 750,000 $ 6.. 0 V N NI — N , 0 m M h N m N O, N 0., 641,472 1 O Q 00 O 00 Q O 00 O 00 N 00 O O, O 0 m O ,0 00 P m Q 0o O h Q 0 0 o 209.252 5,707,512 I O ^ N 0 r4 2,249,828 I 0 Cr N - 00 - ■ h b 0 s R w '1! h h 0 N N T 'L 0 y 00 00 Q Q O 0, O Q V 00 00 00 h — Q 0 �O 1» 00 M - N N 0 ? b Q O O 0 O 00 O O M 0 O N 3 0` M N N 00 M 00 Q 0" Q 3,545,123 1 0' Q , M T N h ^ ■ Q M 0 r M N .+ M NI N 00 M ri b ■ 00 N M N M 00 07 Q R. T M h M M NO IO h '0 ,O N M O, 1` N N O, N , `h 0" h O M ,O Q O, Yl O M CO V 0, O, e1. b 00 h . M Q e�, M 00 O - 2,894,448 1 O, ,0 ^ a 00 10 00 « N h - O, as M 0. h t� 00 O, V M Vl eV N N — 5157,035,253 I N • Q h O� O, 0 00 00 O, 00 Vryi 'V N N • . . . 14,347 33,056 389,413 1 . b . 1 0 1" 00 IN N M I 3,239,945 1 ln N ./1 IN 00 N , (341,592)1 IN 00 m 0 00 . -. Om, tV . 1 I77394 , , i $ 27,318,374 Prior.4mount 847,842,306 Q O, p O, O s M O 0 ^ 0 h O Q '0 Q 0' 000 m O h d 50,000 1 O m O O N , N h m N N O, T O ,O C 3,545,123 1 o N 00 O 00 N 22,722 m O m 00 N • — , 00 Q m h , m N 00 00 Q M h , O O O O 0 M co O Q O _ N O p S 4-i- O, f: Q — , Cr ,0 m N h C 00 — h O M - IN 00 740,999 I m Q m 0 00 O -' h ^ Vl ■ - h N Cr 0 m .... ^ 2,222,865 IN DD T O, m O, h m 00 O\ ,0 M h 00 of N N - 0, n 00 `O N Q r w Revenue __ Revised S 46,436,079 ipp Q CQ Cr O, O Q 1 1,515,500 1 O M ^ .. ez. ^ ^ M Q , O O O O N ^ Q Vi N N 0 Q h 00 Q N Q h O 00 O .. N 00 M T M N M h CO Vl 0n O, M M O ■ r M N .+ O O O a 500,00(1 1n O Q 00 ..n 00pp Q M f` M .. , 300,000 1 Vl .C., 00 h h A. h T h O V M N N . O O M O O� 00 h T Q V! O h N V O, 924,443 2,185,2441 N Q 00' ^ h 1/r ,0., _ N 543,133 4,206,720 1 Y. N 00 Q N N ..� m en OC ON Co N w Adjustment $ 760,802 h ON m Cr P ■ Q ,O 00 N m 494,223 O ■ O - ,0 ,D re. V 562,650 1 O N ■ ,n U 0. n R ,n „7 1 Vc Prior Amount h 0, st 1 3,990,944 O O N N -. T N O, _ Cr 00 h - ..- m 0 . O O m O O N , — Pe Vl N 0 Q h 00 - Q ,O O• Ni. ,D m O 1 2,597,824 22,722 m O n m N O pp O T ,0 500,000 1 00 m in - N h 127,348 , 300,000 O O O O _ N O O O m V O\ a , O O O m - O O` 1 3,978,328 - N N -. 0 T 924,443 - N — ,0 O N N 0 Q a0 0 O N O ■ _ N m m ■ hi Q 0 O N h b O N R 224,825 1 Beginning, Fund Balance Revised q 00 O 00 ,.r h 0 OC� O 00 .1. 00, N .N+ O N '0 208,857 h P h Q b r O h OM, N •00 O pO O try -, .h. Q �O 00 P O Q Q 00 CO 00 Q - h O ,O re �— 40,4441 384,357 3,085,4731 pp O pG00e N N O, h h h Q • O, 0 _ �. 53,232 I 00 N - f� M M, 0 0 - "I• h 0 ,O O O 00 480,840 1 h• h h h ,O b Q 00 Q T f.; M ,O 00 a M 00 O, N r 0, Q h V 0p 00 M T .M. N ^ ,O V O� h Q N M r 00`0- - h 00 Q r - T CI, N ,M-, N 575,536,8301 Adjustment O h 00 00 N 41 `.'' ,D 00 m 00 O. -• O 0O 00 C 0 a. 0 N 'V m O - m er 0 ■ 00 O - l0 ? ,O V) N O O h ,0 -- N h m N h m 00 h 00 v Pl N O - h - h O ,O - N 00 Q " PI O, ,0 M N Q O, ■ M h , 425 1 ■ 00 N 00 0 0 00 N ,0 N vs 00 0 h G h N m 3,098,445 1 00 to f` N O, 673 1 N h 00 �, 428,287 1 P 0 00 0 0 m 0 h P ^ PI of - N 00 O 00 - N N — es o 8 - N r- r 00 O O - N S 13,533,4311 Prior Amount 04 00 O Q N N ■ VI - 0 O O O h 00 O O O O N h - O, N O N ■ N 00 r h 353,212 245,300 293 O O h m 00 Q - 00 Q 0: - ^ i Ni IN 01 0 0o 0 m 548,462 1 , 48,926 1 Q ,0 0 d ,0 m 3,012,2791 O O O n N m 00 -_ h Q - 602,804 1 0 O 'v 0 IN 0 Q 00 00 N 0' CO N N. 00 O 0 480,167 1 O` 0 00 O, h Cs 0 h C. Q ,O Cr 0 32,868 955,322 1 3,588,212 ■ m m h 00 ■ 00 Q ,O N 00 N Q 01 1: 0 Vt 00 - 00 m Q o1e.,� IN - - 0' N a Os. - 00 00 O M 0 rV 00 Fund General Fund 'Special Revenue Funds: Street Arterial Street ,102 Solid Waste/Recycling Special Contract/Studies Hotel/Motel Lodging Tax 2% for the Arts Federal Way Comm. Center Zs w 10 te F Real Estate Excise Tax Utility Tax Proposition 1 Federal Way Performing Arts Center Community Development Block Grail Paths and Trails Parks Reserve Debt Service Fund Capital Project Funds: Downtown Redevelopment Municipal Facilities Parks Surface Water Management Transportation Capital Project Reserve Performing Arts & Event Center Enterprise Fund: Surface Water Management Dumas Bay Center Internal Service Funds: Risk Management Information Systems Fleet & Equipment Buildings & Furnishings Health Insurance Unemployement Insurance SO Q 4/6/20166:14 PM ENTED TO THE COUNCIL ON THE 5TH OF APRIL Ending Fund Balance h eew O 500.000 1 100'001 CO , h N 00 00 . 175,352 1 408,356 Vl b 1` O VP 1 2931 0 0 .O vl _. 1,858,025 1 0 O O O O N M b K h N O ..r O 40,444 553,357 3,418.340 0 0 0 O Vl h 1000'00S`Z 2.112.244 I ' b M en .O P. Vl M VI co: N P N h V R 480,840 I 0 00 .O 00 N 00 0 .. T .O .O en O b 846.398 3,098,470 209,252 y Vl r O 1. Vl 0 7 N O N 1 2.249.828 1 P P N . M -.. . $ 47,388,8491 Expenditure 1 Revised $48,937,289 00 V' O°. O V .O CO, °D .M .r t ..r O $ 00 tot N 00 Q 50,000 0 ° O N e .°O e7 N N 4,174,838 3,545,123 1 ' 0 ° t l O. N OP .M.r 'N -r a el .°. een N - • M .N, .Nr 00 M en 53,232 I 3,539,945 M 0 In •O 29,727,932 I • 15,630,777 I 6,850,594 1 756,399 1,053,343 I 00 a 0 00 N D\ e.O., .~-. .� 0. `�°. O O N 399,817 3,698,379 • Vl °N°. N N - $157,046,965 1 ! a VI V Vl P '0 00 00 00 h ? I 14,242 r r r r 14,347 r 33,056 1 1 389,413 r r ' 00 r r v., r eel N h 3,239,945 1 PI N in 1 14,932,932 1 r 1 (341,592)1 h 00 .M.. 0 0 . r — a 00 . N r r r $ 27,330,086 IPrior Amount O M N 7 00 VS C 7 O• O 0` P O O VI en . h 1 9,441,076 1 450,380 O O O O VI O O M O O N ' 1 2,237,641 Ch O 0 .O M ■ vi of h 2,898,2841 22,722 M O . h N -1 M N ■ N . 00 127,348 1 ' O O O C O M 2,110,400 1 14,795,000 ' 15,972,369 h O ee h f.. P a 0. O 7 h 1 1,053,343 1 2,711,517 I Os b M . 1 2,222,865 ^ 00 O: T M O. I-- el 00 O. 0 vl N 00 7 N N $ 129,716,879 Revenue Revised Os O .e- M Q VP CC Q o" a =I, O 1 1,515,500 O t.1. o •-• O. IN en e e O O "1, o o N r et e Vl N N .O O h QC Q N Q V7 C.:, o N 00 1 A en M 399,527 1,237,103 169,000 541,875 O O O o' o V) 1,840,544 1 CO R r en .-" r O O O o o M 3,778,195 1 1.. o r e N r 9,013,000 1 OD l- T o O Vl N ee. M O O e oN. 2,185,244 N OO Q co .N. VI O VI o .-, N M ^ t.; �, O N t` C. es O 224,825 I en 00 Q a 00 00 N a. GAnlbl l L.(13 2016 REVISED BUDGET IAdjustment $ 760,802 7 Val Off. r b M O\ • r r r r r r 00 Vl b 0 0 a .O Vl 00 r M r r 0 S . . O O O cl. . r r Vl • b .O ■ h h . 't P r r O .O .NO vl r r O.. PM O N . r r r r r $ 15,541,513 Prior Amount $ 45,675,277 7 7 O? O Os T en O O vl V Vl . a N O. . O^ 00 h ' 200,300 ? 7 h N N 2,418,746 .O CA O M O N 2,597,824 22,722 M O t. en N . O O O O\ .O el O Vl O V' O ts O V O '/. o0 M VI N S. 127,348 1 300,000 1 O O O O N 12,943,000 9,013,000 00 N en 00 h P M r h b 924,443 -. h b h O N 128,482 h O Vl O _ N 1 543,133 O N r. .O O N 7 224,825 O N. R n Vl M •e e9 Beginning Fund Balance TRevised $ 11,506,584 1 500,0001 h 00 M 00 O. N N O O .N+ eir h N 00 0o O N 1 458,356 h .O r O VI en o N O O O O VI ee e.. _ O b ... 3,445,070 VI 00 Q T r h O .O .NI 40,444 1 384,357 250,000 1 O. h Vl - R .-. O. O .w N to N M 00 N VO '1 t l M O O 1` f l CO h O •O OD O CO 480,840 I IN r [ h b .O Q N e.�. M .O 00 CO M 00 O. N V1 O^. 3,807,674 192,139 b .O .O r OQ.- V1 00 N 00 n 0^D- ..r r 00 Q r ... O. T N .M. tV $75,536,8301 Adjustment O V■ N 00 N Vi IN `-' .O 00 M 00 = 1 2,090,860 .O M O . M et Vl O WI .O ' b Vl N O . O Vl .p 372,372 00 Vl rn M .0 N N O . = h O b .N.. (8,482)1 23,692 a O. M h ' 425 Vl . N 00 O VI 00 N •D N h 3,270,565 1 3,098,445 oo en h N O` M h .O N O` vl • ? M 428,287 1 O. 7 O^ Vl .O M .O h 0 O\ N .O 7 N 00 co 0o el . N N . O co O. N h h 00 Q N $ 13,533,431 Prior Amount ONO O 7 N N VI O O O O VI O O O O ■ eNn .. O. N O N N 00 h h • 353,212 245,300 293 p O Vl M oo nt VI et 1. 7 N M h N .O op O V' M 548,462 1 ' 48,926 1 R .O O .O M 1 250,000 1 M H h et, a O 00 N O .0 604 1 .O h V) 7 CO Vl tel 00 ■ N eT 00 N • 00 O .p h .O O oo 7 CT .O en O, Vl Ow .O h O. 7 •O O. N 32,868 N N en Vl Vl P N 00 00 VI e+i M en h 00 . h a .O N CO vt 7 N h 00 III 00 an en 7 M h . O` N N • T .-. $ 62,003,4001 b General Fund Special Revenue Funds: Street Arterial Street X t• Solid Waste/Recycling Special Contract/Studies Hotel/Motel Lodging Tax 2% for the Arts Federal Way Comm. Center Traffic Safety Real Estate Excise Tax Utility Tax Proposition 1 Federal Way Performing Arts Center Community Development Block Grail Paths and Trails Parks Reserve IDebt Service Fund Capital Project Funds: Downtown Redevelopment Municipal Facilities Parks Surface Water Management Transportation Capital Project Reserve Performing Arts & Event Center Enterprise Fund: Surface Water Management Dumas Bay Center Internal Service Funds: Risk Management Information Systems Mail & Duplication Fleet & Equipment Buildings & Fumishings Health Insurance Unemployement Insurance Total All Funds 3/9/201610:05 AM W E O E V 0 M 0 V E co O O V O N W 0 i` 0 OZS O M on >O = •� O ro ocs 4-.2 NI cCi CU (I) 4.J c -10 O E E 004* tiv) '=3 l Changes To Prior Presentation Old 1 New I Difference Council Mayor Old Exhibit C(1) F. Balance Changes as shown above New Exhibit C(1) 8,000 2,341 8,976 2,923 5,659 6,053 $11,712 9,005,374 11,712 $ 9,017,086 ORDINANCE NO. 16- AN ORDINANCE of the City of Federal Way, Washington, relating to the carrying forward of funds and revising the 2015 -16 Biennial Budget. (Amending Ordinance Nos. 14-781, 15-786, and 15 -809) WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2015 -16 fiscal biennium were prepared and filed on October 7, 2014 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice was published in the official paper of the City of Federal Way setting the time and place for a hearing on the budget, and said notice states that copies of the budget can be obtained on -line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way held public hearings on November 4 and November 18, 2014, and considered the public comments presented; and WHEREAS, the City Council enacted the 2015 -16 Biennial Budget on December 2, 2014, to become effective on January 1, 2015; and WHEREAS, the City Council enacted the 2014 Carry - Forward Budget Adjustment on March 17, 2015; and WHEREAS, the City Council enacted the 2015 -16 Mid - Biennium Budget Adjustment on December 1, 2015; and WHEREAS, the City Council finds it necessary to revise the 2015 -16 Biennial Budget to carry forward funds from 2015 to 2016; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 16- Page 1 of 5 Section 1. Amendment. Exhibit C entitled "2016 Revised Budget" in Ordinance No. 15 -809 is hereby amended to Exhibit C(1) — "2016 Revised Budget" to include the 2015 carry forward funds into the adjusted budget for 2016. Section 2. Administration. The Mayor shall administer the Biennial Budget, and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. Ordinance No. 16- Page 2 of 5 PASSED by the City Council of the City of Federal Way this 25`h' day of April, 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: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 16- Page 3 of 5 2016 REVISED BUDGET Ending Fund Balance 'D CO O N O 0' b9 500,000 100,001 1,842,718 175,352 'D f�+1 00 0 00 vi r 0 V1 M N 0 'O Vl ^ v1 O 00 h 00 --i l00`000`Z 1,027,463 O 40,444 553,357 3,418,340 750,000 p00 0 O O VI. ^ _ N ' 76,3361 '/� 'Mn U N D\ 1 641,472 1 480,840 0 o0 000 N 00 0 ^ �0 0 M O 00 846,398 1 0 N 7 00 0• O M N N 0 O N ^ 'n le 0 r V1 0 ^ N O N 2,249,828 1,131,299 8 47,400,561 1-:, ta. Revised r 'r/1 ON' 00 00 6 Qp00 O 00 1,713,886 11,387,604 464,622 50,000 200,300 2,237,641 4,174,838 3,545,123 p 00 t7 O0' N 00 N ..n 0p 8I pp� N ei 00 ea .-. 53,232 3,539,945 '� 'O • , 'O 29,727,932 tr_ r 'gyp h .. Off' Y� 0000 b O O' f����pppJ 1' 00 ••n pp 00 00 000 N 00 el ^i h 00 4 N .ri 000 1+1 3,698,379 1,224,825 5157,035,253 Prior Amount Adjustment r N oo O 69 V1 r1.946,528 1 14,242 ' ' ' ' 14,347 ' 4, O en O 00 M ' ' 'D n r 53,232 00 O' ON el N 4,055,263 M O' el al. ^ T vt en Oro N en" en p 0 vl 1 182,931 0' r $ 27,318,374 `° M N 000 0' v 00 T 0 0 M O V1 VI V1 1 450,380 0 O O I 200,300 1 ' 2,237,6411 0' 00 0 . 00 3,545,123 1 0000 N 00 0000 N 22,722 1,237,103 127,348 1 812,123 127,348 ' L 300,000 0 0 0 .- N O 0 V1 n .v.. b M N Or'. 01) 1 5,717,307 1 0 O. O r R t+' M— O r V' r N b fn ^ �r 'O 00 N N N 00 T en 3,698,379 1,224,825 00 '6 n N ( y0 Revenue Adjustment Revised I E CC 00 8 Vl h .+ O 01 431,117 200,300 •— N N 0' N 0 N 00 M N 00) r 1p1) M Mf - N .—I 00 O h to O h tel 1,840,544 4 en 4, 00 O 8 eel 3,778, 195 1- prp f' N N L 9,013,000 00 Oer' in O N as 924,443 I 2,185,2441 N 1/1 ^' N I - 543,133 224,825I ery Off' 00 '0 N 4, $ 760,802 • V01 O. ON ' b M 00 ON ' ' ' ' ' ' 00 'mil' M '0 641,494 1 M 000 'O r M 494,223 00 O ^ .- S O 0 O ' ' a 00 '0 b t...„ l' 00 ' • 0 'O el NO h ' • a O 0' el • ' • ' ' ti 'n e vt 4, Prior ,Amount S 45,675,277 00 00 P 0 Off'' M 0 0 V1 010 Vl — 00 N 00 — Ow 00 N _ .-� O ' 0 S M O ON • 00 R N N 'D . r o0 R N 2,036,496 2,597,824 1,237,103 169,000 47,652 500,000 00 M V1 - r ^ 127,348 • 300,000 2,110,000 0 0 O M a N • 9,013,000 3,978,328 •- re.- N •-- a 1 924,443 •-- V1 o O N N 0D 00 00 V1 0 V< O N 543,133 4,206,720 224,825 O Q n ^1 '00 ■ VO Beginning Fund Balance = K Vii O n ^ p8 O S 298,3871 N O N ■ w 208,857 I 1n el °ii, a 501,7651 a N 8 ,- 3,614,117 3,445,0701 o�D 'a °_; r S 'O �N.• { 384,357I 3,085,473 250,000 r M r e .• O ,- 53,232 1 00 N b M en" 3,317,0031 O 'O § 00 480,840 1 Ir_ r .rti ''S'.. ' pp er Y ei O, n f+i VD 00 col O' M T N r a r 'O s oil en .e�f. ^ ''pp 'O r Vi 1,877,824 1,741,487 2,131,299 375,536,830 Adjustment O 'n N N •i 'O 00 en 00 - O NO 00 0 0 N 'O M 0 ^ M �_ Vi 0 ^ 256,465 0 ^ O 10 'D •-• 372,372 1 00 V1 vt M '� N N 0 ^ r ^ I"- 0 00 ^ (8,482) 23,692 M r ' 425 V1 N 00 '00 00 N 0 N V1 'D h O N M 3,098,445 00 M r ON' ^ M (` 'D N O' ut 000 428,287 365,949 'D r Off 00 N '0 00 0, N 4,808 h N ^ r ^ 0 8 00 ^ 7,172 219,008 '•, ■•••'i M '•i fq Prior Amount $ 11,224,082 S O O V1 00 S O O • N T N O N ^ ONO r ^ 353,212 245,300 M N 0 VI M 00 '0 .-� 3,241,745 I [� NI ‘4)... 0 0 V1 M N 00 00 V1 0 360,664 3,012,279 250,000 M ^ r 00 •-- 602,804 604 45,716 218,558 0' N — 00 O '0 r O 00 . T f�'1� as vt O' '0 r a 'O O. N 32,868 955,322 3,588,212 ^ M r 00 V1 7 '0 N CO •r 00 r 00 h 00 .- 1,734,315 1.912,291 $ 62, 003, 400 = (General Fund Special Revenue Funds: Street Utility Tax Solid Waste/Recycling 1 Special Contract/Studies Hotel/Motel Lodging Tax 1 2% for the Arts Federal Way Comm. Center Traffic Safety Real Estate Excise Tax C O F rFederal Way Performing Arts Center 1 IPaths and Trails 1 1 Parks Reserve Debt Service Fund Capital Project Funds: Downtown Redevelopment 1 Municipal Facilities Surface Water Management 1 Transportation 1 Capital Project Reserve Performing Arts & Event Center Enterprise Fund: Surface Water Management Dumas Bay Center Internal Service Funds: Risk Management Information Systems O 1 a u 'a 0. a Buildings & Furnishings Unemployement Insurance !Total All Funds Ordinance No. 16- Page 4 of 5 EXHIBIT C 2016 REVISED BUDGET Ending I Fund Balance 0 O P EA 0O 8 pOO ^ O8 00 .-. h ocr - N en t0+1 M no N N 8O V1 .-. 8O Vt .. 8O O N 248,002 1 0 oo 00 VD "cl 0.: NI 00 VI 2,932,583 I 750,000 pp�p ( N 000 00 00 N •^l 0,6 N 4,229,289 1 480,167 1 O N N .- N N 826,422 1 2,932,846 1 0 O l0 ,^ Q. 0 N `V). N N N 0, a `0 Ex nditure Revised I N 7 1A 0, Hl 8 V1 Vf -� O R 0. 00 8 O V) 8 r� N ' N'0 N 7 R 3,545,123 2,898,284 22,722 1,237,103 ' M N — ' N ON —0 127,348 1 • 8 O 100'1 8 R N 14,795,000 ' `t��1 N1� O� 00 M ^ s V1 pQ�. col R N M VMi co. — vl — N N M .^ — A. 00 N N N oo. O• M M 00 10 e+1 ONO N N — 5129, 716, 879 Adjustment 8 N 00 r r < N P BOO 50,000 I 38,529 1 fO p — p 0 NOO • • 0 . N.� ^ y 1 O o 0 m • r ' 0 N ' .0 M g p 21,1721 p 0'. ^ el. i N r p M 0 el O — 1,000,000 ON V. N N 69 Prior ,1 mount $ 45,041,340 g pdp O. OO�� M $ V^ — vii — co" O O I 200,300 ..p—, T N N o0g_ b N 2,725,123 1 1,237,103 I vMi, l • — r o O M $ _ Q 2$ W rn 7 N el P V1 Vl N oNO ^ t- 924,443 2,490,246 $ — h o N 00 — 00 O. M ^ 10 N 224,825 1 $ 106,443,381 Revenue Revised I r N V1 N c V1 00 fA O; M O go vl 00 — V1 — N 0, .--� O, 00 .N. .--- M R 200,300 ■ 2,254,141.1 00 N 00 N a 00 f0 m O N 2,597,824 22,722 O. 10 M N — O 0. f0 47,652 500,0001 1,721,5381 00 101 r- ^ 0 O O 0 M 0001 t `Z 0 0 M 00 0. N — r 0 M O 00 3,978,328 1 00 N 10 T 924,443 00 ^ f0 V1 0 N 000 00 00 N 0 Vi O — N 543,133 I 0 N. '0 C ry, 00 224,825 On er y ■•1 eery •■•■ I.9 Adjustment 1 $ 2,965,439 I i r (903,042)1 O^ r e r 0. V1 V1 248,864 4O M = 22,722 r i N b N 500,000 r o0 M N NN r r r O_ r M O O. p V1 N K p O O N II. 008` I S 12,551,951 Prior Amount CO 00 O N 104 6A 00 Pp 00 O. M 0 0 00 .- f0 0. 00 0. N 1 . 00 K ' O 10 O N r O CV1 P N N 00 -- N p0 O 8 O� .-° 2,868,824 • M — eNn N •� O CO .0 r r 00 VM1 N r- ...� r r 300,000 0 -- N p0 O tNn s r r 3,930,768 ^ N Vf I- 924,443 O 0p01� 00 01 — I 128,482 c00 r. 1� N O N 0 00 N Vf , 4,205,220 1 224,825 ON r1 O 00 C 00 = Revised N 00 0 00 N N V1 O 0 0 O V1 0 0 O 0 0 — N O. N 0 N — N 00 N N — 353,212 245,300 M 00 N 0 O 00 M 00 R .-: 3,241,745 3,508,627 548,462 ' f0 N O. 00 00 00 •O 00 p •D M O' N N N_ 0 e+ 0p 0 O V1 N M V1 — - N 00 — 0 00 N 0 VD 0 f0 45,716 218,558 I T CO N 00 0 '0 N •0 O 00 O O. b M O1 0 01 '0 N 0. 00 N 32,868 N N rn 00 00 00 ^ N 00 00 V1 1.1 — M M N 00 rn .t 'D N 00 V1 1,858,724 VI — en 00 M N — 0. N N O. .-. 562,003,400 Adjustment �p N O 00 a0 00 r r N b b O M TO O 00 00 O 0 r r p 0 V1 ^ V 326,564 M h co N — 8 r r r (142,417) eD N 598,427 00 00 (144,877) p O t+l '0 p 0 N 1010 .M.i (400,338) ' O+ NO M 00 0. '0 00 M 00 N P 1 (378,704)1 01 N V1 O ' m 01 00 — M N 0 N 0' O. 00 .O 0 M... ' $ 7,522,524 Prior . -1 mount 00 n — -t 100'00S 0 O 0 O `0 00 O N -- N °N^° 245,7721 0 e1 00 N M N O 0 Vw — — '^ T N 2,727,091 ' 48,926 I `D M _ b cr, h ■ en ' '0 r • n 00 22,804 I .0 10 O — ^ 00 N 00 Vl N `ND 0000 O 40 N ,^ 0000 R 0 V1 00 O M 42,040 '0 O e°n eel — pN. •D 0000 0 e.1 --. M el, O000 — N V�1 0 0 V1 R en 0. — 2,036,974 N N O' ^ $ 54,480,876 General Fund 1Special Revenue Funds: Street Arterial Street ts Solid Waste/Recycling Special Contract/Studies Hotel/Motel Lodging Tax 2% for the Arts FW Community Center Traffic Safety Real Estate Excise Tax Federal Way Performing Arts Center 1 Community Development Block Grail Paths and Trails 1 Strategic Reserve Parks Reserve Debt Service Fund Capital Project Funds: Downtown Redevelopment 1 Municipal Facilities Y rn Transportation 1 Capital Project Reserve 1 Performing Arts & Event Center Enterprise Fund: Surface Water Management Dumas Bay Center Internal Service Funds: Risk Management Information Systems Mail & Duplication E O. $ w F Buildings & Furnishings Health Insurance Unemployement Insurance 1 Ordinance No. 16- Page 5 ors