LUTC PKT 08-05-1996City of Federal Way
City Council
Land Use/Transportation Committee
August 5,1996 City.Hall
5:30pm Council Chambers..
AGENDA
1. CALL TO ORDER
2. APPROVAL OF MINUTES
3. PUBLIC COMMENT (3 minute limit)
4. BUSINESS ITEMS
A.
SR 161 - Enchanted Parkway Underground
Action
Miller
Agreements
B.
South 348th Project - Final Acceptance
Action
Miller
C.
South 324th Street (CDBG) Sidewalk
Action
Miller
Final Acceptance
D.
Latecomer's Agreement for Ybearra
Action
McNamara
& Esplanode
E.
Surface Water Small Works Projects
Action
Pratt
F.
METRICOM - Request for ROW
Info
McNamara
Agreement
G.
Sign Enforcement Update
info
McClung
H.
Portables on School Sites
Info
McClung
1.
PAA Boundaries
Info
Moore
5. OTHER ITEMS
6. FUTURE MEETINGS/AGENDAS
7. ADJOURN
Committee Members: City Staff:
Phil Watkin -v, Chair Greg Moore, CDS Director
Ron Gintz Sandy Lyle, Administrative Assistant
Mary Gates 661-4116
City of federal Way
City Council
Land Use/Transportation Committee
July 1, 1996
4:00pm Council
SUMMARY
In attendance: Committee members Phil Watkins (chair), Ron Gintz and Mary Gates; Deputy City Manager Philip Keightley; Public
Works Director Cary Roe; Principal Planner Greg Fewins; Street Systems Manager Ken Miller; Traffic Engineer Rick Perez; Assistant
City Attorney Jim McNamara; Street Project Engineer Trent Miller; Administrative Assistant Sandy Lyle.
1. CALL TO ORDER
The meeting was called to order at 4:11 pm.
2. APPROVAL OF MINUTES
The minutes of the meeting of June 17, 1996, were approved as presented.
3. PUBLIC COMMENT
There was no public comment on items not included in the agenda.
4. BUSINESS ITEMS
A. 1996-97 Transportation Improvement Plan - In accordance with the requirements of Chapters 35.7 and 47.26 of the
Revised Code of Washington, the City of Federal Way adopted its original TIP and ASIP on July 23, 1991. The City
is also required to adopt a revised TIP and ASIP on an annual basis reflecting the City's current and future street and
arterial needs. The City is required to hold one public hearing on the revised plans which is proposed for the July 16,
1996, City Council meeting. Once the revised plans have been adopted by City Council Resolution, a copy of the
respective plans must be filed with the Washington State Secretary of Transportation and the Washington State
Transportation Improvement Board. The 1996/97 proposed TIP and ASIP have been revised to extend the planning
horizon and to reflect the City's current and future street and arterial system needs. The proposed plans do not
significantly differ from the previous year's plans. The Committee m/s/c approval of the recommendation to
authorize staff to schedule a public hearing at the July 16, 1996, City Council meeting and forward the TIP and ASIP
to the full Council for review and adoption.
B. SW 340th Street and 35th Avenue SW Traffic Signal Project - The SW 340th Street and 35th Avenue SW traffic
signal project is the second street improvement bond project to be completed. This project will construct a traffic
signal, install street lighting and approximately 200 feet of sidewalk. The plans and specifications are 90% complete.
Bidding and award of the project is anticipated for Augist. Construction is scheduled to begin in September with
completion expected in December 1996. The committee m/s/c approval of staff recommendation to approve the final
design of the SW 340th Street and 35th Avenue SW Traffic Signal final design and to authorize bidding of the project
with the low bid to go directly to Council for award if witlun budget. To reduce construction time and accelerate the
project schedule it was m/s/c to authorize preordering the signal poles, which are custom made, signal controller and
cabinet for the project. The recommendations were forwarded to the July 16, 1996, Council meeting for approval.
C. Project Update. 6th Avenue SW and Campus Drive SW - The 6th Avenue SW and Campus Drive SW project is 75%
complete. Ballots for approval to sell the property required for the project along Campus Drive have been sent to the
property owners of Campus Highlands and Campus Estates. The Little League has been contacted regarding
easement for water quality purposes. When property acquisition negotiations are complete, staff will bring the
Purchase and Sale Agreements to Land Use/Transportation Committee and City Council for approval. The project
will not be advertised for bid until we have authority to use the property or have purchased it. To reduce construction
time and accelerate the project schedule, staff is recommending pre -ordering the signal poles, controller and cabinet.
The Committee m/s/c forwarded approval of recommendations to Council's July 16, 1996, meeting with low bid, if
within budget, proceeding directly to the City Council.
OTHER ITEMS
There was no other business.
FUTURE MEETINGS/AGENDAS
The next meeting of the Land Use/Transportation Committee will take place July 15, 1996, at 5:30pm.
ADJOURN
The meeting was adjourned at 4:45pm.
I: \LU-TRANS\J UL 1 LUT. SUM
e0FjFr0000r
DATE: July 30, 1996
TO: Phil Watkins, Chair
Land Use/Transportation Committee
FROMKen Miller, Street Systems Manager
SUBJECT: SR 161 (Enchanted Parkway) Underground Utility Agreements with
Puget Power and U.S. West Communications
At the October 3, 1995 Council meeting the Washington State Department of Transportation
(WSDOT)/Federal Way Interagency Agreement was approved (see Attachment 1).
As a part of the WSDOT SR 161 (Enchanted Parkway) widening project, the State agreed to pay
the City $576,500 in lieu of providing on-site storm detention and for the utility underground
conversion. The storm water facilities will be constructed by the City in conjunction with the
South 356th Regional Storm Water Storage Facility.
As a part of the WSDOT project, their contractor will excavate the utility trench, install conduit
and utility vaults. Puget Power and U.S. West will provide conduit, utility vaults and install
cables. The City's share of the cost for this work is approximately $124,000 as previously agreed
to with the WSDOT.
For the utilities to complete this work as required by City Ordinance 91-90, a utility conversion
agreement is required to be executed with Puget Power for $28,442.90 (30% of the total estimated
cost of $87,703 plus $2,132 for inspection - see Attachment 2) and a utility agreement with U.S.
West for $11,849.50 (100% of the total estimated cost - see Attachment 3). A copy of the
proposed agreements are attached. These are approximate costs and there is a not to exceed ten
percent (10%) clause in the agreement. These reimbursement rates are specified in the
Washington Utilities and Transportation Commissions Tariffs.
Place the following item on the next scheduled Council Consent Agenda.
1. Authorize the City Manager to sign the SR 161 (Enchanted Parkway) Utility Conversion
Agreement with Puget Power for $28,442.90 and U.S. West for $11,849.50.
Attachments
KMyd
K:\STREETS\PROJEM\SR161\LUTC.MEM
ATTACHMENT I
MEETING DATE: October 3-1995 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: SR161 Undergrounding/Storm System improvement Agreement
CATEGORY:
XCONSENT
_ORDINANCE
_BUSINESS
HEARING
FYI
,RESOLUTION
_STAFF REPORT
_PROCLAMATION
`STUDY SESSION
OTHER
BUDGET IMPACT:
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: _ Proposed Interagency Agreement ( between The State Department of Transportation and the City of
Federal Way).
Memo to the Land Use / Transportation Committee
......................................................_............... ........................................................................................................
SUMMARY/BACKGROUND: The city staff and the State Department of Transportation (WSDOT) have negotiated an
agreement which proposes that the WSDOT, as part of SR161 project, improve the storm water conveyance facility deficiencies
within the area of the improvement to SR161 (Enchanted Parkway) in -lieu of providing on-site storm water detention and the
utility underground conversion. The completion of the State SR161 project and the associated storm water drainage improvements
will constitute the completion of several SWM CIP projects. One of the proposed projects is located outside of the state right-of-
way. The City therefore proposes that the State pay the City the sum of $576,500.00 and that the City construct this project in
conjunction with the construction of the S 356th Regional Storm Water Storage Facility which is scheduled for constriction in
1996/1997. The Public Works Director also negotiated with the State to use a portion of this project savings for
"Undergrounding" utilities along the SR161 right-of-way.
The attached proposed Interagency Agreement suggests that the City construct this improvement and lays the time frame for
completion. It also lays out the terms for the underground conversion associated with SR161 project.
....................................................................................................................................................................................................................................................
CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use/ Transportation Committee, at their
meeting on September 18, 1995, approved the proposed Interagency Agreement and moved it to the October 3, 1995
City Council consent agenda.
....................................................................................................................................................................................................................................................
CITY MANAGJER RECOMMENDATION
!t...............?� .............j. r
..................................................................
APPROVED FOR INCLUSION IN COUNCIL PACKET: (A_`
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
9
4_111 %_, .3 r,
AGREEMENT GCA 0105
THIS AGREEMENT, made and entered into this Z.( day of .u, e , 19 9<o ,
between the STATE OF WASHINGTON, Department of Transportation, acting by and
through the Secretary of Transportation, hereinafter called the "STATE", and City of Federal
Way, 33530 1st Way South, Federal Way, Washington 98003, hereinafter called the "CITY;
WHEREAS, the STATE is planning construction or improvements under a project
entitled "SR 161 - Jovita Boulevard to SR 18 - Widening - Stage I", hereinafter called the
"PROJECT', and in connection therewith, the STATE has requested that the CITY provide
stormwater conveyance, treatment and detention for the section of SR 161/Enchanted
Parkway from SR 5 to SR 18; and
NOW, THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms,
conditions, covenants, and performances contained herein, or attached hereto and
incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS:
GENERAL
The CITY and STATE agree to the following items:
A. The CITY will construct a stormwater conveyance system from SR 161/Enchanted
Parkway Station 153+23 (75' Lt) to the CITY's regional detention pond.
B. The CITY will be responsible for the construction of the stormwater conveyance
system and regional detention pond before the PROJECT's anticipated completion
date of September 1, 1997.
C. The CITY will release the STATE from any and all future fees, taxes or other
charges for the use of the CITY's stormwater regional detention pond for the
removal and storage of surfacewater runoff from the PROJECT area.
D. The STATE will be responsible for the installation of all private utility relocation /
underground conversion at CITY expense along the east side of SR
161 /Enchanted Parkway from Station 140+00 to Station 145+00.
GCA10503.AGR C(OPY,
li
PAYMENT
A. The STATE agrees to pay to the CITY seven hundred seventeen thousand dollars
($ 717,000) within ninety (90) days of the execution of this AGREEMENT.
B. The CITY, in consideration of the faithful performance of the installation of private
utility relocation / underground conversion by the STATE, agrees to reimburse the
STATE for the actual direct and related indirect costs estimated at one hundred
twenty four thousand dollars ($124,000).
C. Partial payment shall be made by the CITY, upon request of the STATE, to cover
costs associated with the utility relocation / underground conversion. These
payments are not to be more frequent than one (1) per month. It is agreed that
any such partial payment will not constitute agreement as to the appropriateness
of any item and that, at the time of the final audit, all required adjustments will be
made and reflected in a final payment.
III
EXTRA WORK
A. Supplement Agreement. In the event unforeseen conditions require an increase
in the cost of the utility relocation / underground conversion of 25 percent or more
from that shown above in Section II A, the CITY and STATE will negotiate a
modification of this AGREEMENT by a supplement covering the said increase.
B. Change Approval. In the event it is determined that any change from the
description of work contained in this AGREEMENT is required, approval must be
secured from the CITY prior to the beginning of such work. Where the change is
substantial, written approval must be secured.
C. Reimbursement For Increased Work. Reimbursement for increased work and/or a
substantial change in the description of work shall be limited to costs covered by a
written modification, change order or extra work order approved by the CITY.
GCA10503.AGR
GrCAOlUS
Iv
RIGHT OF ENTRY
The STATE hereby grants and conveys to the CITY the right of entry upon all land
which the STATE has interest, within or adjacent to the right of way of SR 161/Enchanted
Parkway, for the purpose of constructing the stormwater conveyance system.
OTA
LEGAL RELATIONS
A. Additional Work Excluded. Neither the execution of this AGREEMENT nor any
payments made_here.under shall obligate the STATE or the CITY to undertake any
additional work except as may be authorized pursuant to this AGREEMENT and/or
as agreed to in a written supplement related to this AGREEMENT for services
regarding the additional work.
B. Amendment. This AGREEMENT may be amended ant any time by mutual written
agreement of the authorized representatives of the parties.
C. Liability. Washington State law shall govern the respective liability between the
parties to. this AGREEMENT for any loss due to property damage or personal
liability arising out of the activities conducted pursuant to this AGREEMENT.
D. Complete Agreement. The parties agree that this AGREEMENT is the complete
expression of the terms hereto and any oral representations or understanding not
incorporated herein are excluded.
E. Full Force and Effect. If any provision of this AGREEMENT shall be held invalid,
the remainder of the AGREEMENT shall not be affected thereby and shall remain
in full force and effect if such remainder would then continue to serve the purposes
and objectives of the parties
GCA10503.AGR
GCA 0105
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
day and year first above written.
City of Federal Way
A
By c
Washington State Department
of Trans rt tion
By
/dc.-rW (A STATE DESIG ENGINEER
Title Approved as to F
Date Attorney General
Aes J.l. I I
Date
City Clerk
Approv m
City Attorney
GCA 0105
GCA10503.AGR
ATTAR 2
UNDERGROUND CONVERSION AGREEMENT
THIS AGREEMENT, dated as of this 3rd day of July, 1996, by
and between the CITY OF FEDERAL WAY, Washington, a Municipal
Corporation ("City") and PUGET SOUND POWER & LIGHT COMPANY, a
Washington Corporation ("Puget").
RECITALS
A. Puget is a public service company engaged in the sale and
distribution of electric energy and, pursuant to its Electric
Tariff G by authority of order of the Washington Utilities and
Transportation Commission, currently distributes electricity
within the City.
B. The City, through the State of Washington, is undertaking
a street improvement program at SR 161, from SR 18 to Milton Road
as more specifically identified on work order 9508473 ("Conversion
Area"). The street improvement program includes additional lanes
of traffic, center turn lane, sidewalks, traffic signals and
drainage improvements.
C. The City has expressed a desire to participate with Puget
to cause the existing overhead distribution power system within
the Conversion Area to be replaced with a comparable underground
distribution power system utilizing above ground transformers.
D. The parties wish to execute this written contract in
accordance with Schedule 71 of Puget's Electric Tariff G to govern
the installation of such a system.
PAGE 1 C
GvhL
AGREEMENT
Puget and the City therefore agree as follows:
1. The following terms when used in this agreement shall
have the meaning given below:
(a) "Main Distribution System" an underground electric
distribution system exclusive of "Underground Service Lines" as
defined herein.
(b) "Underground Service Lines" are underground electric
service lines provided, installed and maintained by the customer
in non-residential areas extending from service connections of the
structure to the designated secondary service connection point of
a main distribution system.
(c) "Trenching and Restoration" includes all breakup of
sidewalks and pavement, excavation for vaults, trenching for
ducts, select backfill, concrete around ducts (if required),
compaction and restoration.
2. Subject to the availability of equipment and materials,
Puget shall furnish and install a Main Distribution System within
the Conversion Area, in accordance with Puget's standard
specifications.
3. Upon connection of those customers to be served by the
Main Distribution System and removal of facilities of any other
utilities which may be connected to the poles of the overhead
system, Puget shall, at its expense except as otherwise provided
herein, remove the existing overhead system (including associated
wires and Puget -owned poles) of 15,000 volts or less within the
Conversion Area.
4. The City shall, at its expense through the State of
PAGE 2
Washington, perform the following within the Conversion Area, all
in accordance with Puget's specifications.
(a)Trenching (including shoring, flagging and barricades) and
Restoration (including restoration of streets, sidewalks and
private property); and
(b) surveying for alignment and grades for vaults and ducts.
Other utilities may be permitted by the City to use the provided
trenches for the installation of their facilities so long as such
facilities or the installation thereof do not interfere with
Puget's Main Distribution System or the installation or
maintenance thereof.
5. The City shall, within thirty (30) days after the
completion of the work to be performed by Puget, pursuant to
paragraphs 2. and 3. above, remit to Puget a payment of 30% of the
actual costs as determined in accordance with Schedule 71. Such
amount is presently estimated at Eighty Seven Thousand Seven
Hundred and three Dollars ($87,703.00). The City, through the
State of Washington, shall also install the conduit necessary for
this Main Distribution System. Puget shall supply the conduit at
the job site upon two (2) weeks notice. Puget will also charge
the City for the full amount of inspection costs to ensure the
conduit is installed according to Puget and State Standards. This
inspection fee is presently estimated at Two Thousand One Hundred
and Thirty Two Dollars (2,132.00). The foregoing estimated
amounts are subject to change if:
PAGE 3
(a) construction has not started within 90 days from the date
of this Agreement;
(b) the conversion is not been completed within six (6)
months of the date of this Agreement;
(c) the City or State of Washington revises its construction
plans in a manner which requires a revision of Puget's
construction plans.
Should the foregoing estimated amount increase by more than 10%
the City shall have the right to cancel and terminate this
Agreement. Upon termination the City shall pay actual costs
incurred by Puget to date.
6. Puget shall own, operate and maintain all electrical
facilities installed pursuant to this Agreement including, but not
limited to, the Main Distribution System and Underground Service
Lines installed by Puget pursuant to paragraphs 2 and 8 of this
Agreement.
7. Conversion of individual services to residential and
commercial customers is not deemed necessary due to the limited
number of customers within the conversion area and the
understanding that said properties will be redeveloped in the
future where upon the redeveloped services will be underground in
nature.
8. The State of Washington, by separate agreement with the
City shall be responsible for coordinating all work to be
performed in connection with the street improvement program within
the Conversion Area. Puget shall not be required to install the
Main Distribution System until the area in which such System is to
be installed has been established to grade. Upon performance by
PAGE 4
the State of the necessary preliminary work, the State shall give
Puget reasonable advance written notice requesting Puget to
commence installation of the Main Distribution System and shall
schedule such construction to minimize interference from the
installation of other improvements.
9. Puget's performance hereunder shall be commenced within a
reasonable time following receipt of the written notice pursuant
to paragraph 8. Puget shall use reasonable diligence in performing
its work hereunder, but shall not be liable for any delays
resulting from circumstances beyond its control including, but not
limited to, failure to receive necessary operating rights pursuant
paragraph 10 below. The City, through the State of Washington,
agrees that work performed by Puget shall be scheduled to avoid
premium labor charges to Puget. If Puget mutually agrees with the
City, through the State of Washington, that Puget's normal
straight -time eight hour labor day must be changed within the
hours of 6:00 a.m. to 6:00 p.m., the City, through the State of
Washington, must provide sufficient advance notice to allow Puget
to provide IBEW Local Union No. 77 with five (5) days advance
notice in accordance with the Company's collective bargaining
agreement with the union. Any overtime labor not included in the
original estimate but provided by Puget at the request of the
City, through the State of Washington, may increase Puget's
project cost which will result in an increased cost to the City.
10. The City shall furnish any and all operating rights
required by Puget, in a form or forms satisfactory to Puget, to
allow Puget to construct, operate, repair and maintain the Main
Distribution System within the Conversion Area. Puget may
PAGE 5
postpone performance of its obligations hereunder until it has
been furnished with such operating rights.
11. (a) The City releases and shall defend, indemnify and
hold Puget harmless from all claims, losses, harm, liabilities,
damages, costs and expenses (including, but not limited to,
reasonable attorneys' fees) caused by, arising out of, or in
connection with the performance of the activities set forth in
paragraph 4 above to the extent caused by the negligent acts,
errors or omissions of the City, its employees or agents.
(b) Puget releases and shall defend, indemnify and hold
the City harmless from all claims, losses, harm, liabilities,
damages, costs and expenses (including, but not limited to,
reasonable attorneys' fees) caused by, arising out of or in
connection with the performance of the activities set forth in
paragraphs 2 and 3 above to the extent caused by negligent acts,
errors, or omissions of Puget, its employees, or agents.
12. This agreement is subject to the General Rules and
Provisions set forth in Tariff Schedule 80 of Puget's electrical
Tariff G and to Schedule 71 of such Tariff, as such Schedules may
be revised from time to time upon approval of the Washington
Utilities and Transportation Commission. Any conflict in terms
between this Agreement and Puget's Schedules 71 and 80 of its
tariffs shall be resolved in favor of such tariff provisions.
13. In the event the City requires the relocation of any of
the facilities installed under this Agreement prior to the
expiration of twenty (20) years after completion of the conversion
hereunder, the City shall bear the entire costs of such
relocation, unless its is determined in a Franchise Agreement
PAGE 6
between Puget and the City that costs of relocated facilities
installed under this Agreement should be allocated in a different
manner.
14. Nothing in this agreement shall in any way affect the
rights or obligations of Puget under any previous agreements
pertaining to the existing or future facilities of 115 kV or
greater within the Conversion Area.
15. During the performance of all activities described in
this Agreement, neither the City's nor Puget's employees shall be
considered employees of the other Party.
16. No provision of this agreement may be amended or
modified except by written agreement signed by the Parties. This
Agreement shall be binding upon and inure to this benefit of the
Parties' successors in interest, heirs and assigns. Any provision
of this Agreement which is declared in valid or illegal shall in
no way affect or invalidate any other provision. The venue for
any dispute related to this Agreement shall first be the
Washington Utilities and Transportation Commission , Olympia,
Washington and secondly King County, Washington. Failure of the
City or Puget to declare and breach or default immediately upon
the occurrence thereof, or delay in taking any action in
connection with, shall not waive such breach or default.
PAGE 7
City of Federal Way
BY
Kenneth E. Nyberg
ITS City Manager
Date Signed
Attest:
PUGET SOUND POWER &
City Clerk, N. Christine Green, CMC
Approved as to form:
(2futtyity Attorney, James J. McNamara
PAGE 8
A9TACBMENTP 3
UNDERGROUND CONVERSION AGREEMENT
This Agreement is dated effective this 1st day of July, 1996. The parties ("Parties") to this
Agreement are the City of Federal Way, a Washington municipal corporation ("City") and U.S.
West Communications, a Washington corporation ("U.S. West").
A. U. S. West is a public service company engaged in the sale and distribution of
electric energy and, pursuant to its franchise from the City, it currently provides
telecommunication services within the City.
B. The Washington State Department of Transportation is undertaking a street
improvement program at SR 161, from SR B to Milton Road ("Project Limits"), in the City of
Federal Way, Washington.
C. The City has expressed a desire to participate with U.S. West to cause the existing
overhead telephone lines to be replaced with a comparable underground system within the above
Project Limits, more specifically located on the East side of SR 161, from approximately 1715
South 352nd to South 356th Street in the City of Federal Way ("Conversion Area").
NOW, THEREFORE, the Parties agree as follows:
1. U.S. West shall furnish and install underground cable, conduit and terminals within
the Conversion Area, in accordance with U.S. West's standard specifications (hereinafter
"Underground System").
2. Upon connection of those customers to be served by the underground system and
removal of facilities of any other utilities which may be connected to the poles of the overhead
system, U.S. West shall remove the existing overhead system (including associated wires and U.S.
West -owned poles and aerial terminals) within the Conversion Area.
3. The City shall, at its expense, perform the following within the Conversion Area,
all in accordance with U.S. West's specifications:
(a) Trenching (including shoring, flagging and barricades) and Restoration
(including restoration of streets, sidewalks and private property);
(b) Surveying for alignment and grades for vaults and ducts. Other utilities may
be permitted by the City to use City -provided trenches for the installation of their facilities so long
as such facilities or the installation thereof do not interfere with U.S. West's underground system
or the installation or maintenance thereof; and
.. 's—.
(c) Stake all property lines and corners in the Conversion Area; and
(d) Provide all permits for the work described in this Agreement.
4. The City shall, within thirty (30) days after the completion of the work to be
performed by U.S. West pursuant to paragraphs 1. and 2. above, remit to U.S. West a payment
of Eleven Thousand Eight Hundred Forty -Nine and 501100 Dollars ($11,849.50), which amount
includes 8.2 % tax.
5. U.S. West shall own, operate and maintain all telecommunication facilities installed
pursuant to this Agreement including, but not limited to the Underground Services installed by
U.S. West pursuant to paragraphs 1 and 6 of this Agreement.
6. Except with respect to those customers for which underground conversion is
determined not to be necessary, the City shall notify all customers within the Conversion Area that
secondary service to such customers must be converted from overhead to underground service.
Upon the request of any customer, other than a single family residential customer, within the
Conversion Area, U.S. West will remove the overhead system and connect such customer's
underground service line to the Main Distribution System.
7. The City shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area. U.S. West shall
not be required to install the Underground System until the area in which such System is to be
installed has been established to grade. Upon performance by the City of the necessary
preliminary work, the City shall give U.S. West reasonable advance written notice requesting
U.S. West to commence installation of the Underground System and shall schedule such
construction to minimize interference from the installation of other improvements.
8. U.S. West's performance hereunder shall be commenced within a reasonable time
following receipt of the written notice pursuant to paragraph 7. U.S. West shall use reasonable
diligence in performing its work hereunder, but shall not be liable for any delays resulting from
circumstances beyond its control including, but not limited to, failure to receive necessary
operating rights pursuant to paragraph 9 below. The City agrees that work performed by U.S.
West shall be scheduled to avoid premium labor charges to U.S. West. If the Parties mutually
agree that U.S. West's normal straight -time eight hour labor day must be changed, the City must
provide sufficient advance notice to U. S. West. Any overtime labor not included in the original
estimate but provided by U.S. West at the request of the City may increase U. S. West's project
cost which will result in an increased cost to the City; provided, however, that unless the Parties
mutually agree otherwise, such increase shall not exceed ten percent (10 %) of the amount set forth
in paragraph 4.
9. The City shall furnish any and all operating rights required by U.S. West, which
are consistent with its franchise, in a form or forms satisfactory to U.S. West, to allow U.S. West
to construct, operate, repair and maintain the communications system within the City right -of -
2
ways in the Conversion Area. U.S. West may postpone performance of its obligations hereunder
until it has been furnished with such operating rights.
10. (a) The City releases and shall defend, indemnify and hold U.S. West harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by, arising out of or in connection with the performance of
the activities set forth in this Agreement to the extent solely caused by the negligent acts, errors
or omissions of the City, its employees or agents.
(b) U.S. West releases and shall defend, indemnify and hold the City, its
elected officials, officers, employees, agents, and volunteers harmless from all claims, losses,
harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys'
fees) caused by, arising out of or in connection with the performance of the activities set forth in
this Agreement to the extent solely caused by the negligent acts, errors, or omissions of U.S.
West, its employees or agents.
11. In the event the City requires the relocation of any of the facilities installed under
this Agreement on private property not within a city right-of-way prior to the expiration of twenty
(20) years after completion of the conversion hereunder, the City shall bear the entire costs of
such relocation.
12. Nothing in this Agreement shall in any way affect the rights or obligations of U.S.
West under any previous agreements pertaining to the existing or future facilities within the
Conversion Area.
13. During the performance of all activities described in this Agreement, neither the
City's nor U.S. West's employees shall be considered employees of the other Party.
US WEST COMMUNICATIONS, INC.
al
Its:
(Name)
(Title)
Developer Contact Group
P.O. Box 1720
Denver, CO 80201
(303) 707-7363
3
CITY OF FEDERAL WAY
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
JDe uty0c,
y Attorney, James J. McNamara
k: \documenfluswest. and
7/11/96
Kenneth E. Nyberg, City Manager
33530 1st Way South
Federal Way, WA 98003
0
eOFJC=
DATE: July 30, 1996
TO: Phil Watkins, Chair
Land Use/Transportation Committee
FROM: Ken Miller, Street Systems Manager
SUBJECT: Final Acceptance of the South 348th Street Improvement Construction
Contract
Prior to release of retainage on a Public Works project, the City Council has to accept the work
as complete to meet State Departments of Revenue and Labor and Industries' requirements. The
final cost for the Lloyd Enterprises Incorporated South 348th Street Improvement construction
contract is $2,461,955.91 which is $1,461.02 over the approved contract budget of $2,460,494.89
(includes contingency).
The ten percent (10%) contingency and an additional $1,461.02 were expended due to extremely
heavy traffic volumes during construction and the requirement to provide additional traffic control
for public safety and other overruns on materials to maintain access to local businesses during
construction.
The total project is not yet finalized and final costs have not been determined. To date we have
not received final costs from U.S. West for the underground conversion since the cable splicing
is not complete and the WSDOT has not sent a final bill for project administration.
Place the following items on the next scheduled Council Consent Agenda for approval.
1. Acceptance of the Lloyd Enterprises South 348th Street Improvement Project as complete.
2. Approve the additional $1,461.02 for the additional work to complete the construction
contract.
KM.jd
K:\STREETS\PROJECrS\S348U,UTC.MEM
eOFJC=0
DATE: July 31, 1996
TO: Phil Watkins, Chair
Land Use/Transportation Committee
FROM: Ken Miller, Street Systems Manager
SUBJECT: Final Acceptance of the S 324th Street CDBG Sidewalk
Construction Contract
Prior to release of retainage on a Public Works project, the City Council has to accept the work
as complete to meet State Department of Revenue and Department of Labor and Industries
requirements. The final cost for the S 324th Street CDBG Sidewalk construction contract is
$90,956.30 which is $8,227.40 below the approved contract budget of $99,183.70 (includes
contingency) .
Place the following item on the next scheduled Council Consent Agenda for approval:
1. Acceptance of the Brad Mason Trucking, S 324th Street CDBG Sidewalk Project as
complete.
KM: jd
KALUTCW24FINL.MEM
MEETIN, I
.................G......................DATE:..................March....19...........1996.....TEM#............................................_. �—._...................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: S. 324th Street CDBG Sidewalk Contract Award
.................................................................................................................................._.................................................................................................................
CATEGORY:
CONSENT
_ORDINANCE
_BUSINESS
HEARING
FYI
RESOLUTION
_STAFF REPORT
PROCLAMATION
_STUDY SESSION
OTHER
BUDGET IMPACT:
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
....................................................................................................................................................................................................................................................
ATTACHMENTS: January 29, 1996 Memo to Land Use/Transportation Committee
....................................................................................................................................................................................................................................................
SUNEM ARY/BACKGROUND: In January 1995, $100,307 of CDBG funds were approved by Council for the installation of
sidewalk improvements along S. 324th Street and wheelchair ramp improvements on S. 336th Street and 9th Ave S.
The following bids were received for the S. 324th Street CDBG Sidewalk Project:
1. Brad Mason.........................$90,167.00
2. KODO Construction ..............$97,269.00
3. Gary Merlin.....................$104,509.00
4. RAM, Inc.........................$118,519.00
5. GMT, Inc.........................$130,852.00
...................6. Engineer's Estimate..............$99,101.00
.......................................................................................................................................................................................
CITY COUNCIL COMMITTEE RECOMMENDATION: Award the S. 324th Street CDBG Sidewalk Contract to
the low bidder, Brad Mason Trucking, Inc., in the amount of $90,167.00 and approve an additional 10% contingency
for the project in the amount of $9,016.70 for a total of $99,183.70, which is within budget. Authorize the City
Manager to execute the contract.
....................................................................................................................................................................................................................................................
CITY MANAGER RECOMMENDATION: rii .r L. / jv r`l
v� _�� Jrt . j�; .(` ..........................: -.(L-C L , i j
.................... .......: . ." l_ ....:,l
............ .... t.:.............�........................
APPROVED FOR INCLUSION IN COUNCIL PACKET:„11,.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED COUNCIL BILL #
DENIED ORDINANCE #
TABLEDIDEFERRED/NO ACTION RESOLUTION #
KAF0RMS\324CDBG.00V
CITY OF FEDERAL WAY
CITY ATTORNEY'S OFFICE
Memorandum
DATE: July 29, 1996
TO: Phil Watkins, Chairman, City Council Land Use and
Transportation Committee
Ron Gintz, Councilmember
Mary Gates, Councilmember
FROM: Jim McNamara, Deputy City Attorney-^
fes'(
SUBJECT: Latecomer Agreements for Improvement of City Streets
The City has received an application for the formation of an
assessment reimbursement area for the improvement of a cul de sac
off of 23rd Ave. S.W. (see attached maps) This is the first such
agreement the City has been asked to approve.
This memo is intended to provide background material on
"latecomer agreements" for the improvement of City streets.
LATECOMER AGREEMENTS
RCW 35.72.010 et seq. provides the authority for the City to
contract with owners of real estate for the construction or
improvement of street projects which the owners elect to install as
a result of ordinances that require the projects as a prerequisite
to further property development.
FWCC 20-206 to -214 Public Improvement Assessments (attached)
provides a mechanism by which the City may contract with the owners
of real estate for the construction or improvement of street
projects. The owner is subsequently reimbursed by other property
owners benefiting from the improvement. The reimbursement shall be
a pro rata share of construction and reimbursement of contract
administration costs of the street project. The City determines
the reimbursement share by using a method of cost reimbursement
which is based on the benefit to the property owner from the
project.
In brief summary, the above RCW and FWCC sections provide that
the owner of real estate who is required to construct/ improve a
street project as a prerequisite to further development may make
application to the public works director for the establishment of
an assessment reimbursement area. The application must show
detailed construction plans for the street project including
itemization of all costs and a proposed assessment reimbursement
roll.
Rather than have the project financed solely by the owners of
real estate, the City may join in the financing and be reimbursed
in the same manner as the owners of real estate who participate in
the project. However, the City may be reimbursed only for the
costs of improvements that benefit that portion of the public who
will use the developments, not for costs that benefit the general
public.
Prior to the execution of any contract establishing an
assessment reimbursement area, notice is mailed to all property
owners within the area notifying them of the potential that they
will be obligated to share in the costs of the street project and
that they have the right to request a hearing before the City
Council and object to the assessment.
If any such hearing is requested, the Council shall conduct a
hearing and make a final determination of the area boundaries, the
amount of the assessments, length of time for which reimbursements
shall be required and shall authorize the execution of appropriate
documents. The assessment reimbursement area is based upon a
determination of which parcels adjacent to the improvements would
require similar street improvements upon development.
Within 30 days of final Council approval of the assessment
reimbursement agreement the applicant must execute the agreement
and present it for signature by the City. The document is then
recorded.
The developer may then seek reimbursement from benefited
owners for up to 15 years, so long as those owners are: within the
assessment area, have a reimbursement share, did not contribute to
the original cost of the project, subsequently develop their
property within 15 years, and were not required to improve their
property previously.
The benefits to the City of employing this method are that the
streets are improved at a lower cost to the taxpayer and the
improvements are accomplished more quickly.
The benefits to the property owners are that they are not
required to shoulder the entire financial burden and the
improvements are accomplished more quickly.
The danger to the developer and property owner are that the
assessment reimbursement area may be challenged and/or the
reimbursements may not be received.
In this case, the road which was improved serves four lots.
The City required the road to be improved to City standards at the
time of the issuance of building permits for two of the lots in
1991. The cost of the road improvement was $12,675.63 and was
borne entirely by Ybarra and Ebenshade. Because one of the lots
was already developed at this time, its owner cannot be required to
participate in funding of the improvement. Therefore, the
latecomer agreement in this case would provide for the owner of the
4th, and only remaining unimproved lot, (lot #2 on the attached
site plan) to pay 1/3 of the cost of the road ($4,225.21). Payment
would be required only if the lot was improved during the time
period specified in the latecomer agreement (eg. ten years).
A copy of the latecomer's agreement proposed to be used on
this matter is attached. The proposed agreement provides for a
reimbursement period of ten (10) years but this period may be set
by Council, up to a maximum of fifteen (15) years.
cc: Londi K. Lindell, City Attorney
Greg Moore, Director of Community Development
Cary Roe, Director of Public Works
Stephen Clifton, Development Services Manager
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Township 21 North, Range 3 East, S.M., records of.King County,
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§ 20-186 FEDERAL WAY GiTY CODE
(c) Where safe and feasible, the meandering of
streets and/or sidewalks around significant trees
is encouraged.
(d) All street trees and other plantings shall be
installed in conformance with standard land-
scaping practices and with appropriate city guide-
lines and regulations.
(Ord. No. 90-41, § 1(16.360.10-16.360.40), 2-27-90)
Cross reference—Landscaping requirements in the zoning
regulations, § 22-1561 et seq.
Sec. 20.187. Monuments.
(a) Permanent survey control monuments shall
be provided for all final plats and short plats at:
(1) All controlling corners on the boundaries of
the subdivision or short subdivision;
(2) The intersection of centerlines -of roads
within the subdivision or short subdivision;
and
(3) The beginnings and ends of curves on cen-
terlines or points of intersections on tan-
gents.
(b) Permanent survey control monuments shall
be set in two-inch pipe, 24 inches long, filled with
concrete or shall be constructed of an approved
equivalent. Permanent survey control monuments
within a street shall be set after the street is paved.
Every lot corner shall be marked by a three-
quarter -inch galvanized iron pipe or approved
equivalent, driven into the ground. If any land in
a subdivision or short subdivision is contiguous to
a meandered body of water, the meander line shall
be reestablished and shown on the final plat or
short plat.
(Ord. No. 90-41, § 1(16.370.10, 16.370.20), 2-27-90)
Secs. 20-188-20-205. Reserved.
1202
ARTICLE V. PUBLIC IMPROVEMENT
ASSESSMENTS*
Sec. 20-206. Purpose.
This article is intended to implement and
thereby make available to the public the provi-
sions of RCW 35.72.010 et seq., by allowing the
city. to contract with the owners of real estate for
the construction or improvement of street projects
which the owners elect to install as a result of
ordinances requiring such projects as a prerequi-
site to further property development, and allowing
the partial reimbursement to the owner by other
property owners benefiting from such improve-
ments in certain instances.
(Ord. No. 90-22, § 1, 1-30-90)
State law reference—Contracts for street projects, RCW
35.72.010 et seq.
Sec. 20-207. Authorization.
Any owner of real estate who is required to con-
struct or improve street projects as a result of any
provision of this article as a prerequisite to fur-
ther development may make application to the
public works director for the establishment by con-
tract of an assessment reimbursement area as pro-
vided by state law.
(Ord. No. 90-22, § 2, 1-30-90)
Sec. 20-208. Contents of application.
Every application for the establishment of an
assessment reimbursement area shall be accom-
panied by the application fee specified in section
20-213 and shall include the following items:
(1) Detailed construction plans and drawings
of the entire street project, the costs of which
*Cross references—Finance, ch. 7; streets, sidewalks and
other public places, ch. 13; utilities, ch. 16; in each case where
the city requires an applicant to provide a public walkway,
public use area or other area, facility or structure that is open
to the public under the zoning regulations, the applicant may
execute an easement or similar document in a form approved
by the city attorney, § 22-10; required improvements under
the zoning regulation, § 22-1471 et seq.; official right-of-way
map adopted, § 22-1472.
State law reference—Public improvements, authority RCW
35A.40.200, 35.23.352, 35.72.010 et seq., 39.04.010 et seq.
SUBDIVISIONS
are to be borne by the assessment reim-
bursement area, prepared and stamped by
a state licensed engineer;
(2) Itemization of all costs of the street project
including, but not limited to, design,
grading, paving, installation of curbs, gut-
ters, storm drainage, sidewalks, street
lights, engineering, construction, property
acquisition and contract administration;
(3) A map and legal description identifying the
proposed boundaries of the assessment re-
imbursement area and each separately
owned parcel within the area. Such map
shall identify the location of the street
project in relation to the parcels of property
in such area;
(4) A proposed assessment reimbursement roll
stating the proposed assessment for each
separate parcel of property within the pro-
posed assessment reimbursement area as
determined by apportioning the total project
cost on the basis of the benefit of the project
to each parcel of property within such area;
(5) A complete list of record owners of property
within the proposed assessment reimburse-
ment area certified as complete and accu-
rate by the applicant and which states
names and mailing addresses for each such
owner;
(6) Envelopes addressed to each of the record
owners of property at the address shown on
the tax rolls of the county treasurer within
the assessment reimbursement area who
has not contributed a pro rata share of such
costs as based on the benefit to the property
owner from such project. Proper postage for
registered mail shall be affixed or provided;
(7) Copies of executed deeds and/or easements
in which the applicant is the grantee for all
property necessary for the installation of
such street project.
(Ord. No. 90-22, § 3, 1-30-90)
Sec. 20-209. Notice to property owners.
Prior to the execution of any contract with the
city establishing an assessment reimbursement
1203
§ 20-210
area, the public works director or designee shall
mail, via registered mail, a notice to all record
property owners within the assessment reimburse-
ment area as determined by the city on the basis
of information and materials supplied by the ap-
plicant, stating the preliminary boundaries of such
area and assessments along with substantially the
following statement:
As a property owner within the Assessment
Reimbursement Area whose preliminary
boundaries are enclosed with this notice, you
or your heirs and assigns may be obligated to
pay under certain circumstances, a pro rata
share of construction and contract adminis-
tration costs of a certain street project that
has been preliminarily determined to benefit
your property. The proposed amount of such
pro rata share or assessment is also enclosed
with this notice. You, or your heirs and as-
signs, may have to pay such share, if any de-
velopment permits are issued for development
on your property within
() years of the date a contract estab-
lishing such area is recorded with the King
County Department of Records, provided such
development would have required similar
street improvements for approval. You have
a right to object to your property's assess-
ment and request a hearing before the Fed-
eral Way City Council within twenty (20) days
of the date of this notice. All such requests
must be in writing and filed with the City
Clerk. After such contract is recorded it shall
be binding on all owners of record within the
assessment area who are not a party to the
contract. Dated:
(Ord. No. 90-22, § 4, 1-30-90)
State law reference—Assessment reimbursement con-
tracts, RCW 35.72.040.
Sec. 20-210. City council action.
If the owner of any property within the pro-
posed assessment reimbursement area requests a
hearing, notice of such shall be given to all af-
fected property owners in addition to the regular
notice requirements specified by this article. Cost
of this notice shall be borne by the applicant. At
the hearing the city council shall take testimony
from affected property owners and make a final
§ 20-210 FEDERAL WAY CITY CODE
determination of the area boundaries, the amount
of assessments, length of time for which reim-
bursement shall be required and shall authorize
the execution of appropriate documents. If no
hearing is requested, the council may consider and
take final action on these matters at any public
meeting held more than 20 days after notice was
mailed to the affected property owners.
(Ord. No. 90-22, § 5, 1-30-90)
Sec. 20.211. Preliminary assessment reim-
bursement area, amendments.
If the preliminary determination of area bound-
aries and assessments is amended so as to raise
any assessment appearing thereon, or to include
omitted property, a new notice of area boundaries
and assessments shall be given as in the case of
an original notice; provided, that as to any prop-
erty originally included in the preliminary assess-
ment area which assessment has not been raised,
no objections shall be considered by the council
unless the objections were made in writing at or
prior to the date fixed for the original hearing.
The city council's ruling shall be determinative
and final.
(Ord. No. 90-22, § 6, 1-30-90)
Sec. 20.212. Contract execution and re-
cording.
(a) Within 30 days of final city council approval
of an assessment reimbursement agreement, the
applicant shall execute and present such agree-
ment for the signature of the appropriate city of-
ficials.
(b) To be binding the agreement must be re-
corded with the county department of records
within 30 days of the final execution of the agree-
ment pursuant to RCW 35.72.030.
(c) If the contract is so filed and recorded, it
shall be binding on owners of record within the
assessment area who are not party to the agree-
ment.
(Ord. No. 90-22, § 7, 1-30-90)
Sec. 20.213. Application fees.
The applicant for street reimbursement agree-
ments as provided for in this article shall reim-
burse the city for the full administrative and pro-
fessional costs of reviewing and processing such
application and of preparing the agreement. At
the time of application a minimum fee of $250.00,
plus .025 percent of the value of the assessment
contract, to a maximum of $2,500.00 shall be de-
posited with the city and credited against the ac-
tual costs incurred. The applicant shall reimburse
the city for such costs before the agreement is
recorded.
(Ord. No. 90-22, § 8, 1-30.90)
Sec. 20-214. City financing of improvement
projects.
As an alternative to financing projects identi-
fied in this article solely by owners of real estate,
the city may join in the financing of an improve-
ment project and may be reimbursed in the same
manner as the owners of real estate who partici-
pate in the project, upon the passage of an ordi-
nance specifying the conditions of the city's par-
ticipation in such project. The city shall be
reimbursed only for the costs of improvements that
benefit that portion of the public who will use the
developments within the established assessment
reimbursement area. No city costs for improve-
ments that benefit the general public shall be re-
imbursed.
(Ord. No. 90-22, § 9, 1-30-90)
State law reference—Alternative financing method, RCW
35.72.050.
(The next page is 12551
1204
Permit Number
LATECOMERS AGREEMENT
FOR STREET IMPROVEMENTS
THIS LATECOMERS AGREEMENT ("Agreement") is dated effective
this day of , 1996. The parties ("Parties") to
this Agreement are the City of Federal Way, a Washington municipal
corporation ("City"), and George Ybarra and Karol Ybarra, Husband
and Wife; Steven Esbenshade and Sharon Esbenshade, Husband and
Wife, (Collectively "Owners").
A. The Owners are desirous of making certain street
improvements which may include grading, paving, curbs, gutters,
storm drainage, sidewalks, street lighting, traffic controls, and
other similar improvements and appurtenances thereto at, or near,
certain real property owned by the Owners.
B. There are no adjoining property owners presently
available to share in the cost and expense of the construction of
such improvements. The parties wish to enter into an agreement
providing for the installation of such improvements and providing
for partial reimbursement to the Owners of a portion of the costs
of such improvements pursuant to Chapter 35.72 of the Revised Code
of Washington.
C. The City has determined that the construction and
installation of the improvements are in the public interest and the
Owners are willing to pay all the costs and expenses for the
installation of such improvements.
NOW THEREFORE, the parties agree as follows:
1. Description of Property
1.1 Owner's Property. The Owner acknowledges that it is
the owner of the certain real property located in Federal
Way, Washington, legally described in Exhibit "A"
attached hereto and incorporated herein by this reference
("Owner's Property").
1.2 Benefited Property. Certain real property which is
adjacent to or near the Owner's Property will receive the
benefit of the proposed improvements, which properties
are legally described in Exhibit "B" attached hereto and
incorporated herein by this reference ("Benefited
Properties").
2. Improvements - The Owners agree to install, at his or her
expense, the following described improvements: regrade ditches,
fine grade road, furnish and place 2" of crushed rock, furnish and
lay 2" of hotmix asphalt pavement, furnish and place reflectors on
curb ends("Improvements").
The Owners agree that all work performed in connection with
the Improvements shall be in full compliance with all applicable
federal, state and City laws including, without limitation, all
City codes, ordinances, resolutions, policies, standards, and
regulations.
3. Cost of Improvements. The Owners agree that all expenses
and claims in connection with the design, construction and
installation of the improvements, whether for labor or materials,
have been or will be paid in full by the Owners. The Owners further
certify that the total cost of design and construction of the
Improvements is equal to Twelve Thousand, Six Hundred Seventy Five
and 63/100 Dollars ($12,675.63)("Total Cost"). If the actual cost
of the Improvements is different than the amount certified above,
the Owners shall provide documentation to the City establishing the
basis of any increased amount. In the event the City approves the
increase, this increased amount shall be the Total Cost for
purposes of calculating the Benefited Properties pro rata share.
4. Reimbursement.
4.1 Latecomer's Obligation to Reimburse. Any owner of
the Benefited Properties ("Latecomer"), who did not contribute
to the original cost of the Improvements and who subsequently
elects to develop his or her respective property within ten
(10) years from the date this Agreement is recorded with the
King County Auditor's Office and at the time of development is
not required to install any street improvements as a result of
the installation by the Owner of the Improvements, shall not
be granted a permit for the development without first paying
to the City, in addition to any and all other costs, fees, and
charges associated with permits, inspections or for street,
signalization, and lighting improvements, his or her pro rata
share of the Total Cost of the Improvements and all
administration costs associated with this Agreement, as
determined by Subsection 4.2 herein.
4.2 Pro Rata Share. The method for determining the pro
rata share of the Total Cost and administrative costs to be
paid by any Latecomer shall be one of the following, at the
City's election:
a. front foot method
b. zone front foot method
c. square footage method
d. contract method
e. trip generation (traffic) method
f. other equitable method
g. any combination of method a. through f.
(Check the applicable method of assessment)
2
The decision of the Director of Public Works or his or
her authorized representative in determining or computing the
amount due from any Latecomer shall be final and conclusive.
S. Payment to Owners. The City agrees to pay all amounts
received from Latecomers to the Owners within thirty (30) days
after receipt thereof, less a 15% processing fee ("Latecomers
Fee"). The City shall not be obligated to collect any Latecomers
Fees after the expiration of the Term of this Agreement.
6. Term/Extension of Agreement. The term of this Agreement
is for a period of ten (10) years commencing on the date this
Agreement is recorded and terminating ten (10) years thereafter;
provided, however, that in the event an extension is authorized by
the Federal Way City Council, this Agreement may be extended for
one (1) additional five (5) year period ("Term"). The extension may
be granted upon a written request by the Owners prior to the
expiration of the initial ten (10) year period.
7. Street System. The Owners agree that the Improvements
have been or are about to be connected with the transportation and
street systems of the City and, upon such connection and acceptance
by the City through its legislative body, the Improvements shall
become a part of the municipal transportation system.
8. Recordation. This Agreement shall be recorded with the
King County Auditor's Office within thirty (30) days of execution
of this Agreement by the City and the Owners.
9. Title to Improvements. The Owners hereby transfer to the
City all of the Owners' right, title and interest in and to the
Improvements. The City reserves the right, without affecting the
validity or terms of this Agreement, to make or cause to be made
extensions to or additions of the Improvements, without liability
on the part of the City.
10. Assignment of Fees. The Owners hereby assign to the City
all of the Owners' right, title and interest in and to any
Latecomer's Fees in the event the City is unable to locate the
Owner(s) to tender the same. The Owners shall be responsible for
informing the City of its current and correct mailing address. The
City will make a good faith effort to locate the Owners and in the
event the City is unable to do so, the Latecomer's Fee shall be
placed in the Special Deposit Fund held by the City for a period of
two (2) years. At any time within this two (2) year period, the
Owners may receive the Latecomer's Fee, without interest, by
notifying the City of the Owner's then current mailing address.
After the expiration of the two (2) year period, all rights of the
Owners to any Latecomer's Fees shall terminate, and City shall be
deemed to be the owner of such funds.
3
11. Enforcement. The City does not agree to assume any
responsibility to enforce this Agreement. This Agreement will be a
matter of public record and will serve as a notice to all potential
Latecomers. The owners shall be responsible to monitor those
parties enjoying the Improvements. In the event the City becomes
aware of a Latecomer, it will use its best efforts to collect the
Latecomer's Fee, but shall not incur any liability should it fail
to collect such fee.
12. Indemnification. The Owners agree to indemnify and hold
the City, its elected officials, officers, employees, agents, and
volunteers harmless from any and all claims, demands, losses,
actions and liabilities (including costs and all attorney fees) to
or by any and all persons or entities including, without
limitation, their respective agents, licensees, or representatives,
arising from, resulting from, or connected with this Agreement or
the construction or installation of the Improvements. —
13. General Provisions.
13.1 Entire Agreement. This Agreement contains all of
the agreements of the parties and no prior agreements or
understandings pertaining to any such matters shall be
effective for any purpose.
13.2 Modification. No provision of this Agreement may be
amended or added to except by agreement in writing signed by
the parties.
13.3 Full Force and Effect. Any provision of this
Agreement which is declared invalid, void or illegal shall in
no way affect, impair, or invalidate any other provision
hereof and such other provisions shall remain in full force
and effect.
13.4 Successors In Interest. This Agreement shall inure
and be for the benefit of and shall obligate all of the
parties respective successors in interest, heirs,
beneficiaries or assigns.
13.5 Attorney Fees. In the event either of the Parties
defaults on the performance of any terms of this Agreement or
either Party places the enforcement of this Agreement in the
hands of an attorney, or files a lawsuit, each Party shall pay
all its own attorneys' fees, costs and expenses. The venue
for any dispute related to this Agreement shall be King
County, Washington.
13.6 No Waiver. Failure of the City to declare any
breach or default immediately upon the occurrence thereof, or
delay in taking any action in connection with, shall not waive
such breach or default. Failure of the city to declare one
4
breach or default does not act as a waiver of the City's right
to declare another breach or default.
13.7 Governing Law. This Agreement shall be made in and
shall be governed by and interpreted in accordance with the
laws of the state of Washington.
13.8 Authority. Each individual executing this Agreement
on behalf of the City and the Owners represents and warrants
that such individuals are duly authorized to execute and
deliver this Agreement on behalf of the Owners or the City.
13.9 Notices. Any notices required to be given by the
City to the Owners or by the Owners to the City shall be
delivered to the parties at the addresses set forth below. Any
notices may be delivered personally to the addressee of the
notice or may be deposited in the United States mail, postage ---
prepaid, to the address set forth herein. Any notice so posted
in the United States mail shall be deemed received three (3)
days after the date of mailing.
13.10 Captions. The respective captions of the
paragraphs of this Agreement are inserted for convenience of
reference only and shall not be deemed to modify or otherwise
affect in any respect any of the provisions of this Agreement.
DATED the day and year set forth above.
CITY OF FEDERAL WAY
By:
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
City Attorney, Londi K. Lindell
5
Kenneth E. Nyberg, City Manager
33530 1st Way South
Federal Way, WA 98003
OWNERS
By:
By:
George Ybarra
2407 SW 342nd P1
Federal Way, WA 98023
(206) 874-3814
Steven Esbenshade
2406 SW 342nd PL
Federal Way, WA 98023
(206) 661-7280
CITY NOTARIZATION
STATE OF WASHINGTON
ss.
COUNTY OF KING
By:
Karol Ybarra
2407 SW 342nd P1
Federal Way, WA 98023
(206) 874-3814
By:
Sharon Esbenshade
2406 SW 342nd P1
Federal Way, WA 98023
(206) 661-7280
I certify that I know or have satisfactory evidence that the
person appearing before me and making this acknowledgment is the
person whose true signature appears on this document.
On this day of , 19 , before me personally
appeared Kenneth E. Nyberg, to me known to be the City Manager of
the City of Federal Way, a municipal corporation that executed the
within and 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 was authorized to execute such instrument.
WITNESS my hand and official hereto affixed the day and year
first above written.
Notary Public in and for the State of
Washington, residing at
My commission expires
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that the
person appearing before me and making this acknowledgment is the
person whose true signature appears on this document.
On this day of , 1996, before me personally
appeared George Ybarra, to me known to be the Owner, that executed
the within and foregoing instrument, and acknowledged the said
instrument to be his free and voluntary act and deed, for the uses
and purposes therein mentioned, and on oath stated that he has
executed said instrument.
WITNESS my hand and official hereto affixed the day and year
first above written.
Notary Public in and for the State of
Washington, residing at
My commission expires
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that the
person appearing before me and making this acknowledgment is the
person whose true signature appears on this document.
On this day of , 1996, before me personally
appeared Karol Ybarra, to me known to be the Owner, that executed
the within and foregoing instrument, and acknowledged the said
instrument to be her free and voluntary act and deed, for the uses
and purposes therein mentioned, and on oath stated that she has
executed said instrument.
WITNESS my hand and official hereto affixed the day and year
first above written.
Notary Public in and for the
Washington, residing at
My commission expires
7
State of
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that the
person appearing before me and making this acknowledgment is the
person whose true signature appears on this document.
On this day of , 1996, before me personally
appeared Steven Esbenshade, to me known to be the Owner, that
executed the within and foregoing instrument, and acknowledged the
said instrument to be his free and voluntary act and deed, for the
uses and purposes therein mentioned, and on oath stated that he has
executed said instrument.
WITNESS my hand and official hereto affixed the day and year
first above written. --
Notary Public in and for the State of
Washington, residing at
My commission expires
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that the
person appearing before me and making this acknowledgment is the
person whose true signature appears on this document.
On this day of , 1996, before me personally
appeared Sharon Esbenshade, to me known to be the Owner, that
executed the within and foregoing instrument, and acknowledged the
said instrument to be her free and voluntary act and deed, for the
uses and purposes therein mentioned, and on oath stated that she
has executed said instrument.
WITNESS my hand and official hereto affixed the day and year
first above written.
K:\document\ybarra.agr
Notary Public in and for the State of
Washington, residing at
My commission expires
E:3
EXHIBIT "A"
Lot 1 of King County Short Plan No. 1283026
recorded under Recording No. 8602060550; being
a portion of the North half of the South half
of the Southwest quarter of the Northeast
quarter of Section 24, Township 21 North,
Range 3 East, W.M., records of King County,
Washington.
Lot 4 of King County Short Plan No. 1283026
recorded under Recording No. 8602060550; being
a portion of the North half of the South half -
of the Southwest quarter of the Northeast
quarter of Section 24, Township 21 North,
Range 3 East, W.M., records of King County,
Washington.
9
EXHIBIT `cB"
Lot 2 of King County Short Plan No. 1283026
recorded under Recording No. 8602060550; being
a portion of the North half of the South half
of the Southwest quarter of the Northeast
quarter of Section 24, Township 21 North,
Range 3 East, W.M., records of King County,
Washington.
10
MEMORANDUM
TO: Phil Watkins, Chair
Land Use/Transportation Committee
FROM: Jeff Pratt, Surface Water Managei,-�k
DATE: July 31, 1996
RE: 1996 Surface Water Management Minor Capital Improvement Program - Small
Works Roster Bids
Background:
As a part of its 1996 Minor Capital Improvement program the Surface Water Management
division requested bids of five different small works roster contractors on three separate proposed
minor capital improvement projects. As the total bid amount is in excess of $20,000.00, we are
seeking the Council's authorization to award the bid to the lowest responsive responsible bidder.
The three minor capital improvement projects are:
At lst Avenue South and approximately S317th (near the fire station) - a culvert capacity
upgrade which is the first phase required to reduce the frequency of flooding across 1 st
Avenue. The second phase of this work will be presented for your consideration later this
month.
2. At 1st Avenue South and approximately S352nd (near the entrance to Emerald Forest
apartments) - a culvert capacity upgrade which will reduce the frequency of flooding
across 1st Avenue.
3. In the Twin Lakes subdivision near 31410 36th Avenue Southwest - abandonment of an
existing failed storm line (failed during the February 1996 storms) and replacement with a
new, relocated line.
Only two of the potential bidders returned bids, only one of which was determined to be
responsive. Lloyd Enterprises, Inc. Is the responsive bidder with a bid of $102,260.36 which can
be itemized as follows:
Project 1. $ 14,977.50
Project 2. $ 51,612.50
Project 3. $ 27,920.00
Tax $ 7,749.86
Subtotal $ 102,259.86
Contingency $ 10,225.98
TOTAL $112,485.84
Subsequent to design, our cost estimate for the project was $94,420.73 - a difference of
$7,839.13. The project costs are slightly above the budgeted amount of $106,605.00. However,
a portion of the cost of two of these projects will be paid by the Federal Emergency Management
Agency (FEMA). FEMA will pay $20,013.00 toward project (2.) Costs and $21,353.00 toward
project (3.) Costs and will offset the difference between budget and bid plus contingency.
Recommendations:
Staff recommends that Committee forward this matter to Council for consideration at their
August 6, 1996 meeting and that the bid be awarded to Lloyd Enterprises, Inc. In the amount of
$102,259.86 and that a 10% contingency in the amount of $10,225.98 be authorized for the
projects.
K:\SWM\M1N0RC1P\B1DAWD.LLrr
DATE:
TO:
FROM:
SUBJECT:
CITY OF FEDERAL WAY
CITY ATTORNEY'S OFFICE
Memorandum
July 30, 1996
City of Federal Way Land
Committee
Phil Watkins, Chairman
Ron Gintz, Councilmember \�
Mary Gates, Councilmember
Attorney
Use and Transportation
Katie C. Healy, Contract
Proposed Right -of -Way Agreement with Metricom
THE METRICOM SERVICE
Metricom provides for wide area wireless data communications
networks. Metricom approached the City of Federal Way to negotiate
an agreement which would authorize Metricom to use certain rights-
of-way within the City for Metricom's data communications system.
The network uses frequency -hopping, spread spectrum, packet
radios. The packet radio repeaters are shoe -box size and require
low power levels. They would be mounted on light poles owned by
Puget Power. The poletop radios are typically deployed in a
cluster from one-half to two miles apart in a "mesh topology". The
subscriber device is a portable radio modem that connects with a
cable to the serial port of a computer.
THE AGREEMENT
The proposed Right -of -Way Agreement (which is attached) would
allow Metricom to place the packet radios on utility poles
throughout the City. Metricom must first obtain all necessary
permits, and must comply with all City ordinances and requirements.
The Agreement is to be effective for five (5) years, and would
be automatically renewable for five year periods unless either
party gives appropriate notice of termination.
Memo to City of Federal Way LUTC
RE: Proposed Right -of -Way Agreement with Metricom
July 30, 1996
Page 2
A $2,000 administrative charge is assessed. Metricom must
also pay all appropriate taxes, including local utility taxes.
Additional provisions cover relocation, indemnification and repair
concerns. The Agreement also allows the City to benefit from
Metricom's state of the art communication services during the term
of the Agreement.
RECOMMENDATION
We recommend the committee approve the Right -of -Way Agreement
and forward it to the full City Council for approval. Some
municipalities are using franchise agreements while others, like
Bellevue, are using right-of-way agreements similar to this.
The term of the Agreement is short. It allows Metricom to
locate in the City and have some time to get established. Any
concerns which arise during the next few years can be addressed in
the next agreement.
This type of service may be of the sort on which franchise
fees are prohibited, so the Right -of -Way Agreement is appropriate
as no such fees are required at this time by the Agreement. Within
the next five years, we should have some clarification as to
whether franchise fees can be imposed. At that time, after
Metricom has had an opportunity to establish itself, such fees can
be negotiated with Metricom if the fees are allowed by statute.
K:\MEMO\metricom.kch
(7-30-96)
RIGHT-OF-WAY USE AGREEMENT
This Right -of -Way Use
effective this day of
Agreement ("Agreement")
1996.
is dated
WHEREAS, Metricom Inc., a Delaware corporation ("Metricom")
and the City of Federal Way, a Washington municipal corporation
("City"), have engaged in negotiations regarding authorization to
install, operate and maintain a data communications system
available to the public by subscription in certain rights-of-way of
the City; and
WHEREAS, Metricom and the City desire to enter into an
agreement authorizing Metricom to use certain rights-of-way within
the City for its data communications system subject to certain
conditions and restrictions.
NOW, THEREFORE, the Metricom and the City agree as follows:
A. Authorization. Metricom is authorized to use those certain
City rights-of-way as specified in Attachment A (attached
hereto and incorporated by this reference as though fully set
forth herein), for the purpose of constructing, replacing,
maintaining and using equipment and facilities for a data
communications system available to the public by subscription,
provided that Metricom shall first obtain all necessary
permits and authorizations required by the City. Such permits
and authorizations shall be issued subject to the General
Conditions set forth in Sections 1 through 11 of Paragraph H
of this Agreement which General Conditions shall be
incorporated by reference in such permits and authorizations
as if fully set forth in whole therein. Such permits and
authorizations shall also be subject to any other applicable
City ordinances, resolutions, codes, policies and standards.
Nothing provided in this Agreement shall in any way limit the
City's authority to otherwise exercise its police powers or
other lawful authority.
B. Additional Authorization. Metricom and the City recognize
that the rights-of-way authorized to be used by Metricom
pursuant to Paragraph A above, will permit Metricom to
construct its initial system which is to be comprised of radio
transmitters installed on utility poles and/or facilities.
Metricom and the City further recognize that Metricom may need
to utilize additional rights-of-way in order to be able to
provide service to its customers. Metricom agrees to
cooperate with the City's Department of Public Works to
identify and evaluate those additional rights-of-way necessary
for Metricom to serve its customers. Priority shall be given
to use of those rights-of-way, construction upon which can be
coordinated with other City and private construction
activities, which will least impact the existing condition of
the right-of-way, least impact traffic during construction,
and least impact adjacent neighborhoods during construction
and after installation. The City Manager, acting on
recommendation of the Director of the Department of Public
Works, or other person designated by the City Manager, shall
be authorized to approve the use by Metricom of such
additional rights-of-way requested by Metricom which the City
Manager deems appropriate. Additional rights-of-way which the
City Manager authorizes for use shall be listed and made an
addendum to Attachment A.
C. Fees. Metricom shall not be subject to a franchise fee for
purposes of this Agreement. Metricom shall be subject to a
one time administrative fee of Two Thousand and 00/100 Dollars
($2000.00) relating to the issuance and administration of this
Agreement. Metricom agrees to pay such administrative fee on
or before the effective date of this Agreement. Nothing
provided herein shall exempt or in any manner limit Metricom's
obligation to pay any tax required by Title 14 of the Federal
Way City Code or any other City ordinance. Metricom shall be
obligated to pay all taxes, including but not limited to local
utility taxes, as provided for in Title 14 of the Federal Way
City Code or any other City ordinance.
D. Term. This Agreement shall be in effect for a period of five
(5) years from the effective date of this Agreement and shall
be automatically renewed every five years thereafter unless
either party provides the other party with a notice of
termination at least sixty (60) days prior to the termination
date of this Agreement or any subsequent renewal date. In the
event that Metricom desires to modify the type of system
(radio transmitters on utility poles and/or facilities) that
is authorized by this Agreement, Metricom must first seek and
obtain approval from the City.
E. Failure to Commence Construction. This Agreement shall become
null and void and of no force and effect if Metricom fails to
commence construction of its facilities/ system within one (1)
year of the effective date of this Agreement, unless otherwise
agreed to in writing by the City.
F. Facilities Availability.
1. To the extent that Metricom makes its facilities and/or
services available to other governmental entities within
the state of Washington in exchange for the use of
property similar to those rights-of-way authorized to be
used by Metricom hereunder, Metricom shall also make such
facilities and services available to the City subject to
similar terms and conditions.
- 2 -
2. The City may agree by separate agreement to make City
facilities, such as poles and traffic signals, available
for use by Metricom provided that Metricom provides fair
market value for the use of such facilities or such other
compensation or services as the City deems equivalent and
provided that Metricom's use of such City facilities does
not interfere with the City's use of such facilities.
3. It is understood that all Metricom facilities to be
installed pursuant to this Agreement will be installed on
existing utility poles and/or facilities owned by Puget
Power or the City unless otherwise agreed to in writing
by the City. Metricom shall not construct or cause the
construction of any poles or other structures within City
rights-of-way.
G. Technological Changes. To address technological changes in
the state-of-the-art communication services during the term of
this Agreement, the City may elect to review, at intervals not
less than three (3) years, the Metricom communications system
and services in light of reasonable City needs and interests.
Should such review identify a needed change in facilities
and/or service provision, Metricom shall meet and confer with
representatives of the City concerning any identified
communications requirements of the City that Metricom might
fulfill.
H. General Conditions. The General Conditions referenced in
Paragraph A are as follows:
Section 1. Permits and Authorizations. Metricom shall
apply for and obtain all necessary permits and
authorizations prior to the construction, installation
and operation of its data communications system in those
certain rights-of-way specified in Attachment A and any
addenda thereto.
Section 2. Installation of Facilities. All facilities
and equipment shall be installed and maintained at such
locations shown in Attachment A, and any addenda thereto,
as may be approved by the City so as to least interfere
with existing and planned utilities and with the free
passage of traffic and in accordance with the laws of the
State of Washington and the ordinances and standards of
the City regulating such construction. For purposes of
this Section 2, "planned" shall mean utilities and
transportation projects which the City intends to
construct in the future, which intent is evidenced by the
inclusion of said projects in the Capital Investment
Program Plan, a comprehensive utility plan or other
written construction or planning schedule.
- 3 -
Section 3. Relocation. Whenever the City undertakes or
approves the construction of any sewer, water or storm
drainage line (8" inside diameter or larger) or other
street improvement project, including, without
limitation, installation of traffic signals, street
lights, sidewalks and pedestrian amenities wherein the
facility so constructed or approved is or shall become,
by gift, transfer, dedication or otherwise, a public
facility owned, maintained or operated by the City, and
such project necessitates the relocation of Metricom's
then existing facilities, the City shall:
3.1.1 Provide Metricom written notice requiring
such relocation at least ninety (90) days prior to
the commencement of such improvement project; and
3.1.2 Provide Metricom with copies of pertinent
portions of the plans and specifications for such
street improvement project so that Metricom may
relocate its facilities to accommodate such street
improvement project.
No later than eighty (80) days after receipt of
such notice and such plans and specifications,
Metricom shall complete the relocation of such
facilities at no charge or expense to the City so
as to accommodate such improvement project at least
ten (10) days prior to commencement of such
improvement; provided, that such 80 -day period
shall be extended by mutual agreement or in the
event of an occurrence of an "act of God."
3.2 As to any relocation of Metricom facilities wherein
the cost and expense thereof is to be borne by Metricom
in whole or in part, in accordance with this Section 3,
Metricom may, after receipt of written notice requesting
such relocation, submit to the City written alternatives
to such relocation. Upon receipt, the City shall
evaluate such alternatives and shall timely advise
Metricom in writing if one or more of the proposed
alternatives is suitable to accommodate the work which
would otherwise necessitate relocation of Metricom's
facilities. If so requested by Metricom, the City shall
give each alternative proposed by Metricom full and fair
consideration. In no case shall the City arbitrarily
reject reasonable alternatives. In the event that the
City is satisfied, after due consideration, that there is
no other reasonable alterative, Metricom shall relocate
its facilities as otherwise provided in this Section 3.
- 4 -
The City's determination that there is no reasonable
alternative shall be conclusive and not subject to any
City appeal process.
3.3 The provisions of this Section 3 shall in no manner
preclude or restrict Metricom from making any
arrangements it may deem appropriate when responding to
a request for relocation of its facilities by any person
or entity other than the City.
Section 4. Repairs. If the City requires the relocation
(temporary or permanent) of Metricom's facilities for the
purpose of repairing or maintaining any City owned, operated
or maintained facility, Metricom shall make such relocation
at no cost to the City. Metricom shall have the right to
propose alternatives to such relocation to the same extent and
subject to the same limitations as set forth in subsection 3.2
above. The provisions of this Section 4 shall not preclude or
restrict Metricom from making any arrangements it may deem
appropriate when responding to a request for relocation of its
facilities by any person or entity other than the City.
Metricom shall be solely responsible for the maintenance,
repair or replacement of its own facilities regardless of the
cause of any damage thereto. The City shall have no
obligation to maintain, repair or replace any Metricom
facility whether or not located on City utility poles or
facilities.
Section 5. Record of Installations.
5.1 To the extent such requests are limited to specific
facilities at a given location in connection with a City
street improvement project, Metricom shall provide to the
City, upon the City's request, copies of available
drawings in use by Metricom showing the location of such
facilities. As to any such drawings so provided,
Metricom does not warrant the accuracy thereof and to the
extent the location of the facilities are shown, such
facilities are shown in their approximate location. With
respect to any excavations by Metricom or the City near
Metricom's facilities, Metricom and the City shall each
comply with its respective obligations pursuant to
chapter 19.122 RCW and any other applicable state law.
5.2 Upon written request of the City, Metricom shall
provide the City with the most recent update available of
any final plan of potential improvements to its
facilities; provided, however, any such plan submitted
shall be for informational purposes only and shall not
obligate Metricom to undertake any specific improvements,
- 5 -
nor shall such plan be construed as a proposal to
undertake any specific improvements. The City agrees not
to disclose such information unless required to do so
pursuant to chapter 42.17 RCW. In any event, the City
agrees to notify Metricom of the anticipated disclosure
,of such information at least five (5) days prior to such
disclosure.
Section 6. Restoration After Construction. Metricom shall,
after construction, maintenance or repair of facilities,
restore any disturbed right-of-way to City specifications and
standards generally applicable to all utilities using City
rights-of-way. All concrete encased recorded monuments which
have been disturbed or displaced by such work shall be
restored pursuant to City standards and specifications.
Metricom agrees to promptly complete restoration work and to
promptly repair any damage caused by such work to the right-
of-way at its sole cost and expense.
Section 7. Hold Harmless and Indemnity.
7.1 Metricom shall indemnify, hold harmless and defend
the City, its elected and appointed officials, employees,
and agents (including reimbursing the City for all costs
and attorneys' fees) from any and all damages, claims, or
demands, of any kind, on account of bodily injury to or
death of any and all persons (including but not limited
to Metricom, its agents, employees, subcontractors and
their successors and assigns as well as the City or the
City's employees, elected and appointed officials,
agents and contractors), and/or on account of all
property damage of any kind, whether tangible or
intangible, including loss of use resulting therefrom, in
connection with any work performed by Metricom, or caused
in whole or in part by reason of the presence of
Metricom's equipment or Metricom's officials, employees,
agents, contractors, subcontractors, or their property,
employees or agents, upon or in proximity to City rights-
of-way, except only for those losses resulting
principally from the negligence or intentional misconduct
of the City, its employees, agents and contractors.
7.2 This indemnification, hold harmless, and defense
agreement includes the promise that Metricom shall
indemnify, hold harmless and defend the City, its elected
and appointed officials, employees and agents (including
reimbursing the City for all costs and attorneys' fees)
from any and all damages, claims, or demands of any kind
on account of a violation of city, county, state or
federal laws relating to environmental health except only
for a loss resulting principally from the negligence or
intentional misconduct of the City.
Section S. Insurance. Metricom shall maintain in full force
and effect throughout the term of this Agreement the
following:
8.1 One Million Dollars ($1,000,000) comprehensive
general liability insurance for bodily injury or death to
any one person; and
8.2 Two Million Dollars ($2,000,000) comprehensive
general liability insurance for bodily injury or death
resulting from any one accident;
8.3 One Million Dollars ($1,000,000) comprehensive
general liability insurance for property damage resulting
from any one accident; and
8.4 The City shall be named as an additional insured on
any policy for the purposes of any actions performed
under this Agreement.
Section 9. Non -Exclusive. The rights and privileges herein
granted shall not be deemed exclusive and the right is hereby
reserved to the City to grant to any other person, company,
corporation or association, including the City, the right to
exercise the rights and privileges herein granted. In the
event that the City subsequently authorizes another person,
company, corporation or association to install any equipment
or facilities on City poles on which Metricom has previously
installed equipment, (i) the City will notify such person to
contact Metricom for the purpose of providing information
necessary to reasonably verify that such new equipment will
not substantially interfere with Metricom's operations and
(ii) that in the event that such interference does occur such
person agrees to work with Metricom to assure to the extent
possible that the new system will not substantially interfere
with Metricom's system.
Section 10. Police Powers. Nothing contained herein shall be
deemed to affect the City's authority to exercise its police
powers. Metricom shall not by this agreement obtain any
vested rights to use any City right-of-way except as provided
herein and then only subject to the terms and conditions of
this Agreement. This Agreement and the permits and
authorizations issued hereunder shall be governed by
applicable City ordinances in effect at the time of
application for such permits and authorizations and by any
subsequently adopted ordinances deemed necessary by the City
Council to protect the public safety or health.
Section 11. Removal of Facilities. Upon termination or non-
renewal of this Agreement as provided herein, Metricom shall
forthwith, upon notice by the City, vacate and remove at its
- 7 -
own expense all facilities so designated by the City from all
streets and rights-of-way within the City and shall restore
said streets and rights-of-way to their former condition;
provided, however, Metricom shall have the right to sell its
physical facilities to a successor or transferee or to the
City, subject to City approval, in which case said facilities
need not be removed. If Metricom fails to remove its
designated facilities upon request, the City may perform the
work at Metricom's expense. In any event, the City shall have
the option of taking possession and ownership of any
facilities which Metricom fails to remove from City rights-of-
way within six (6) months after being requested to do so by
the City pursuant to this section.
In the event that Metricom abandons any of its facilities in
City rights-of-way, the City may take any action necessary to
remove such facilities from City streets and rights-of-way
and/or may take possession and ownership of any such
facilities for any municipal purpose.
I. Modifications of Terms and Conditions. The City and Metricom
hereby reserve the right to alter, amend or modify the terms
and conditions of this Agreement upon written agreement by
both parties to such alteration, amendment or modification.
J. Severability. If any term, provision, condition, or portion
of this Agreement shall be held to be invalid or
unconstitutional for any reason, the portion declared invalid
shall be severable and the remaining portions of this
agreement shall be enforceable unless to do so would be
inequitable or would result in a material change in the rights
and obligations of the parties hereunder.
K. Non Transferable. The rights and privileges granted to
Metricom as provided in this Agreement may not be assigned or
transferred to any other entity without written approval of
the City, which approval shall not be unreasonably withheld or
delayed. Notwithstanding the foregoing, Metricom may assign
its rights under this Agreement in whole or in part to a
parent company, subsidiary, purchaser of all or substantially
all of the assets of Metricom or any entity into which
Metricom may merge, consolidate or reorganize, or to a lender
as part of a corporate reorganization, financing or
refinancing activity, provided that any successors or assigns
shall agree to assume all obligations of Metricom and provided
further that they shall bind themselves to the conditions and
terms of this Agreement to the same extent as Metricom, by
means of a fully executed legal instrument indicating such
commitments.
L. Reimbursement of City. Metricom shall reimburse the City,
upon submittal by the City of an itemized billing by project
of costs, for Metricom's proportionate share of all actual,
identified expenses incurred by the City in planning,
designing, constructing, installing, repairing or altering any
City facility as the result of the presence in the right-of-
way of Metricom's facilities. Such costs and expenses shall
include but not be limited to Metricom's proportionate cost of
City personnel utilized to oversee or engage in any work in
the right-of-way as the result of the presence of Metricom's
facility in the right-of-way. Such costs and expenses shall
also include Metricom's proportionate share of any time spent
reviewing construction plans in order to either accomplish the
relocation of Metricom's facilities or the routing or
rerouting of any utilities so as not to interfere with
Metricom's facilities. The time of City employees shall be
charged at their respective rate of salary, including overtime
if utilized, plus benefits (approximately 22% of salary) and
overhead. Any other costs will be billed proportionately on
an actual cost basis. All billings will be itemized so as to
specifically identify the costs and expenses for each project
for which the City claims reimbursement. A charge for the
actual cost incurred in preparing the billing may also be
included in said billing. The billing may be on an annual
basis, but the City shall provide Metricom with the City's
itemization of costs at the conclusion of each project for
information purposes. The City agrees to provide Metricom
with reasonable notice before incurring any of the above
expenses on behalf of Metricom.
M. Notices. Any notices required to be given under this
Agreement shall be delivered at the addresses set forth below.
Any notices may be delivered personally to the addressee of
the notice or may be deposited in the United States mail,
postage prepaid, to the address set forth below. Any notice
so posted in the United States mail shall be deemed received
three (3) days after the date of mailing.
N. Entire Agreement. This Agreement contains all of the
agreements of the parties with respect to any matter covered
or mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be
effective for any purpose.
O. Modification. No provision of this Agreement may be amended
or added to except by agreement in writing signed by both of
the parties.
P. Governing Law. This Agreement
governed by and interpreted in
State of Washington.
shall be made in and shall be
accordance with he laws of the
Q. Authority. Each individual executing this Agreement on behalf
of the City and Metricom represents and warrants that such
individual is duly authorized to execute and deliver this
Agreement on behalf of the City or Metricom.
DATED the day and year set forth above.
METRICOM, INC.
By:
Its:
29009 13th Avenue South
Federal Way, WA 98003
(206) 946-5041
CITY OF FEDERAL WAY
By:
Kenneth E. Nyberg
Its:City Manager
33530 1st Way South
Federal Way, WA 98003
(206) 661-4031
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
City Attorney, Londi K. Lindell
- 10 -
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day personally appeared before me
to me known to be the of
Metricom, Inc., the corporation 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
1996.
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State of
Washington.
My commission expires:
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day, personally appeared before me, the undersigned,
a Notary Public in and for the State of Washington, duly
commissioned and sworn, Kenneth E. Nyberg, to me known to be the
City Manager of the City of Federal Way, a Washington municipal
corporation, the corporation 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 was
authorized to execute the said instrument.
Given under my hand and official seal this day of
19
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State
of Washington.
My commission expires:
Attachment A
Scope of Work
Parties: City of Federal Way and Metricom Incorporated
Scope: All routes for installation of the system shall be
reviewed and approved by the Department of Public
Works.
Location: [insert locations of installations]
K:\document\metricom.rou
- 12 -
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Wireless Net link lets
laptop users reach out
BY WILLIAM MCCALL
Associated Press
PORTLAND — Nancy and Tim
Melone are the typical busy couple, of
the '90s: She's a University of Oregon
business professor, he's the dean.
But they've found a typically cut=
ting -edge way to stay in touch. With
laptop computers and a wireless Inter-
net link on the Eugene campus, they
can chat by e-mail — anytime, any-
where.
"We love it," said Nancy Melone.
The wireless system.. Ricochet, was
created by Metricom Inca of Los Gatos,
Calif., starting with students and corpo-
rate campuses and lately expanding to
consumers. Backed by Microsoft Corp.
co-founder Paul Allen, Metricom has
linked the entire San Francisco Bay
Area and is finishing Seattle and Wash-
ington, D.C.
Metricom customers plug small,
wireless modems about the size of a TV
remote control into a laptop computer.
They relay signals to larger modems
about the size of a shoe box, hung on
utility poles, which in turn relay signals
to leased telephone lines.
The signals are routed to Houston
and linked to the Internet.
Metricom plans to move into 50
metropolitan areas in the next three
years to provide wireless access to
laptop -computer users across the na-
tion.
"We take the laptop computer and
hook it to the Internet, and those are
two explosive markets," said Bill
Swain, Metricom chief financial officer.
The company's wireless networks
are part of a growing move into mobile
digital communications.
AT&T Wireless Services recently
announced plans for PocketNet, a cellu-
lar phone that will browse the Internet
for information such as phope numbers,
flight schedules and e-mail.
However, Metricom's roots are on
college campuses. Besides the Univer-
sity of Oregon, it has taken hold at
Oregon State University at Corvallis;
Austin College in Sherman, Texas; the
University of Miami; California Poly-
technic in San Luis Obispo; the Univer-
sity of California at Berkeley and at
Santa Cruz; and Stanford University in
the Bay Area.
For many computer users, a Rico-
chet connection takes the place of a
second telephone line, freeing up their
main number for old-fashioned talking.
The cost per month, when discounted
for students, is often less than the price
of a second line and separate Internet
access through a commercial provider.
Fred Siff, the associate vice chancel-
lor for computing at the University of
California at Santa Cruz, said the
,school has benefited from the Ricochet
system because it has proven more
cost effective than rewiring the campus
with additional telephone lines.
"I felt it was the right sort of
technology that fits the culture here,
which is outdoors, mobile and kind of
free -form," Siff said.
Growth beyond the confines of aca-
demia will depend on how fast consum-
ers and businesses adapt, said Andy
Seybold, publisher of the newsletter
Outlook on Mobile Computing.
Government and market forces all
are pushing toward wireless communi-
cation for the broad consumer market,
Seybold said. Perhaps the real question
for Metricom is whether it can expand
fast enough, he added.
MEMO
TO: Land Use Committee
FROM: Kathy McClung, Deputy Director Development Services'Ok\
DATE: July 30, 1996
RE: Sign Enforcement Update
Land Use Committee Chair Watkins has requested an update on the
sign enforcement program and specifically asked for information
on the interpretation of public right of way, government signs
and the program for enforcement after this major program is
completed.
Last winter the City Council recommended and approved a program
and budget to hire temporary summer staff to accelerate the
efforts of the sign enforcement program. The goal is to inform
city businesses of their sign status and remove the signs that
require immediate compliance such as portable signs and banners.
We had a slow start in June when I interviewed several people for
the summer positions and had several of them decline job offers
or resign after working here one or two weeks for permanent
positions. Mike Miller, an intern hired last summer and working
part time all year on sign enforcement also left for a permanent
job at the end of June. Fortunately we were able to hire three
men in June that we have been able to retain and they have done
an incredible job for us.
Since June, 250 notices have been mailed and 12 --citations have
been issued. Two of those cited have filed appeals which will be
heard by the Hearing Examiner in August. Four sign sweeps have
been completed with about 50 signs picked up in the right of way.
Approximately 1000 files have been prepared for a mass mailing
which will occur prior to August 16th. We estimate that about 75%
of those businesses have non -conforming signs. Since we started
mailing notices, Betty's phone has been very busy. She is
averaging between 10-15 calls a day regarding sign enforcement.
Surprisingly, about 40% of those calls have been positive or at
least constructive. Our sign permit applications are also up due
to the large number of signs we have caught without permits since
last year's inventory.
As a reminder, our policy has been to pick up signs in public
right of way and send notices for signs requiring immediate
compliance outside of public right of way. When we first started
this program we defined the right of way as anything street side
of a telephone pole. In most cases this would be accurate
however, sometimes the telephone poles are on easements. Since
we don't have that information readily available to us,
especially in the field, we have changed our policy. Now the team
picks up signs in any area.street side of a sidewalk and where
sidewalks are non-existent, street side of utility boxes. This
should protect the City from potential claims of picking up signs
on private property.
Government signs are defined in the Code as follows:
"any temporary or permanent sign erected and maintained by
any city, public utility, county, state, or federal
government for designation of or direction to any school,
hospital, hospital site, property, or facility, including
without limitation traffic signs, directional signs, warning
signs, informational signs, and signs displaying a public
service message."
Section 22-1599 C2(h) exempts government signs from obtaining a
sign permit, however, the number and content of such signs must
be approved by the city.
Once all businesses have been notified of their sign status and
we have completed the notification/citation process for signs
requiring immediate compliance, we are hoping to maintain the
program by:
* handing out our sign brochure to all business registration
applicants and through the Chamber packets
* responding to sign complaints
* keeping the sign inventory up to date
* progressively working on target areas for maintenance of
the program
* continuing to work with special groups ie. Chamber
committees, realtors, apartment managers
I am planning to prepare a complete report for all of the council
this Fall after the majority of the notification and citations
have been issued.
MEMO
TO: Land Use Committee Members
FROM: Kathy McClung, Deputy Development Services Director
DATE: July 30, 1996
RE: Impact of Code on school portable projects
The Federal Way City Code requires certain improvements be made
to a site at the time that any expansion to the buildings is
made. The improvements required to be brought into compliance
with current regulations include parking and landscape buffers.
Water quality requirements are also usually applied at the time
of any remodeling or building addition.
The City has worked out a system with the Federal Way School
District whereby they can submit a site plan application for
several portables on the site which they can install over a
period of years. A standard site plan application is only valid
for one year. This saves the School District time and money by
receiving approvals in advance of when they need them.
Often times the City must require that the school site's
landscaping be brought up to Code. This was especially a problem
in the early years of incorporation when the Code required
schools to provide 30 feet of dense landscaping next to any
residential properties. In 1994 the landscaping regulations were
amended to require 10 feet of landscaping along all property
lines. In addition to perimeter landscaping, additional
landscaping may be required in parking lots.
City staff recognize the significant cost that landscaping can
add to a school portable project and have given credit for
natural vegetation whenever possible and have granted
administrative waivers when the criteria is met.
Water quality improvements require immediate compliance according
to the Code. Practically the City does not apply them unless
there are other improvements occuring on the site. Typically only
the drainage from the protable itself would have to be addressed.
Attached is a memo from Calvin Gasaway of Jeffrey Greene
Associate Architects with a cost estimate for two particular
school portables.
If the Council wishes to change the way the Code has been applied
to the school district then several options are available for the
Council to consider:
1. Incorporate these issues into the amendments to the
nonconforming chapter of the Code. This item is fairly high on
MEMO
TO: Land Use Committee Members
FROM: Kathy McClung, Deputy Development Services Director
DATE: July 30, 1996
RE: Impact of Code on school portable projects
The Federal Way City Code requires certain improvements be made
to a site at the time that any expansion to the buildings is
made. The improvements required to be brought into compliance
with current regulations include parking and landscape buffers.
Water quality requirements are also usually applied at the time
of any remodeling or building addition.
The City has worked out a system with the Federal Way School
District whereby they can submit a site plan application for
several portables on the site which they can install over a
period of years. A standard site plan application is only valid
for one year. This saves the School District time and money by
receiving approvals in advance of when they need them.
Often times the City must require that the school site's
landscaping be brought up to Code. This was especially a problem
in the early years of incorporation when the Code required
schools to provide 30 feet of dense landscaping next to any
residential properties. In 1994 the landscaping regulations were
amended to require 10 feet of landscaping along all property
lines. In addition to perimeter landscaping, additional
landscaping may be required in parking lots.
City staff recognize the significant cost that landscaping can
add to a school portable project and have given credit for
natural vegetation whenever possible and have granted
administrative waivers when the criteria is met.
Water quality improvements require immediate compliance according
to the Code. Practically the City does not apply them unless
there are other improvements occuring on the site. Typically only
the drainage from the portable itself is addressed.
Attached is a memo from Calvin Gasaway of Jeffrey Greene
Associate Architects with a cost estimate for two particular
school portables.
If the Council wishes to change the way the Code has been applied
to the school district then several options are available for the
Council to consider:
1. Incorporate these issues into the amendments to the
nonconforming chapter of the Code. This item is fairly high on
07/01/96 13:42
Daly 1, 1996
FAX 1 206 941 5122 JEFF GREENE ASSO 344 CITY OF FEDERAL 0001
Nffiz Thomas
Senior P'huu=
Cay of way
335301st Way South
Federal Way, WA 98003
Deas Mr- Thomas:
Pastor Fac Note 7571
orate = of
To
Fralt
3
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New Portable
pt10f7t: •
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r • • 1 It - costfor the !t•d1 t'• r: • -atFederalWay. JtSchool- • cqI -
,1 • Y. a ti ! • 1 •require f t ba! 1 1.• design : /;d •:UIHt fees redum •'s l ! s 1
6• •111 • • 1 areas follows:�
Lalm Grove
>t s, ,t >e
1Ti'i aI i
Fees
$1,400-00
DistdLtAdrafifismfim
$1,500.00
New Portable
$7,500.00
WOO
�'0
ftli
i.Il•1
$2,500.00
NEM
$1,000.00
Elecuir.d
V5,000.00
. f l
4
$20,000-00
ales Taac on ,750.00"5� 473. 0
$83,123.00
Federal way Ham, School (Anticipated)
Desiga Fees
$15,000.00
Peaait Fees
V1000.00
District Administration
$2,500.00
Relocate Portable
$7,500.00
Walks, Rig Wall.
$5,000.00
Storm Drage
$1,000.00
NEM
$2,500.00
Ela�
V5,000.00
I andsc spina
Sales Tax on $287,742.00
$246,742-00
$23,595.00
$311,337.00
JEFFREY L. GREENE ASSOCIATES
ARCHITECTS
POST OFFICE BOX 4158
1524 SOUTH DASH POINT ROAD
07/01/96 MON 13:4 [T%/Rg NO 5303)
07/01/96 13:43 FAX 1 206 941 5122 JEFF GREENE ASSO CITY OF FEDERAL lih002
• ... Il . 1 1 . a .II- 11 - 1[ ✓ I .1■ . 1 • ■ •1 Y. , - 1 • ... •- n1 11 : 11 • • 1 1 • . 11 - 1.1
.11 ■ Z�r gjam • al 1 _ - ■.1 • �: • • i . Y� 1 Me • 1 ►.,VL • f■. )1 ■1 :.11
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If you have any gaesdons plea= call = az 941-4937.
Smce>:c1
7 Gasaway
CJGIes
07/01/96 MON 13:44 [T%/R% NO 53031
To: Land Use & Transportation Committee
From: Greg McCormick, AICP MEMORANDUM
Subject: Status - PAA Boundaries
Date: July 30, 1996
City staff has been working for the past several years with surrounding communities to come to
agreement on potential annexation area boundaries. The City has been successful in coming to
agreement with the cities of Kent, Auburn, Pacific, Algona and Milton on PAA boundaries. The
only jurisdiction yet to sign an interlocal agreeing to a PAA boundary is Des Moines.
The Des Moines city council has discussed this issue at a July meeting and is scheduled to hold
further deliberations on this issue at their August 8th meeting. It is unclear at this time what action
is being contemplated by the Des Moines council. However, it has been indicated that the Des
Moines city manager will recommend that the council approve the PAA boundary agreed to by
Federal Way and Des Moines staff at the meeting on August 8th.
City staff has requested a map of the Redondo annexation area and will provide a display map
at the August 5th meeting which will indicate the existing Federal Way city limits, Des Moines city
limits, proposed PAA boundary, the area included in the Redondo annexation and areas that
remain in unincorporated King County.