LUTC PKT 01-04-2010City of Federal Way
City Council
Land Use/Transportation Committee
January 4, 2010 City Hall
5:30 .m. Cou ncil Chambers
MEETING AGENDA
(Electronic Version)
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMITTEE BUSINESS
Topic Title/Description
A. Approval of Minutes: December 7, 2009
B. West Hylebos Creek Culvert
Replacement/Removal and Flood Control
Improvements Project 50% Design Status
Report; Interlocal Agreement with
Lakehaven Utility District
C. S 348�' Street at 1� Avenue S Intersection
Improvement Project 100% Design
Status Report
D. Acceptance of Grant Funding for
Transportation Improvement Projects
E. 2010 Asphalt Overlay Program Revised
Preliminary Project List and Authorization
to Bid
F. 21� Avenue SW Speed Study Results
Presenter Page
LeMaster 2
Appleton 5
Mulkey 11
Mulkey 13 Action
Salloum 43 Action
Perez 55 Information
Action
or Info
Action
Action
Action
Council
Date
N/A
Consent
1/19/20109
Consent 5 min.
1/19/10
Consent 5 min.
1/19/10
Consent 5 min.
1/19/10
N/A 5 min.
Time
5 min.
10 min.
4. OTHER
5. FUTURE MEETINGS/AGENDA ITEMS: The 1/18/10 LUTC falls on a holiday and will be rescheduled for Monday,
January 25, 2010, if needed. The next regularly scheduled meeting will be Monday, February 1, 2010.
6. ADJOURN
Commit�e Members
Linda Kochmar, Chair Cary M. Roe, P.E., Directo� ofParks, Public Works and Emergency Management
Da�lene LeMaster, Adminislratrve Assistant II
D/ni Duc%s 253 835-1701
G.• �L(/TC�LUTCAgerwas and Summarfes701011-04-10 LU7C'Agenda.dar
City of Federai Way
City Council
Land UselTransportation Committee
December 7, 2009 City Hall
5:30 PM City Council Chambers
MEET[NG SUMMARY
Committee Members in Attendance: Committee Chair Linda Kochmar and Committee Members Jitn Ferrell and Dini
Duclos present.
Council Members in Attendance: Counci(member Jeanne Burbidge
Staff Members in Attendance: Director of Parks, Pubiic Works and Emergency Management Cary Rce, Director of
Community Deve(opment Services Greg Fewins, Deputy Public Works Director Marwan Salloum, Assistant City Attorney
Peter Beckwith, Surface Water Manager Will Appleton, Planning Manager isaac Conlen, Senior Planner Margaret Ciark,
Associate Pianner Matt Herrera, Ciry Traffic Engineer Rick Perez, Street Systems Project Engineer Brian Roberts, Street
Systems Project Engineer John Mulkey and Administrative Assistant [i Darlene LeMaster_
i. CALL TO 0[tnER
Committee Chair Kochmar ca(ied the meeting to order at �:30 PM.
2. PUBLIC COMMENT
Thece was one public comment:
Nancy Combs. Federal Way A�Is- Combs spoke again. advocating for a four-way stop at SW 304` Street and 2[
Avenue SW, commenting thut she felt as though staff hasn't done anvthing regardtng thts continued request. Ms.
Combs also hunded out pictures of each corner of the subject intersection to the Committee_ At Committee Member
Duclos's request, staff addressed the Committee, stating that action on this item has been taken. Statf has atready
gathered results from traffic counters and is in the process of comparing the data from the traffic counters to the data
gathered from radar surveiliance. Staff will retum to LUTC once they have interpreted atl data and witl report their
finding and any recommendation, if warranted.
3. BUS[NESS [TEMS
Eorward
To ic Title/Descri tion to Couacil
A.
Approval of the November 2, 2009, LUTC Minutes
N/A
B.
C.
Committee approved lYovember l6, 2009 LUTC minutes as presented.
Moved: Duclos Seconded: Ferrel! Passed: Unanimousiy, 3-0
20`� Piace SW Emergency Slide Repair Project Acceptance and Retainage Release
l2/l�/2009
Consent
John Mulkey presented information on this item. There was no public comcneni. The
Committee thanked staff for working to bring this project in under the approved budget.
Committee forwarded Option #1 as presented.
Moved: Ferrell Seconded: Duclos
2010 Street Sweeping Services Contract 8id Award
Passed: (laanimously, 3-0
Marwan Salioum presented information on this item_ T'here was no Qubiic comment. Mr.
Salloum noteti that the emergency calt out Qrice varied among the bidders; therefore, the
12/15/2009
Consent
2
G:V.(dTCSWTC Agwdas aod S�anmaries 2004'•.12-07-09 Minutes-.duc
Land Use�Transportation Committee Page 2 December 7, 2009
reduction of emergency catl out hours to meet the originai budgeted amouni was dependent on
the price per call out from the respective bidder.
Committee forwarded Option #1 as presented.
Moved: Duclos Seconded: Ferreil Passed: Unanimously, 3-0
D. Pacific Highway South HOV Lanes Phase IV PSE Gas Joint Constraction Agreement 12/15/2009
Brian Roberts presented iciformation on this item. Thece was no public comment. Mr_ Consent
Roberts noted that the insurance requirement in the contract applies to both the contractor and
all sub-contractors/utilities doing work associated with the project.
Committee forwarded Option �1 as preseated.
Moved: Ducios Seconded: F'errell Passed: Unanimously, 3-0
E. Pacific Highway South HOV Lanes Phase IV Comcast JoiAt Construction Letter of
Understanding
Brian Roberts presented information on this item. There was no public comment or
discussion.
E.
G.
Commiitee forwarded Option #1 as presented.
Moved: Ferreil Seconded: Duclos Passed: Unanimously, 3-0
Proposed Deferment of Open Space Fee-in-Lieu and Regionai Stormwater Eacility Eee
Matt Herrera presented information on this item. There was one public comment:
Sam Pace. Association of Realtors Mr_ Pace pointed oart the 6enefits to the City by deferring
the Stormwuter Facility Fee to the point of sale.
Committee Member Ductos stated that she feit a sense of confusioa on the Planning
Commission's recommendation and because of that, would personally like to refer the item
back to the Planning Commission for further clarification. Committee Member Duclos stated
that the goal is for the City to have a favorable reputation when it comes to deveiopment.
Developers shoutd have a good relacionship with sta#�and the permitting and fees process.
Should any other fees need to be reevatuated, Committee Member Duclos suggested bringing
forth a!1 fee modifications in one pacl:age. Chair Kochmar and Committee Member Eerreli
concurred with Committee Member Ducios's concems.
Committee tabled this item, returoing it to Planning Commission for further discassioa.
No motion was necessary.
[nterlocal Agreement with King County for RapidRide [mpkmentation.
Rick Perez presented information on this item. Tt�ere was no public comment. David Cantey
from King County Metro was also present to answer questions from the Committee. Mr.
Perez stated the goai of the program is to uttimately provide a green signa( to approaching
RapidRide busses the majority of the time. The key will be increasing the probabitity of a
green signal without throwing the rest of the signai coordination out of sync. {tadidRide
busses will run at least every 1� minutes and every 1� minutes during peak times. This
project wili replace Route 174 which currently n�ns every 30 minutes_
There was brief discussion conceming safety as Eederal Way being the end of the tine for
riders traveling Route U4 and there is atso some recent history at the Federai Way Transit
Retumed to
Planning
Commission
12/15/2009
Consent
G:1LlJTC�i.iTTC Ageadas arid Summaries W9`,1'_-U7-W 1�tiautu-.doc 3
[_and Use-Transportation Committee Page 3 December 7, 2009
Center.
Overall, the Committee was very excited about the RapidRide route coming to Eederal Way_
[t wilt really hetp the Federai Way community be better connected and able to use L[NK. Mr.
Cantey said that this route should be up and running in the fall of 20 t0. King County Metro
will be doing public outreach to educate the pubiic on this upcoming service.
Committee forwarded Option #1 as presented.
Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0
H. Rectaagular Rapid Flashing Beacon on S 324`� Street (8elmor Park)
Rick Perez presented information on this item. There was no public comment. Mr_ Perez
added that there wiii aiso be a cost savings utilizing King County to purchase and instal! the
equipment.
t2/15/2009
Consent
Committee Member Duclos asked if this application wou(d be appropriate for the (ocation of
S W 304`�' St and 21'�` Ave S W. Mr_ Perez answered that this application had not been
considered for this location (interseciion) as it is typica(ly used for a wider street, for a schooi
crossing or a major corridor.
Committee forwarded Option !�i as presented.
i�ioved: F'errell Seconded: Duclos
4. OTHER
There was no further discussion or additional topics addressed.
Passed: Unanimously, 3-0
5. EUTURE MEETING
The next regular LUTC meeting will be Monday, December 21, 2009, at 5:30 PM in City Council Chambers.
6. ADJOURiY
The meeting adjoumed at 6:3� PM.
Attest:
COMM[TTEE APPROVAL:
Linda Kochmar, Chair
Jim Ferreli, Member
Dar(ene LeMaster, Administrative Assistant [I
Dini Ductos, Member
c:v�urc�LUrc a�� s�� zaomi �d�-on �;�-.a«
COUNCIL MEETING DATE: January 19, 2010
CITY OF FEDERAL WAY
CITY COUNCIL
ITEM
AGENDA BILL
SUB.►ECr: West Hylebos Creek Culvert Replacement/Removal and Fiood Control Improvements Project-50% Design
Status Report (CIP #304-3100-265) and associated interlocal agreement with LUD.
POL[CY QUESTION Should the Council authorize staff to proceed with design of the West Hylebos Creek Cuivert
Replacement/Removal and Fiood Control Improvements Project and return to the Council at the 100% design completion
for further reports and authorization, and authorize the City Manager to execute the interlocal agreement with Lakehaven
Utility District detailing both the City's and LUD's participation in the project?
COMM[TTEE Land Use and Transportation Committee
CATEGORY:
Consent
City Counci! Business
STAFF REPORT BY: William A
Public Hearing
Other
Pubiic Works
Attachments:
i. Memorandum to Land Use and Transportation Committee dated January 4, 2010.
2. Interlocal Agreement between the City of Federal way and Lakehaven Uti(ity District.
Options Considered:
1. Authorize staff to proceed with final 100% design of the West Hylebos Creek Culvert Replacement/Removal
and Fiood Controi Improvements Project and return to the Council at 100% design completion for approval
and authorization to bid the project; and, authorize the City Manager to execute the interlocal agreement with
Lakehaven Utility District detailing both the City's and LUD's participation in the project.
2. Do not authorize staff to proceed to 100% design and do not authorize the City Manager to execute the
Interlocal agreement with LUD and provide direction to staff.
STAFF RECOMMENDATION Staffrecommends forwarding Option 1 to the January 19, 2010 City Council Consent
Agenda for approvaL
n
C[TY MANAGER APPROVAL: __i�°� DIRECTOR APPROVAL:
C Councif tnm� tee Council
COMMfI'fEE RECOMMENDATiON Forward staff recommendation for Option 1 to the January 19 2010 City Council
Consent Agenda for approval.
Linda Kochmar, Chair Jim Ferrelt, Member Dini Ducios, Member
PROPOSED COUNCIL MOT[ON move to authorue staff to proceed with final 100'� design of the West Hylebos
Creek Culvert Replacement/Removal and Flood Control Improvements Project and return to the Council at the
100% design completion and for aulhoruation to bid the project, and to authorize the City Manager to execute the
interloca! agreement with Lakehaven Utility District.
(BELOW TO BE COMPLETED BY CJTYCLERKS OFFlCE)
COUNC[L ACT[ON:
APPROVED COUNCIL BILL
DENIED 1� reading
TASLED/DEFERRED/NO ACT[ON Enactment reading
MOVED TO SECOND READING (ordinances only) 5 ORDINANCE
RE V[SED 02/06/2006 RESOLUT[ON
MEET[NG DATE January 4 2010
Ordinance
Resolution
P.E.. Suiface Water Manauer DE
CITY OF FEDERAL WAY
MEMORANDLTM
DATE: January 4, 2010
TO: Land Use and Transportation Committee
VIA: Brian Wilson, City Manager
FROM: William Appleton, P.E., Surface Water Manager
Fei Tang, P.E., Surface Water Project Engineer
West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements
SUBJECT: Project-SO% Design Status Report (CIP #304-3100-265) and Associated Interlocal
Agreement with Lakehaven Utility District.
BACKGROUND
This project will prevent potential flooding problems by removing an old carrugated metal culvert that is
failing and replacing a second failing culvert on an unnamed tributary to the west branch of Hylebos
Creek located on the west side of Pacific Highway between approximately the South 349`� block and the
South 352n block. The project will also restore/enhance stream habitat and remove fish passage baniers
in this section of the creek and reduce erosion of the channel. The following improvement measures will
be included in the project: removai of an existing failing 72" diameter culvert from the creek and
restoration of this section of the creek to an open stream, replacement of an existing failing, undersized
and non-fish passable 36" diameter culvert with a new culvert, regrading of the streambed profile,
removal of invasive plants, and replanting with native vegetation. The project will be designed in-house
by City staff, with the exception of some specialized project components that will be designed by a
consulting firm.
Lakehaven Utiiity District (District) is the owner of the 36" diameter culvert and is wiiting to participate
in the project. In order to coordinate the work between the two entities, the District agreed to enter into
an interiocal agreement with the City for the design and construction of the project. The City will provide
the design information for the 36" cu(vert replacement and the District will be responsible for its
construction. A copy of the proposed agreement is attached to this memo for approval.
Currently the project design is approximately 50% complete, which includes the following completed
tasks:
Topographical survey and mapping
Geotechnical evaluation of the site sub-grade and groundwater conditions
Gathering subsurface utility information
Preparing permit applications for Hydraulic Project Approval and Section 404 Pernut
Acquisition of permanenf drainage easements and temporary consh easements
Project design (plans and cost estimate) to 50% level
Ongoing Tasks Include:
Acquisition of an additional temporary construction easement
Submitting permit appiications and coordinating with agencies to obtain permits
Project design to 100% level
PROJECT ESTIMATED EXPENDITURES:
Description
Engineering Design (Consultant)
Year 2010 Construction (Estimate)
30% Construction Contingency SO% Design Level)
Ad Award
City
31,050
170,756
51,227
4,000
District
166,564
49,969
10% Construction Inspection Management 22,198
TOTAL PROJECT COSTS
279,231 216,533
TOTAL AVAILABLE BUDGET 598,372
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND LAKEHAVEN UTiLITY DISTRICT
FOR THE WEST HYLEBOS CREEK CULVERT REPLACEMENT
THIS AGREEMENT is made and entered into this day of 2009, by
and between the City of Federal Way (hereinafter "City'� and Lakehaven Utility District
(hereinafter "District'�, collectively referred to herein as the "Parties".
WHEREAS, the City proposes to proceed with the West Hylebos Creek Headwaters
Restoration Project (hereinafter Project and the City identified a cutvert located in the
vicinity of the Project area that needs to be replaced; and
WHEREAS, the District owns the culvert; and the District intends to replace the culvert
(hereinafter "Culvert Replacement Work'�; and
WHEREAS, Chapter 39.34 RCW {Interlocal Cooperation Act) permits local governmentai
units to make the most efficient use of their powers by enabling them to cooperate with other
entities to provide services in a manner best serving the needs and development of their local
communities; and
WHEREAS, the District can achieve cost savings and other benefits in the public's
interest through participatir�g in the Project; and
WHEREAS, by coordinating the Culvert Replacement Work with the Project, the City can
better achieve its goal of protecting the public's interest, including stabilizing the stream
channel, preventing flooding, removing fish passage barriers, and enhancing stream habitat;
NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties
hereto as follows:
I. THE CITY'S COMMITMENT
The �ty shall provide design documents to the District for review and approval
in order to facilitate the Culvert Replacement Work. This inciudes preparation of design
drawings and cost estimates for replacement of the existing 36" diameter culvert, and obtaining
all necessary permits. The new culvert wiil be designetl to meet Washington State Department
of Fish and Wildlife's design guideline for fish passage. Any contract documents and/or
specification documents required for the Culvert Replacement Work shall be provided by the
District. Technical design and construction specifications will be provided as plan notes to be
included in the drawings. It is the intention of the �ty to construct the Project in either the
summer of the year of 2010 or 2011. It is also the intention of the City to employ a contractor
through competitive bidding process to construct the Project. The City shall coordinate with the
District to the maximum extent practicat to ensure that stream restoration activities are phased
correctly witfi respect to the District Culvert Replacement Work. The City will provide a
construction survey benchmark to ensure proper coordination.
K:\CONTRACT\2009\09-�ocx LUD Design and Constr IlA.doc Page 1
II. THE DISTRICT'S COMMITMENT
The District shall construct the Culvert Replacement Work and any related work
in accordance with the specifications and design provided by the City. The District shall be
responsible for all material, labor, equipment, and other incidental costs necessary to furnish
and instalf the culvert and to complete the Culvert Replacement Work, including but not limited
to construction surveying, temporary tra�c control, inspection, material testing, utility
rel�ation, construction management, etc. The estimated cost for the District's Culvert
Replacement Work is approximately $100,000. The District shall coordinate with the City on
construction scheduling to avoid conflicts with the City contractor and permit conditions. The
District shall take those measures necessary to ensure the Culvert Replacement Work is
functional with respect to the surrounding stream channel bed.
The District grants the City and its age�ts, designees, assigns, employees, and
contractors the right to enter onto the District's property, on a temporary basis, to inspect,
design, and construct the Project.
III. COST
There shall be no money transferred between the Parties in connection with the
work described in this Interlocal Agreement.
IV. INDEMNIFICAITON AND HOLD HARMLESS
A. The City agrees to indemnify and hold the District, its elected officials,
officers, employees and agents harmless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities,
including, without limitation, their respective agents, licensees, or representatives, arising or
resulting from, or connected with, this Agreement to the extent caused by the negligent acts,
errors or omissions of the �ty, its agents or employees, or by the City's breach of this
Agreement.
B. The District agrees to indemnify and hold the City, its elected officials,
ofFcers, employees and agents harmtess from any and atl daims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities,
including, without limitation, their respective agents, licensees, or representatives, arising or
resulting from, or connected with, this Agreement to the extent caused by the negiigent acts,
errors or omissions of the District, its agents or employees, or by District's breach of this
Agreement.
The provisions of this paragraph shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
V. DURATION
This Agreement shall become effective immediately upon execution by both
Parties. This Agreement shali continue in full force until either (1) the City Council accepts the
completion of the Project, (2) the Agreement is terminated with mutua! written agreement by
K:\CONTRACT�2009�09-boc LUD Design and Constr ILA.doc Page 2
both Parties, or (3) December 31, 2011, whichever is earlier. This Agreement may be extended
for additiona) periods of time upon mutual written agreement of the City and District.
Adherence to deadline dates is essential to the performance of this Interlocal Agreement.
VI. OTHER PROVISIONS
A. Designing the Culvert Replacement Work shall not vest the �ty with
respect to awnership, or future maintenance responsibility associated with the replaced culvert.
The District shall retain sole ownership and maintenance responsibility for the replaced culvert.
B. Constructing the Culvert Replacement Work shall not vest the District
with respect to ownership, or future maintenance responsibilities of the stream improvements
upstream or downstream of the Culvert Replacement Work.
C. This Agreement contains the entire written agreement of the Parties and
supersedes all prior discussion. This Agreement may be amended only in writing, signed by
bo� Parties.
D. Any provision of this Agreement, which is declared invalid, void or illegal
shall in no way affect, impair, or invalidate any other provision hereof and such other provisions
shall remain in full force and effect.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the
day and year first above written.
CITY OF FEDEf2AL WAY
Brian J. Wilson
Interim Gty Manager
LAKEHAVEN UTILITY DISTRICT
Donald T. Perry
General Manager
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
ATfEST:
Gty Clerk, Carol McNeilly, CMC
K:\CONTRACT�2009\09-�oc LUD Design and Constr ILA.doc
APPROVED AS TO FORM:
General Gounsel
Page 3
10
COUNCIL MEETING DATE: January 19, 2010
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM
SUB.iECT: S 348�' Street at 1�` Avenue S Intersection Improvement Project 100% Design Status Report
POL[CY QUESTION Should the City Council authorize staff to bid the S 348�' Street at iS` Avenue S Intersection
Improvement Project, and return to LUTC for bid award, further reports and authorization?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
Consent
City Council Business
Ordinance
Resolution
MEETING DATE January 4 2010
Public Hearing
Other
STAFF REPORT BY: Marwan Salloum P E De _ut Public Works Director DEPT: Public Works
------..__._.._.....----...-----..._.....--------�_.._—._...---.'_�._._�..__�r__...P___y--
Attachments: Land Use and Transportation Committee memorandum dated January 4, 2010.
Options Considered:
l. Authorize staff to bid the S 348`� Street at 1 Avenue S Intersection Improvement Project and retum to
the LUTC to award the project to the lowest responsive, responsible bidder, and authorize the transfer
of $1,800,000 from the Pacific Highway South HOV Lanes Phase [II Project to this project for the
additional required City match.
2. Do not authorize staff to bid this project and provide direction to staff.
STAFF RECOMMENDAT[ON Staff recommends forwarding Option i to the January 19, 2010 City Council
Consent Agenda. for approvaL
CITY MANAGER APPROVAL: D[RECTOR APPRO'VAL:
Co �►ittee Council omm�ttee Council
CONiMITTEE RECOMMENDATION Forward Option 1 to the January 19, 2010 City Council Consent Agenda for
approval.
Linda Kochmar, Chair Jim Eerrell, Member Dini Duclos, Member
PROPOSED COUNCIL MOTION "1 move to authorize staff to bid the S 348`" Street at IS Avenue S Intersection
Improvement Project and return to the LUTC to award the project to the lowest responsive, responsible bidder,
and authorize the transfer of $1 from the Pacific Highway South HOV Lanes Phase III Project to this
project for the additional required City match.
(BELOW TO BE COMPLETED BYCITY CLERKS OFFlCE)
COUNCIL ACTION:
APPROVED COUNC[L B1LL
DENIED l� rcading
TABLED/DEFERItED/N0 ACT[ON Enactment readiog
MOVED TO SECOND READING (ordinances only) ORDINANCE
REVISED 02�06/2006 RESOLUT[ON
fi�il
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
January 4, 2010
Land Use and Transportation Committee
Brian Wilson, City Manager
Marwan Salloum, P.E., Deputy Public Works Director
John Mulkey, P. E., Street Systems Project Engineer
S 348th Street at Is� Avenue S. Intersection Improvement Project 100% Design Status Report
BACKGROUND:
This project will add a 2 left-turn iane eastbound and westbound and will add a right-turn lane southbound and
westbound. The traffic signal system will be replaced to accommodate the added lanes. Other improvements
include curb, gutter and sidewalk, planter strips between the curb and sidewalk and drainage modifications
PROJECT ESTIMATED EXPENDITURES:
Planning and Design
ROW Acquisition
2009 Construction Cost (estimate)
PSE {Cost for duct and vault relocation)
10% Construction Contingency
12.5% Construction Management
TOTAL PROJECT COSTS
AVAILABLE FUNDING:
Grant Funding (Urban Vitality Grant)
Utility Tax (2006 Budget)
REET (2004 Budget)
Requested Fund transfer from Project 141 (SR 99 Phase III)
Mitigation
Interest
TOTAL AVAILABLE BUDGET
450,000
175,000
3,200,000
t It1
320,000
440,000
$4,635,000
1,996,335
432,000
79,U00
1,800,000
280,580
64,580
4,652,495
This project is within available budget and we anticipate bidding the project in January 2010 and project award in
March 2010. Construction should commence in April 2010 with an estimated substanrial completion date of
November 2010.
cc: Project File
Day File
12
COUNCIL MEETIIYG DATE: January 19, 20t0
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM
SUB.TECT: Acceptance of Grant Funding for Transportation Improvement Projects
POL[CY QUEST[ON Should City Councit authorize staffto accept grant funding for S 348�' Street 1�` Ave
South Intersection Improvement Project?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
Consent
n Citv Counc Bus
Ordinance
Resotution
MEETING DATE January 4 2009
Public Hearing
Other
STAFF REPORT BY: Marwan Salloum, P.E., De u_Public Works Director� DEPT: �'ublic Works
Attachments: Land Use and Transportation Committee memorandum dated January 4, 2010.
Options Considered:
1. Authorize staff to accept the Urban Vitality Grant Program funding in the amount of $1,996,335 for the
S 348` Street ls` Ave South Intersection [mprovement Project, and authorize the City Manager to sign
the attached grant funding agreement.
2. Do not accept grant funding under the 2009 Urban Vita(ity Grant Program and provide direcrion to staff.
STAFF RECOMMENDAT[ON Staff recommends forwarding Option 1 to the January 19, 2010 Council Consent
A�enda for approval. 4
C[TY MANAGER APPROVAL: �/01 �C11/ D[RECTOR APPROVAL:
rnmm�ttee Council Committ� Council
COMMTTTEE RECOMMENDATION Committee recommends forwarding Option 1 to the January l9, 2010
Council Consent Agenda for approval.
Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to accept the Urban Vitality (irant t'rogram
funding in the amount of �1,996,335 for the S 348`" Street IS` Ave South Intersection Improvement Project
and authorue the City Manager to sign the attached grant funding agreement.
(BELOW TO BE COMPLETED BY ClTY CLERKS OFF/CE)
COUNCIL ACT[ON:
APPROVED COUNC[L B[LL
DEN[ED 1� reading
TABLEDJDEFERREDJNO ACTION Enactmeat reading
MOVED TO SECOND READiNG (ordinances only) ORDINANCE
REVISED 02/06/2006 RESO[.UTION
K:lcouncil�agenda bills12010/01-t9-10 Acceptance of Grant funding.doc
i3
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
January 4, 2010
Land Use and Transportation Committee
Brian Wilson, City Manager
Marwan Salloum, P.E., Deputy Public Works Director
John Mulkey, P. E., Street Systems Project Engineer
SUBJECT: Acceptance oJGrant Funding for Transportation Improvement Projects
BACKGROUND:
This memorandum provides the Council with the current status of the grant applications submitted in 2009, grant
funding received to date, and required match.
Project (Funding Phase)
Grant Urban Vitality Grant Program
S 348 at 1�` Ave Intersection Improvement Project
(Construction Phase)
Estimated
Project Cost
$4,000,000
Grant Fund
$1,996,335
Required
City Match
$2,000,000*
"Tfie required City match will be provided by existing project fund balance and the requested council authorization of transferring of
available project funding baiance of $t,800,000 from the Pacific Nighway South HOV Lanes Phase [II Project to this project.
See attached Urban Vitality Grant Program funding agreement.
cc: Project File
Day File
K:\LUTC�2010�01-04-10 Acoeptan� of Grant Funding for Transportation�ojects.doc
Washington State
Public Works Board
906 Coiumbia Street SW
Post Office Box 48319
Olympia, Washington 98504-8319
(360j 725-3150
www.pwb.wa.gov
Capitai Agreement between:
City of Federal Way
and
Pubiic Works Board
For:
Project Name: South 348th Street at ist Avenue South Intersection
Contract Number: UV09-951-095
Project Type: 2009-2011 Washington State Capital6udget
Urban Vitality Grant Program
Execution/Start Date: Date of Contract Execution
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D�partr�n�nt o� �am�merce
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TAB�E OF CONTENTS
CONTRACTFAGE SHEET .......................................................................................................1
CONTRACT TERMS AND CONDITIONS 2
Part 1. SPECIAL TERMS AND CONDiTIONS 2
1.1. DEFINITIONS.....< .....:..:..........:......:...:.......................................................................2
Part 2.
Ciiy of Federai Way
UV09-951-095
9.2. AUTHORIIY...---...--••--�
1.3. PURPOSE :..•----................................................_.....2
1.4. ORDER OF PRECEDENCE 2
1.5. GRANTAMOUNT ......:............................................2
1.6. Tt1�A�`OF PERFORMANCE 3
1.7. CERTIFICATION OF FUNQS AND LO�AL SHARE FUNDlNG REQUIREMENTS. 3
1.8. MO[J!l�1CATI�N TO THE PROJECT COSTS 3
1.9. PROJECT EXPENDITURES ELIGIBLE FOR REIMBURSEMENT 3
1.10. BIIL�NG PROCEDURES AND PAYMENT 4
9.11. CERTIFIED PROJECT COMIPLETION REPORT AND FI�AL PAYMENT 5
1.12. HiSTORIGAL AND CULTURAL ARTfFACTS....-- 5
L13. REPQRTS ...............:.6
1.14. EVALUAT�ON AND MONITORING ._....-----......6
1.15. OWNERSHIP OF PROJECT/CAPITAL FAGILITIES .................6
1.16. CHANGE O� OWNERSHIP OR USE FOR CONTRACTOR-OWNED PRQPERTY 3
1.47. CH�41�tGE QF USE FOR LEASED PROPERTY 7
1.18. SIGNAGE,'MARKERS, AND PUBLICATIONS .................7
1.19. PREVAIUNG WAGE LAW...-� 7
1.20. INSURANGE 7
1.21. RECAPTURE PROViS10N 8
122. REQUCTION IN FUNDS .................8
1.23. REAPPRQPRIATION ...:.............8
GENERAL TERMS AND CONDITIONS 9
2 :1. �EFtNITIONS ......................................................................:..9
2.2. ALIOWABLE COSTS ....:.........................................................9
2:3. ALL 1NRITINGS CONTAINED HEREtN 9
2.4. AMEPJ{3MENTS ..:......:.................................:..................9
2.5. AMERiCANS WITH DtSA61LiT#ES ACi' (ADA) OF 1990, PUBLIC LAW 101-336,
AtS� REFERRED TO AS THE "�ADA" 28 CFR PART35 9
2.6_ APPROVAL....._._ :....................................•-�-�-�---..._..................---...............................9
2.7. ASSIGNMENT 9
2.8. ATTORNEYS' FEES ......._..----��---�--..........................10
2.9. AUDfiT ......................................................................................................................10
2.'14. CE3C?EREQUIREMENTS.:._ ....•---........................................11
2.11. CONFIDENTIAL�TY/SAFEGUARDING OF INFORMATION ..................................11
2.12. CONFORMANCE .:.......:....:.........................................................�---........................12
2.13. COPYRIGHT PROVISIONS ...................................................................................12
2.94. DISALLOWED COSTS ....................................................•----�--...............................12
2.15. DISPUTES ..............................................................................................................12
2.16. DUPLICATE PAYMENT ..........................................................................................13
Page i Table of Caitents
1212212009 2009-2011 Urban VitaGiy Grant Pragram
................13
2.17. ETHiCS/CONFLICTS OF 1NTEREST 13
2.18. GOVERNING LAW AND VENUE
................13
2.19. iNDEMNIFICATION .......13
220. 1NDEPENDENT CAPACITY OF THE CONTRAC .14
22i. INDUSTRIAL INSURANCE COVERAGE
14
2.22. �AWS
.....................1
2.23. LICENSING, ACCREDITATION AND REGISTRATION 14
2.24. LIMITATION OF AUTHORITY .......14
2.25. LOCAL PUBLIC TRANSPOR7ATiON COORDINATION 1
2.26_ NONCOMPLtANCE WiTH NONDISCRIMINATION LAWS••••••�•••••••••�-•••�•-•�""""
2.27. POLITICAL ACT4�tTlES
2.28. PREVAILf1�iG WAGE LAW
2.29. PR0t-4lBlTItTN AGAIN�T PAYMENT OF BONUS �R COMMiSSION ..................15
2.3d: PUBLI�ITY
..15
2.31. aECAPTUR-E
2.32. RECC7RDS MAINTEtw1ANCE 16
2.33. REG(STRATION WlTH DEPARTMENT OF REVENUE ..........16
2.34. R�GHT O� INSPECTION ...16
2.35. SA\AII�tCS
16
2.3fi. SEVERABILITY
16
2.37. SU6CONTRI�CTING
97
2.38. SURUiV/�L
...17
2.39. T�E�
2.40. TERMfNAT14N FOR CAUSE SUSPENSION
2.41. TERMINATION FOR CONVENIENCE
17
17
2.42. TERMfNATION PROCEDURES 18
2.43. WAIVER..._
PE OF WORK ....................'........,........19
ATTACHMENT i: PROJECT SCO
TTACHM�NT 11: CERTIFtCATiQN OF THE AVAILABILITY OF FUNDS TO COMPLETE
A
THE PROJECT 21
ATTACHMENT ili: �STIMATEU PROJECT CQSTS
23
ATTACHMENT !V: CERTIFICATION O� THE PAYMENT AND REPORTING OF 24
PREVAILING WAGES
ATTACHMENT V: CERTIFICATION OF THE INTENTC RTl� GAT ON PROCE.SSH'P'N••• 25
ENERGY AND ENVIRONMENTAL DESIGN (LEE�)
Ta�e of Ca�tarts
City o# Federal Way Page n 2009-2017 Urban V�ha6ty GraM Progra�n
12J2212009
UV09-951-095
CONTRACT FACE SHEET
Contract Number: UV09-951-095
Washington State Department of Commerce
PUBLIC WORKS BOARD
2009-2011 URBAN VITALITY GRANT PROGRAM
1. Contractor 2. Contractor �oing Business As (optional)
City of Fed�ral Way N/A
33530 First Way S, PO Box 9718
Federal Way, WA 98063
3. Contractor Representative 4. Public Works Board Representative
John Mulkey lsaac`Huang, Special Programs Manager, Pubiic Works Board
33530 First Way S PO Box 48319, �lymp'ra, WA 98504-8319
PO Box 9718 Ciare Billirtgs, Managing Director, Contracts Administration Unit
Federal Wa WA 98063 PO Box 42525, OI m ia, WA 98504-2525
5. Contract Amount 6. Funding Source 7. :Contract Start 8. Contract End Date
Date
24 months from contract
Contraet Execution execution (provided that
$1,996,335.00 Federal: State: C�f :Other. N/A: pate funds are reappropciated into
the 2091-2013 biennium
9. Federal Funds (as app#icable) Federal Agency CFDA Number
N/A N/A N/A
10. Tax ID 11. SWV 12. UBI 13. DUNS
911462550
14. Contract Purpose
The 8oard and #he Contraetaf have entered into this Contract to undertake an Urban Vitality Grant Prog�am project that
furthers the goals and objectives o# Wash�ngton State, as indicated in the Engrossed Substitute House BiN 1216, Section
1050 4, enacted on Ma 15, 2009.
The Board, defined as the Washington State Public Works Board, and Contractor acknowledge and accept the terms of
this Contract and attachments and have executed this Contract on the date betow to start as of the date and year last
written betow. The rights and obligat+ans ofi both parties to this Contraet are govemed by this Contract and the follawing
other documents incorporated by reference: Contractor Terms and Conditions inGuding ATTACHMENT I: PROJECT
SCOPE OF WORK; ATTACHMENT tt: CERTIFICATtON OF THE A\/AfLABiLI'TY OF FUNDS TO COMPLETE THE
PROJECT; ATTACHMENT IIL ESTIMATED PROJECT COSTS; ATTACHMENT IV: CERTIFICATION OF THE PAYMENT
AND REPORTtNG OF PREVAILING WAGES; and ATTACHMENT V: CERTtF1CATlON OF INTENT TO ENTER THE
LEADERSHIP IN ENERGY AND ENVIRQNMENTAL DESlGN LEED CERTIFtCATION PROCESS.
FOR THE CONTRACTOR FOR THE PUBLIC WORKS BOARD
Signature .}ohn LaRocque, Executive Director
Print Name Date
APPROVED AS TO FORM ONLY
TiUe Tfiis 7"' Dav of December, 2009
Rob McKenna
Date Attomey General
Siqnature on File
Kathryn Wyatt
Assistant Attorney General
18
p� ConUact Face Sheet
City of Federal Way 2IX19-2091 Urban Vitality GraM Ptogram
UV09-951-095 12122/2009
CONTRACT TERMS AND CONDiTIONS
PUBLtC WORKS BOARD
2009-2011 URBAN VITALITY GRANT PROGRAM
Part 1 SPECIaL TERMS AND CONDITIONS
1.1. DEFINITIONS
As used throughout this 2009-2Q11 Urban Vitality Grant Program Contract the following terms shall
have the meaning set farth below:
A. "Contr�t" shall mean this 2009-2011 Urban �taiity Grant Progfam Gcsntract.
B. "Gc>ntraetor" shall mean the entityr identifred on #he Cantract Face Sheet performing service(s)
under this Gon�ract and who is a party to the Contract, and shall include afl employees and
ager�ts of the Contractor.
C. "The Board" shaA rnean fhe VNashington 5tate Public Works Boarci created in Revised Code af
Washington (RCW) 43.455.030, and who is a Party to the CanEract.
1.2.' AUTHORITY
Acting under the authority of Chapter 43.155 RCW, the Board has arivarded the Gontr�tor a 2U09-
2(311 Urban Vitali�y public works grant Tor a local government serving high density urban
communi�ies. The Engrossed Substitute House Biil 1216, Section 1050 (4), enacted on May 15,
2009, rnade an appropriation tc� support a Temporary Public Works Baard Gran# Program and
directed the Board to administer those funds_
1.3. PURPOSE
The Board and the Contraetor have entered into this CQntract to undertake an Urban Vitakity Grant
Program project that furthers the goals and objectives of Washing#on State: The pra}�cf uri#I be
undertaken by the Contractor and will include the aetiv+ties iden#ified in ATTACHMENT 1: PROJECT
SCOPE OF V1/ORK: The praject mus# be undertaken in arcordance with the Contract terms and
conditians; and aii applicable state and locai laws and ordinan�es, v+rt�ich by this reference are
incorporated in#o this Contract as though set forth fulty herein.
1.4. ORDER OF PRECE�ENC�
In the ev�nt of an [ncorisistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order.
A. Applicable fedecal and StaCe of Washington statutes and regulations.
8. Special Terms �nd Conc#�tions including all #he attachments.
C. General Terms and Conditions.
1.5. GRANT AMOUNT
The Board shall pay an amount not to exceed the awarded grant amount ofi $1,996,335,00 for the
eligible costs necessary for or incidentai to the pertormance of work as set forth in ATTACHMENT 1:
PROJECT SCOPE OF WORK.
19
City of Federat Way Page 2 Contrac� Tenns and Corxli�ons
UY09-951-095 12/2212009 2009-2011 Urban YdaHly Gram Program
1.6. TIME OF PERFORMANCE
The Contractor shall begin the activities identified within ATTACHMENT 1: PROJECT SCOPE OF
WORK no later than two (2� months afte� the date of Contract execution. No later than twelve (12)
months after the date of Contract execution the Contractor must begin the construction. No later
than twenty-four (24� months after the date of Contract execution the Contractor must reach
project completion. Project completion is reached when all activities identified in ATTACHMENT I:
PROJECT SCOPE OF WORK are complete.
Failure to meet Time of Performance shall constitute default under this Contract. In the event of
extenuating circumstances, #he Contractor may request, in writirag, that the Board extend the
deadline for project completion:
...-a•.� ur�c�RCRtTC
1.7. CERTIFICATIaN Ut- 1-'urvu, �v w�r►.. �r.�.�
The Contractor must have secured full project funding at the tirne of Cantract execution. The
release o# grant funds under this Contract is contingent upon the Contractor certifying that it has
expended or has aceess ta funds from ofher sources as set forth in ATTACHMENT IL
CERTIFICATf�N OF THE AVAILABILITY OF FUNDS TO G�NlPLETE THE PROJECT to complete
all the praject activities itientified in ATTACHMENT I: PROJEC� SCOP� OF WORK..
This grant program requires the Cantractor to provide local shate funtiing for a minimurn of ten
percent (10%) of the total pro}ect cast The Contractor pledges to use a� amount of loca! funds as
local project share of nat less'than 50.00% of the total project cost as subrr►itted by the Contracfior
in the grant application. 7he loca� share must not be funded by state grants, state laans, federat
grants, or national founda#ions #unds. The amount of the loc�l share funds wifl be verified again at
project completion and must be equal to the percent share of 50.00 as plec�ged in the grant
application. Only expenditures made on or after July 1, 2009, rr�ay be used as match for local
project share.
The Contrac#or shall maintain records sufficient to evidence that it has access to or has expended
funds firom such sources, and shall make such records available fo� the Board's review upon
reasonable request
1.8. MODIFICATION T0 THE PRQJECT COSTS
Nofwithstanding any other provision of this Contract, the Contractor may, at its discretion, mal�
modifications nc�t to exceed fifteen pereent (15%} of each cost category item in the ATTACHMENT
1lI: ESTIMATED PROJECT COSTS_
The Contractor sfiall natify the Board in r+vriting when making any budget modifir,�tions that would
exceed fifteen percent (15°fo) of any cost category line item as identi�'�ed in ATTACHME�IT 111:
ESTIMATED PROJECT COSTS. Nothing in this section skiall be construed to permit an increase in
the amount of grant funds under this program avaitable for the presject, as set forth m Section 1.5 0#
this Contract.
1.9. PROJECT EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
Payments to the Contractor shatl be made on a reimbursernent basis onty. For #he purposes of this
Contract, eligible costs sF�a{I �e construed to mean costs incurred` and paid, or costs incurred and
payable within thirty {30) days. Only casts that have been incurred on or after July 1, 2009, and
which are not counted as local share, are eligible for reimbursement under this Contract.
Eligible project costs must consist of expenditures eligible under WAC 399-30-030(3) and be
related only to the project activities identified in ATTACHMENT I: PROJECT SCOPE OF WORK
20
City oi Federal Way Page 3 ConUact Tem►s and Cor�fions
UV09-9511195 12/22I2009 2009-2011 U�ban V�aFqr Grant Prtx�ram
1.10. BILLfNG PROCEDURES AND PAYMENT
The Board shali reimburse the Contractor for eligible project expenditures up to the maximum grant
amount under this Contract, as identified in Section 1.5. When requesting reimbursement for costs
incuned or expenditures made, tfie Contractor shall submit a signed and completed Invoice
Voucher (Form A19), referencing the ATTACHMENT I: PROJECT SCOPE OF WORK project
activity performed, and any appropriate documentation such as bills, invoices, and receipts. The
lnvoice Voucher must be certified by an official of the Contractor with authority to bind the
Contractor.
Each Invoice Voucher must be accompanied by a Project Status Report, which describes, in
narrative form, the progress mad� �n the project sfnce`the last inv�ce was submitted, as well as a
repoct of project status to date. The Baard wil( not release payment for ar�y reimbursement request
received unless and untit fhe Project Status Report is received. A�ter approving the lnvoice Voucher
and the Projeet Status Repo�t, fhe Board shali protnptly remit a warrant to the Co�tractor.
Requests for reimbursements for costs reiated to Gonstruction ac6vities witl not be ac�epted until
the Contractor provides proaf of compliance with Governor's Executive Order 05-05 or Section 106
of t�e Nationat 1-listoric Preseruation Act, which�ver applies to this projeat, as described in Section
1.12.
A sum of ten percent (10°!0) af the grant amount witl be retained untii afl projecf activities as
identified in ATTACHMENT L PRQJECT SCOPE OF WORK are complete and a Ce�tified Project
Complstion'Report is cQmpteted and submitted by the Contraetor, as described in Section 1.11.
The Contractor shatl submit alt lnvoice Vouchers and all required documentatior� to:
Gontracts Administration Unit
Department of Commerce
PO Box 42525
plympia, WA 985D4-2525
The Board wiN pay the ContracEor upon acceptance of services provided and receipt of properly
c�rnpleted invaces, which shaN be submitted to th� Board not more often than monthky:
Payment shait be consiciered timely if made by the Board wiEhin thirty (3Q} calendar days after
`receipt of properly completed invoices. Payment shall be sent to the address designaEed by tfie
Gontractor.
The Board may, in its sole-discretiat�, terminate the Contract or withhold payrnen#s claimed by the
Contractor for seroices rendered if tihe Contractor fails to satis#actorily comply with arty term or
condition o# this Contract.
No payments in advance or in an#icipation of services or suppiies to be provided under this Contract
shall be made by the 8oard.
Duplication of Bitled Cos#s. The Contractor shall not biW the Board far services performed under this
Contract, and tfie Board shall not pay the Contractor, if #he Contractor is entitled to payment or has
been or will be paid by any other source, including grants, for that service.
Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs
incurred by its own organization or that of i#s subcontractors.
21
Ciry of Federal Way Page 4 ContradTerms and Conditions
UV09-951-095 t 1J2212�9 2009-2011 U�ban V'rtakty �rant Program
1.11. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT
The Contractor sha11 complete a Certified Project Completion Repo�t when activities identified in
ATTACHMENT 1: PROJECT SCOPE OF WORK are complete. The Board will supply the
Contractor with the Certified Project Completio� Report forms upon reques#.
The Contractor shall provide the following information to the Board:
A. A certified statement of the actual dollar amounts spent, from all funding sources, in completing
the project as described in ATTACHMENT 1: PR�JECT SCOPE OF WORK.
B. A certified statement #liat tl�e project, as described`in ATTACHMENT I: PROJECT SCOPE OF
WORK, is comple#e and, if app(ic�b#e; meets required standards.
C. Certification that att costs assoeiated with t#�e project have been incu�red and have been
accounted for. Costs are incurred when goods and services are received and/or contract work
is performed.
The amount of the tocal share funds a# praject completion must be equal ta the pereent shace of
50.00% as pledged in the grant application.
The Contractor wil{ submit the Certifted Project CompletEan Report together with the last Invoice
Vaucher #or a sum not to exceed the balance of the grant amount irtcluding the ten percen# (10%j
retainage, as described in Section 1.10. The final Invoice Voucher payment shaH not occur prior to
the completion of all project activities identified in ATTACHMENT L• PROJECT SCQPE OF VNORK
and the Board's receipt of the Certified Project Completion Reptirt.
1.12. HISTORICAL AND CULTURAL ARTIFACTS
Governor's Executive Order 05-05 requirements must be fully met pcior to commencing
construction. Contractor agrees #hat the Contractor is legally and financiaAy responsible for
compliance with all laws, regulations, and agreements related to the preserva#ion of historical or
cultural artifacts and agrees'to hotd t�armless the Board anci the State of Washington in relation #o
any claim related to such historical or cuitural arti#acts discove�ed, disturbed, or damaged as a
result of Contractor's project funded by this Cor�#ract.
In addition to the requirements set farfh in this Contract, Contractor shall, in aecordance with
Govemor's Executive Order 05-05, ce�ordinate with the Wash�ngton State Depa►�tmenE of
Archaeology and Historic Preservation (DAHP), including any recommen�#ed consttltation with any
affec#ed tribe(s), during prQject design and prior to constru�tian `#o determine the existence of any
tribal cultural resources affected by the proposed praject fumled by this Contract. Contractor
agrees to avoid, minimize, or mitigate impacts ta the cultural resource as a continuing pre-requisite
to receipt of funds under this Contract.
The Contractor agrees that, unless Contra�tc�r is proceeding under an approved historical and
cultural artifacts monitoring plan or o#her memorandum of agreernent, if hist�rical or cultural
artifacts are discovered during construction, the Contractar shati immediately stop construction and
notifiy the locai historica! preservation officer and the state's historica! preservation officer at DAHP.
The Contractor shail require this provision to be contained in all sub-contracts for work or services
related to ATTACHMENT I: PROJECT SCOPE OF WORK.
In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW
27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
City of Federal Way Page ��a T�
UV09-95t-095 12l22I2009 2009-2011 Urban Vital'dy Grant Program
Resources; RCW 68.60 regarding Abandoned and His#oric Cemeteries and Historic Graves; and,
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
Contractors such as Native American Tribes that are exempt from Governor's Executive Order 05-
05 requirements must show proof of exemption and must demonstrate that they have coordiaated
with their Tribal Historic Preservation O�ce for impacts to above- and befow-ground resources.
Contractor agrees to furnish to the 8oard copies of any monitoring plan or agreement arising f�om
Contractor's coordination and consultation with DAHP or any affected tribe(s).
Completion of the Section 106 of the Nafional Historic Preservation Aet may substitute for
completion of Governor's Executiue Order 05-05, if the project involves federal funding o�
permitting.
Failure by Contractor to #uliy comply with the cequirements set forth in this pravision to the
satisfaction of the Board shall resuit in a suspension of cast reimbursements or termi�tation of this
Corrfract if nc�t timety cured.
Fn the evettt fhat the Contractor finds it necessary to amend ATTACHMEhiT 1: PROJECT SCOPE
OF WQRK, the Contractor may be required to re-comply wi#h Governor's Exeeutive Order 05-05 or
Section 106 of the Natianal Kis#oric Presenration Aet, whichever applies to this project
1.13. REPORTS
The Contractor shall furnish the Board with Project Status Reports when submittir►g Inuoice
Vouchers (as described in Section 1.10), Quarterly Project Reports at the end of each quarter, a
Certified Project Completion Report at project completion (as described in Seetion 1.11), and other
reports as the Board may require. Failure to file reports as requestedmay result in termination of
this Contract
1.'{4. EVALUATION AND MONtTOR{NG
The Con�ractor shatl coaperate with and freely participate in any monitoring or evaluatien activities
conducted by the Board, including site inspections; if necessary.
The Car�tractor may be asked by the Board to provide photographs, either hard copy or
electranically, arhich visually depict the progress made on the praject.
The Soard or the State Auditor and any o# their representativ�s sfiall have full access to and the
righf to examine all af the �on#ractor's records with respect to a!I matters co�ered in tMis Contract.
Such representatives shatl be permitted to audit, exarnine,' and make excerpts or transcripts from
such records and to make audits of all contracts, invoices, materiais, payrolls, and records of
matters covered by this Contract. Such rights last for s�x (6) years fi�om the date final payment is
made hereunder.
9.15. OWNERSHIP OF PROJECTlCAP1TAL FACILITIES
The Board makes no ctaim to any reai property improved or const�uc#ed with funds awarded under
this Contract and does not assert and wiN not acquire any ownership interest in or title to the capital
facilities and/or equipment constructed or purchased with state funds under this Contract. This
provision does not extend to claims that theBoard may bring against the Contractor in recapturing
funds expended in violation of this Contract
City of Federai Way Page 6 Contrad Tertns and Condi6ons
UV09 951-095 12/2212009 2009-2011 Urban Ydaliiyy Grant Pragram
1.16. CHANGE OF OWNERSHIP OR USE FOR CONTRACTOR-OWNED PROPERTY
The Contractor understands and agrees that any or all assets acquired, constructed, or otherwise
improved by the Contractor using the funds under this Contract shall be held and used by the
Con#ractor for the purposes stated in ATTACHMENT I_ PROJECT SCOPE OF WORK for a period
of at least ten (10) years from the date the final payment is made.
For a period of at least ten (10) years �ro�n the date the f�nal payment is made, in the event that the
Contractor decides to change or transfer ownership of any or all assets acquired, constructed, or
othenivise improved by the Contractor using the funds under this Contract, the Contractor agrees
that any such decision or action tnust be submi�ted i� writing>and approved by the Board in writing
at teast thirty (30) days �'ior to th� executian of such decision or ac#ion.
In the event tf�e Con#ractor is fiound to bs out of camptiance with this section, the Contractor shall
repay the principal amount of the granf as stated in Sectian 1_5, plus interest calculated at the rate
of interest on Staie of Washington gen�ral obtigation bonds issued most closely to the effective
date of fhe legislation in which this grant program asset was authorized_ Repayment shall be
made' pursuant to 5ection 1.21. Recapture ProvisiQn.
1.17. CHANGE OF USE �OR LEASED RROPERTY
The Carrtractor understar�cfs anti agrees that any facility teased by the Contractor that is
constructed, renovated, or`otherwise improved using state funds under this Contract shail be used
by the Contractor fiar the purposes s#ated in ATTACHMENT 1; PROJECT SCOPE OF WORK for a
p�rifld of at teast #en (1U) years firam the date the final payrnent is made.
in the event #h� Con#ractor i� €ound to be out of compliance with this section, the Cant�actor shalF
repay the principal amount of #he grant as stated in Section 1.5, :pius interest calculated a# the rate
af interest on State of Washington general obligation bonds issued most closely to the effective
date of the legisiation in which #his grant program was authorized. Repayment shall be made
pursuant to Section 1.21. Recapture Provision.
1.18. SIGNAGE MARKERS. AND PUBLICATIONS
If, during the period covered by this Contract, the Contractor displays or circutates any
communication, publicatian, or donor recognition identifying the financial participants in the pro�ect,
any such cvmmunication or pub[iea�ian must identify "The Taxpayers af Washing#on State" as
participant.
1.19. PREVAILING WAGE LA�1►
The project furtded under this Contract is subject to state prevailing wage (aw (Chapter39.12
RCW). The Contcaetor is advised to corrsult the lndustrial Statistieian at the Washington
Department of Labor and lndustriss to determine #he prevailing wages that must be paid. The
Board is not responsible fof determir�ing the prevailing wages applying to this p�oject or for any
prevailing wage payments that may be required by taw.
1.20. INSURANCE
All self-insured risk ma�agement prcu�carr�s or setf-insurectfliability pool financial reports must
comply with Generally Accep#ed Accounting Principles (GAAP) a�d adhere to accounting standards
promulgated by:
Governmental A�counting Standards 8oard (GASB),
Financial Accounting Standards Board (FASB), and
24
City of federal Way Page 7 Contrad Tertns and CondiUons
UV09 951-095 12/2212009 2009-2011 Urban YdaGly Grard Program
iii. The Washington State Auditor's annual instructions for financial reporting.
Contractors participating in joint risk pools shall maintain sufficient documentation to suppott the
aggregate claim liability information reported on the balance sheet. The State of Washington, its
agents, and employees need not be named as additional insured under a sel#-insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
Employers Liabilitv ("Stop Gap")1'nsurance. In addition, the Contractor shall buy employers liabitity
insurance and, if necessary, commercial umbrelia (iability insurance with limits not less than
$1,000,000 each accident for bodily injury by accident of $1;000,000 each employee fior bodily
injury or disease.
Unemplovment and Intlustriai tnsurance_. The Contractor shall be in'full comptiance with all state
unemployment and industriak insurance laws while performing wo�-k under #his contract. The Board
will not be responsible far payrnent a# industrial cnsurance premiums or for any ather claim or
benefit #or the Contractor, or any subcontractor or employee of the Contractor; which might arise
under the intlustrial 'tnsurance laws during performance of this contract.
Protection of Proieet Propertv Contractor's Assum�tion of Risk. The Contractor shali continuous�y
maintain adequate pratection of a#1 the pro�ect work from damage and shall protect the propetty
from injury or loss arising in eannectiort with this Contract. The entire work o# the Contraetor shall
be at the sole risk of the Gontractar, The Contractor rnay etect ta secure fire, extended coverage,
and vandalism insurance or all-ri5k insurance to cover the project work during the course of
construction. The Contractor shall take all necessary precautions for the safery of employees
working on the project, and shall comply with all applicable provisions of federal, state, and lacaf
safety laws and building codes to prevent accidents or injuries to per�ons, on, abaut, or adjacent to
the premises where the work is being performed.
1.21. RECAPTURE PROVISiON
ln the event that the Contractor fa+ls to expend state funds in accordance with state law and/or the
prqvisions of this Contra�t, the Board reserves the right to reeaptc�re state funds in an amount
equivalent #o the extent o# noncompliance. Repayment by the Contractor of state funds cander this
recapture provision shaH occur within thirty (30) days of demand. lrt the even# that the Board is
requFred to institute proceedings to enforce this recaptufe provision, the Board shalt be entitled to its
cost theGeof, inctuding reasonabte at�orney's fees.
1.22. REDUCTION iN FUNDS
In the event state funds appropriated for fhe work contemplated und�r this Contract are withdrawn,
reduce�i, or timited in any way by the Washington State Governor or Legislature during #he Contract
period, the parties hereto shall be bound by any such revised fund�ng limitations as 'rmplemented at
the discretion of the Soard, and sha11 meet and renegotiate the Contract accordingly.
1.23. REAPPROPRIATION
The parties hereto understand and agree that any state funds not expended by June 30, 2011,
inctuding the ten percent (10 retainage as described in Section 1.9, v�ritl lapse on that date unless
spec�cally reappropriated by the Washing#on State Legislature or Govemor. The Board will make
all necessary efforts to seek reappropriation of funds into the 2011-2013 biennium. If funds are so
reappropriated, ihe Board's obligation under the terms of this Contract shall be contingent upon the
terms of such reappropriation.
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Part 2. GENERAL TERMS AND CONDITIONS
2.1. DEFINITIONS
As used throughout this Contract, the foilowing terms shali have the meaning set forth below:
A.
B.
C.
D.
E.
F.
°Authorized Representative" shall mean.,the Public Works Board Chair and/or the designee
authorized in writing to act on �he Chair's behal#.
"Contractor" shail mean the entity iden#ified on the face sheet performing service(s) under this
Contract, and shall include ali ernpl�ayees and agents of the Contractor.
"The Board" shall mean the Washingt�n State Public V1lorks B�ard created in Revised Code of
Washington (RCW) 43.155.Q3�, and who is a Party to the Cantract.
°Persoi�al Information" sha11 mean information identifiable to any person, including, but not
limited to, infarmation that relates #c� a person's �ame, health, finances, educatic�n, business,
use or r�ceipt of goverflmental services trr other activities, addresses, telephone numbers,
social security numbers; d�iver license numbers, other identifying numbers, and any financial
ide�tifiers.
"State" shall mean the s�ate af Washington.
"Subcontractor" shall rnean one not in the er�rployment of the Gantractor, who is performing alt
or part of those sen+ices under this �nfract under a separate contract with the Contractor. The
terms "subcQntractor"'and "subcontractors" mean subcontcactor(s) in any tier:
2.2. ALLOWABIE COSTS
Costs attowable under this Gantract are actual expenditures according to an approved budget up to
thE maximum arnount stated on the Contract Award or Amendment Face Sheet.
2.3. ALL 1l1�21TINGS CONTAINED HEREIN
This Contract contains all the terxns and conditions agreed upon by the parties. No other
understandings:, oral or otherwise, regarding the subject matter of this Contract shaA be deemed to
exist or to bind any of the parties hereto.
2.4. AMEN�MENTS
This Contract may be amended by mutuai agreemen# of the parties. Such amendments sha11 not be
binding unless they are in writing artd signed by personnel authorized to bind each of the parties.
2.5.
The Contractor must compfy with th€: ADA, w�ich provides comprehensive civil rights pro#ection to
individuals with disabilities in the areas of employment, public accornmodations, state and local
govemment services, and teleeommunications.
2.6. APPROVAL
�This cont�act shall be subject to the written �pproval o# the Board's Authorized Representative and
shall not be binding until so approved. The contract may be altered, amended, or waived only by a
wri#ten amendment executed by both parties.
2.7. ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shaH be transferred or assigned by
the Contractor without prior written consent of the Board.
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2.8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or
other action brought to enforce Contract terms, each party agrees to bea� its own attorneys fees
and costs.
2.9. AUDIT
A. Gene�al Requirements
Contractors are to procure audit services based on the following guidelines.
The Contractor shaU maintain its records and accounts so as to facilitate the audit requirement
and shalf ensure that Subcontracttus atso maintain audi#able records.
Tfie Contractor is responsibte for any audit exceptions incurred by its own �rganization or that
of its Subcont�actcxs.
Ths Board reserves fhe rignt to recover from t�e Contractor all disallovued costs resulting from
tfie audi#:
As appticable, Contractors required to have an aud'+t must ensure the audits are performed i�
accorciance with`GeneraAy Accepted Audifing Standa�ds (GAAS); Govemment A�cliting
Standards (fhe Revised Yellow Book) cieveloped by the CornpttoNer General.
Responses to any unresolved managemenffindings ar�d disaltowed or questioned casts shall
be incfuded with the audit report. The Contractor must respond to the Board requests for
information or corrective action conceming audit issues within thirty (30) days of the clate of
request
B. State Funds Requirements
Contrac#ors expending $100,000 or more in total state fur�ds in a fiscal year �nust have a
financial audit as defined by Government Auditing Standards (Th� Revised Yellow Book) and
according to Genecafly Accepted Auditing Standards (GAAS). The'Schedufe of State F[stancial
Assistance must be included. The schedule includes:
Contractor agency name
State program name
BARS acccwnt number
Contractor
Agency contract number
Contract award amount including amendme�ts (total granE av�ard)
6eginning balance
Currenf year revenues
Current year expenditures
Ending balance
Program total
If the Contractor is a state or iocal govemment entity, the Office of the State Auditor shall
conduct the audit. Audits of �on-profit organizations are to be conducted by a certified public
accountant selected by #he Contractor.
The Contractor shafl iriciude the above a�dit rcquirements in any subcontracts.
In any case, the Contractor's financial records must be available for review by the Board.
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C. Documentation Requirements
The Contractor must send a copy of any required audit Reporting Package as described in
OMB Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the
Contractor's fiscal year(s) to:
Department of Commerce
ATTN: Audit Review and Resolution Office
906 Columbia Street SW, Fifth`Floor
PO Box 48300
Olympia WA 98504-830Q
In addition to sendir�g a copy-of the autlit, when ap#�Iicable, the Contractor must include:
Corrective action ptan for audit findings within three �3) months of the audit bei�g
received by the Bt>ard.
Capy of the Managemen# Letter.
2.10. CODE REQUIRENfENTS
All constcuction and rehabititation projects must satisfy the requirements of applicable local, state,
and federal build'tng, mecFtanical, plumbing, fire, energy and barrier-free codes. Complianee with
the America�s with flisabilitrss Act ef 1990 28 C.F.R. F�art 35 will be required, as specified by the
locat bu'iiding depa�frnent
2.41. CONFIDENTIALITY/SAFEGUARDING OF INFORMATfON
A. "Confidential Information" as used in this section includes:
a. A!1 material pravicfed to the Contractor by the Board thaf is designated as "confidential"
by the Baard;
b. RO material produced by the Contractor that is designated as "confidential by the
Board; and
c_ All personal infarrr�a�ion in the possession of the Contractor that may not be diselosed
under state or federal. law. "Personal information" includes but is not limited to
information related fo a person's name, heatth, finances, education, business, use of
gover�menf servi�es, addresses, telephone nurnbers, sociai secu�ity number, driver's
license number artd other ideniifying numbers, and "Protected Health Information"
under the fedeFa( Health lnsurance Portabitity and Accountabitity Act of 1996 (H1PAA).
B. The Contractor shall comply with all state and federal Faws retated to the use. sharing, transfer,
safe, or disclosure o# Confdential Information. The Gontractor shall use Confidential lnformation
soleiy for the purposes of this Contract and shall not use, share, transfer, selt or disclose any
Confiden�ial In#ormation to any third party except with the prior written consent of the Board or
as may be required by law. The Contractor shalt take ail necessary steps #o assure that
Confidential Informati�r� is safeguarded fo prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidenti�i lnformation or violat'r�n o# any state or federal laws related thereto.
Upon request, the Contractor shatl provide the Board with its policies and procedures on
confidentiality. Th� Board may require changes to such policies and procedures as they apply
to this ContraEE whenever.the Board reasonably determines that changes are necessary to
prevent unauthorized disclosures. The Contractor shall make the changes within the time
period specified by the Board. Upon request, the Contractar shali immediately �etum to the
Board any Confidentiai Informafion that the Board reasonably determines has not been
adequately protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shatl notify the Board within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
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2.12. CONFORMANCE
If any provision of this Contract violates any statute or rule of iaw of the state o# Washington, it is
considered modified to conform to that statute or rule of law.
2.13. COPYRIGHT PROVISIONS
Unless otherwise provided, ali Materials produced under this Contract shail be conside�ed "works
for hire" as defined by the U.S. Gapyright Ac# antl shaif be ewned by the Board. The Soard shall be
considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the: Car�tractor hereby irrevocably assigns all right, title, and
interest in all Materials, incluciing all inte4le�tual property rights, moral rights, and rights of publicity
to the Board effective from the moment of creation of'sucf� Materials:
"Materials" means all i�ems in any format and inciudes, but is nat Nmited to, data, reports,
documents; pamphlets, advertisernents, books, magazin�s, surveys, stwciies, computer programs,
films, tapes, andtor sourt�l reproductior�s. "Own�rshipn includes the right to copyright, patent,
register and the ab�tity to #ransfert[�se>rights:
Far Materials that are delivered under the Contract, but that incorpo�ate pre-existing materials not
produced under the Confract, the:Co�#ractor hereby grants to the B�ard a nonexclusive, royalty-
free irr�vocable ficense (with righ#s to sub�icer�se to others} in sucfi Materials to translate,
reproduce, distr'�bute, pre�are derivative works, publicly perfocm, ar�i publieiy display. The
Contractor warran#s and represents that the Contractor has all rights and permissions, irrctuding
intellectual praperty rights, moral rights and rights of publicity, necessary to gcant such a ticense to
the Board.
The Cantractor shall exert ali reasonable effort to advise the Baard, a# ftie time of delivery of
Materiats fumished under this Contract, of all known or potential invasic}ns of privacy cbntained
therein and of any portion of such document which was not produced irr the performance of this
Contract. The Contractor sha[t provide the Board with prompt written Rotice of eaeh notice ar claim
af infringement receivect by the Contractor with respect to any 11Aateriats delivered under this
Gontract. The Board sha#I have th. e right to modify or remove any restrictive markings placed upon
the Materiais by the Contractor.
2.14. DISAI.LOWE�' COSTS
The Contractor is responsible for any audit exceptions or disaJlawed costs i�curred by its own
organization or that of its Subcontractors.
2.95. DISPUTES
Except as otherwise provicied in this Contract, when a dispute arises t�i�+veen the parties and it
cannot be resolved by direct negotiation, ei#her par#y may request a dispute hearing with the Chair
of the Board, who may designate a neu#raf person to decide the dispute.
The request for a dispute hearing rnust:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the Contracto�'s name, address, and Contract number; and
be maifed to the Chair and the other party's (respondent's) Representative within three (3)
working days after #he parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Chair or the
Chair's designee and the requestor within five (5) working days.
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The Chair or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Chair or designee may extend this period if necessary by notifying the
parties.
The decision sha11 not be admissible in any succeeding judicial or quasi judicial proceeding.
The parties agree that this dispute proce�s shait precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Contract shall be construed to timit the pa�ties' choice of a mutually acceptable
alternate dispute resolution (AdRj mefhod in addition to the dispute hearing procedure outlined
above.
2.16. DUPLICATE PAYMENT
The Cantractor certifies that work to be'performed under this contract does no# dupticate any work
to be charged against any ather contraet; subcontract, or other source.
2.17. ETHICSfCflNFLICTS OF {NTERES7
In performing under this Contract, the Contractor shafl assure eompliance with the Ethlcs in Public,
Senrice Act (Chapter 42_52 RCV1f) and any other applieable state or federal law related to ethics or
conflicts of interest.
2.18. GOVERNING LAW AND VENUE
This Contract shall be eanstn�ed and interpreted in accordance with fhe laws of the state of
Washingtun, and`the venue a# any action brought hereunder sha11 be in the Superior Court foe
Thurston County:
2.19. INDEM'NIFICATI�N
To the fullest extent permitted by taw, the Contractor sha8 indemnify, defend, and hoid harrrtiess the
state of Washington, the Board, atl other agencies of the state and all officers, agents and
employees of the state, fram and agains# all claims or damages for injuries to persons ur property
or death arising out of or incident to #he`Contractor's performance or failure to pertorm the Contract,
The Contractor's at�ligation to indemnify, defend, and hold harmless includes any claim by the
Contractor's agents, employees, representatives, oc any Subcontractor or its agents, employees, or
representatives.
The Contractv�'s obJigation to indemnify, 'defend, and hold harmless shali not be eliminated by any
actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers.
Subcontracts shali include a comprehensive indemnificatian clause holding harmless the
Contractor, #he'Board, the state of Washingto�; �fs ofificers, employees and authorized agents.
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the s#a#e and its agencies, officers, agents or employees.
2.20. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship wiA be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or
agents ofi the state of Washington or the Board. The Contractor will not hold itseif out as or claim to
be an officer or employee of the Board or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which woufd accrue to such officer or
employee under law. Conduct and control of the work will be solely with the Contractor.
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2.21. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf o# its employees as may be required by law, the Board may collect from the Contractor the
full amount payabie to the Industriai Insurance Accident Fund. The Board may deduct the amount
owed by the Contractor to the accident fund from the amount payable to the Contractor by the
Board under this Contract, and transmit the deducted amount to the Department of Labor and
Industries, {L8�1) Division of Insurance Senrices. This provrsion does not waive any of L8�1's rights to
collect from the Contractor.
2.22. LAWS
The Contractor shaU camply with-all aFpplieabfe laws, ordinances, codes, regulations and policies of
local and state and federal govemments, as now ar herea€ter arnended includ'ing, but not limited to:
Washirrgton �tate Laws and f�egulations
Affirmatius activn, RCW 41.06.d2(1(11).
Boards of directQrs or offrcers of non-profit corparations Liabiiity Limitafions; RCW 4.24.264.
Disclos�rre-cam�aign fnances-lobbying, Chapter 42.97 RCVFI.
'Discrim�ation-human righ#s commission, Chapter 49.6� RCW.
Ethics in pe�b�ic senr�ce, Chapfer 42.52 RCW.
Hausing assistance pragram, Chapter 43.185'RCW
Interlocal cooperat+or� aef; Chapter 39.34 RCW.
t�oise co�trol, Ghapter 70.107 RCW.
Office of minority and women's business enterprises, Chapter 39.1'9 RCW and Chapter 326-02
1NAC.
Open pubi'�c meetings act, �hapter 42.30 RCW.
Prevai}ing wages on pubtic works, Chapter 39.12 RCW.
Pubtic recards act, Chapter 42.56 RCW.
Relocation assistance reat property acquisition policy, Chap#er 8:26 RCW.
Shoreline managemenf act o# 1971, Chapter 90.58 RCW.
State budget�g, accounting, and reporting system, Chap#er 43.88`RCW.
State bui}ding code, Chapter 19.27 RCW and Energy-related buitding standards, Chapter 1927A
RCW, and Provisions in buildings for aged and handicapped persons, Chapter 7�.92 RCW.
State Coastal Zone Management Program, Publication �1-06-003; Shorelands and
Environmental Assistance Program,lNashington State aepartment o# Ecology.
State er�vironmental policy, Chapter 43.21C RCW.
State Execut�ve Order 0�=05 Archeological and Cultural Resources.
2.23. LICENSING ACCREDITATION AND REGISTRATION
The Cor�tractor sha#1 comply with ail applicable local, s#ate, and federal lieensing, accxeditation and
registrati�n requirements or standards necessary for the per�ormartce of this Contract.
2.24. LIMITATION OF AUTHORITIf
Only the Authorized Representative or Auti�rized Representative's designee by writing
(designation to b� cnade prior to action) shall have the express, irnplied, or apparent authority to
alte�, amend, modi#y, or waive any clause or coridition Q# this Contract.
2.25. LOCAL PUBLIC TRANSPORTATION COORdiNATION
Where applicabie, Contractor shall participate in local public transportation forums and implement
strategies designed to ensure access to seroices.
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2.26. NONCOMPLIAIdCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shail compiy with ail federal, state, and
local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-
compliance or refusa! to comply with any nondiscrimination law, regulation or policy, this contract
may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared
ineligible for further contracts with the Board. The Contractor shall, howeve�, be given a reasonable
time in which to cure this noncompiiance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth herein.
2.27. POLITICAL ACTIVITIES
Political activity of Con#ractor ernp(oyees and officers are limited by the State Campaign Finances
and Lobbying provisions o# Chapter 42.17 RCW and the Federal Hatch Ac# 5 USC 1501 1508.
No funds may be used for working far or against t�al�ot measures or for w against the candidacy of
any person for public office.
2.28. PREVAILING WAGE LAW
The Contractor cer#ifies that aif contractars and subc�ntractors performing vwork an Project shall
comp4y with state Pr�vailing Wages on Public Works, Chapter 39.12 RCW; as applicable to fhe
Projeef fiunded by #his contract, including but nat Gmited to the �Iing of the "Statement of lntent to
Pay Prevailing Wages" ar�d "Affidavit of Wages Paid" as required by RCW 39.12.040. The
Contractor shaN maintain records sufficient to evidence comptiance with► Ghapter 39.12 RGW, and
shaN make such records available for the Board's review upon request;
2.29. PROHIBITFON AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment ofi any bonus or commission
for the purpase o€obtaining approval of the application for such funds orany other approv�i or
concurrence under this Contract provided, however, that reasonable fees or bona fide technieal
consul�ant, managerial, or othersuch services, other than actual solic�tation, are not hereby
prohibited if otherwise eligible as project costs.
2.30. PUBLICITY
The Contraetor agrees not to publish or use any advertising or publicitymaterials in which the sta#e
of Washington or the Board's name is men#ioned� or fanguage used from v�hich the corltrectic�n with
the state of Washington's or the Board's name may reasonabty be inferred or implied, without#he
prior written consent of the Board.
2.31. RECAPTURE
ln the event that the Contractor faits to p�rform thts contract in aecordance with state iaws, federal
laws, and/or the prov'rsions of this contract, the Board reserves the right to recapture funds in an
amount to compensa#e the Board far the noncompliance in addition to any other remedies available
at law or in equity.
Repayment by the Contractor of funds under this recapture pravision shall occur within the time
period specified by the'Baard. In fhe altemative, the Boartl may recapture such funds from
payments due under this contract.
2.32. RECORDS MAINTENANCf
The Contractor shall maintain a11 books, records, documents, data and other evidence relating to
this Contract and performance of the services described herein, including but not limited to
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
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costs of any nature expended in the performance of this Cont�act. Contractor shall retain such
records for a period of six years following the date of final payment.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been finally
resolved.
2.33. REGISTRATION WITH DEPARTMENT OF REVENUE
lf required by law, the Contractor shall comp�ete registration with the Washington State Department
of Revenue.
2.34. RIGHT OF INSPECTI4N
At no additional costto the Boavd, all �ecorcis relating to the Contractor's performance under this
Contract shall be subje+ct ak a� reasonable times to inspection, review, ar�d audit by the Board, the
Office of the SfateAuditar; and federal and sta#e afficials so authorized by law, in order to monitor
and evaluate performance;' cc�mptiance, and quatity assurance under this Contract. The Contractor
shat� provide' access to its facilities for this purpose.
2.35. SAVINGS
In the event funding frr�rrf state, federat, ar other soucces is withdrawn, reduced, or limited in any
way after the effective date of this Contract and p.rior to normal campletian, the Board may
terminate tt�e Cflntract under the "Termination for Convenience" clause, wifhout the Een business
day notice requirement. In lieu of termination, the Contract may be amended to reflect the new
funding limitations and cond�tions.
2.36. SEVf R�►8ILITY
Ifi any provision of this Contract or any provision of any document incorporated by reference shalf
be heid invafid, such invalidity shall not affect the other provisians of this Con#ract thaf can be given
effect without the invalid provision, if such remainder conforms to the requirements of law and the
fundarrrental purpose a# this Cantract and to this end the provisions of this Contract are declared to
be -severable.
2.37. SUBCONTRACTING
The Corttractor may onty suhcontract work contemplated under this Contract if it obtains the prior
written approval of the Board.
If the Board approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies o# aN subcontrae#s �nd records related to subcontracts. For
cause, the Board in writing may: (aj require the Contractor to amend its subcontracting procedures
as they retate to this Contract; (b) prohibit the Contractor from subcontracting with a particular
person or entity; or (c) require khe Contractc3r to cescind or amend a subcontract.
Every subcontract shat� b�nd the Subcontractor to follow a11 applicable terms of this Contract. The
Contractor is responsibie to the Baard if the Subcontractor fails to comply wifh any applicable term
or condition of this Contract The Con#ractor sk�all ap�ropriately moniCor the activities of the
Subc�ntractor to assure fiscai conditions of this Contract. ln no event shall the existence of a
subcontract operate to release or reduce the liabilify of the Contractor to the Board for any breach
in the performance of the Contractor's duties.
Every subcontract shaH include a term that the Board and the State of Washingtan are not liable for
claims or damages arising from a Subcontractor's performance of the subcontract.
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2.38. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to sunrive the completion of the performance, cancellation or termination of this Contract
shap so survive.
2.39. TAXES
All payments accrued on account= payro(I faxes, unemptoyment contributions, the Contractor's
income or gross receipts, any ofher taxes, insurance or expenses for the Contractor or its staff shalt
be the sole responsibility of the Contractor.
2.40. TERMINATlON FOR CAUSE SUSPENSION
In event the Boarti 'determines th�f the Contractat:failed to compty with any term or condition of this
Contract, the Board rt�ay terminate t� Cantract in whole c�- in part upon written notice to the
Contractor. Such termir3ation shalf be d�emed "for'cause.°` Terrnination shall take effect on the
date specified in th� natice.
In the altemative, the Board upon written notice-may allow #he Cantrac#or a specific period of time
i� which to correctthe r�cm-compliance. Dtaring the correctirre-action time period, t3ie 8oard may
suspend further payr�ent to the Contractc�r in whole or in part, or may restrict the Contrac#or's right
to perform duti�s under this Confract. Failure by the Contractor to take timely corrective action
shall allow the 8oard to te�minate the Cantrac� upon written rtotice to the Confractor.
`Termination for Cause" shall be deemed a"Termination for Convenience" wf�en the Board
determines that the Contractor did not fail to comply with the terms of the Contract orwhen the
Board determines #he faiture v�as not caused by the Con#ractor's actions or negligence.
if the Contraet is terminat�ed #or cause, the Contractor shall be tiable #of damages as authorized by
taw, inciuding, but not limited to, any cost difference between the original contract and the
replacement contract, as-wetl as aH costs associated with entering into fhe repl�cement contract
(i.e., cQmpetitive bidding, mailing, advertising, and staff time).
2.41. TERMINATION FOR CONVENIENCE
Except as atiierwise provided in this Contraet the Hoard may, by ten (1Q) business days written
notice, beginning on the second day af�er the maiting, terminate this Contract, in whol� or in part. If
this Con#ract is:so Eerminated, the Board shall be liable only for payment req,uired under the terms
of this Contract for services rendered or goods delivered prias to the effec#ive date of termination.
2.42. TERMINATION PROCEDI�RES
After receipt of a notice of termination, except as othetwise directed by the Board, the Contractor
sha1L
A. Stop work u�eler the Confract o�t fiie date, and to the extent specified, ir� the notice;
B. Place no further orders or subcontrac#s for materials, services, or facilities related to the
Contract;
C. Assign #o the State all of the tights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case the Board has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts. Any
attempt by the Contractor to settle such claims must have the prior written approval of the
Board; and
D. Preserve and transfer any materiais, contract deliverables andlor the Board property in the
Contractor's possession as direc#ed by the Board.
34
City of Federal Way Page 17 Contra� Terms ar� Conditions
UV09-951-095 12I22/20U9 2009 201 t Urban V'rtal'ity GtantProgram
Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the
Contractor under the Contract prior to the date of termination. The Board may withhold any amount
due as the Board reasonably determines is necessary to protect the Board against potential loss or
(iability resulting from the #ermination. The Board shall pay any withheld amount to the Contractor if
the Board later determines that loss or liability will not occur.
The rights and remedies of the Board under this section are in addition to any other rights and
remedies provided under this Curttract or otherwise provided under law.
2A3. WAIVER
Waiver of any default or breach shail nof be deemed #o be a waiver of any subsequent default or
breach. Any waiver sha�l not be construed to be a modification of the terms of this Contract unless
stated to be sucfi in writing and signed by Authorized Representative of the Board.
C�y of Federal Way Page 18 Contract Tertns and Conditia�s
UV09-951-095 12122I2009 2009-2011 Urban V'dality Grant Pragram
ATTACHMENT I:
PROJECT SCOPE OF WORK
PUBLIC WORKS BOARD
2009-2011 URBAN VITALITY GRANT PROGRAM
Contractor: City of Federal Way
Contract Nurnber: UVQ9-951-095
Project Title: South 348th Street at 1st Avenue South Intersection
The projecYs sc�pe of work �s comprised of the following activities:
This confract provides`for the �natization of plans and specifications, advertizirrg, award,
and improvement o# the S 348th Street Intersection at 1st AvenWe S incfuding
approximateFy 1,300 tinear feet of imFrovements alongS 348th Street, approximate�y 1,320
linear feet of improvements a[ong 1'st Avenue S,: new asphatt concrete paverrten#,
approximately �,050 linear feet of curb and gu�ters, approximately 1,700 square yards of
sidewalks, media� canstruction, drainage impravements, structurai'retaining walls, traffic
signal and i�terconnect, illumination (inciuding appraximately 14 new street lights),
iandscaptng irnprovements, and other work.
If the above scope of wark incfudes engineering, pianning, or design aetivities, the Contractar shaN make
all plar�s and documents fiunded in whole or in part by this Contract available for the Board's review upan
reasonable request.
The project wili be:considered complete when ait the activities identified in the above sebpe of work are
comptete. Atiditionally, the project performance measures listed betow mast be accomplished by tt�e end
of November 2D10.
The project v�rili impreve Levei of Service (LOS) at the project sife and travet time aFong the
S 348th Street corridor. Currently, the intersection is o�rating at LOS "D" with 52.3
seconds of delay during Lhe PM peak period. The proposed improvements motdd improve
the Level of Senri�e to LOS "C" rnrith Z7.9 seconds of delay. Corridor:travei time in both
directions wauld be improved significantly dwe ta a reduction in congestion, increased
tra�c #!ow through the intersection, and reduction in delay.
These measures wi11 be measured using evening peak hour traffic counts the City of
Federal Way collects every other year as part of our concurrency monitoring system. The
tra�c counts are then evaluated using Synchro and Highway Capacity Manual
methodology (traffic analysis software) to calcWate the performance measures. Current
levels are basec� an 2008 couats incrsased at a growth factor of 2°� to approximate 2009
current conditions. T�affic counts will be taken in the fall of 2010 after completion of the
project, and evaluated in Sy�chro to caiculate the final performanc� measures.
The Contractor, by its signature below, certifies that the project's scc�pe of work and performance
measures set forth above have been reviewed and approved by the Contracto�'s governing body as of
the date and year written below.
36
City of Federal Way Page 19 P�� p� S�
UV09 951-095 12122/2009 2009-2011 Urban �tality 6raMProgrdm
SIGNATURE
NAME
TITLE
DATE
City of Federal Way
UW9-951-095
Page 20 Attachment I: Projed Scape af Work
12/22/2009 2009-2011 Uiban �tadry GraM Program
ATTACHMENT II:
CERTIFICATION OF THE AVAILABILiTY OF FUNDS TO
COMPLETE THE PROJECT
PUBUC WORKS BOARD
2009-2011 URBAN VITALITY GRANT PROGRAM
ContraCtor: City of Federal Way
Cantract Nurnber: UV09-951-�95
i This Urban Vitality Grant Wash'tngton State Public Works 8oard $1,996,335.00
Grant #1 $0.00
Grant #2 $0.00
Grant #3' $0:00
$0.00
Tatal Grants Y
K-
�?�c��
Non-Match Loan #1
Non-Match Loan #2
r a
m``.; ro *r,� E;�
Tatai Non-Match Loans a
$0.00
$0.00
�P�.Q�
Loan #1 $0.00
Laan #2 $0 00
Loan #3 j _T_ �0 00
$0.00
Total toans
r
9
Local Revenue #1 City of Federal Way Canstruction I $1,996,335.00
Locai Revenue #2 $0.00
Local Revenue #3 $0.00
Totai �ocai Revenue $1,996,335.00
Other Funds #1 $0.00
Other Funds #2 $0.00
$OAO
Total ather Funds
TOTAL PROJECT FUNDING $3,992,670.00
LOCAL PROJECT SHARE (MATCH FUNDS PERCENT)
50.00%
38
City of Federal Way Page 21 Attachrr�nt II: Availability of Funds Certfiqtion
UV09 951-095 i?J22J2009 2009-2011 Utban VitaGty Grant Program
The Contractor, by its signature below, certifies that project funding from sources other than those
provided by this Contract and identified above has been reviewed and approved by the Contractor's
governing body or board of directors, as applicable, and has either been expended for eligible project
expenses, or is committed in writing and available and will remain committed and available solely and
specifically for carrying out the activities described in ATTACHMENT l: PROJECT SCOPE OF WORK, as
of the date and year written below. The Contractor shall maintain records sufficient to evidence that it has
expended or Mas access to the funds �eeded #o comptete the activities described in ATTACHMENT l:
PROJECT SCOPE OF WORK, and shall make such records available for the 8oard's review upon
reasonable request.
SIGNATURE
NAME
TITLE
DATE
39
City of Federat Way Page 22 Atta�ment 11: Avaitabi6ry of F�mds Cer6fication
UV09-951-095 12/22/2009 2009-2011 Urban Ydalily Grant Program
ATTACHMENT ill:
ESTIMATED PROJECT COSTS
PUBLiC WORKS BOARD
2009-2011 URBAN VITALITY GRANT PROGRAM
Contractor: City of Federal Way
Contract Nurnber: UV09-951-095
SIGNATURE
NAME
TiTLE
.DATE
Ciry of Federal Way
UV09-951-095
40
Page 23
12/22/2009
Attachment Iil: Estimated Projed Costs
2009-2011 Urban Vitality Grant Program
The Contractor, by i#s signature below, certifies that the Estimated Rroject Costs set forth above have
been revieuved and approved by the Contractor's goveming body or board of directors, as appiicable, as
of the date and,year wri#ten below.
ATTACHMENT iV:
CERTIFICATION OF THE PAYMENT AND REPORTING OF
PREVAILING WAGES
PUBLIC WORKS BOARD
2009-2011 URBAN �/17ALITY GRANT PROGRAM
Contractor: Gity of Fede�ai Way
Contract Numtaer: 11i/09 951-095
The Co�tractor, by i#s signahare beiQUV, ce�tifes tha# al! contractors and subcontractors perfom�ing work
on the project as described in ATTACHMENT i: PRQJEC7 SCOPE OF WORK shall comply with
prevailing wage laws set forth in Chapter 39.12 RCW; as appiicable to the project furtded by this Contract,
including t�ut not iimited to the frling of fhe "Statement af fntent to Pay Prevailing 1Nages° and "A#fidavit of
Wages Paicl" as required by RCW 39.12.040. The Contractor shap maintain records sufficient fo
evidence compliance with Chapter 39.12 RC1N, and shai# make such records available for #he Bc�rd's
review upon reqaest.
If any state funds are trsed by the Contrac#or €or the purpose of construcEion, appticable State Prevailing
Wages must be paid.
The Contractor, by its signature befaw; certifies that the declaratian set farth above has been reviewed
and approved by the Contractor's governing body as of the date and year v+rritten belaw.
SlGNATURE
NAME
T1TLE
DATE
41
Ciry of Federal Way Page 24 Att�finent IV: Prevatlirx,� Wages C�tion
UV09-9511195 12122f'2009 2009-2011 Urbarr VrtaNty Grar�t Ptogram
ATTACHMENT V:
CERTIFICATION OF THE INTENT TO ENTER THE LEADERSHIP IN
ENERGY AND ENVIRONMENTAL DESIGN (LEED)
CERTIFICATiON PROCESS
PUBLIC WORKS BOARD
2009-2011 URBAN VITALITY GRANT PROGRAM
Contractor: City of Federal Way
Con#ract Nurnber: UV09-95"1-095
The Contractor, by its signature belaw, certifies that it will enter into the Leadership in Energy and
Environmental Design (LEE�) certification process, as stipulated in RCW 39.35D, as applicable to the
project described in ATTACHMENT 1: PROJECT SCOPE OF W�RK funded by this Contract. The
Contractor st�all, upon receipt flf'LEED certification by the United States Green Building Council, provide
documentation o# such certification #o the Board.
The Contractor, by its signature below, certifies that the declaration set forth above hasi�en reviewed
and approved by the Contractor's goveming body or board o# directors, as appfieable, as of the da#e and
year written belaw.
StGNATURE ��B`E
APPL�
N07'
NAME �Q
empt p
x
TtTLE
DATE
City of Federal Way Page 25 Attachment V: LEED Cefificatiai
W09-951-095 12I2212009 2009-201� UrbanVitaqly�ramProgram
COUNCIL MEETING DATE: January 19, 2010
ITEM
SUB.iECT: 2010 Asphalt Overlay Program Revised Preliminary Project List and Authorization to Bid
POLICY QUESTION Should the Council approve the Revised 2010 Asphalt Overlay Program Preliminary Project
List and authorize staff to proceed with the design and bid of the proposed 2010 Asphalt Overlay Program?
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
COMMITTEE Land Use and Transportation Committee
CATEGORY:
Consent
City Council Business
Ordinance
Resolution
STAFF REPORT BY: Marwan Salloum P.E., Deputy Public Works Director�
MEET[NG DATE January 4 2010
Public Hearing
Other
EP'[': Public Works
Attachments: Land Use and Transportation Committee memorandum dated January 4, 2010.
Options Considered:
1. Approve the revised list of streets for the 2010 Asphalt Overtay Project as presented. Furthermore, authorize
staff to bid all or part of the 2010 Asphalt Overlay Project, returning with a request for permission to award
the project within the available 2010 Asphalt Overlay Budget to the lowest responsive, responsible bidder.
2. Direct staff to modify the prelirninary list and return to Committee for further action.
3. Take no action and provide direction to staff.
STAFF RECON[MENDATION Staff recommends forwarding Option 1 to the January 19, 20i0 City Council Consent
Agenda for approval.
CITY MANAGER APPROVAL: DIRECTOR APPROVAL:
mi council ommittee council
CON[MITTEE RECOMMENDATION Forward Option 1 to the January 19, 2010 Council Consent Agenda for approval.
Linda Kochmaz, Chair Jim Ferrell, Member Dini Duclos, Member
PROPOSED COUNCIL MOTION "I move approval of the updated list of streets for the 2010 Asphalt Overlay
Project as presented. Furthermore, I authorize staff to bid all or part of the 2010 Asphalt Overlay Project,
returning with a request for permission to award the project within the available 2010 Asphalt Over/ay Budget to
the lowest responsive, responsible bidder.
(BELOW TO BE COMPLETED BY ClTY CLERXS OFFICE)
COUNCIL AC'i'[ON:
APPROVED COUNC[L BILL
DENIED l� reading
TABLED/DEEERRED/NO AC1'ION Enactment reading
MOVED TO SECOND READ[NG (ordinances only) ORDINANCE
REV[SED 02/06/2006 RESOLUT[ON
43
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
January 4, 2010
Land Use and Transportation Committee
Brian Wilson, City Manager
Marwan Saltoum, P.E., Deputy Public Works Director
Jeff Huynh, Street Systems Engineer
2010 Asphalt Overlay Program Revised Preliminary Project Lut and Authorization to Bid
BACKGROUND•
As part of the 2Q09-2010 mid-biennium budget adjustrnents the City Council appropriated and additional
$500,000 to the 2010 overlay program. The new total estimated budget for the program is $2,173,435 and is
comprised of the following:
2010 Proposed Overlay Budget $1,400,000
2009-2010 mid-biennium budget adjustments $500,000
2010 Structures Budget $146,267
2009 Carry Forward (estimate) $127,168
TOTAL FUND[NG AVAILABLE $2 ,173,435
The following is revised preliminary list of streets to be included in the 2010 Asphalt Overlay Program based on
the additional funding for the 2010 overlay budget. The streets were selected using the City's Pavement
Management System and were verified by field reconnaissance. The costs shown are estimated and will be
refined as the design of each schedule is completed. A project vicinity map and more detaiied area maps are
attached for your information.
SCHEDULE
A
B
C
D
E
F
G
H
DESCRIPTION AMOUNT
ls` Way South —S 338�' to S 344` Street $419,900
S 317�' Street 23`� to 28`" Ave $202,300
Milton Road (S 369` to City limit) $376,000
23� Ave S 319�' to S 322" Street $240,000
S 320`�' Street 1 l�' Ave to 8�' Ave $271,000
S 320�' Street 8�' Ave to 6�' Ave $213,000
Marine View Fstate $3?Q;flOt�
SW 29b S�cet �l�&,�
ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS:
10% Construction Contingency
Pavement Management System
In-house Design
Construction Administration
City's Administrative Fee
Printing and Advertising
ESTIMATED TOTAL PROGRAM COST:
$2,219,100
$221,900
$35,000
$63,000
$1 i 5,000
$72,000
$3,5�
$2,729,500
44
January 4, 2010
Land Use and Transportation Committee
2010 Asphalt Overlay Program
Page 2 of 2
The estimated cost of $2,729,500 is a preliminary figure used for estimating purposes only and includes
construction administration, ten percent construction contingency, in-house design and construction management,
printing and advertising. The 2010 Asphalt Overlay Project will be awarded within the available overlay program
budget.
Once Council approves the list of streets for the Overlay Program, staff will begin the final design. The
anticipated date for advertising is February 2010, with construction beginning in May 2010.
�»��zoomoi-oa-io m�o n�,8�� o�ert�y rsc ��.a�
45
N A-1 st Way S
B S 317th S#reet
N C Milton Road
�D-23rdAveS
E S 320th Street
y`��' F S 320th Street
N G- Marine View Estates
H SW 296th Street
Streets
City of Federal Way
2010 Asphalt Overlay
Preliminary List
N
Federaf Way
CityMap
Map Printed-0ec 14 Z�9 tvore: rnis n�p is inrenaed rur use as a graphk:ar repres�on on►r-
Nlap made yr acan 4 6 rne c+Yy ot Fede►a► way ma�ces no wa�ran[y as to �Ys acamacy.
N
Schedule A
1 st Way South
Federal Way
CityMap
Map P�4ntsdtiSep 17 2009 Note: fiis map is intended tor use as a graphical �ep�esentadon ady.
�P h� 4 7 rne cCityy orFederai way rnalces no werrerNy as ro �s a�xacy
Schedule B
S 317th St
N
Federai Way
CityMap
�uap p�t�a,seP �7 soos n►�: n,��u�,�►��.��e���«►�
wp m�de ty .kan 4 8 n►e CKy �Fede.al way m�ces no wranamy as ro Ars accure�.y.
N
Schedule C
Mi1t011 R01d S Federal Way
CityMap
��cea.se�,�
�vote: n,is m� is unendad AOr use as e g�f�ca►�e�es�rt�inn «�Ir-
4 9 fie Cily �Fed�al Way makes rw wanady as do 1ts acc�scy.
P���,�
Map �le by �Can
Schedule D
23rd Ave S
50
N
Federal Way
CityMap
n►or�: rhrs �,�u;� u,r��ded aor+� a�rr�►,�re�eior, o►�r-
rne cxya� way►�,�� �o ��y� �ous �y.
Schedule E
S 320th Street
N
Federal Way
CityMap
Map Prlr�ted-3ep 17 2009 nrote: 7his n� is 1r�ee�ed �o. u� as a graphical �preaer�fon or+ly.
fuap mads by aaan 51 7he C�y of Federe/ way makes no wenar#y as eo its axwscy.
Schedule F
S 320th Street
N
Feder�l Way
CityMap
Nlap Printa�Sep 97 2009
Note: iriis map is intendad far use as a graphical repratevNaGion ady.
5 2 7rie City oiFederai Way makes no wa�irty as to rts acauacy.
Schedule G
Marine View Estates
N
Federaf Way
CityMap
Map P�,�tBa-0ec ,a 2�9 ,vae: rn;s,,,e�, rs rnrer�ded ror �e as a�► re�.,r�o., «rr.
Map meds by accm 5 3 rne cCltyy ar-edera� waymdres ov wanaMyas ro ns acaaacy.
Schedule H
SW 296th St
N
Federal Way
CityMap
Map Prt�ea-uec 1a 2009 nroee: rn�s mayo �s,n�endae �o. use as a s►a�n� roa+�sen�a�a+ «d,�
Map r�uds by �Cm 5 4 rne Crty orFede,al wey mak+es no war►antyas m�s acanacy.
COUNCIL MEETING DATE: N/A
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM
SUS.�ECT: Adelaide NTS New Speed Data
POLICY QUESTION N/A. Item is for information only.
COMMITTEE Land Use and Transportation Committee
CATEGORY:
Consent
Ordinance
MEETING DATE January 4 2010
Public Hearing
City Council Business Resolution Other
STAFF REPORT BYlRick Perez, P.E_, Ci _Traffic_ Engineer DEPT: Public Works
At the November 2, 2009 Committee meeting, the Committee requested staff conduct new speed counts on 21
Avenue SW near SW 304�' Street in response to citizen concerns.
Attachment: Memorandum to Land Use and Transportation Committee dated January 4, 2010.
Options Considered:
N/A. Item is for information only.
STAFF RECOMMENDATION N/A.
is�or information only.
CITY MANAGER APPROVAL: v DIRECTOR APPROVAL:
council
COMMITTEE RECOMMENDATION N/A. Item is for information only.
Council
Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member
PROPOSED COUNCIL MOTION No motion necessary. Item is for information only.
(BELOW TO BE COMPLETED BYCITY CLERKS OFFlCE)
COUNCIL ACTION:
APPROVED COUNCIL BILL
DENIED l reading
TABLEDlDEFERRED/NO ACTION Enactmeot reading
MOVED TO SECOND READ[NG (ordinances only) ORDINANCE
REV[SED 02/06/2006 RESOLUTION
[��.7
CITY OF FEDERAL WAY
MEMORANDUM
DATE: January 4, 2010
TO: Land Use and Transportation Committee
VIA: Brian Wilson, City Manager
FROM: Rick Perez, P.E., City Trat�ic Engineer
SUBJECT: New Speed Data forAdelaide NTS Petition
BACKGROUND:
At the November 2, 2009 Committee meeting, the Committee requested staff conduct a new speed study
on 21 Avenue S W to determine the extent of changes in traffic conditions from previous studies.
The new studies indicate that speeds have crept upward on the northerly segment on 21�` Avenue SW
(near SW 304`� �treet), but remained the same near SW 307` Street. Using the adopted Neighborhood
Traffic Safety (NTS) Program criteria, the intersection of21s` Avenue SW at SW 304`� Street would score
1.5 points for speed, 0 points for volume, 0.5 point for having a school crossing, and 0 points for collision
history. As such, the request for the all-way stop at 21�` Avenue SW at SW 304`� Street stiil does not meet
NTS criteria. Furthermore, under current policy, the petition cannot be reconsidered untii 2011.
One non-injury collision has been reported at this intersection since 2004. Another collision occurred in
2009 west of the intersection where the driver reportedly ran the stop sign on SW 304�' Street. It is not
likely that either of these coilisions wou(d have been prevented by the installation of an all-way stop.
56