LUTC PKT 04-03-2000April 3, 2000
5:30 pm
City of Federal Way
City Council
[,and Use/Tr,'msportation Committee
City Hall.
Council Chambers
MEETING AGENDA
2.
3.
4.
5.
o
CALL TO ORDER
APPROVAL OF MINUTES
PUBLIC COMMENT (3 minutes)
COMMISSION COMMENT
BUSINESS ITEMS
A.
B.
D.
E.
F.
G.
H.
Lakota Creek Adopt-a-Stream Presentation Info
King Conservation District Noncompetitive Action
Contract- Water Quality Monitoring Stations
Replacement of Plannipg Commission Vacancy Action
Sign Code/Sign Citation Update Info
l_.ovegrea Development Agreement Status Action
11 th Placc South Storm Drainage Pipe Repair Action
CTR Interlocal with King County Action
Annual Pavement Marking Contract Action
FUTURE MEETING AGENDA ITEMS.
Residential Densities/Housing Capacity'
Open Cut of ROW vs Boring
Endangered Species Act Update
SWM/CIP West Hylebus Channel Stabilization
Custer Subdivisions
7. ADJOURN
Wise/15 min
Wise/!5 min
McClung/10
McClung/15 min
Michaelson/5min
Mil!er/10 min
Per'cz/5 min
Perez/l 5 min
Committee Members:
Phil Watkins, Chair
deanne Burbidge
Dean McColgan
City Staff'
Stephen Clifton, Director, Community Development Services
Sandy. Lyle, Administrative Assistant
253.661.4116
15LU-TRANSLa, pril 3, 2000 LUTC AGN.doc
March 13, 2000
5:30pm
City of Federal Way
Cit~Colincil
Land Use/Transportation Committee
SUMMARY
City Hall
Council Chambers.
In attendance: Committee members Phil Watkins, Chair, Jeanne Burbidge and Dean McColgan; Council Member Linda
Kochmar; City Manager David Mosely; Deputy Director of Community Development Services Kathy McClung; Public Works
Director Cary Roe; Assistant City Attorney Bob Sterbank; Principal Planner Greg Fewins; Traffic Engineer Rick Perez;
Associate Planner Deb Barker; Senior Engineering Plans Reviewer Jim Femling; Assistant Traffic Engineer Hazem EI-Assar;
Assistant to the City Manager Derek Matheson; Administrative Assistant Sandy Lyle.
1. CALL TOORDER
2. APPROVAL OF MINUTES
The minutes of the March 13, 2000, meeting were approved as presented.
PUBLIC COMMENT
Charles Connon spoke about the negative impact the Silverwood Development would have on his Bellacarino Woods
property. He asked how he could be sure that his comments were forwarded to the Hearing Examiner for consideration.
4. COMMISSION COMMENT
There was no additional comment from any of the City Commissions.
BUSINESS ITEMS
A. Preliminary Plat South Campus Bible School Subdivision - The Committee m/s/c to the City Council their
recommendation of approval of the Preliminary Plat of the South Campus Bible School Subdivision. The plat
consists of a twenty-one lot single family residential subdivision on 4.79 acres at SW 352~d Street between 19th
and 21st Avenues SW. The project is conditioned as set forth by the Hearing Examiner on February 8, 2000. It
was noted that a fee-in-lieu payment for open space would be in the amount of 15% of the assessed value of the
land at the time of final plat approval.
South County Area Transportation Board Interlocal Agreement - The South King County Area Transportation
Board (SCATBD) provides a forum for transportation agencies in South King County to share information,
build consensus and interagency coordination to resolve transportation issues. The interlocal agreement is
proposed for amendment to add voting rights for the newly incorporated cities of Covington and Maple Valley.
The proposed amendment also clarifies minor issues such as refining the def'mition of a quorum and legal
liability issues. The Committee m/s/c recommendation of approval to the City Council when they review the
SCATBD Interlocal at the April 4, 2000, City Council meeting.
Transportation Concurrency - The Committee discussed transportation issues and concerns. Transportation is
the number one issue in Federal Way. Many traffic problems were identified. Roads and intersections that are
failing were addressed. The Committee then asked for suggestions on possible solutions to the problems and
failures. Funding is needed to make significant improvements in traffic concerns within the City. The
Committee decided to add a Transportation Improvement Fee (TIF) to its work plan for the near future.
Additionally, the Committee would like to see Federal Way become the "poster child" for inadequate traffic
service. The Committee's ideal is to involve the Chamber of Commerce, businesses, and citizens to present
issues to the legislature in Olympia.
6. FUTURE MEETINGS
The next meeting will be held at 5:30pm in City Council Chambers on April 3, 2000.
7. ADJOURN
The meeting was adjourned at 7:05pm.
15LU-TRAN S~SAR 1300LUTC SUM.doc
The Lakota Adopt-A-Stream Presentation will be a program
overview by the Decatur High School students. Their presentation
elements will include assessment of habitat, biology, and the water
quality of Lakota Creek.
DATE:
TO:
March 30, 2000
Phil Watkins, Chair
Land Use / Transportation Committee
FRO.: Darla Wise, Surface Water Quality Coordinator
V:ZA: David H. Moseley, City Manager
SUB.1ECT: King Conservation District Noncompetitive Grant
BACKGROUND
In 1994, King Conservation District put in place a parcel fee of $1.25, and in 1997 proposed to increase the fee to
$5.00 per parcel starting in 1998. According the District's work plan, the increased fee was to be used to fund a
livestock management program, stream protection buffer purchase program, a Lake Washington study, and
administrative costs. The City of Federal Way petitioned to withdraw from the King Conservation District because a
surface water management program was already in place and a surface water management fee was being collected.
The District's program had little to no benefit for the City. The agreement to withdraw from the District was finalized
in December 1997. Although the agreement was finalized in December 1997, parcel assessmentfunds were collected
by the District in 1998 and were to be returned to the City and applied to natural resource conservation projects.
From 1994 to 1997, King Conservation District collected a property assessment fee of $1.25 per parcel with $0.41 of
each assessment allocated to the City of Federal Way in cash or equivalent services. The 1998 assessment fee was
increased to $5.00 per parcel with $1.00 of each parcel assessment to be returned to the City. A total of $23,971.00
is to be returned to the City of Federal Way and includes the balance of the 1994 to 1997 assessment fee, $2,351,41,
and the 1998 assessment funds, $21,439.59.
A King Conservation District Noncompetitive Grant in the amount of $23,791.00 has been awarded to the City of
Federal Way. The grant award represents the return of the parcel assessment funds collected by the District from
1994 to 1998. Grant funding of natural resource conservation projects must be applied towards one or more of the
activities/purposes outlined in RCW 89.08; conduct surveys, investigations, and research relating to the conservation
of natural resources, educational and demonstration projects, preventative and control measures for the conservation
of natural resources, preparation of a long-range comprehensive conservation program, information and educational
opportunities for agricultural, rural and urban landowners to help them be good stewardsof land and water resources,
and promotion of natural habitat restoration projects. Attached is a copy of the agreement for award of the
noncompetitive grant.
On December 21, 1999 the City Council authorized the use of $4,070.00 of the grant award as the 10% cash match
for the King County Waterworks Grant. The Waterworks Grant funded the formation of the Hylebos Stream Team, a
public education and outreach program. This meets the RCW 89.08 requirement to conduct educational and
demonstrational projects, and to provide landowners with the information and education necessary to be good
stewards of the land and water resources.
The remaining $19,721.00 grant award, along with a $15,929.00 match funded from the Surface Water Management
annual programs budget, is proposed to be used to purchase water quality monitoring equipment. A total of five
monitoring stations will be established along West Hylebos, Ice's and Lakota creeks. Water quality data will be
collected on a continuous basis at five minute intervals, and will include the following parameters; pH, temperature,
dissolved oxygen, conductivity, precipitation and flow. This would also meet the grant funding RCW criteria.
The ability to monitor streams throughout the watershed on a continuous basis will provide important information
necessary to meet ESA and NPDES Phase II regulatory requirements. The monitoring equipment can be easily
installed and removed making it portable. This will allow flexibility in the investigation and identification of water
quality problems throughout the watershed. Data collected from the monitoring stations will be used as part of the
ESA and NPDES Phase II adaptive management process in the protection of salmon habitat, identification and
elimination of contaminant sources, and the determination of the surface water program effectiveness in protecting
installed and removed making it portable. This will allow flexibility in the investigation and identification of water
quality problems throughout the watershed. Data collected from the monitoring stations will be used as part of the
ESA and NPDES Phase !! adaptive management process in the protection of salmon habitat, identification and
elimination of contaminant sources, and the determination of the surface water program effectiveness in protecting
surface water quality.
RECOIVlM EN DATZON
Staff recommends that the committee place the following items on the April 4, 2000 City Council Agenda for
approval:
Authorize the Surface Water Management Division of Public Works to accept the King Conservation
Noncompetitive Grant award.
Authorize the City Manager to execute the Agreement,
Authorize the Surface Water Management Division of Public Works to use the remaining $19,721.00
of the grant award, plus a $:[5,929.00 match funded from the Surface Water Management Annual
Programs budget to purchase water quality monitoring equipment.
DW:kc
attachment
K:\LUTC\2000\King Conserv Dist Grant Award 3-15-00.wpd
AGREEMENT FOR AWARD
OF NONCOMPETITIVE GRANT
City of Federal Way
This Agreement is made between the King Conservation District Number 9, a municipal
corporation in King County, Washington, located at 935 Powell Ave. SW, Renton, WA 98055 (referred
to herein as "District"), and the City of Federal Way, a municipal corporation in King County,
Washington, located at 33530 1st Way South, Federal Way, WA 98003 (referred to herein as
"Recipient"), for the purposes set forth herein.
SECTION 1. RECITALS
1.1 Whereas, the District is a special purpose district organized and existing under
authority of Chapter 89.08 RCW. The District engages in and provides certain conservation
activities that are authorized and described in RCW 89.08.220; and
1.2 Whereas, on December 15, 1997, the Metropolitan King County Council enacted
King County Ordinance No. 12959 which, among other things, provides for the distribution of
noncompetitive grant funds from a portion of the special assessments imposed by King County
Ordinance No. 12959 and collected by the District pursuant to Chapter 89.08 RCW; and
1.3 Whereas, on November 19, 1998, the District adopted Resolution No. 98-20 relating
to the policy and procedures governing the District's award of any noncompetitive grants authorized
by King County Ordinance No. 12959; and
1.4 Whereas, King County's Regional Water Quality Committee which was formed for
the purpose of addressing and responding to regional environmental needs has established regional
funding principles to be considered during the process of awarding noncompetitive grants; and
1.5 Whereas, certain Watershed Forums (i.e., Lake Washington/Cedar River,
Green/Duwamish River, Sammamish River, Snoqualmie River and Central Puget Sound) have been
established by King County Council Motion No. 9681 and through the voluntary association of
agencies and entities situated within a particular watershed basin or area for the purpose of
addressing and responding to environmental needs within their respective watershed basins and in
the region by cooperative efforts.
1.6 Whereas, the District has reviewed the grant application submitted by Recipient and
has determined that the application meets the requirements of the RWQC's regional funding
principles and the District's policy and procedures for awarding noncompetitive grants; and
1.7 Whereas, the Watershed Forum of which the Recipient is a member has reviewed the
grant application submitted by Recipient and has determined that the application meets the RWQC's
regional funding principles.
1.8 Whereas, the District and Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions relating to the District's award of a noncompetitive
grant to Recipient.
SECTION 2. AGREEMENT
2.1 The District agrees to award Recipient a grant in the total amount of Twenty-three
thousand seven-hundred ninety-one Dollars ($23,791.00) ($2,351.41 from 1994-1997 Assessments,
$21,439.59 from 1998 Assessments). Grant funds shall be used by Recipient solely for the
performance of the work described in Exhibit A which is attached hereto and incorporated herein
by this reference. The District shall pay the grant funds to Recipient in accordance with the
following paragraphs.
2.1.1 Any grant from 1994 through 1998 Assessments shall be paid by District to
Recipient within five (5) business days after District's receipt of a fully executed Agreement.
2.2 Recipient represents and warrants that it will only use the grant funds for the work
described in Exhibit A. Recipient shall be required to refund to the District that portion of any
grant funds which are used for unauthorized work.
2.3 Recipient acknowledges and agrees that the grant funds may only be expended on
work which shall be entirely within the District's jurisdictional boundaries, as those boundaries
existed at the time the assessments were imposed by King County and collected by the District.
Recipient shall be required to refund to the District that portion of any grant funds which are used
for work performed outside the District's jurisdictional boundaries.
2.4 In the event the scope of work authorized by this Agreement includes the use of grant
funds to purchase houses located on real property within a flood hazard area, Recipient
acknowledges and agrees that grant funds may only be used for such purposes if the houses to be
purchased were constructed before floodplain mapping or sensitive areas regulations were in place
for that area. Recipient shall be required to refund to the District that portion of any grant funds
which are used for unauthorized purposes.
2.5 Recipient shall be required to provide the District with biennial financial and project
progress reports, along with an annual summary report. Project reports shall be due May 31 and
November 30 each year. The Recipient shall also be required to submit to the District a final report
which documents the Recipient's completion of the work in conformance with this Agreement
within thirty (30) days after the completion of the work. The final report shall, among other things,
summarize the project's successes and shall address the regional benefits accomplished by the work.
The final report shall also identify any obstacles or challenges which were encountered during the
work, along with general recommendations regarding ways to avoid such obstacles or challenges in
the future. If requested, Recipient agrees to provide the District with additional financial or progress
reports from time to time, at reasonable intervals.
2.6 Recipient shall be required to submit to the District a summary of project expenses
using the Budget Accounting and Reporting System for the State of Washington ("BARS") within
thirty (30) days after completion of the work.
2.7 Recipient's expenditures of grant funds shall be separately identified in the
Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests
made by the District with respect to the manner in which project expenditures are tracked and
accounted for in Recipient's accounting books and records. Recipient shall maintain such records of
expenditures as may be necessary to conform to generally accepted accounting principals and to
meet the requirements of all applicable state and federal laws.
2.8 The District or its representative shall have the right from time to time, at reasonable
intervals, to audit the Recipient's books and records in order to verify compliance with the terms of
this Agreement. Recipient shall cooperate with the District in any such audit.
2.9 Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established in the Revised Code of Washington and the
Washington State Archivist.
2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents,
contractors or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and federal laws and
regulations. Recipient shall implement an appropriate monitoring system or program to ensure
compliance with this provision.
2.11 Recipient agrees that in the event a court of competent jurisdiction finds that the
imposition or collection of the special assessments authorized by King County Ordinance No. 12959
is unlawful and orders the repayment of such assessments, Recipient agrees to reimburse the District
for the full amount of the grant award, including any interest which may be awarded by the court.
2.12 Recipient agrees to indemnify, defend and hold harmless the District, its agents,
officers, officials and employees from all claims, alleged liability, damages, losses to or death of
person or damage to property allegedly resulting from the acts of the Recipient or any of its
employees, agents, contractors or subcontractors in connection with this Agreement.
2.13 Recipient agrees to acknowledge the District as a source of funding for this project
on all literature, signage or press releases related to said project.
SECTION 3. GENERAL PROVISIONS
3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns.
3.2 This Agreement constitutes the entire agreement between the parties with respect to
the subject matter hereof. No prior or contemporaneous representation, inducement, promise'or
agreement between or among the parties which relate to the subject matter hereof which are not
embodied in this Agreement shall be of any force or effect.
3.3 · No amendment to this Agreement shall be binding on any of the parties to this
Agreement unless such amendment is in writing and is executed by the parties.
3.4 Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party warrants
and represents that he/she has been fully authorized to execute this Agreement on behalf of such
party and that such party is bound by the signature of such representative.
3.5 Expenditure of grant funds shall be subject to appropriation by the Metropolitan King
County Council.
DISTRICT:
RECIPIENT:
By By
Name Name
Title Title
Date Date
Approved as to Form:
DISTRICT LEGAL COUNSEL:
Approved as to Form:
RECIPIENT'S ATTORNEY:
By
Name
Date
By
Name
Date
Exhibit A
King Conservation District
Watershed and MuniCipal Non-Competitive Grant Application
Project Name: Hylebos Creek Public Outreach and Monitoring Program
Applicant: City of Federal Way
Principle Partners (if any)'.. Friends of the Hylebos
Total Project Cost: $108,548.00
Project Start Date: 1/15/2000
Project End Date: 12/31/2000
Contact: Darla XVise
Title: Water Quality Program Coordinator
Address: City of Federal Way
33530 1st Way South
Federal Way, Wa. 98003
Phone: 253 6614074
Fax: 253 661-4048
E-Mail: Darla. Wise~,ci.federal-wa¥.wa.us
1. Project Description (200 words or less):
Part 1 - Provide suppqrt funding for the cooperative effort of the Friends of the Hylebos and Hylebos
Watershed .Action Committee in the development of a Hylebos Stream Team. The primary focus of the
Stream Team would include public outreach and education, community involvement and implementation of
a Hylebos Creek volunteer monitoring program. Public outreach, educati6n and involvement will be
achieved through development and distribution of educational materials to businesses and residents within
the community, watershed tours, and community group slide shows, and production of a water quality
newsletter. Volunteers fi.om the community will be trained and utilized for projects on Hylebos Creek
including.stream restoration and re-vegetation, water quality inonitoring, and frsh spawning inventory'.
Part 2 - Establish a water quality and quantity monitoring program within the City of Federal Way to
include~ sub-basins of the South.Puget 8ound Basin. This would include West Hylebos Creek, Joe's Creek
and Lakota Creek. The program would involve continuous automated monitoring of water quality and
quantity parameters to include; pH, temperature, specific conductivity, dis§olved oxygen, water level,
velocity, flow rate, and precipitation. Data will be logged continuously on a data logger and periodically
downloaded for review and summary. The information will be used to monitor and evaluate water quality
and habitat conditions within the mb-basin watersheds. Information collected will be added to the City of
Federal Way web page.
2. Project Objectives (indicate how project meets one or more criteria in RCW
89:08 and District's Strategic Plan Initiatives):
· Educate residents and businesses within the community with respect to ecological conditions and
salmon recovery efforts through educational materials, community group presentations, and watershed
tours.
· Approximately 55 volunteers will learn about stream ecology through hands-on stream restoration and
monitoring efforts.
· Stream Habitat will be restored along 250' of Hylebos Creek through a re-vegetation volunteer project
4. Budget Expenses
Salaries and Benefit $50,674.00
Travel/Meals/Mileage $600.00
Equipment/Supplies/Materials $44,638.00
Overhead $12,635.00
Total Expenses $108,548.00
Tuesday, January 26, 2000
King Conservation District
Addendum to Watershed and Municipal Non-Competitive Grant Application
Project Name: Hylebos Creek Public Outreach and Monitoring Program
Applicant: City of Federal Way
Principle Partners (if any): Friends of the Hylebos
Hylebos Stream Team Program: $56,024.00
Hylebos Water Quality Monitoring Equipment: $35,650.00
Total Project Cost (Stream Team + Water Quality Monitoring): $91,674.00
King Conservation District Contribution to Total Project Cost: $36;0.70- .,~
Project Start Date: 1/15/2000
Project End Date: 12/31/2000
Contact: Darla Wise
Title: Water Quality Program Coordinator
Address: City of Federal Way
33530 1st Way South
Federal Way, WA. 98003
Phone: 253 661-4074
Fax: 253 661-4048
E-Mail: Darla. Wise(q~_ ~ci. federal-way.wa.us
Change in Project Scope:
The original Hylebos Stream Team project proposal included a Business Partners Program component that was
to be funded by PIE grant funds. While the Hylebos Stream Team proposal was a £mal PIE Grant fund
contender, the program was not awarded PIE Grant funding. In response to the reduced project budget, the
Business Partners Program has been eliminated from the Hylebos Stream Team Program.
Additional Information Requested by the King Conservation District:
In response to your request for additional information as to how the King Conservation District non-competitive
grant funds would be spent, the following is a detailed outline of the Hylebos Stream Team and Monitoring
Program elements that the parcel assessment funds would be applied to.
Cash Match Requirement
The King County Waterworks Grant award for the formation of a Hylebos Stream Team and Monitoring
Program requires a 10% cash match of $4,070 dollars. A portion of the King Conservation District non-
competitive grant funds awarded to the City of Federal Way would be allocated to meeting the Waterworks
Grant cash match requirement.
Water Quality/Quantity Monitoring Equipment
The remaining balance of the King Conservation District non-competitive grant, $21,000, would go towards the
purchase of continuous flow and water quality monitoring equipment as part of the Hylebos Monitoring
Program. The equipment would be installed at various locations throughout the Hylebos watershed. The
description of the monitoring equipment and estimated costs are as follows:
Water Quality/Quantity Monitoring Equipment Budget
Item it Quantity Part Number Item Description
Item Cost
1 5 68-4250-006
Isco Model 4250 with low profile Area Velocity
sensor with 10 ft level measurement
range and 25 ft. cable, 2 rolls of
printer paper, 2 printer ribbons,
instruction manual, and pocket guide. $4095.00
2 5
60~ 1394-023 Connect cable for external 12 VDC
65.00
Total Cost
$20,475.00
325.00
3 5
4 5
5 5
68-3000-057
60-0604-001
Scissors rings for 60" pipe for low profile
area velocity sensor 750.00
3,750.00
600 to 4200 adapter cable
80.00
400.00
Manual, EcoWatch for windows, calibration/
transport cup, and 1 lb. SS nose weight.'
Includes conductivity/temperature, Dissolved Oxygen, and pH
probes with integral 25 ft. cable.
$2,140.00 $10,700.00
TOTAL COST $35,650.00
Water QualiW, Monitoring Equipment Funding
King Conservation District Non-Competitive Grant
Federal Wa3,
Total
,.., ,,.,.,.,.,,., .¢' / ¢, F.,~/.
$ 14,650 ~/5', ¢d2 '"' ~,z.
$ 35,650 ~
Hylebos Stream Team Budget
Expenses
Salary
Federal Way Staff
Benefits
Supplies and Equipment
Plants
Purchased Services
Travel
Indirect Costs
$21,600
$11,174
$ 1,500
$13,300
$ 3,000
$ 4,250
$ 600
$ 600
Total $56,024
Income
King County Waterworks Grant
King Conservation District Grant (Federal Way Matching Fund)
Federal Way In-Kind Staff
Weyerhaeuser Plants
Total $58,944
$40,700
$ 4,O70
$11,174
$ 3,0qO
Balance $ 2,920
If you hav~ comments, questions or require additional information I can be reached at (253) 661-4074.
Sincerely
Dada D. Wise
Surface Water Quality Program Coordinator
City of Federal Way
There are no packet materials for Business Items #C,
Replacement of Planning Commission Vacancy, and #D, Sign
Code/Sign Citation Update.
MEMORANDUM
DATE:
TO:
FROM:
VIA:
RE:
March 27, 2000
Land Use/Transportation Committee (LUTC)
Phil Watkins, ~
Lori Michaels~a~ICP, Senior Planner
David Moseley, City Manager
Status Report on Lovegren Property
In December of 1998, the Federal Way City Council adopted various amendments to the Federal
Way Comprehensive Plan (FWCP) and zoning mapk Included in the amendments was a
conditional rezone of an undeveloped .64-acre parcel known as the Lovegren Property. The
property is located at Pacific Highway South and 376* Street South, in the vicinity of the Spring
Valley area, adjacent to Gethsemane Cemetery (Exhibits A andB). At that time, the City
Council approved a comprehensive plan and zoning reclassification from Low Density Residential
and Suburban Estates (SE)2, respectively, to Neighborhood (BN); subject to an approved
development agreement to restrict the permitted uses in the BN zone, and to tailor development
standards to allow only those uses which would be compatible with and not adversely affect the
adjacent Hylebos Creek drainage system.
The purpose of this report is to advise the City Council of subsequent events which effectively
negate the 1998 amendments as contemplated.
In response to the 1998 amendments, city staff drafted a development agreement for Council
review. However, the draft agreement was held due to a pending sale of the Lovegren Property
to the adjacent property owner, Gethsemane Cemetery. This sale was recently completed, and the
cemetery manager has requested confirmation that the Suburban Estates (SE) comprehensive plan
and zoning classifications for the Lovegren Property remain in effect (Exhibit C). Since SE
zoning is consistent with the existing cemetery and future expansion3, no rezone of the Lovegren
Property is necessary or desired by the new owner.
Ordinance No. 98-330.
SE zoning allows 1 dwelling unit per 5 acres.
Cemeteries are a permitted use in the SE zoning district, subject to all applicable codes, policies, and regulations.
From a land use and zoning perspective, development of the Lovegren property for cemetery use
is more compatible than commercial use with the site and surrounding area. As previously
recognized by Council and as a basis for a development agreement, the site contains topographic
and environmental constraints to commercial development, such as relatively small size, limited
street frontage, an on site wetland, and the adjacent Hylebos stream system. Conversely,
cemetery use is a permitted use in the SE zone and is compatible with surrounding low- and
medium-density residential uses and zoning in this area of the city.
Therefore, unless the City Council directs otherwise, the existing Comprehensive Plan and Zoning
designations of the subject property, Suburban Estates (SE), remain unchanged and in effect at
this time.
Attached Exhibits
A Vicinity Map
B Enlarged View Area Map
C Letter fi-om Faye McClain, Gethsemane Cemetery, dated February 22, 2000
~RE
VICINITY ,MAP
L~.,fm N
LU
S; 348th:ST.,,,,?
ENLARGED VIEW
~21049110
I,\~()(~.I,\TI:A) (;:\TI i()IA(~
HOI.YRO()D CI2MICFERY
CAL~MtY CEMETERY
GETt ISEMANE CEMETERY
PATRICK (~I~ME'FEIIY
February 22, 2000
Federal Way City Council
City of Federal Way
33530 1~t Way South
Federal Way, WA 98003-6210
To the Federal Way City Council:
Mr. William Lovegren was in the process of preparing a piece of his property for sale.
This property was temporarily zoned NB contingent upon Mr. Lovegren presenting some
development plans to the Federal Way City Council.
The purpose of this letter is to inform you that during the first week of February 2000,
Gethsemane Cemetery purchased this property from William Lovegren. It is on the
southern border of Gethsemane Cemetery. As a result of this purchase I understand that
the property will remain zoned Suburban Estates, which is the same zone designation for
Gethsemane Cemetery.
The cemetery property that is next to the newly purchased property is being used for
cremation burials. This new addition to Gethsemane Cemetery will enable the cemetery
to extend the cremation section in the future.
If you have any questions, I can be reached at Gethsemane Cemetery, 253-838-2240.
Sincerely,
Fay~McClain
Gethsemane Cemetery
Cemetery Manager
I()lhll()()l) ( :I~\ll;TI-;I
205 NE 205th Street
Shoreline, WA 98155
Tel: (206) 363-8404
Fax: (206) 365-6580
(; \l .\ '. \1 I'/ ( ;1 :..\ 11 :.TI :.11'~
5041 35th Avenue N.E.
Seattle, WA 98105
Tel: (206) 522-0996
Fax: (206) 525-9628
EXHIBIT
PAG
(;1~'1'11.%ILXI.XNI-'_ (;ILMI('I'I(ICV
37600 Pacific Hwy. South
Federal Way, WA 98003
Tel: (253) 838-2240 Seattle
Tel: (253) 927-3350 Tacoma
Fax: (253) 874-5910
.</1. I'.\l'lll( K (I;NIt!II(I{h
S. 204 and Orillia Road
Kent, WA 98032
Administered by
Gethsemane Cemetery
Tel: (253) 838-2240 Seattle
IASSOCIATED CATHOLIC CEMETERIES
Archdio(:cse of Scattlt,
ItOLYROOD CEMETERY
CALVARY CEMETERY
GETItSEMANE CEMETERY
ST. IL~TRICK CEMETERY
February 22, 2000
Federal Way City Council
City of Federal Way
33530 1't Way South
Federal Way, WA 98003-6210
To the Federal Way City Council:
Mr. William Lovegren was in the process of preparing a piece of his property for sale.
This property was temporarily zoned NB contingent upon Mr. Lovegren presenting some
development plans to the Federal Way City Council.
The purpose of this letter is to inform you that during the first week of February 2000,
Gethsemane Cemetery purchased this property from William Lovegren. It is on the
southern border of Gethsemane Cemetery. As a result of this purchase I understand that
the property will remain zoned Suburban Estates, which is the same zone designation for
Gethsemane Cemetery.
The cemetery property that is next to the newly purchased property is being used for
cremation burials. This new addition to Gethsemane Cemetery will enable the cemetery
to extend the cremation section in the future.
ffyou have any questions, I can be reached at Gethsemane Cemetery, 253-838-2240.
Sincerely,
Fay~McClain
Gethsemane Cemetery
Cemetery Manager
I I()[.YR()OI)
205 NE 205th Street
Shoreline, WA 98155
Tel: (206) 363-8404
Fax: (206) 365-6580
CAI.VAllY CF~MF~TF~I {Y
5041 35th Avenue N.E.
Seattle, WA 98105
Tel: (206) 522-0996
Fax: (206) 525-9628
EXHIBIT
PAGELOF
GETI ISEMANE CEMETFAIY
37600 Pacific Hwy. South
Federal Way, WA 98003
Tel: (253) 838-2240 Seattle
Tel: (253) 927-3350 Tacoma
Fax: (253) 874-5910
%'1: I¥\TI/ICK CF. MI'YI'I:~IIY
S. 204 and Orillia Road
Kent, WA 98032
Administered by
Gethsemane Cemetery
Tel: (253) 838-2240 Seattle
DATE:
TO:
FROM:
VZA:
SUB3ECT:
March 23, 2000
Phil Watkins, Chair
Land Use and Transportation Committee
Ken Miller, Deputy Public Works Director
David H. Mos~t~anager
11T" Place South Storm Drainage Pipe Repair Project - 100% Design Approval
and Authorization to Bid
Background:
A routine maintenance cleaning of the existing 48" diameter corrugated metal pipe under 11th Place South
(between South 320th and South 323rd Place) identified potential damage to the pipe. The inside of the pipe
was video-inspected which revealed that the 48" diameter pipe needs to be removed and replaced
immediately. The pipe has collapsed in two areas, and all the pipe joints are disconnected and/or separated.
SWM staff has completed the 100% project design and specifications and will be providing construction
administration. The project design consists of replacing 240 lineal feet of 48" diameter pipe and restoring the
street surface. We are requesting 100% design approval and authorization to bid. Construction is estimated to
cost $70,000 including a 10% contingency. The project will be funded by the surface water minor capital
improvement fund.
Since the project estimate is less than $100,000, this project will be bid using the Small Works Roster of
contractors maintained by the City. This roster is routinely utilized for smaller construction projects and the
City has prior experience with many of the contractors listed.
Staff will bring the lowest responsive bid back to Committee and Council for authorization to award. Staff will
be present at the April 3, 2000 LUTC meeting to present the project and to answer questions.
Recommendation:
Staff requests that the Committee place the following project recommendations on the April 18, 2000 City
Council Consent Agenda:
1. Approve 100% design for the 11th Place South Storm Drainage Pipe Repair Project;
2. Authorize staff to bid the 11th Place South Storm Drainage Pipe Repair Project.
KM\RSR:jg
k:¥utc\2000\11 pi s storm drain pipe repair project.doc
cn'Y OF~
DATE: March 28, 2000
TO:
FROM:
RE:
Land Use and Transportation Committee
Richard A. Perez, Traffic Engineer /~
Sarady Long, Traffic Analyst
David H. Mo~~anager
2000 Commute Trip Reduction (CTR) Act Professional Services Agreement with King
County Metro
Background
Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and
incorporated into the Washington Clean Air Act as RCW 70.94.527. Its intent is to improve air quality and
reduce fuel consumption and traffic congestion through employer-based programs by encouraging the use
of alternatives to single occupant vehicle (SOV) for the commute trip.
The law requires that all major employers, both public and private, who employ one hundred (100) or more
full-time employees who are scheduled to arrive at a single work site between 6:00 a.m. to 9:00 a.m. to
develop and implement a Commute Trip Reduction Plan. The following goals have been established to
reduce the vehicle miles traveled (VIVlT) per employee trips, and SOV's:
20% reduction by 1997
25% reduction by 1999
35% reduction by 2005
Currently, there are 15 employers within the City of Federal Way that are affected by the CTR Law. The
employers that are currently affected are as follows:
4.
5.
6.
7.
8.
9.
10.
11.
Berger/ABAM Engineers, Inc.
Capital One
City of Federal Way
Orion Industries
Financial Pacific*
Reliance Surety Company
Saint Francis Hospital
United States Government Postal Services
USAA Insurance
World Vision
Weyerhaeuser Company (5 sites)
~ New/y affected wot/cs/re
In addition, the City anticipates adding two more Weyerhaeuser Company sites by the middle of this year.
These new sites will be reported to the Washington State Department of Transportation (WSDOT) as an
affected worksite on March 31, 2000.
Memorandum
SUBJECT: 2000 CTR Professional Services Agreement with King County Metro
March 28, 2000
Page 2
In March 1999, all affected work sites in Federal Way were required to conduct a CTR measurement survey.
The results of the survey from 1993 to 1999 are shown in Table I (City of Federal Way - Survey Results by
Site). As shown in Table I, attached, the CFR program for the City of Federal Way continues to show
measurable, positive impacts in redudng traffic congestion and air pollution. The overall City average drive-
alone rate decreased from 85 percent in 1993 to 72 percent in 1999.
Professional Services Aareement
In order to comply with the state CFR Law and ensure consistency and fairness in its administration, the City
entered into a professional services agreement with King County Metro. Staff believes this is a cost-effective
relationship, as most cities have a full-time CTR coordinator. The purpose of the professional services
agreement is to delegate implementation of the Commute Trip Reduction Act to King County Metro. The
delegated tasks include the following work activities. Please see the attached Exhibit A for a more detailed
break down of work activities.
D.
E.
F.
G.
H.
K.
L.
Notification of New Sites
Baseline and Goal Measurement Survey
Program Review for 3 New Sites
Exemptions & Modifications
Records Maintenance
Program Development for New Sites
New Employee Transportation Coordinator (ETC) Consultation/Briefing
Program Implementation Assistance
Training
Provide Two Employee Awareness Campaigns per Year
Coordinate Diamond Award and Pacesetter Nominations to Commuter Challenge
Provide $50 per Site in Promotional Incentives
Over the last four years, the professional services contract with Metro has been fully funded by the state CTR
grant. The state CTR allocation and the professional services contract with King County Metro from 1997
to 2000 are shown in Table II, below.
Table TX. - CTR Allocation and Contract with King County
Number of State CTR Grant Professional Services
Year Affected Sites Allocation with King County Metro
1/1/97 - 12/31/97 12 $25,574.00 $23,324.00
1/1/98 - 12/31/98 12 $26,193.00 $23,660.00
1/1/99 - 12/31/99 12 $24,339.00 $23,866.00
1/1/00 - 12/31/00 14 $23,328.00 $26,948.00
Please note: The 2000 contract amount ~ Metro of .f;26,gq8 wiI1 not change even with addit]'onal affected work. g'tes.
Based on 14 currently affected worksites, the City would receive a total allocation of $23,328 for the years
2000 and an estimated $26,400 in 2001 for 17 affected worksites. This allocation is approximately 24
percent less than the previous biennium on a per site basis due to increases in affected worksites statewide
with no additional state funding. The state CTR allocation for the year 2000 would not be sufficient to fully
fund the professional services contract with Metro, which is estimated to be $26,948.
The counties of King, Pierce and Snohomish, submitted a joint application for the CFR/Congestion Mitigation
Memorandum
SUB3ECT: 2000 CTR Professional Services Agreement wit~ King County Pletro
March 28, 2000
Page 3
Air Quality (CMAQ) grant, in part to offset the funding shortfall. The application has been approved by the
Puget Sound Regional Planning Council's Executive Board (PSRC) and forwarded to WSDOT for approval and
allocation. Based on a per site basis, the City would receive an estimated 3-year grant allocation total of
$14,783; approximately $3,620 would be used to offset the funding shortfall for 2000. The remaining
amount would be carried forward in reserve for future additional sites. The grant money is expected to be
available this year.
In the event that the CTR/CMAQ grant is not awarded, staff would propose to reduce the work activities in
Exhibit A for the remaining three quarters of the 2000 contract. This would entail eliminating awareness
campaigns and any promotional incentives and material support from King County Metro. In addition, staff
would have to take on additional responsibilities such as coordinating the Diamond Award and Pacesetter
nominations to Commuter Challenge. The 2000 contract language defines the scope to address either result.
Status of City Of Federal Way Employees CTR Program
City Hall is a CTR affected worksite. The current drive alone rate for employees of the City Hall is 86
percent, which is a five percent (5%) reduction from the last survey in 1997. Although, this is a significant
reduction, the City still falls short of its 1999 goal of 68 percent.
The City currently provides a $15.00 incentive and a Home Free Guarantee (HFG) program to all full-time
City employees using alternative modes of transportation for at least 50% of their commuting. The program
has been very effective in reducing SOV's. Currently, there are six (6) employees at City Hall benefitting
from the program and expecting to increase to ten (10) employees by the end of the year.
Historically, the City Hall employee's CTR incentive program was funded via the City's CFR"reserve" funds
(state allocated CTR funds that remain alter the Metro contract) and a matching grant from Metro. These
funds are allocated to all affected worksites based on the number of affected employees. Based on 125
employees in City Hall, the City received an allocation of approximately $1,100 per year from 1996 to 1998.
Funding for this program has been depleted, and will not be available for the year 2000. This program will
be funded on an interim basis via the City's Traffic Division operating budget. The total cost for the year
2000 is estimated to be approximately $1,500. Staff will be proposing a program improvement in the 2001-
2002 budget as a permanent budget item.
Recommendation:
Place the following on the April 18, 2000 Council Consent Agenda:
Authorize City Manager to execute the 2000 Commute Trip Reduction (CTR) Act Professional
Services Agreement with King County Metro
SL:kc
K:\TRAFFZC\ctr~2OOOPA.wpd
T ~.E I
City of Federal Way
Survey Results by Site
1993 '1995 1997
....
Survey SOV Met % Survey SOV Met % ~urvey SOV
SOV GOAL Goal From SOV GOAL Goal From SOV GOAL· :- (Credit) From
Site resulis (Credit) Goal Results (Credit) Goal Results '
(not met (not met 2nd meagurement
goal) goal) = 20% reduction
City of Federal 91 72 N 26% 87 72 N 21% 88 68 ' N 29%
Way
Orion Industries 38 7;) Y --- 26 72 Y --- 19 68 Y
(Y) (Y) (Y)
Reliance Ins. Co. 87 72 N 2i % 85 72 N 18% 92 6~ N 3§%
St. Francis 87 72 ~ 2~ % 88 72 N 22% 62 ~8 Iq 21%
89 72 N 24% 80 72 N 11% 91 .68 N 34%
US Govt- Post
USAA Prop. & 88 72 N 22% 69 72 Y --- 72 68. N'".
Cas. (N)
Weyerh- Camp Ctr 91 72 N 26% 83 72 N 15% 70 68 N 3%
Weyerh- Corp HQ 91 72 N 26% 84 72 N 17% 76 68 · -... :~: N 12%
Weyerh- Pk Ctr II 93 72 N 29% 86 72 N 19% 72 68 ' N 6%
Weyerh- W Camp 90 72 N 25% 82 72 N 14% 75 68 N 10%
80 72 N 11%
Averages: 85 240/0 77 74 ·
Totals: 1(1) 2(1) 2(1)
..............................
Total Sites: 12 Total Sites: 12 Total Sites:12
8/99 - pjc
COMMUTE TRIP REDUCTION ACT IMPLEMENTATION AGREEMENT
An Agreement between King County, through its Department of Transportation,
(hereinafter called" King County") and the City of Federal Way ("City"), hereinafter
jointly referred to as the "Parties," for the purpose of implementing the Washington
State Commute Trip Reduction Act of 1991.
WHEREAS, the Washington State Legislature enacted the Commute Trip Reduction Act
(Chapter 202, Laws of 1991, codified as RCW 70.94.521-551) to require local governments in
those counties experiencing the greatest automobile-related air pollution and traffic congestion to
develop and implement plans to reduce vehicle miles traveled per employee and single occupant
vehicle commute trips; and
WHEREAS, the City has within its boundaries one or more "major employers" and is
required by RCW 70.94.527 to develop and implement a commute trip reduction plan; and
WHEREAS, the Parties hereto are authorized to enter into this Agreement pursuant to
RCW 70.94.527 (6); and
WHEREAS, the King County Code 28.94.110 authorizes the execution and administration
of Agreements with state and local agencies for assistance in implementing the Commute Trip
Reduction Act; and
WHEREAS, the local jurisdiction commute trip reduction plans are required to be
coordinated and consistent with plans of adjacent jurisdictions and applicable regional plans; and
WHEREAS, the City and King County desire to implement the Commute Trip Reduction
Act consistent with the guidelines established by the state Commute Trip Reduction Task Force and
with King County and other cities within the county; and
WHEREAS, the City can achieve cost efficiencies and administrative consistency by
contracting with King County for CTR implementation;
NOW THEREFORE, in consideration of the mutual promises and covenants herein, it is
hereby agreed:
SECTION 1.0 PURPOSE.
The purpose of this Agreement is to assign certain tasks to be undertaken by King County on behalf
of the City to implement the CTR Act.
Federal Way Commute Trip Reduction Implementation Agreement
Page 2
Federal Way
SECTION 2.0 DEFINITIONS.
The following definitions shall apply for purposes of this Agreement:
"Administrative Representative" means the primary administrative contact for issues related to
this Agreement as designated in Section 3.5 of the Agreement.
"Affected Employer" means an employer required by RCW 70.94.521 and the City's CTR Plan to
implement a CTR program (see also "major employer").
"Commute Trip Reduction Plan (CTR Plan)" means a plan adopted by the City designed to
reduce the proportion of single occupant vehicle commute trips and vehicle miles traveled per
employee, as described in RCW 70.94.527.
"Commute Trip Reduction Program (CTR Program)" means a program designed by an
affected employer to reduce the proportion of single occupant vehicle commute trips and the
commute trip vehicle miles traveled by employees at a worksite, as described in RCW 70.94.531.
"CTR Funds" means state funds authorized by RCW 70.94.544 and Section 301 of the Natural
Resources biennial budget to help counties and cities implement commute trip reduction plans.
"Major Employer" means a private or public employer that employs one hundred or more full-
time employees at a single worksite who are scheduled to begin their regular workday between 6:00
a.m. and 9:00 a.m. on weekdays for at least twelve continuous months during the year, as provided
in RCW 70.94.524 (herein also known as an "affected employer").
"State" is the Washington State Department of Transportation (WSDOT) unless otherwise noted.
SECTION 3.0 SCOPE OF WORK.
3.1
Scope of Work: The scope of work to be completed by King County and the City in
accordance with this Agreement is described in "Exhibit A: Scope of Work'_', which by
reference is made a part of this Agreement. Funds provided by the City to King County
under this Agreement shall be used solely for activities undertaken to fulfill the provisions
of the scope of work as provided in Exhibit A. Specific task assignments among contract-
funded staffwill be approved by the City. The Scope attached as Exhibit A assumes that
the City will be awarded a CTR/Congestion Mitigation Air Quali _ty (CMAQ) grant to
partially fund the work of this Agreement. In the event such grant is not awarded by March
15, 2000, the City may opt to reduce the work for the remaining three calendar quarters to
the tasks described in "Exhibit B: Reduced Scope of Work", which by reference is made a
part hereof. The City shall provide the County with 30 days notice in advance of the date it
intends for the Reduced Scope of Work to take effect.
Federal Way Commute Trip Reduction Implementation Agreement
Page 3
Federal Way
3.2
Regional Cooperation: Some tasks in the Scope of Work are subarea or county-wide and
assume that the City will participate with other contracting cities and try to the extent
possible to develop policies and products consistent throughout the county to take
advantage of economies of scale and cost efficiencies.
3.3
Schedule: The schedule for tasks is indicated in Exhibit A: Scope of Work. A quarterly
review of progress to date and anticipated activities will be held with City representatives.
On-going review of issues and materials will be conducted with City representatives.
3.4
Project Organization: The contract-funded position will conduct contractual activities for
the jurisdiction. The position will work in a single division which includes other contract
staff and report to the CTR Services Supervisor.
3.5
Administrative Representatives: King County and the City shall each designate an
administrative representative for matters pertaining to this Agreement.
King County shall be represented by the Manager of Sales and Customer Service or his
designee. The City shall be represented by the Director of Public Works or his/her
designee.
3.6
State Requirements: At the request of the City, King County shall provide information to
the State for monitoring or evaluation activities as outlined in the Interlocal Agreement.
SECTION 4.0 DISBURSEMENT OF FUNDS.
4.1
Budget: The budget for work to be performed through December 31, 4x999-2000 is
specified in Exhibit igC.
4.2
Equipment: Equipment to be purchased under this Agreement shall be used exclusively
for the purpose of CTR administration for the City and other jurisdictions in King County.
King County shall own all such equipment and maintain it at no additional cost to the City.
4.3
Payment Process: King County shall submit the City's invoice and a quarterly progress
report to the City per the following schedule. The City shall make payment to King County
within 30 days of receipt of the invoice.
Payment Fixed Labor
Payment
Invoice Submitted
No Earlier Than
1st payment $ 5,8~.2.756,595.25
2nd payment $ ~6,595.25
3rd payment $ 5,84X7-56,595.25
final payment $ 5,8~.2.756,595.25
Total $ 22,371.0026,381.00
March 31, 49992000
June 30, 4-9992000
September 30, 4-9992000
December 31, 4-9992000
Federal Way Commute Trip Reduction Implementation Agreement
Page 4
Federal Way
In the event the Ci_ty notifies the Coun _ty that it is opting for the Reduced Scope of Work, the
schedule of payments shall be as follows:
Payment Fixed Payment
Invoice Submitted no Earlier Than:
lSt payment $ 6,595.25
2"d payment $ 5,201.25
3rd payment $ 5,201.25
final payment $ 5,201.25
Total $ 22,199.00
March 31, 2000
June 30, 2000
September 30, 2000
December 31, 2000
4.4 Payment Amounts: Each payment shall consist of the fixed amount specified above in
Section 4.3, plus reimbursement of workshop expenses estimated to be $495.00567.00. The City
shall pay a percentage share of the workshop expenses based on the percentage of the total
registrants for the workshop representing worksites in the City.
The workshop expenses to be shared by the City shall consist of a fixed labor element plus
actual nonlabor expenditures. The fixed labor element shall be as follows:
- ETC Orientation
$ 238.00 fixed labor charge per workshop
- Program Implementation
$ 238.00 fixed labor charge per workshop
- Survey Briefing
$153.00 fixed labor charge per workshop
- Additional Workshops
$ 34.00 fixed labor charge per hour for King
County Metro County trainers
SECTION 5.0 AUDITING OF RECORDS, DOCUMENTS, AND REPORTS.
The State Auditor and any of its representatives shall have full access to and the right to examine
during normal business hours after reasonable notice and as often as the state Auditor may deem
necessary, all the records of the City and King County with respect to all matters covered in this
Agreement. Each Party to the Agreement shall have similar access and rights with respect to the
records of the other Party. Such representatives shall be permitted to audit, examine, and make
excerpts or transcripts from such records and to make audits of all contracts, invoices, materials,
payrolls, and records of matters covered by this Agreement. Such rights last for three (3) years
from the date final payment is made hereunder.
SECTION 6.0 EQUAL EMPLOYMENT OPPORTUNITY.
King County agrees to abide by all applicable federal and state statutes and regulations prohibiting
employment discrimination.
Federal Way Commute Trip Reduction Implementation Agreement
Page 5
Federal Way
SECTION 8.07.0 WAIVER OF DEFAULT.
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of
breach of any provision of the Agreement shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of the Agreement
unless stated to be such in writing, signed by an authorized representative of the County, and
attached to the original Agreement.
SECTION 9~08.O SEVERABILITY.
Should any clause, phrase, sentence or paragraph of this Agreement be declared invalid or void, the
remaining provisions of this Agreement shall remain in full force and effect if such remainder
continues to conform to the terms and requirements of applicable law and the intent of this
Agreement.
SECTION !0.0 9.0 INDEMNIFICATION AND HOLD HARMLESS.
It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and
gives no right to any other Party. No joint venture or partnership is formed as a result of this
Agreement. Each Party hereto agrees to be responsible and assumes liability for its own negligent
acts or omissions, and those of its officers, agents or employees, while performing work pursuant to
this Agreement, to the fullest extent required by law, and agrees to save, indemnify, defend, and
hold the other Parties harmless from any such liability. In the case of negligence of multiple
Parties, any damages allowed shall be assessed in proportion to the percentage of negligence
attributable to each Party, and each Party shall have the right to seek contribution from the other
Parties in proportion to the percentage of negligence attributable to the other Parties.
Except as otherwise described in the Scope of Work, the City acknowledges it is solely responsible
for its compliance with the CTR Act, and for the adoption, implementation, and enforcement of any
ordinances, plans, and programs related to the CTR Act. The City shall indemnify and hold King
County harmless from, and shall process and defend, at its own expense, any and all claims,
demands, suits at law of equity, actions, penalties, losses, damages, or costs arising out of, in
connection with, or incidental to any act or negligent omission of the City or any of its officers,
employees, subcontractors or agents in adopting or enforcing any ordinances, plans and programs
related to the CTR Act. King County shall indemnify and hold the City harmless from, and shall
process and defend, at its own expense, any and all claims, demands, suits at law or equity, actions,
penalties, losses, damages, or costs arising out of, in connection with, or incidental to any negligent
act or omission of King County or any of its officers, employees, subcontractors or agents in
connection with King County's performance of this Agreement.
Federal Way Commute Trip Reduction Implementation Agreement
Page 6
Federal Way
The Parties hereto acknowledge that the State of Washington is not liable for damage or claims
from damages arising from any act or omission of King County or the City under this Agreement.
SECTION ! !.010.0 AGREEMENT PERIOD.
This Agreement is effective from January 1, 4x1992000. The expiration date for purposes of
performing substantive work as described in Exhibit A (Scope of Work) and for incurring costs is
December 31, -lX)992000, and for final accounting purposes is January 31, 20002001., unless the
Parties agree to an extension. Termination of this Agreement does not relieve any of the Parties
from any obligations incurred through the date of termination as a result of this Agreement.
SECTION !2.011.0 AGREEMENT MODIFICATIONS.
This Agreement may be amended, altered, clarified or extended only by written Agreement of the
designated administrative representative of King County and the City Manager from the City.
SECTION !2.012.0 TERMINATION.
12.112.1 Either Party to this Agreement may termifiate the Agreement, in whole or in part,
upon thirty (30) days' advance written notice of the termination to the other Party. If this
Agreement is so terminated by the City prior to fulfillment of the terms stated herein, King
County shall be reimbursed for all actual direct and related indirect expenses and
noncancellable obligations incurred to date of termination relating to Services performed.
12.212.2 If at any time during the Agreement period the State acts to terminate, reduce,
modify, or withhold CTR Grant Funds allotted to the City pursuant to RCW 79.94.544 then
either Party may terminate this Agreement by giving thirty (30) days' advance written notice
to the other Party.
Dated this day of , t-9992000.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day first
above mentioned.
KING COUNTY:
By
General Manager, Metro Transit
Approved as to form:
By
CITY OF Federal Way
By.
City Attorney City Manager
6
Federal Way Commute Trip Reduction Implementation Agreemem
Page 7
Federal Way
Approved as to form:
By
City Clerk
Exhibit A
City of Federal Way
2000 CTR/CMAQ Contract
Scope of Work
Work Activities - 15 current sites
Schedule
Ao
Notification of new sites
1. Identify contact for potential sites
2. Send notification inquiry
3. Confirm status
4. Secure state code
5. Create timeline and legal file
As needed
Bo
Survey
Goal Measurement sites (0 - mandatory)
Baseline (1 current + new)
1. Alert employer to survey timeline
2. Track survey completion and processing
3. Send survey results to employer
Co
Program review
New sites (2)
Goal measurement sites (0)
Non-goal measurement sites (14)
1. Remind employers of submittal deadlines
2. Monitor program report receipt
3. Review revised programs for sites that did not make
progress and evaluate the potential for progress toward SOV
reduction
4. Review program reports for completeness for new sites and
for sites that made progress toward goal
5. Recommend action to jurisdiction
6. Generate approval letter for City signature
Third/fourth quarter and
ordinance schedule by
site
D°
Exemptions & Modifications
1. Inform new sites about process and criteria
2. Receive requests and copy to city
3. Copy request to state for comment
4. Review and analyze request and provide comments to City
5. Contact employer as needed, generate and send response per
city
As needed
Eo
Records maintenance
1. Maintain database and master file records on all affected
sites
2. On a quarterly basis, provide WSDOT with hard copy of
each employer program report approved within the quarter
3. Provide WSDOT with an electronic copy of the CTR
database of the City's CTR-affected employers, quarterly or
as required by WSDOT
4. Provide quarterly report information for state funds billing
On-going
Exhibit A
Work activities, continued
Fo
Program Development
New Sites
1. Provide written information on basic requirements of the CTR Ordinance,
CTR Zones, and an explanation of how the plan is intended to achieve its
goals
2. Provide materials that explain a range of measures and activities that may
help the employer achieve the CTR goals of the local ordinance
3. Assist with voluntary baseline survey
4. Analyze survey data and make program recommendations
Go
Ho
New ETC Consultation/Briefing
1. Provide written information on basic requirements of the CTR Ordinance,
CTR Zones, and an explanation of how the plan is intended to achieve its
goals
2. Provide materials that explain a range of measures and activities that may
help the employer achieve the CTR goals of the local ordinance
Program Implementation Assistance
Provide assistance in the following categories/tasks:
1. Identify resources and implementation requirements
2. Coordinate/attend network group meetings
3. Assist with transportation fairs/events
4. Communicate with ETCs about transportation issues, including Sound
Transit, Metro Transit, Special events (eg: WTO), Air Quality alerts, WSRO
bulletins
5. Provide promotion/incentive support and coordination (eg: planning, develop
materials, secure grant funds, implement and evaluate)
6. Develop and coordinate grant projects (eg: generate ideas, secure grant
funds, planning, develop materials, implement and evaluate)
Training
1. Provide county-wide basic training to new ETCs
· Basic Training part 1: ETC orientation
· Basic Training part 2: Program Implementation and Promotion
· Survey briefing
2. Provide county-wide continuing education opportunities to ETCs
Jo
Provide two employee awareness campaigns per year
Coordinate Diamond Award and Pacesetter nominations to Commuter Challenge
Provide promotional incentives and awareness materials
Schedule
As needed
As needed
Quarterly
Third/fourth quarter
second - fourth quarter
Exhibit B
Work
A.
Bo
Do
Eo
City of Federal Way
2000 CTR Contract
Scope of Work without CMAQ funding
Activities - 15 current sites
Schedule
Notification of new sites
1. Identify contact for potential sites
2. Send notification inquiry
3. Confirm status
4. Secure state code
5. Create timeline and legal file
As needed
Survey
Goal Measurement sites (0 - mandatory)
Baseline (1 current + new)
1. Alert employer to survey timeline
2. Track survey completion and processing
3. Send survey results to employer
Program review
New sites (2)
Goal measurement sites (0)
Non-goal measurement sites (14)
1. Remind employers of submittal deadlines
2. Monitor program report receipt
3. Review revised programs for sites that did not make
progress and evaluate the potential for progress toward SOV
reduction
4. Review program reports for completeness for new sites and
for sites that made progress toward goal
5. Recommend action to jurisdiction
6. Generate approval letter for City signature
Third/fourth
quarter and
ordinance
schedule by
site
Exemptions & Modifications
1. Inform new sites about process and criteria
2. Receive requests and copy to city
3. Copy request to state for comment
4. Review and analyze request and provide comments to City
5. Contact employer as needed, generate and send response per
city
As needed
Records maintenance
1. Maintain database and master file records on all affected
sites
2. On a quarterly basis, provide WSDOT with hard copy of
each employer program report approved within the quarter
3. Provide WSDOT with an electronic copy of the CTR
database of the City's CTR-affected employers, quarterly or
as required by WSDOT
4. Provide quarterly report information for state funds billing
On-going
Exhibit B
Work activities, continued
Fo
Go
Ho
Program Development
New Sites Provide written information on basic requirements of
the CTR Ordinance, CTR Zones, and an explanation of how the
plan is intended to achieve its goals
1. Provide materials that explain a range of measures and
activities that may help the employer achieve the CTR goals
of the local ordinance
2. Assist with voluntary baseline survey
3. Analyze survey data and make program recommendations
New ETC Consultation/Briefing
1. Provide written information on basic requirements of the
CTR Ordinance, CTR Zones, and an explanation of how the
plan is intended to achieve its goals
2. Provide materials that explain a range of measures and
activities that may help the employer achieve the CTR goals
of the local ordinance
Program Implementation Assistance
Provide assistance in the following categories/tasks:
1. Identify resources'and implementation requirements
2. Coordinate/attend network group meetings
3. Assist with single-site transportation fairs/events
4. Assist with multi-site transportation fairs/events
5. Communicate with ETCs about transportation issues,
including Sound Transit, Metro Transit, Special events (eg:
WTO), Air Quality alerts, WSRO bulletins
6. Provide promotion/incentive support and coordination (eg:
planning, develop materials, secure grant funds, implement
and evaluate)
7. Develop and coordinate grant projects (eg: generate ideas,
secure grant funds, planning, develop materials, implement
and evaluate)
Training - Provide county-wide basic training to new ETCs · Basic Training part 1: ETC orientation
· Basic Training part 2: Program Implementation and
Promotion
· Survey briefing
Schedule
As needed
As needed
Quarterly
Hours per
task or
site:
City of Federal Way
2000 Budget Summary
Estimated Revenue
1999/2000 Estimated Annual CTR Allocation: (14 x $1,666.31 p/yr)
Estimated Annual CMAQ Grant Allocation ($14,783 = 3 yr alloc.)
Total Estimated Revenue
$ 23,328
$ 4,928
$ 28,256
Exhibit C
2000 Contract Period: 1/1/00 to 12/31/00
Number of Sites: 15
ETR FTE per site: 1.78%
Total ETR FTE percent: 27%
Labor:
ETR Labor
Survey Labor (1 Survey sites = 0 offcycle + 1 baseline)
Indirect Labor ~ .25
$ 18,511
$ 90
$ 4,650
$ 23,251
Office Expenses:
Rent, Services, Materials & Supplies (126.84 per siteh)
Survey Materials and Mailing/Courier cost (26.75 per survey site)
CMAQ Grant Funded Programs
Promotions and Incentives (15 sites x $80.00 per site)
$ 1,903
$ 27
$ 1,930
$ 1,200
CONTRACT FIXED FEE
$ 26,381
Estimated Workshop Costs: Persons Costs Total
Basic ETC Training Part 1: ETC Orientation 37 4 $50 $ 200
Basic ETC Training Part 2: PI Workshop 37 4 $50 $ 200
New Site Survey Briefing 47 1 $25 $ 25
Continuing Education Courses 5> 2 $40 $ 80
Producing CTR Program Summary Brochure 6~ 1 $62 $ 62
$ 567
TOTAL WITH EST. WORKSHOP COSTS & CMAQ FUNDED PROMOTIONS
$ 26,948
Graphic services, supplies and miscellaneous operating costs which include rent, temporary clerical, parking,
printing of materials, and postage, etc. ($126.84 per site)
Shipping materials and transportation charges for delivery and pickup of the surveys to/from the site and the UW for
processing. ($26.75/site survey).
Basic Training includes one (1) each quarter, county-wide sessions of both ETC Orientation ($50/ea) and PI workshop
($50/ea); registrants calculated using a 25% rate for training required from ETC turnover and new sites' ETCs.
New Site Survey Briefing includes access to quarterly survey briefing for new sites ($25/ea)
Continuing Education Courses ($40/ea); one class per quarter plus additional new intranet development training;
number of registrants calculated using 15% attendance of sites
Producing Your CTR Program Summary Brochure ($62/ea); number of registrants calculated using 10% attendance of
attendance of sites with a I site minimum.
Quarterly payments calculated based on "Contract Fixed Fee" divided by four
2000 budget-with CMAQ: Fed Way 2000 1/28/00
City of Federal Way
2000 Budget Summary
Estimated Revenue
1999/2000 Estimated Annual CTR Allocation: (14 x $1,666.31 p/yr)
$ 23,328
Exhibit C
2000 Contract Period: 1/1/00 to 12/31/00
Number of Sites: 15
ETR FTE per site: 1.59%
Total ETR FTE percent: 24%
Labor:
ETR Labor
Survey Labor (1 Survey sites = 0 offcycle + 1 baseline)
Indirect Labor ~ .25
$ 16,456
$ 9O
$ 4,136
$ 20,682
Office Expenses:
Rent, Services, Materials & Supplies (100.00 per site)l)
Survey Materials/Mailing without Courier cost (16.75 per survey site)
$ 1,500
$ 17
$ 1,517
CONTRACT FIXED FEE
$ 22,199
Estimated Workshop Costs: Persons Costs Total
Basic ETC Training Part 1: ETC Orientation 3) 4 $50 $ 200
Basic ETC Training Part 2: PI Workshop 3) 4 $50 $ 200
New Site Survey Briefing n) 1 $25 $ 25
Continuing Education Courses 5) 2 $40 $ 80
Producing CTR Program Summary Brochure 6) 1 $62 $ 62
$ 567
TOTAL WITH EST. WORKSHOP COSTS
$ 22,766
Graphic services, supplies and miscellaneous operating costs which include rent, temporary clerical, parking,
printing of materials, and postage, etc. ($100.00 per site)
Shipping materials and transportation charges for delivery and pickup of the surveys to/fi-om the site and the UW for
processing. ($16.75/site survey).
Basic Training includes one (1) each quarter, county-wide sessions of both ETC Orientation ($50/ea) and PI workshop
($50/ea); registrants calculated using a 25% rate for training required fi-om ETC turnover and new sites' ETCs.
New Site Survey Briefing includes access to quarterly survey briefing for new sites ($25/ea)
Continuing Education Courses ($40/ea); one class per quarter plus additional new intranet development training;
number of registrants calculated using 15% attendance of sites
Producing Your CTR Program Summary Brochure ($62/ea); number of registrants calculated using 10% attendance of
attendance of sites with a 1 site minimum.
2000 budget-without CMAQ: Fed Way 2000 1/28/00
CITY OF~
DATE:
TO:
FROM:
VZA:
SUB3ECT:
March 28, 2000
Land Use & Transportation Committee
Perez, Traffic Engineer /~
Richard
David H. Mo~Manager
:L. AG99-81; 1999 Citywide Pavement Marking & Channelization Project- Final
Project Acceptance
2. Authorization to Renew Contract for 2000
Backqround:
The referenced project has been completed and the contractor is now requesting release of the retainage
associated with the project. Prior to release of retainage on a Public Works project, the City Council must accept
the work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements.
The final construction cost for the 1999 Qb/wide Pavement Marking & Channelization project was $29,658.45,
which is below the approved construction contract budget of $36,240.00. All work was completed to the
satisfaction of staff. Therefore, staff is requesting to continue contracting this work.
Recommendation:
Staff recommends that the following be placed on the April 18, 2000 Council Consent Agenda for approval:
Accept the 1999 Qb/wide Pavement Marking & Channelization project in the amount of $29,658.45 as
complete;
2. Authorize release of contract retainage to Strip Rite, Inc.;
3. Authorize the City Manager to execute a new contract for 2000 in the same amount of $36,240.00
RP:kc
k:\lutc\2000\stripe rite completion.doc