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LUTC PKT 03-04-2013MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title /Description A. Approval of Minutes: February 4, 2013 B. Acceptance of WSDOT Quick Response Safety Grants C. NPDES Annual Report and Updated SWMP D. 2013 Asphalt Overlay Program — Bid Award E. 21st Ave SW at SW 336th St Intersection Improvements — Design /Construction Interlocal Agreement with Lakehaven Utility District F. 21st Ave SW at SW 336th St Intersection Improvements — Utility Relocation Agreement with Puget Sound Energy G. 21st Ave SW at SW 336th St Intersection Improvements — Joint Construction Agreement with Century Link H. 21st Ave SW at SW 336th St Intersection Improvements — Reimbursement Letter of Understanding with Comcast 4. OTHER Action Council Presenter Page or Info Date Time LeMaster 2 Action N/A 5 min. Long 5 Action Mar. 19, 2013 5 min. Consent Shilley 18 Action Mar. 19, 2013 5 min. Consent Huynh 59 Action Mar. 19, 2013 5 min. Consent Salloum 65 Action Mar. 19, 2013 5 min. Consent Salloum 78 Action Mar. 19, 2013 5 min. Consent Salloum 102 Action Mar. 19, 2013 5 min. Consent Salloum 125 Action Mar. 19, 2013 5 min. Consent 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, April 1, 2013 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN Committee Members City Staff Bob Ce /ski, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeanne Burbidge, Member Darlene LeMaster, Administrative Assistant II Diana Noble- Gu //iford, Member 253 - 835 -2701 G :ILUTCILUTCAgendas and Summaries 2013103 -04 -13 LUTCAgenda.dac March 4, 2013 5:30 p.m. City of Federal Way City Council Land Use /Transportation Committee City Hall Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title /Description A. Approval of Minutes: February 4, 2013 B. Acceptance of WSDOT Quick Response Safety Grants C. NPDES Annual Report and Updated SWMP D. 2013 Asphalt Overlay Program — Bid Award E. 21st Ave SW at SW 336th St Intersection Improvements — Design /Construction Interlocal Agreement with Lakehaven Utility District F. 21st Ave SW at SW 336th St Intersection Improvements — Utility Relocation Agreement with Puget Sound Energy G. 21st Ave SW at SW 336th St Intersection Improvements — Joint Construction Agreement with Century Link H. 21st Ave SW at SW 336th St Intersection Improvements — Reimbursement Letter of Understanding with Comcast 4. OTHER Action Council Presenter Page or Info Date Time LeMaster 2 Action N/A 5 min. Long 5 Action Mar. 19, 2013 5 min. Consent Shilley 18 Action Mar. 19, 2013 5 min. Consent Huynh 59 Action Mar. 19, 2013 5 min. Consent Salloum 65 Action Mar. 19, 2013 5 min. Consent Salloum 78 Action Mar. 19, 2013 5 min. Consent Salloum 102 Action Mar. 19, 2013 5 min. Consent Salloum 125 Action Mar. 19, 2013 5 min. Consent 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, April 1, 2013 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN Committee Members City Staff Bob Ce /ski, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeanne Burbidge, Member Darlene LeMaster, Administrative Assistant II Diana Noble- Gu //iford, Member 253 - 835 -2701 G :ILUTCILUTCAgendas and Summaries 2013103 -04 -13 LUTCAgenda.dac February 4, 2013 5:30 PM City of Federal Way City Council Land Use and Transportation Committee City Hall City Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Bob Celski and Committee members Susan Honda and Jeanne Burbidge. Councilmembers in Attendance: Diana Noble - Gulliford Staff in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Deputy Public Works Director Marwan Salloum, Streets Systems Project Engineer Brian Roberts , City Traffic Engineer Rick Perez, Senior Traffic Engineer Jesse Hannahs, Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Celski called the meeting to order at 5:30 PM. 2. PUBLIC COMMENT There was one public comment: Jan Lightner, 706 SW 296th St, Federal Way, WA 98023 — Mrs. Lightner voiced concern over vehicles speeding in her neighborhood, specifically on her street, SW 296th St. In addition, the location of her home is at the corner of SW 296th, just west of 7th Ave SW. It is often impossible to back out of her driveway with speeding traffic, some of which is coming around the corner of 7th Ave SW onto SW 296`h St. Mrs. Lightner would like staff to respond by considering lowering the speed limit along SW 296`h St or by installing signage for the proposed speed humps near her home in hope of slowing down vehicles. Chair Celski noted that the Lighner's concerns would be addressed in Agenda item B. 3. BUSINESS ITEMS Topic Title/Description Forward to Council A. Approval of the January 7, 2013 LUTC Minutes N/A Committee approved the January 7, 2013 LUTC minutes as presented. Moved: Burbidge Seconded: Honda Passed: Unanimously, 3 -0 B. Adelaide Neighborhood Traffic Safety (NTS) '12 — 8th Ave SW (SW Dash Point Road to Feb. 19, 2013 SW 296`6 ST) Consent Senior Traffic Engineer Jesse Hannahs presented information on this item, giving a brief overview of the process and the history of this specific project to date. Committee member Burbidge asked for clarification regarding the vicinity map of the project and where the three speed humps will be located. Mr. Hannahs referenced the various side- streets surrounding the Adelaide NTS area, also noting the speed humps appear in red on the map. Committee member Honda asked if staff had received support from either Police or King County Fire & Rescue (SKFR) as to the locations of the proposed speed humps. City Traffic Engineer Perez summarized a meeting staff had with SKFR on the topic, stating that SKFR supported speed humps being used on principle collectors where the speed limit is 25 mph; with higher speed limits, speed tables would be the preferred application. Land Use /Transportation Committee Page 2 February 4, 2013 Addressing the Lightner's concerns during the Public Comment portion of the meeting, Mr. Perez stated that is too soon to know what effects the speed humps will have on reducing speeds along SW 296th St. Signage will be installed prior to the speed humps in both directions and will likely benefit the Lightners. Chair Celski asked a few clarifying questions. Mr. Hannah stated 8th Ave SW has a posted speed limit of 25 mph. The 85th percentile speed was 34 mph. There is no accident history at this location. Mr. Hannahs also noted the differences between a speed hump versus a speed table. Committee forwarded Option #1 as presented. Moved: Honda Seconded: Burbidge Passed: Unanimously, 3 -0 C. S 320th St at 20th Ave S Intersection Improvements — 100% Design Report and Feb. 19, 2013 Authorization to Bid Consent Street Systems Project Engineer Brian Roberts presented information on this item. Councilmember Noble - Gulliford asked if the Committee had already seen the configuration and the channelization of this project. Mr. Roberts said yes. Councilmember Noble - Gulliford noted her concern of the proposed channelization on 20th Ave S, just north of S 320th St, between Taco Time and Red Lobster, tuning into the businesses to the east of 20th Ave S. Mr. Roberts explained the channelization plan and the c- curbing that will be placed at this location, allowing only right in, right out. Committee forwarded Option #1 as presented. Moved: Burbidge Seconded: Honda Passed: Unanimously, 3 -0 D. 21st Ave SW at SW 336th St Intersection Improvements — 100% Design Report and Feb. 19, 2013 Authorization to Bid Consent Street Systems Project Engineer Brian Roberts presented information on this item. Chair Celski complimented staff on their work on this project and that he was glad that the right of way acquisition went smoothly. Committee member Honda asked when the project may start and when it would be finished. Mr. Roberts stated that project construction should begin in May and be finished prior to the holiday season in December 2013. Committee member Burbidge inquired on reimbursements to the City for underground utility relocates. Mr. Roberts explained that because the utilities are on private easements, utilities cannot be relocated prior to the project. Utilities will be relocated using joint utility trenches with the contractor working on the project. The utilities will reimburse the City for use of the joint trench. Staff is presently drafting agreements for reimbursement from each of the utilities involved. These agreements will be reviewed at the March 4, 2013 Land Use and Transportation Committee. Committee forwarded Option #1 as presented. Moved: Honda Seconded: Burbidge 3 G: \LUTC \LUTC Agendas and Summaries 2013 \02 -04 -13 Minutes.doc Passed: Unanimously, 3 -0 Land Use /Transportation Committee Page 3 February 4, 2013 E. Amendments to the King County Countywide Planning Policies Feb. 19, 2013 Business Principal Planner Margaret Clark presented information on this item, summarizing those County policy amendments that will affect the City. Committee member Burbidge wanted a better understanding of the timeline for lower income housing. Ms. Clark stated that timeline is unknown at this time. Committee member Honda thanked staff for their work on this project. Committee member Burbidge requested that Ms. Clark encourage discussion on the low income housing topic. Ms. Clark stated that she will keep Committee member Burbidge informed on this issue. Committee forwarded Option #1 as presented. Moved: Burbidge Seconded: Honda 4. OTHER None Passed: Unanimously, 3 -0 5. FUTURE MEETING The next LUTC meeting will be rescheduled to Monday, March 4, 2013 at 5:30 PM in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 6:14 PM. COMMITTEE APPROVAL: Bob Celski, Chair Attest: Darlene LeMaster, Administrative Assistant II Jeanne Burbidge, Member Diana Noble - Gulliford, Member 4 G: \LUTC \LUTC Agendas and Summaries 2013 \02 -04 -13 Minutes.doc COUNCIL MEETING DATE: March 19, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: Washington State Department of Transportation - QRS Safety Program Grants Acceptance POLICY QUESTION: Should City Council adopt a resolution authorizing staff to accept grant funding for two grants to improve safety at signalized intersections? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 4, 2013 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Sarady Long, Senior Transportation Planning Engine-'DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated March 04, 2013 AIL Options Considered: 1. Adopt a resolution authorizing staff to accept grant funding under the Washington State Department of Transportation Quick Response Safety program for safety improvements within the City of Federal Way. 2. Do not adopt a resolution to accept grant funding under the Washington State Department of Transportation Quick Response Safety program within the City of Federal Way. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 19, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: o ee Council DIRECTOR APPROVAL: 8/0\ \ Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the March 19, 2013 City Council consent agenda for approval. Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member PROPOSED COUNCIL MOTION: "I move to adopt a resolution authorizing staff to accept funding under the Washington State Department of Transportation Quick Response Safety Program for safety improvements within the City of Federal Way." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 5 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Sarady Long, Senior Transportation Planning Engineer _- SUBJECT: Transportation Improvement Projects – Authorization to Accept Safety Grant Funding BACKGROUND: This memorandum provides the Council with the current status of the Washington State Department of Transportation Quick Response Safety Program grant applications submitted in January 2013 as well as anticipated matching funds. WSDOT has approved both applications, which were submitted per City Council authorization at the January 2, 2013 City Council meeting. Project (Funding Phase)Grant Grant Funding Amount Required City Match Citywide Flashing Yellow Arrow Conversions $241,200 $0.00 (Construction phase) Flashing yellow arrow traffic signal modifications to the five intersections listed below: • SR 161 (Enchanted Pkwy S) @ S 352nd St (northbound and southbound) • 6th Ave SW @ SW Campus Dr (eastbound and westbound) • 20th Ave S @ S 312th St (eastbound and westbound) • 1st Ave S @ S 356th Street (all directions) • Weyerhaeuser Way S @ S 320th St (westbound) Citywide Retro - Reflective Backplates $122,000 . $0.00 (Construction phase) Reflective tape on signal head backplates to improve their visibility at all signals within the City that do not have them. cc: Project File Day File 6 RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, authorizing execution of Local Agency Agreement with Washington State Department of Transportation regarding improvement to traffic signal phasing with Flashing Yellow Arrow Conversions and improve the visibility of traffic signal heads with Retro- Reflective Backplates in the city of Federal Way, Washington. WHEREAS, the City of Federal Way applied for two 2013 Quick Response Safety Program grants from the Washington State Department of Transportation for the purpose of construction of Flashing Yellow Arrow Conversions and Retro- Reflective Backplates safety improvements within the City; and WHEREAS, the Washington State Department of Transportation agrees to grant the City of Federal Way estimated federal funds in two separate grants in the total amount of Three Hundred Sixty -Three Thousand Two Hundred and no /100 Dollars ($363,200) provided that the City Council authorizes the Mayor to enter into the Local Agency Agreements; and WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local Agency Agreements; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Execution of Acceptance of the Local Agency Agreement. The Mayororhis designee is hereby authorized to execute the Local Agency Agreements regarding improvements identified as the Citywide Retro- Reflective Backplates and the Citywide Flashing Yellow Arrow Conversions projects in the city of Federal Way. Resolution No. 12- 7 Page 1 of 3 Rev 1 /10 Section 2. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to receive the state and federal funds estimated to be Three Hundred Sixty -Three Thousand Two Hundred and no /100 Dollars ($363,200). Section 3. Matching Funds. Pursuant to the terms of the Local Agency Agreement, the City is not required to commit matching funds. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. 12- 8 Page 2 of 3 Rev 1 /10 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of March, 2013 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 12- 9 Page 3 of 3 Rev 1/10 � Washington State CIS Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation Mr. Cary Roe Public Works Director City of Federal Way PO Box 9718 Federal Way, WA 98063 -9718 Transportation Building 310 Maple Park Avenue S E. P O. Box 47300 Olympia, WA 98504 -7300 360 -705 -7000 TTY: 1 -800- 833 -6388 www.wsdot.wa.gov February 7, 2013 2013 Quick Response Safety Program Federal Funding WSDOT Highways & Local Programs (H &LP) is pleased to advise you that the following project was selected for 2013 Quick Response Safety Program funds through the Federal Highway Safety Improvement Program (HSIP). The federal funding for construction of the project is limited to: Citywide Flashing Yellow Arrow Conversions $241,200 The funds are available for the project as described in the attached Project Summary. The summary is taken from the grant application and subsequent changes discussed with your staff. These federal funds are available at 100 percent and require no local match. In order to meet state and federal requirements for these funds, the following are required: 1. Authorization: • Ensure that the project is in your agency and region's Transportation Improvement Program (TIP): Once the TIPs are amended, WSDOT will amend the Statewide Transportation Improvement Program (STIP). 2. Project expenditures incurred before receiving notice of federal fund obligation from H &LP are not eligible for reimbursement. 3. Construction funding must be obligated by July 31, 2013, or the funds will be reprogrammed to other priority safety projects. 4. Projects must be advertised for construction by October 1, 2013, or the funds will be reprogrammed to other priority safety projects. 5. No scope changes will be allowed for this project. 10 Cary Roe Public Works Director City of Federal Way 2013 Quick Response Safety Program Federal Funding February 7, 2013 6. No schedule extensions will be allowed for this project. 7. To maintain funding, a Quarterly Project Report form must be completed by the end of March, June, September, and December each year. The online database can be found at: http://www.wsdot.vocalPro grams /ProgramMgnt/QPR.htm. To access the database you will need an account name and password. Your account name is Federal Way and your password is FedWa505. The password is case sensitive. To obligate funding for the project, please refer to the information above and to the Local Agency Guidelines (LAG) manual at http: / /www.wsdot.wa.gov/ publications /manuals /fulltext/M36- 63 /LAGManual pdf. Also, as a reminder, H &LP encourages all agencies to submit monthly progress billings to ensure timely reimbursement of eligible federal expenditures. For assistance with your project, please contact Ed Conyers, Northwest Region Local Programs Engineer, at 206.440.4734. Our staff looks forward to working with you. Sincerely, Kathleen B. Davis Director Highways & Local Programs KBD:st:sas Attachment: Project Summary cc: Ed Conyers, Northwest Region Local Programs Engineer, MS N82 -121 Charlie Howard, Transportation Director, PSRC 11 Project Summary Program: 2013 Quick Response Safety Program Date: February 2013 Agency: City of Federal Way Project Title: Citywide Flashing Yellow Arrow Conversions Project Number: To be assigned Project Description: Improve traffic signal phasing and improve the visibility of traffic signal heads. Detailed Project Description: 1. Install yellow retroreflective tape on existing traffic signal backplates at the following intersections: 1. 20th Ave S / S 312th St. 2. Weyerhaeuser Way 5 / S 320th St. 3. 6th Ave SW / SW Campus Dr. 4. SR 161 MP 36.00 (Enchanted Pkwy S) / S 352nd St. 5. 1St Ave S / 5 356th St (SW 356th St.) Convert existing left-turn phasing to flashing yellow left turn arrows at the following intersections: a. 20th Ave S / S 312th St. (eastbound and westbound) b. Weyerhaeuser Way 5 / S 320th St. (westbound) c. 6th Ave SW / SW Campus Dr. (eastbound and westbound) d. SR 161 MP 36.00 (Enchanted Pkwy S) / 5 352 "d St. (northbound and southbound) e. 1st Ave 5 / S 356th St. (SW 356th St.) (all approaches) Project Schedule (Estimated): Contract Advertised June 2013 Open to Traffic (operationally complete) September 2013 Project Cost and Award Amount: Phase Cost of construction phase Amount of construction phase funded from other sources Amount of construction phase requested Amount awarded Construction $241,200 $0 $241,200 $241,200 12 Page 1 of 1 Aft Washington State Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation Mr. Cary Roe Public Works Director City of Federal Way PO Box 9718 Federal Way, WA 98063 -9718 Dear Mr. Transportation Building 310 Maple Park Avenue S.E. P.0 Box 47300 Olympia, WA 98504 -7300 360 - 705 -7000 TTY: 1- 800 - 833 -6388 www wsdot.wa.gov February 7, 2013 2013 Quick Response Safety Program Federal Funding WSDOT Highways & Local Programs (H &LP) is pleased to advise you that the following project was selected for 2013 Quick Response Safety Program funds through the Federal Highway Safety Improvement Program (HSIP). The federal funding for construction of the project is limited to: Citywide Retro - reflective Backplates $122,000 The funds are available for the project as described in the attached Project Summary. The summary is taken from the grant application and subsequent changes discussed with your staff. These federal funds are available at.100 percent and require no local match. In order to meet state and federal requirements for these funds, the following are required: 1. Authorization: • Ensure that the project is in your agency and region's Transportation Improvement Program (TIP): Once the TIPs are amended, WSDOT will amend the Statewide Transportation Improvement Program (STIP). 2. Project expenditures incurred before receiving notice of federal fund obligation from H &LP are not eligible for reimbursement. 3. Construction funding must be obligated by July 31, 2013, or the funds will be reprogrammed to other priority safety projects. 4. Projects must be advertised for construction by October 1, 2013, or the funds will be reprogrammed to other priority safety projects. 5. No scope changes will be allowed fpg this project. Cary Roe Public Works Director City of Federal Way 2013 Quick Response Safety Program Federal Funding February 7, 2013 6. No schedule extensions will be allowed for this project. 7. To maintain funding, a Quarterly Project Report form must be completed by the end of March, June, September, and December each year. The online database can be found at: http: / /www.wsdot.wa.gov/ LocalPrograms /Pro $ ramMgmt /QPR.htm. To access the database you will need an account name and password. Your account name is Federal Way and your password is FedWa505. The password is case sensitive. To obligate funding for the project, please refer to the information above and to the Local Agency Guidelines (LAG) manual at h ptt : / /www.wsdot.wa.gov/ publications / manuals /fulltext!M36- 63 /LAGManual.Qdf. Also, as a reminder, H &LP encourages all agencies to submit monthly progress billings to ensure timely reimbursement of eligible federal expenditures. For assistance with your project, please contact Ed Conyers, Northwest Region Local Programs Engineer, at 206.440.4734. Our staff looks forward to working with you. Sincerely, Kathleen B. Davis Director Highways & Local Programs KBD:st:sas Attachment: Project Summary cc: Ed Conyers, Northwest Region Local Programs Engineer, MS N82 -121 Charlie Howard, Transportation Director, PSRC 14 Project Summary Program: 2013 Quick Response Safety Program Date: February 2013 Agency: City of Federal Way Project Title: Citywide Retroreflective Backplates Project Number: To be assigned Project Description: Improve the visibility of traffic signal heads. Detailed Project Description: Install yellow retroreflective tape on existing traffic signal backplates at the following intersections: 1. SR 99 MP 12.67 (Pacific Hwy S) / S 276th St. 2. Military Rd S / S Star Lake Rd. 3. SR 99 MP 11.90 (Pacific Hwy S) / S 288th St. 4. 18th Ave 5 / 5 288th St. 5. Military Rd S / S 288th St. 6. 11th PI. S / SR 509 MP 13.96 (S Dash Point Rd.) 7. 16th Ave 5 & Redondo Way 5 / SR 509 MP 14.20 (5 Dash Point Rd.) 8. SR 99 MP 11.37 & Pacific Hwy S / SR 509 MP 14.29 (5 Dash Point Rd.) 9 8th Ave SW / SR 509 MP 12.30 (SW Dash Point Rd.) 10. SR 99 MP 10.94 (Pacific Hwy 5) / S 304th St. 11. Military Rd S / S 304th St. 12. SR 99 MP 10.69 (Pacific Hwy S) / S 308th St. 13. 1st Ave 5 / S 312th St. (SW 312th St.) 14. 8th Ave 5 / 5 312th St. 15. 14th Ave 5 / 5 312th St. 16. SR 99 MP 10.44 (Pacific Hwy 5) / 5 312th St. 17. 23rd Ave S / S 312th St. 18. 21St Ave SW / SR 509 MP 11.25 (SW Dash Point Rd.) 19. 20th Ave 5 / S 314th St. 20. 23rd Ave S / S 314th St. 21. Fire signal in 31600 block of 1St Ave S 22. SR 99 MP 10.18 (Pacific Hwy S) / 5 316th St. 23. 20th Ave S / 5 316th St. 24. 23rd Ave 5 / S 316th St. 25. 23rd Ave 5 / S 317th St. 26. School signal in 4200 block of SW 320th St. 27. 26th Ave SW / SW 320th St. 28. 32nd Ave S / S 320th St. 29. Fire signal in 3700 block of 5 320th St. 15 Page 1 of 3 30. 23rd Ave 5 / S 322nd St. 31. 11th Pl. S& 13th Pl. S /S324thSt. 32. 21st Ave SW / SW 325th PI 33. 1st Ave S / S 325th St (SW 325th St.) 34. 1st Ave S & 1st Wy S / 5 330th St (SW 330th St.) 35. SR 99 MP 9.31 (Pacific Hwy S) / S 330th St. 36. 21st Ave SW / SW 334th St. 37. 1st Wy S / Bonneville Power Administration (BPA) trail pedestrian signal 38. 1st WyS / S 333rd St. 39. 19th Ave SW / SW Campus Dr. 40. 1st WyS / S 336th St. 41. 9th Ave S / S 336th St. 42. 13th Pl. S / S 336th St. 43. SR 99 MP 8.93 (Pacific Hwy S) / S 336th St. 44. 20th Ave 5 / S 336th St. 45. 10th Ave SW (12th Ave SW) / SW Campus Dr. 46. Hoyt Rd SW & 39th Ave NE / SW 340th St (Northshore Pkwy. NE) 47. 35th Ave SW / SW 340th St. 48. SR 99 MP 8.65 (Pacific Hwy S) / 16th Ave 5 / S 340t" St. 49. 21st Ave SW / SW 344th St. 50. 34400 block of 1st Way S (1st Ave S) / Winco Driveway 51. 16th Ave S / S 344th St. 52. 100 block of SW Campus Dr / Winco Driveway 53. 21st Ave SW / SW 348th St. 54. 1st Ave S / S 348th St & SW Campus Dr. 55. 9th Ave S / S 348th St. 56, SR 99 MP 8.14 (Pacific Hwy S) / SR 18 MP 2.20B (5 348th St.) 57. SR 161 MP 36.25 (Enchanted Pkwy 5 also 16th Ave S) / SR 18 MP 2.41B (S 348th St.) 58. 21st Ave SW / SW 356th St. 59. SR 99 MP 7.63 & Pacific Hwy 5 / 5 356th St 60. SR 161 MP 35.75 & Enchanted Pkwy S / 16th Ave S / S 356th St. Project Schedule (Estimated): Contract Advertised June 2013 Open to Traffic (operationally complete) September 2013 16 Page 2 of 3 Project Cost and Award Amount: Phase Cost of construction phase Amount of construction phase funded from other sources Amount of construction phase requested Amount awarded Construction $122,000 $0 $122,000 $122,000 17 Page 3 of 3 COUNCIL MEETING DATE: March 19, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: NPDES Permit Requirements /Annual Report and SWMP POLICY QUESTION: Should Council approve the 2012 Annual Report and Stormwater Management Program (SWMP) documents for submittal to the Department of Ecology as required by the Western Washington (NPDES) Phase II Municipal Stormwater Permit? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 4, 2013 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: William Appleton, P.E., SWM Manager Public Hearing Other DEPT: Public Works Attachments: Land Use and Transportation memorandum dated March 4, 2013 2012 Annual Report Stormwater Management Plan Options Considered: 1. Approve the 2012 Annual Report and SWMP documents and authorize the Mayor to submit these documents to the Department of Ecology by March 31, 2013 to satisfy the City's NPDES Permit obligations. 2. Do not approve the 2012 Annual Report and SWMP documents and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 19, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: o ' j' ee Council DIRECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the March 19, 2013 City Council Consent Agenda for approval. Bob Celski, Chair Jeanne Burbid : e, Member Diana Noble - Gulliford Member PROPOSED COUNCIL MOTION: "1 move to authorize the Mayor to submit the 2012 Annual Report and SWMP to the Department of Ecology by March 31, 2013 to satisfy the City's NPDES Permit obligations." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 18 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor Cary M. Roe, P.E., Director of Parks, Public Works and E ergency Management FROM: William Appleton, P.E., Surface Water Manager Hollie Shilley, Water Quality Specialist SUBJECT: NPDES Permit Requirements /Annual Report and SWMP BACKGROUND: The National Pollutant Discharge Elimination System (NPDES) is a federal permit that regulates stormwater and wastewater discharges to waters of the State. While it is a federal permit, regulatory authority lies with Washington State Department of Ecology (DOE). The NPDES Phase II Municipal Stormwater Permit for Western Washington was issued by DOE on January 17, 2007 and went into effect on February 15, 2007. The permit requires that all affected municipalities create and implement a Stormwater Management Program (SWMP) which addresses six required program elements: 1) Public Education and Outreach, 2) Public Involvement and Participation, 3) Illicit Discharge Detection and Elimination, 4) Construction Site Run -Off 5) Operations and Maintenance of Post Construction Stormwater Facilities, and 6) Monitoring. In addition to the SWMP, the permit also requires permittees to submit an Annual Report intended to update the DOE on the status of the permittee's compliance with the NPDES Phase II Permit. Annual Reports must be submitted to DOE on or before March 31St of each year. Since the effective date of this permit, City staff has been working with the DOE and several regional forums to determine how to best meet the permit requirements. City staff has prepared the following documents to meet the 2012 SWMP and Annual Report requirements as specified under the permit. • The SWMP describes the City' s applicable existing programs, as well as the plan to update and modify these programs as necessary to meet the requirements of the permit. The SWMP is a planning document which is updated each year. cc: • The components of the 2012 Annual Report include: a checklist detailing the status of individual permit requirements, a qualitative summary of Best Management Practices implemented, and a brief description of any stormwater monitoring or studies conducted during 2012. Project File Day File 19 CITY OF Federal Way NPDES Annual Report Reporting Period 2012 (Prepared March 2013) Pursuant to the Western Washington Phase II Municipal Stormwater Permit # WAR 04 -5516 20 I. Permittee Information Permittee Name City of Federal Way Contact Name William Appleton, P.E. Mailing Address 33325 8th Avenue South City Federal Way Email Adddress william.appleton@cityoffederalway.com Permittee Coverage Number WAR 04 -5516 Phone Number 253- 835 -2750 State WA Zip + 4 98003 -6325 II. Regulated Small MS4 Location Jurisdiction City of Federal Way Major Receiving Water(s) Puget Sound Entity Type: Check the box that applies County City/Town Other x III. Relying on another Governmental Entity If you are relying on another governmental entity to satisfy one or more of the permit obligations, list the entity and briefly describe the permit obligation(s) they are implementing on your behalf below. Attach a copy of your agreement with the other entity to provide additional detail. Name of Entity: Permit Obligation(s): 21 IV. Certification All annual reports must be signed and certified by the responsible official(s) of permittee or co- permittees. Please print and sign this page of the reporting form and mail it (with an original signature) to Ecology at the address noted below. An electronic signature will not suffice. I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that Qualified Personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for willful violations. Name Title Date Name Title Date Name Title Date Name Title Date Name Title Date 22 Instructions on Filling out the Western WA Phase 1I Municipal Stormwater Permit Annual Report Form for Cities and Counties 1. Complete all TABS in the worksheet: (1) Permittee Information; (2) Certification; (3) ANNUAL REPORT (Section VI); (4) Info Collection (Section VII-A); (5) Info Collection (Section VII -B); (6) Info Collection (Section VII -C); and (7) Info Collection (Section VII -D). 2. The Certification form/TAB must be signed and certified by the responsible official(s). All TABs (except the INSTRUCTIONS) must be printed out and mailed to Ecology. 3. Answer every question. Use the Comments and Attachment fields only when necessary to provide additional information. 4. For questions asking for a number, type in a 0 (zero) in the # field of the ANNUAL REPORT tab if no activity has occurred. Do not leave the field blank. 5. Do not add text to shaded fields. 6. Use the following tables to guide filling out the Y /N /NA field. See below. 7. Save your completed Annual Report and email the Excel worksheet PLUS attachments to: PH2 WAnnRpt @ecy.wa.gov. Ecology cannot accept incomplete or partially completed Annual Report forms. If you met the permit requirement by the deadline in the permit... Mark Y in the Y/N/NA field. If you did not meet the permit requirement by the deadline in the permit..... Mark N in the Y/N/NA field. Provide following information in Comments field: "reasons why, corrective steps taken and proposed, and expected dates that the deadline will be met." [See S9.E.2.d for full description of required additional information.] If the permit requirement does not apply to you..... Mark NA in the Y/N/NA field. 23 ACRONYMS AND ABBREVIATIONS NPDES National Pollutant Discharge Elimination System SWMP Stormwater Management Program ESHB Engrossed Substitute House Bill MEP Maximum Extent Practicable AKART All Known and Reasonable Technology MS4 Municipal Separate Storm Sewer System Ecology Washington State Department of Ecology Permit Western Washington Phase II Municipal Stormwater Permit SWM City of Federal Way Surface Water Management Division BMPs Best Management Practices BPA Bonneville Power Administration SWR City's Solid Waste and Recycling Division WRIA Water Resource Inventory Area STORM Stormwater Outreach for Regional Municipalities LUTC Land Use and Transportation Committee IDDE Illicit Discharge Detection and Elimination FWRC Federal Way Revised Code IDP Illicit Discharge Potential DOE Department of Ecology KCSWDM King County Surface Water Design Manual LID Low Impact Development CB Catch Basin SWPPP Stormwater Pollution Prevention Plan 24 VI. Status Report Covering Calendar Yr: 2012 Jurisdiction Name: City of Federal Way PLEASE indicate reporting year and your jurisdiction in Line 1, above. PLEASE refer to the INSTRUCTIONS tab for assistance filling out this table. NOTE: For clarification on how to answer questions, place cursor over cells with red flags. NOTE: Please answer all questions. PLEASE review your work for completeness and accuracy. Save this worksheet as you go! Question Y /N/ NA # Comments (50 word limit) Name of Attachment & Page #, if applicable 1. Attached annual written update of Permittee's Stormwater Management Program (SWMP), including applicable requirements under S5.A.2 and S9? Y See Attachment: City of Federal Way Stormwater Management Program document (SWMP) 2. Attached a copy of any annexations, incorporations or boundary changes resulting in an increase or decrease in the Permittee's geographic area of permit coverage during the reporting period, and implications for the SWMP as per S9.E.3? NA There were no annexations or boundary changes during the reporting period. 3. Implemented an ongoing program for gathering, tracking, maintaining, and using information to evaluate SWMP development, implementation and permit compliance and to set priorities? (S5.A.3) Y 4. Tracked costs or estimated costs of the development and implementation of the SWMP? (S5.A.3.a) Y 5. SWMP includes an education program aimed at residents, businesses, industries, elected officials, policy makers, planning staff and other employees of the Permittee? (S5.C.1) Y 6. Number of public education and outreach activities implemented: 43 7. Provided opportunities for the public to participate in the decision making processes involving the development, implementation and updates of the Permittee's SWMP? (S5.C.2.a) Y Participation is provided via the City website, newsletters, and public meetings. 25 Page 1 of 10 Question YIN/ NA # Comments (50 word limit) Name of Attachment & Page #, if applicable 8. Implemented a process for public involvement and consideration of public comments on the SWMP? (S5.C.2.a) Y 9. Made the most current version of the SWMP available to the public. (S5.C.2.b) Y 10. Posted the SWMP and latest annual report on Permittee's website. (S5.C.2.b) Y 11. NOTE website address in Attachment field: y http: / /www.cityoffederalway.co m/index.aspx ?nid =186 12. Maintained a map of your MS4, including requirements listed in S5.C.3.a.i -iii? Y • 13. Map has been made available upon request? (S5.C.3.a.iv) Y — 14. Implemented an ordinance or other regulatory mechanism to effectively prohibit non - stormwater, illicit discharges into the Permittee's MS4? (S5.C.3.b) Y Ordinance No. 09 -619 15. Implemented an ongoing program to detect and address non - stormwater illicit discharges, including spills, and illicit connections into the Permittee's MS4? (S5.C.3.c) Y 16. Implemented field assessment activities, including visual inspection of priority outfalls identified during dry weather, and for the purposes of verifying outfall locations, identifying previously unknown outfalls, and detecting illicit discharges. (S5.C.3.c.ii) Y 17. Conducted field assessments on at least one high priority water body? (S5.C.3.c.ii) Y 18. Implemented procedures for characterizing the nature of, and potential public or environmental threat posed by, any illicit discharges found by or reported to the Permittee? (S5.C.3.c.iii) Y Page 2 of 10 Question Y /N/ NA # Comments (50 word limit) Name of Attachment & Page #, if applicable 19. Implemented procedures for tracing the source of an illicit discharge; including visual inspections, and when necessary, opening manholes, using mobile cameras, collecting and analyzing water samples, and /or other detailed inspection procedures? (S5.C.3.c.iv) Y 20. 1 Implemented procedures for removing the source of the discharge, including notification of appropriate authorities; notification of the property owner; technical assistance for eliminating the discharge; follow -up inspections; and escalating enforcement and legal actions if the discharge is not eliminated? (S5.C.3.c.v.) Y 21. Provided updated information to public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste? (S5.C.3.d) Y 22. Distributed appropriate information to target audiences identified pursuant to S5.C.1? (S5.C.3.d.i) Y 23. Publicized and maintained a hotline or other local telephone number for public reporting of spills and other illicit discharges? (S5.C.3.d.ii) Y 24. Number of hotline calls received: 5 SWM received a total of 36 complaints via a number of different pathways in 2012. Only five of the complaints were received via the Spill Hotline. 25. Number of follow -up actions taken in response to calls: 5 Staff follows up with ALL reports received. 26. NOTE hotline number in Comments tield y (253) 835 -2700 After hours:(800) 400 -0749 27. Number of illicit discharges identified (S5.C.3.e): 23 28. Number of inspections made for illicit connections (S5.C.3.e): 2 27 Page 3 of 10 Question 'UN/ NA # Comments (50 word limit) Name of Attachment & Page #, if applicable 29. Municipal field staff responsible for identification, investigation, termination, cleanup, and reporting of illicit discharges, improper disposal and illicit connections are trained to conduct these activities? (S5.C.3.f.i) Y 30. Implemented an ongoing training program on the identification of an illicit discharge /connection, and on the proper procedures for reporting and responding to the illicit discharge /connection for all municipal field staff, which, as part of their normal job responsibilities, might come into contact with or otherwise observe an illicit discharge or illicit connection to the storm sewer system? (S5.C.3.f.ii.) Y 31. Applied stormwater runoff program to private and public development, including roads? (S5.C.4) Y 32. Applied the Technical Thresholds in Appendix 1 to all sites 1 acre or greater, including projects less than one acre that are part of a larger common plan of the development or sale? (S5.C.4) Y 33. Implemented a regulatory mechanism (such as an ordinance) necessary to address run -off from new development, redevelopment and construction site activities? (S5.C.4.a) Y 34. Retained existing local requirements to apply stormwater controls at smaller sites or at lower thresholds than required pursuant to S5.C.4? (S5.A.4) Y 35. Number of exceptions to the minimum requirements in Appendix 1 granted (S5.C.4.a.i and Appendix 1)? 0 . 36. Number of variances to the minimum requirements in Appendix 1 allowed (S5.C.4.a.i and Appendix 1)? 0 28 Page 4 of 10 Question Y /N/ NA # Comments (50 word limit) Name of Attachment & Page #, if applicable 37. Implemented a permitting process to address runoff from new development, redevelopment and construction site activities with plan review, inspection, and enforcement capability? (S5.C.4.b) Y 38. Reviewed Stormwater Site Plans for new development and redevelopment projects that disturb a land area 1 acre or greater, including projects less than one acre that are part of a larger common plan of development or sale? (S5.C.4.b.i) Y 39. Number of site plans reviewed during the reporting period: 16 40. Inspected, prior to clearing and construction, all known development sites that have a high potential for sediment transport as determined through plan review based on definitions and requirements in Appendix 7 Determining Construction Site Sediment Potential? (S5.C.4.b.ii and v) Y 41. Number of qualifying sites inspected prior to clearing and construction during the reporting period: 102 13 Commercial Sites, 89 Single Family Sites 42. Inspected construction -phase stormwater controls at all known permitted development sites during construction to verify proper installation and maintenance of required erosion and sediment controls? (S5.C.4.b.iii and v) Y 43. Number of sites inspected during the construction phase for the reporting period: 111 12 Commercial Sites, 99 Single Family Sites 44. Based on inspections at new development and redevelopment construction projects, enforced requirements related to the proper installation and maintenance of erosion and sediment controls? (S5.C.4.b.iii and vi) Y 29 Page 5of1O Question Y /NI NA # Comments (50 word limit) Name of Attachment & Page #, if applicable 45. Number of enforcement actions taken during the reporting period: 4 46. Inspected qualifying permitted development sites upon completion of construction and prior to final approval or occupancy to ensure proper installation of permanent stormwater controls such as stormwater facilities and structural BMPs? (S5.C.4.b.iv and v) Y 47. Number of qualifying sites known during the reporting period: 119 48. Number of qualifying sites inspected during the reporting period: 119 9 commercial Sites, 110 Single Family Sites 49. Verified a maintenance plan is completed and responsibility for maintenance is assigned for qualifying permitted development sites (S5.C.4.b.iv) Y 50. Enforced regulations to ensure proper installation of permanent stormwater controls? (S5.C.4.b.iv) Y 51. Number of enforcement actions taken during the reporting period: 1 52. Implemented a long -term operation and maintenance (O &M) program for post - construction stormwater facilities permitted and constructed pursuant to S5.C.4.a. and b.? (S5.C.4.c) Y 53. Annually inspected all post- construction stormwater controls, including structural BMPs, at new development and redevelopment projects permitted according to S5.C.4.b. (unless maintenance records justify a different frequency)? (S5.C.4.c.iii) Y • 54. If using reduced inspection frequency, Attached documentation as per S5.C.4.c.iii? NA 30 Page 6 of 10 Question Y /N/ NA # Comments (50 word limit) Name of Attachment & Page #, if applicable 55. Performed timely maintenance of post- construction stormwater facilities and BMPs as per S5.C.4.c.ii? Y 56. Attached documentation of any maintenance delays. (S5.C.4.c.ii) NA 57. Inspected all new stormwater treatment and flow control facilities owned or operated, including catch basins, for new residential developments that are a part of a larger common plan of development or sale, every 6 months during the period of heaviest house construction (i.e., 1 to 2 years following subdivision approval) to identify maintenance needs and enforce compliance with maintenance standards as needed? (S5.C.4.c.iv) Y 58. Number of facilities inspected during the reporting period: 16 59. Implemented a procedure for keeping records of inspections and enforcement actions by staff, including inspection reports, warning letters, notices of violations, other enforcement records, maintenance inspections and maintenance activities? (S5.C.4.d) Y 60. Provided copies of the Notice of Intent for Construction Activity and Notice of Intent for Industrial Activity to representatives of proposed new development and redevelopment? (S5.C.4.e) Y 61. All staff responsible for implementing the program to control stormwater runoff from new development, redevelopment, and construction sites, including permitting, plan review, construction site inspections, and enforcement were trained to conduct these activities? (S5.C.4.t) Y 31 Page 7 of 10 Question YIN/ NA # Comments (50 word limit) Name of Attachment & Page #, if applicable 62. Performed timely maintenance as per S5.C.5.a.ii? Y 63. Attached documentation of any maintenance delays. (S5.C.5.a.ii) NA 64. Implemented a program designed to annually inspect and maintained all stormwater treatment and flow control facilities (other than catch basins)? (S5.C.5.b) Y 65. Number of known facilities: 446 66. Number of facilities inspected during the reporting period: 446 67. If using reduced inspection frequency, Attached documentation as per S5.C.5.a.ii? (S5.C.5.b) NA 68. Conducted spot checks of stormwater facilities after major storms? (S5.C.5.c) Y 69. Number of known facilities: 158 The Hot Spot list currently consists of 158 stormwater facilities.. 70. Number of facilities inspected during the reporting period: 158 71. Inspected 20% of municipally owned or operated catch basins at least once before the end of the Permit term? (S5.C.5.d and Permit Reference Table) Y 72. Number of known catch basins: 12,053 73. Number of inspections: 5,128 Number of inspections and catch basins cleaned is during 2012 only. 74. Number of catch basins cleaned: 5,128 75. Implemented practices to reduce stormwater impacts associated with runoff from streets, parking lots, roads or highways owned or maintained by the Permittee, and road maintenance activities conducted by the Permittee? (S5.C.5.t) Y 32 Page 8 of 10 Question Y/NI NA # Comments (50 word limit) Name of Attachment & Page #, if applicable 76. Implemented policies and procedures to reduce pollutants in discharges from all lands owned or maintained by the Permittee and subject to this Permit, including but not limited to: parks, open space, road right -of -way, maintenance yards, and stormwater treatment and flow control facilities? (S5.C.5.g) Y 77. Implemented an operations and maintenance (O &M) training program that has the ultimate goal of preventing or reducing pollutant runoff from municipal operations? (S5.C.5.h.) Y 78. Implemented a Stormwater Pollution Prevention PIan (SWPPP) for all heavy equipment maintenance or storage yards, and material storage facilities owned or operated by the Permittee in areas subject to this Permit that are not required to have coverage under the Industrial Stormwater General Permit? (S5.C.5.i) Y 79. Complied with the specific requirements associated with approved TMDLs identified in Appendix 2? (S7.A and Permit Reference Table) NA 80. Attached status report of TMDL implementation? (S7.A and Permit Reference Table) NA 81. Where monitoring was required in Appendix 2, did you conduct the monitoring according to an approved Quality Assurance Project Plan? (S7.A and Permit Reference Table) NA 82. the contribute Notified Ecology immediately in cases where Permittee becomes aware of a discharge from the Permittees MS4 which may cause or to an imminent threat to human health or the environment? (G3) Y 33 Page 9 of 10 Question Y /NI NA # Comments (50 word limit) Name of Attachment & Page #, if applicable 83. Took appropriate action to correct or minimize discharges into or from the MS4 which could constitute a threat to human health, welfare, or the environment? (G3) Y 84: Attached a summary of the status of implementation of any actions taken pursuant to S4.F and the status of any montioring, assessment, or evaluation efforts conducted during the reporting period? (S4.F.3.d) NA 85. Notified Ecology of the failure to comply with any permit term or condition within 30 days of becoming aware of the non - compliance? (G20) NA 34 Page 10 of 10 0 O leo 0 0 0c ts ca o o• N � 0 o o S cS o 1 0 7- 0 O N C N es o 6 o co N 0 0 0 'ON 0 0 bo o 3 o W T o ° c 0 00o ea .4"' tD `` O 0�0 �0 Ir. c 0 d m os C4 G N G t0 co 3 3. m om° ty T N m ( 0 c O C '6 , 4 0 o (f) 0 4 '"Co o T 0 0 oro, m Qo- 35 VII. Information Collection, BMP Evaluation, and Monitoring Complete Part B for all annual reports. B. SWMP Evaluation (S8.B & S9) You are required to assess the appropriateness of the BMPs you have selected to implement your SWMP. This evaluation is necessary to evaluate whether the MEP standard set by the permit is protective of water quality in your receiving water bodies. This assessment may be entirely qualitative. Answer NA if you are not yet implementing BMPs for a component of the SWMP. (S8.B.2 and S9) Question Y /N /NA Comments (50 word limit) Are the BMPs selected and implemented for Public Outreach 1. appropriate to minimize pollutants in the MS4 to the MEP? Y Some public education BMPs are more successful than others. The City continues to adapt its program to be as successful as possible. It is recognized however the no single BMP will ever effectively change 100% of people's behavior, therefore the City implements a variety of education and outreach approaches. w Are the BMPs selected and implemented for Public °' Involvement appropriate to minimize pollutants in the MS4 to 2. the MEP? Y The City provides numerous opprtunities for public comment and participation in the development of the SWMP. Are the BMPs selected and implemented for Illicit Discharge Detection and Elimination appropriate to minimize pollutants 3. in the MS4 to the MEP? Y Federal Way's IDDE program is successful in eliminating known illicit discharges and illegal connections to the City's MS4. Are the BMPs selected and implemented for Construction Stormwater Pollution Prevention appropriate to minimize 4. pollutants in the MS4 to the MEP? Y The Construction Run -off Program prevents and eliminates stormwater pollution thru the inspection and enforcement process. BMPs utilized are effective. Are the BMPs selected and implemented for Post- Construction Runoff Management appropriate to minimize 5. pollutants in the MS4 to the MEP? Y The Post - Construction inspection program is successful in reducing stormwater pollution to the maximum extend possible using eforcement measures if necessary. BMPs have shown to be effective. Are the BMPs selected and implemented for Good Housekeeping for Municipal Operations appropriate to 6. minimize pollutants in the MS4 to the MEP? y BMPs implemented as part of Federal Way's Operation and Maintenance program remove tons of potentially polluting material from the stormwater system, preventing it from reaching receiving waters. The BMPs are effective. Page 1 of 1 VII. Information Collection, BMP Evaluation, and Monitoring Complete Part C for all annual reports. C. Changes in BMPs or objectives (S8.B) If any of the BMPs or objectives is being changed, list the old BMP and objective, the new BMP and objective, and a justification for the change below. (S8.B.2., and S9) NOTE: You may choose to attach additional documentation justifying Changes in BMPs or objectives. Note such attachments in the Justification for change field. Old BMP Old Objective New BMP New Objective Justification for Change 1 There have been no significant changes to program BMPs. 2 3 4,0 5'' 6 7 Page 1 of 1 2012 Annual Report Attachment- Current Monitoring Studies 38 Description of stormwater monitoring, studies, or type of information collected and analyzed during the reporting period. (S8.B.1) Staff Contact 1 Continuous water quality monitoring at one (1) in -pipe MS4 location for dissolved oxygen, temperature, and pH, and turbidity. Dan Smith, Water Quality Coordinator 253- 835 -2756 2 Continuous water quality monitoring at one (1) in -pipe MS4 location for dissolved oxygen, pH, temperature, turbidity, and flow. Dan Smith, Water Quality Coordinator 253- 835 -2756 3 Continuous water quality monitoring at two (2) in -pipe MS4 locations for flow. Dan Smith, Water Quality Coordinator 253- 835 -2756 4 Continuous water quality monitoring at two (2)surface water locations for dissolved oxygen, temperature, and pH, and turbidity. Dan Smith, Water Quality Coordinator 253- 835 -2756 5 Continuous temperature monitoring at approximately ten (10) individual (both MS4 and surface water) sites utilizing automated loggers. Dan Smith, Water Quality Coordinator 253- 835 -2756 6 Various grab samples collected to quantify stormwater contaminants of concern associated with prohibited stormwater discharges and code enforcement action. Dan Smith, Water Quality Coordinator 253- 835 -2756 7 In- stream B -IBI macroinvertebrate samples collected and analyzed from eleven (11) individual sites. Dan Smith, Water Quality Coordinator 253- 835 -2756 8 Catch basin sediment level monitoring. Hollie Shilley, NPDES Coordinator 253- 835 -2752 38 Federal Way ate►- viaiiazement Fro&rarn Pursuant to the Western Washington Phase 11 Municipal Stormwater Permit # WAR 04 — 5516 39 Table of Contents BACKGROUND 1 INTRODUCTION 3 SECTION 1 - PUBLIC EDUCATION AND OUTREACH 3 1.1 Permit Requirements (S5.C.1) 3 1.2 Planned Activites 3 SECTION 2 - PUBLIC INVOLVEMENT AND PARTICIPATION 5 2.1 Permit Requirements (S5.C.2) 5 2.2 Planned Activities 5 SECTION 3 - ILLICIT DISCHARGE DETECTION AND ELIMINATION 6 3.1 Permit Requirements (S5.C.3) 6 3.2 Planned Activities 6 SECTION 4 - CONTROLLING RUNOFF FROM CONSTRUCTION SITES 7 4.1 Permit Requirements (S5.C.4) 7 4.2 Planned Activities 8 SECTION 5 - POLLUTION PREVENTION AND OPERATIONS AND MAINTENANCE 9 5.1 Permit Requirements (S5.C.5) 9 5.2 Planned Activities 9 SECTION 6 - MONITORING AND ASSESSMENT 10 6.1 Permit Requirements (S8) 10 6.2 Planned Activities 11 CALENDAR OF NPDES PERMIT RELATED ACTIVITIES 2013 -2018 12 DEFINITIONS AND ACRONYMS 14 Page i City of Federal Way NPDES Phase II StorrrVater Management Program BACKGROUND In August 2012, the Washington State Department of Ecology (Ecology) released the final updated Western Washington Phase II Municipal Stormwater permit (NPDES permit) covering the City of Federal Way and 79 other medium and small cities in the Puget Sound area. Since Ecology issued the State's first round of municipal stormwater permits to Phase II cities in 2007, the region as a whole has made a lot of progress to improve local stormwater programs with the ultimate goal of improving water quality in Puget Sound. While there are several types of NPDES permits designed to protect our natural water resources from pollution, the municipal permit is intended to reduce the impacts from both point source (i.e. construction site runoff and illicit connections) and non -point source pollution carried by stormwater. Construction site run -off and non -point source pollution, such as oils and metals from cars, fertilizers and pesticides from lawns, soaps from car washes, and pet waste are major contributors to stormwater pollution and water quality degradation in our lakes, streams, wetlands and the Puget Sound. One of the major requirements under the Municipal NPDES Permit is that all affected cities create and implement a Stormwater Management Program which addresses the required permit elements: 1) Public Education and Outreach, 2) Public Involvement and Participation, 3) Illicit Discharge Detection and Elimination, 4) Construction Site Run -Off 5) Operations and Maintenance of Stormwater Facilities, and 6) Monitoring and Assessment. The initial 5 year permit issued by Ecology in 2007 expired in February of 2012. Before Ecology could issue an updated permit with additional new requirements, the Washington State Legislature enacted Senate Bill 6406 to give cities fiscal relief during a period of economic downturn by delaying and/ or modifying certain regulatory requirements. This law affected the re- issuance of an updated NPDES Permit that was scheduled for 2012. Instead, the bill required the Department of Ecology to: • Re -issue (without modifications) the 2007 -2012 permit for a period of one additional year to be effective from September 1, 2012 to August 1, 2013 and, • Re -issue the updated Phase II permit at the same time with a delayed effective date of August 2013. This permit has updated permit requirements and new deadlines to meet. The updated Phase II permit will be in effect from August 2013 to August 2018. The new 2013 -2018 permit includes significant changes to requirements related to low impact development (LID) regulations for new development and redevelopment and monitoring requirements for municipalities. Ecology included these requirements to address 2008 and 2009 rulings by the Pollution Control Hearing Board. The new LID requirements that are incorporated into the NPDES permit are based on input from a 2009 -2010 LID advisory group, informal public comments on preliminary draft requirements in May and June of 2011, and public comments on the draft permits. The updated permit requires the City to implement: • Site and subdivision standards including a hydrologic performance standard and a menu of approved LID best management practices to meet the new standards. Page 1 oft 8 City of Federal Way NPDES Phase II Stcnwater Management Program • Updated development codes to achieve LID goals of retaining vegetation and limiting paved areas. The City is required to adopt the LID site -scale standards and to update broader development codes by the end of 2016. Ecology has also revised the Stormwater Management Manual for Western Washington to incorporate the new LID standards. The City will be required to adopt either Ecology's revised manual or a manual that has been deemed equivalent. Federal Way currently uses the 2009 King County Surface Water Design Manual which is being updated to include the new LID standards. The 2013 -2018 Permit also includes new monitoring and assessment requirements. From 2008 to 2012, Ecology worked with a group of municipalities and other interested parties in Puget Sound to design a Regional Stormwater Monitoring Program (RSMP). The stakeholder group recommended that Ecology serve as the RSMP administrator for this permit term. This means each municipality will pay its share of costs to Ecology, who will then contract with other entities to perform the RSMP work. The regional monitoring program that Phase I and II cities will be funding includes: • Receiving water monitoring: Information will be collected on the status and trends in water quality, habitat, and biota in small streams and marine near shore areas affected by stormwater in the Puget Sound basin. • Program effectiveness: Regional studies of stormwater practices will be conducted to collect information that will be used to improve programs and future permit requirements. • Source identification: Permittees will develop an information repository that will serve as a tool to improve source control and reduce stormwater pollution. • Data management and analysis: The regional program monitoring data will be publicly accessible. Permittees will fund the data management and analysis. The permit does provide an option for individual monitoring for permittees who choose not to participate in the RSMP. The City is required to notify Ecology of its decision to either pay into the Regional Stormwater Monitoring Program or to conduct its own monitoring as detailed in the permit by December 31, 2013. Page 2 of 18 City of Federal Way NPDES Phase II Stimwater Management Program INTRODUCTION This document is a requirement of the NPDES permit and is updated annually by the City of Federal Way Surface Water Management Division (SWM). The Surface Water Management Program document generally describes the City's stormwater management program and outlines permit related activities planned for the upcoming year (2013). The information provided indicates how the City intends to meet specific requirements and deadlines and describes specific activities that are planned under each program component. The content in this document is based upon the permit requirements and is organized according to the program components: Section 1 Public Education and Outreach Section 2 Public Involvement and Participation Section 3 Illicit Discharge Detection and Elimination Section 4 Controlling Runoff from New Development, Redevelopment and Construction Sites Section 5 Pollution Prevention and Operation and Maintenance for Municipal Operations Section 6 Monitoring and Assessment SECTION 1- PUBLIC EDUCATION AND OUTREACH 1.1 Permit Requirements (S5.C.1) • Provide an education and outreach program that is designed to reduce behaviors and practices that contribute to or cause stormwater pollution. • Prioritize and address target audiences and subject areas listed in the permit based on stormwater issues important in Federal Way. • Study and measure the understanding and adoption of a targeted behavior change which resulted from one of the City's stormwater public education campaigns or projects by February2, 2016. Use the information to improve future programs. 1.2 Planned Activities The City of Federal Way Surface Water Management Division (SWM) maintains an active Public Education and Outreach Program. SWM uses a variety of approaches to inform residents and businesses about stormwater pollution prevention, stewardship opportunities, capital improvement projects, watershed planning, and maintenance activities. The program is consistently evolving and expanding to reach new audiences and cover additional pollution prevention and stormwater related topics. Staff documents and maintains records of all public education activities. A summary of the major public education activities planned for 2013 is provided below. Page 3 of 18 City of Fe eral Way NPDES Phase II Stowater Management Program • The major focus of SWM's 2013 Public Education and Outreach program will be the implementation and wrap up of the City's 2012 Municipal Stormwater Grant of Regional or Statewide Significance. The grant, awarded by the Department of Ecology, provided staff with the funding to develop a pilot stormwater educational package, Storming the Sound with Salmon, which includes a public display with an aquarium for raising salmon, and stormwater curriculum materials for 4th 5th and 6th grade. This year the program is being implemented in thirteen Federal Way elementary and middle schools. Federal Way will be packaging the program in a way that can be shared with other jurisdictions and school districts throughout the region. • A salmon releasing event will be planned for early spring as the culminating event of this year's Storming the Sound with Salmon project. The celebration will take place at the West Hylebos Wetlands park with the help of city staff, the school district, Earthcorp, Friends of the Issaquah Salmon Hatchery, Federal Way Historical Society, the Marine Science and Technology Center, and many more! • SWM will produce two quarterly newsletters (The Waterlog and The Lakeview) which cover a variety of topics on pollution prevention and general awareness of stormwater related issues. The newsletters are mailed to several hundred Federal Way residents, sent electronically to several hundred more via subscription, provided on the City's website, and are available to the public at City Hall. • SWM recently purchased 1000 curb markers and plans to coordinate with volunteer groups this summer to label storm drains at local elementary, middle, and high schools. The curb markers help increase public awareness of the environmental effects of dumping in storm drains and remind the public of the direct connection between storm drains and our surface waters. • Several volunteer events are planned for 2013. Events with the Federal Way Korean Youth Ecology group have been scheduled for February, March, April, and May and will include tree planting, invasive plant removal, trail maintenance, and stream clean up. A clean up of Redondo creek is also scheduled with Nautilus Elementary in June. • Salmon in City Hall has returned in 2013 with an improved public display. Three hundred Coho salmon are being raised in a 55 gallon tank in the public lobby of Federal Way City Hall. The display and educational materials highlight the relationship between people's everyday activities at home, stormwater, and the health of salmon. • In the fall, Surface Water Management will host a stormwater - related workshop as part of the City's new Green Living monthly workshop series. The specific topic has not been determined at this time but past workshop topics have included low impact development, natural yard care, building rain gardens, composting, and rainwater harvesting. • The City will continue to offer its "fish friendly" charity car wash program. The number of businesses and groups participating in this program consistently grows each year. Special kits, designed to divert wash water to the sanitary sewer system, are loaned out by the City at no cost. Page 4 of 18 City of Federal Way NPDES Phase II Stowater Management Program • Surface Water Management will continue to maintain and update a comprehensive website that provides the public with information on the NPDES permit, pollution prevention, storm system maintenance, stewardship opportunities, and much more. • Federal Way will participate in a regional Vehicle Leaks Campaign this spring. Staff will coordinate on- the - ground vehicle leak detection using specially designed kits provided by a Department of Ecology Grant received by King County. The reusable detection kit is designed to be used by volunteers and placed temporarily under vehicles (with owner's permission) to identify potential Teaks. The goal of the campaign is awareness; studies show that most car owners are unaware of leaks and are usually willing to repair leaks within 3 months of discovering a leak. • SWM is exploring ways to expand stormwater education in local businesses that have a high potential of creating stormwater contamination such as automotive repair shops, restaurants, and mobile carpet cleaners. ECOSS has received a grant to provide local business owners with spill kits and information related to Stormwater Best Management Practices and has expressed interested in working with businesses in Federal Way. ECOSS is a nonprofit organization that provides education, resources and technical assistance to businesses and communities in the Puget Sound region. • SWM staff participates in a number of regional forums that focus on stormwater education: WRIA 9 Watershed Ecosystem Forum and Management Committee, Puget Sound Partnership Ecosystem Coordination Board, STORM, EcoNet, and the South King County Stormwater Outreach Group. The City of Federal Way also actively promotes the regional stormwater education campaign Puget Sound Starts Here. SECTION 2 - PUBLIC INVOLVEMENT & PARTICIPATION 2.1 Permit Requirement (S5.C.2) • Provide the public with the opportunity to participate in the decision - making process involving the development and implementation of NPDES permit related activities and programs. • Make the Stormwater Management Program document and Annual Report available to the public, including posting on the City's website. 2.2 Planned Activities The City of Federal Way encourages residents and interested parties to participate in the decision making processes involving the implementation of the City's Stormwater Management Program (SWMP). Opportunities for public participation in the development of the Stormwater Management Program in 2013 will be available through the following venues: Page 5of18 City of Federal Way NPDES Phase II Sto%water Management Program • The quarterly Surface Water Management newsletter, The Waterlog, is used to raise awareness of the Permit requirements, update the public on the development of the SWMP and solicit comments. • The City's Surface Water Management webpage provides a general description of the Permit describes the progress on the development of the SWMP and displays the updated SWMP and the Annual Reports as they become available. Opportunity for public comment and participation is provided via e-mail. • The annual public meeting of the development, permitting and zoning stakeholders (i.e. engineers, architects, developers, business owners, utilities and public school representatives) is used to assess the City's permitting process as well as provide . updates on NPDES requirements. • An opportunity for participation in the development of SWMP is available to City residents through Land Use and Transportation Committee meetings. The committee reviews many of the programmatic and policy changes proposed under the SWMP and allows public comment on all of their agenda items. • City Council reviews and approves many of the programmatic and policy changes related to the Stormwater Management Program. Public comments are accepted during all City Council meetings. SECTION 3 — ILLICIT DISCHARGE DETECTION & ELIMINATION 3.1 Permit Requirements (S5.C.3) • Maintain and update the City's municipal storm sewer map. • Enforce the City's ordinance which prohibits non - stormwater discharges, spills, illicit connections, and illegal dumping into the stormwater system. Publicize a number for public reporting of spills and other illicit discharges and conduct investigations to identify potential violations. • Conduct field screening for illicit discharges and connections of 40% of the municipal separate stormwater sewer system by December 31, 2017, and on average, 12% each year thereafter. • Provide training as needed for staff to perform program related activities. 3.2 Planned Activities The City of Federal Way maintains an active Illicit Discharge Detection and Elimination program designed to identify and remove prohibited discharges and illicit connections to the City's stormwater system. Page 6 of 18 City of F deral Way NPDES Phase II Stowater Management Program • SWM maintains a comprehensive map of its municipal separate storm sewer system which includes all known storm sewer outfalls, receiving waters, and municipal structural stormwater Best Management Practices. The map will continue to be updated to reflect new connections and changes based on field verification through SWM's video inspection program in 2013. • Federal Way will continue to enforce Ordinance 09 -619 which effectively prohibits all of the categories of non - stormwater discharges listed in the Permit and includes escalating enforcement procedures and actions pursuant to those outlined in Federal Way Revised City Code 16.45, 16.50, and 16.55. • SWM staff participated in a follow up training session in January 2013. Staff reviewed the nature and environmental threat posed by illicit discharges, tips on identifying and tracing the source of discharges, and procedures for notification of appropriate authorities. Training will continue to be offered as needed. • Staff will begin documenting the methods and procedures for conducting and tracking field screening of the MS4 which is required by the end of 2017. The focus will be to coordinate the efforts and record keeping of several staff who already conduct field screening as part of SWM's maintenance, private inspection, Illicit Discharge Detection and Elimination program, and camera inspection programs. • The City's Public Works Department main number (253- 835 -2700) will continue to be publicly listed for reporting spills and illicit discharges. After normal business hours, the public can report stormwater pollution to the city's call service at (800) 400 -0749. The report is then be forwarded to on -call City staff. The phone numbers are publicized on the web, in newsletters, brochures, and many other educational materials. SECTION 4 CONTROLLING RUNOFF FROM CONSTRUCTION SITES 4.1 Permit Requirements (S5.C.4) • Enforce the City's ordinance that addresses runoff from new developments, redevelopment and construction sites. • Review all stormwater site plans for proposed development activities. • Inspect all permitted development sites prior to clearing and grading, during construction, and upon completion to verify proper installation and maintenance of required erosion and sediment controls. • Establish and ensure long -term operation and maintenance responsibilities of permanent stormwater control facilities. Page 7 of 18 City of Federal Way NPDES Phase II Stclnwater Management Program • Adopt updated stormwater designs standards that are equivalent to the Department of Ecology's 2012 Stormwater Management Manual for Western Washington by December 31, 2016. • By December 31, 2016 revise City development codes to make low impact development techniques the mandatory approach to stormwater management. Provide training for staff on new and revised regulations, standards, processes and procedures. 4.2 Planned Activities The City of Federal Way recognizes that construction site run -off is a major contributor to water quality degradation in the greater Puget Sound region. To address this issue and to better protect our natural waterways, the City's current construction site run -off program exceeds the minimum requirements of the current Permit in many respects. However, the updated 2013- 2018 permit will require the City to make significant changes to local development- related codes, rules, and standards in order to incorporate and require LID principles and Best Management Practices. This year there are no required changes to the program but staff will be engaged with regional forums and other Phase II municipalities preparing to make the transition to low impact development. • In 2013 the City will continue to implement the 2009 King County Surface Water Design Manual as currently allowed in the permit. Maintenance standards for private stormwater systems are established in Appendix A. • For all construction related projects in the City, pre - construction inspections will be conducted with the contractor to review initial erosion control requirements. A minimum of two follow up erosion control inspections will be conducted by City inspection staff to ensure erosion control measures are being implemented and maintained throughout the project. Prior to final building permit approval of single - family, multi - family and commercial construction, a final erosion control inspection will be conducted. • Covenants are attached to all new developments with stormwater detention and flow control facilities at the time of final approval. The covenant allows access for inspection and requires long term operation and maintenance of stormwater facilities (FWRC 16.36.020 and 16.35.030). • Developments containing storm systems are encouraged to dedicate these stormwater facilities to the City at the time of final approval. The developer is required to maintain a two -year maintenance bond to ensure maintenance of these facilities during the first two years (most often the heaviest construction period) following final approval. Staff conducts inspections of these facilities during this period to enforce compliance with maintenance standards. The City takes over operation and maintenance of these facilities once the bond is released. • Records of inspections, violations, and enforcement activities are tracked through a database permit tracking system. Page 8 of 18 City of Federal Way NPDES Phase II Strwater Management Program • All staff responsible for implementing the program to control run -off from construction sites are trained to conduct these activities on an as needed basis. SECTION 5 POLLUTION PREVENTION, OPERATIONS & MAINTENANCE 5.1 Permit Requirements (S5.C.5) • Adopt updated maintenance standards that are as protective, or more protective, as those specified in the 2012 Stormwater Management Manual for Western Washington by December 31, 2016. . Perform annual inspections of municipally owned water quality treatment and flow control facilities and take appropriate maintenance actions according to currently adopted maintenance standards. Inspect facilities for potential damage after major storm events. • Inspect all catch basins owned by the City once by August 1, 2017 and every two years thereafter, or implement an alternative approach described in the permit. • Implement practices to reduce stormwater impacts associated with maintenance and operations of City streets, facilities, and properties. • Implement a Stormwater Pollution Prevention Plan for all heavy equipment maintenance or storage yards owned or operated by the City. • Develop and implement an ongoing training program for City staff whose job functions may impact stormwater quality. • Maintain records of inspections, maintenance, and training activities. 5.2 Planned Activities The City of Federal Way maintains a proactive and effective maintenance program of the City's drainage infrastructure, which includes catch basins, pipes, open channels, as well as residential and regional retention /detention facilities. Surface Water maintenance staff will continue to perform the required annual inspections and activities outlined in the permit in 2013. • SWM staff will inspect all known municipally owned or operated stormwater treatment and flow control facilities. Stormwater retention /detention ponds are currently inspected and maintained twice a year. Maintenance of facilities will be conducted consistent with the adopted standards. Page 9 of 18 City of Federal Way NPDES Phase II Stowater Management Program • The maintenance standards found in Appendix A of the 2009 King County Surface Water Design Manual will apply until the City adopts updated maintenance standards equivalent to the 2012 manual (required by December 31, 2016). • Facilities vulnerable to surface water related problems during major storm events will be inspected to ensure the systems are functioning properly, and to determine /conduct any maintenance or repair needs, • SWM has divided the stormwater infrastructure in the City into seven geographic circuits for the purpose of managing the inspection and maintenance of the City's 12,000 catch basins. This year, SWM's contracted vactor service will perform maintenance in the Campus and Lakota circuits. Catch basins in high use areas, such as main arterials, will also be cleaned. • SWM will continue to implement a comprehensive Conditional Assessment Program as a tool to proactively manage the stormwater system to prevent flooding, drainage problems and water quality problems. The camera inspection program supports several NPDES related activities (on -going comprehensive mapping of the system, evaluation of Best Management Practices, improving the ability to trace spills and identify illicit connections to the stormwater system). • Staff will implement practices and procedures that prevent stormwater impacts associated with pipe and culvert cleaning, ditch maintenance, street cleaning, road repair, snow and ice control, and maintaining roadside areas and vegetation. • The Stormwater Pollution Prevention Plan for the City's heavy equipment maintenance and storage yard will be implemented including periodic visual inspections of the facility to evaluate the effectiveness of the BMPs. • The City will provide on -going training as needed. • Records of inspections and maintenance or repair activities will be kept in accordance with the S9 Reporting Requirements of the Permit. SECTION 6 MONITORING & ASSESSMENT 6.1 Permit Requirements (S8) • Provide a description of any stormwater monitoring or stormwater - related studies conducted in the Annual Report. • By December 31, 2013 the City shall notify Ecology in writing which of the two options for status and trends monitoring the City chooses to carry out during the 2013 -2018 permit cycle. • Option 1 requires the City to pay into a collective fund to implement Regional Stormwater Monitoring Program (RSMP) small streams and marine Page 10 of 18 City of Federal Way NPDES Phase II Sto`twater Management Program nearshore status and trends monitoring in Puget Sound. The City of Federal Way's cost would be four annual payments of $21,673 (beginning August 15, 2014) for a total of $86,692 for the 2013 -2018 permit term. • Option 2 requires the City to conduct individual monitoring of eight small stream locations for water quality, benthos, habitat, and sediment chemistry (beginning July 31, 2014) and conduct mussel and bacteria monitoring at six qualified nearshore locations (beginning October 1, 2015). Monitoring would be required to follow an Ecology- approved Quality Assurance Project Plan and data is reported to Ecology. By December 31, 2013 the City shall notify Ecology in writing which of the two options for effectiveness studies the City chooses to carry out during the 2013 -2018 permit cycle. • Option 1 requires the City to pay into a collective fund to implement RSMP effectiveness studies. The City of Federal Way's cost would be four annual payments of $36,111 (beginning August 15, 2014) for a total of $144,444 for the 2013 -2018 permit term. • Option 2 requires the City to conduct stormwater discharge monitoring in accordance with Appendix 9 of the 2013 -2018 Permit. The City of Federal Way would be required to conduct stormwater monitoring at three stormwater discharge locations. Flow monitoring would be required by October 1, 2014 and full stormwater discharge monitoring would be required to begin no later than October 1, 2015. • The City is required to pay into a collective fund to implement the RSMP Source Identification Information Repository. The City must pay $3,349 annually beginning August 15, 2014. 6.2 Planned Activities • Surface Water Management and City staff will evaluate the two options for small streams and marine nearshore status and trends monitoring and notify Ecology which option the City of Federal Way chooses to perform by the end of 2013. • Surface Water Management and City staff will evaluate the two options for effectiveness studies and notify Ecology which option the City of Federal Way chooses to perform by the end of 2013. • A summary of current monitoring activities by the City will be provided in the Annual Report. Page 11 of 18 City of Federal Way NPDES Phase 1I Stoi?nwater Management Program CALENDAR OF NPDES PERMIT RELATED ACTIVITIES 2013 -2018 The timeline below provides an overview of the major activities and deadlines for implementing current and upcoming permit requirements. Frog r .. ,.. Component 2013 Ongoing Implementation 2014 2015 2016 2t3't7 Jars July 31, 2018 A. Stormwater Management Plan Continue to track costs and permit related activities. Update the SWMP annually. By March 31: Include description of internal coordination in annual report. C.1 Public Education & Outreach Continue public education program and create stewardship opportunities. Measure change in behavior for 1 target audience. By February 2: Use measure of behavior change to improve program. C.2 Public Involvement Continue to provide opportunities for the public to participate in SWMP decision -mak ng. Post online annual reports and SWMP Plan for previous calendar year by March 31st of each year. C.3 Illicit Discharge Detection & Elimination Continue implementing IDDE program. Provide municipal staff training. Maintain map of MS4. By Dec 31: Field screen at least 40 %0 of MS4. By Feb 2: Update ordinance if needed. Field screen 12% of MS4. C.4.a -f Control Runoff from Development Continue to C implement program addressing construction /post- construction runoff. By Dec 31: Update City code to revised Appendix 1 standards. Revise development codes to make LID the preferred approach. By March 31: Submit a summary of the review & revision of City codes. Achieve at least 80% of scheduled inspections. C.5 Municipal Pollution Prevention, Operation & Maintenance Continue MS4 maintenance and inspections and provide staff training. By Dec 31: Update maintenance standards to revised manual /cod e standards. By August 1: Inspect all catch basins or document altematives if used. S8.A Continue to provide description in each annual report of stormwater monitoring or stormwater- related studies conducted. Page 12 of 18 City of Federal Way NPDES Phase II Stonwater Management Program S8.B Status & Trends Monitoring By Dec 31: Notify Ecology which option selected for status and trends monitoring. Option 1: By Aug 15 Pay annual payments to RSMP. Option 2: By July 31 Begin stream monitoring. Oct 1: Begin monitoring marine near shore. Annual reporting per Ecology approved QAPP. C. Effectiveness Monitoring By Dec 31: Notify Ecology which option selected for effectiveness monitoring. Option 1: By Aug 15 Pay annual payments to RSMP. Option 2: By Feb 2 Submit QAPP to Ecology. By Oct 1: Begin flow monitoring. Oct 1: Stormwater monitoring program fully implemente d. Annual reporting per Appendix 9. S8.D Source ID & Diagnostic Monitoring By Aug 15: Pay annual payments to RSMP. Page 13 of 18 City of Federal Way NPDES Phase Il Stcwater Management Program DEFINITIONS & ACRONYMS This section includes definitions for terms used in the body of the permit, the SWMP, and the Annual Report. Best Management Practices are the schedules of activities, prohibitions of practices, maintenance procedures, and structural and /or managerial practices approved by Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. BMP means Best Management Practice. Circuit means a portion of a MS4 discharging to a single point or serving a discrete area determined by traffic volumes, land use, topography or the configuration of the MS4. Component or Program Component means an element of the Stormwater Management Program listed in S5 Stormwater Management Program for Cities, Towns, and Counties or S6 Stormwater Management Program for Secondary Permittees, S7 Compliance with Total Maximum Daily Load Requirements, or S8 Monitoring of this permit. CWA means Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub.L. 92 -500, as amended Pub. L. 95 -217, Pub. L. 95 -576, Pub. L. (6 -483 and Pub. L. 97 -117, 33 U.S.C. 1251 et.seq). Ecology refers to the Washington State Depart of Ecology. EPA means the U.S. Environmental Protection Agency. Ground water means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. Refer to chapter 173 -200 WAC. Heavy equipment maintenance or storage yard means an uncovered area where any heavy equipment, such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers are washed or maintained, or where at least five pieces of heavy equipment are stored on a Tong -term basis. Illicit connection means any infrastructure connection to the MS4 that is not intended, permitted or used for collecting and conveying stormwater or non - stormwater discharges allowed as specified in this permit (S5.C.3 and S6.D.3). Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4. Page 14 of 18 City of Federal Way NPDES Phase II Stc�i4nwater Management Program Illicit discharge means any discharge to a MS4 that is not composed entirely of stormwater or of non - stormwater discharges allowed as specified in this permit (S5.C.3 and S6.D.3). Impervious surface means a non- vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A nonvegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking Tots or stormwater areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. LID means Low Impact Development. Low Impact Development means a stormwater and land use management strategy that strives to mimic pre- disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on -site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. Low impact development best management practices means distributed stormwater management practices, integrated into a project design, that emphasize pre- disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention /rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, vegetated roofs, minimum excavation foundations, and water re -use. MS4 means municipal separate storm sewer system. Municipal Separate Storm Sewer System means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of Washington State. (ii) Designed or used for collecting or conveying stormwater. (iii) Which is not a combined sewer; (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2.; and (v) Which is defined as "large" or "medium" or "small" or otherwise designated by Ecology pursuant to 40 CFR 122.26. Page 15 of 18 City of Federal Way NPDES Phase II Sto ► water Management Program National Pollutant Discharge Elimination System means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington Department of Ecology. NPDES means National Pollutant Discharge Elimination System. Outfall means point source as defined by 40 CFR 122.2 at the point where a discharge leaves the MS4 and discharges to waters of the State. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e. culverts). Permittee unless otherwise noted, the term "Permittee" includes city, town, or county Permittee, Co- Permittee, New Permittee, Secondary Permittee, and New Secondary Permittee. Physically Interconnected means that one MS4 is connected to another storm sewer system in such a way that it allows for direct discharges to the second system. For example, the roads with drainage systems and municipal streets of one entity are physically connected directly to a storm sewer system belonging to another entity. QAPP means Quality Assurance Project Plan. Qualified Personnel means someone who has had professional training in the aspects of stormwater management for which they are responsible and are under the functional control of the Permittee. Qualified Personnel may be staff members, contractors, or volunteers. Quality Assurance Project Plan means a document that describes the objectives of an environmental study and the procedures to be followed to achieve those objectives. RCW means the Revised Code of Washington State. Receiving waters means bodies of water or surface water systems to which surface runoff is discharged via a point source of stormwater or via ,sheet flow. Receiving waters may also be ground water to which surface runoff is directed by infiltration. Redevelopment means, on a site that is already substantially developed (i.e., has 35% or more of existing hard surface coverage), the creation or addition of hard surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity; and land disturbing activities. Refer to Appendix 1 for a definition of hard surfaces. Page 16 of 18 City of Federal Way NPDES Phase II Stoiwater Management Program Regional Stormwater Monitoring Program means, for all of western Washington, a stormwater- focused monitoring and assessment program consisting of these components: status and trends monitoring in small streams and marine nearshore areas, stormwater management program effectiveness studies, and a source identification information repository (SIDIR). The priorities and scope for the RSMP are set by a formal stakeholder group. For this permit term, RSMP status and trends monitoring will be conducted in the Puget Sound basin only. Regulated Small Municipal Separate Storm Sewer System means a Municipal Separate Storm Sewer System which is automatically designated for inclusion in the Phase II stormwater permitting program by its location within an Urbanized Area, or by designation by Ecology and is not eligible for a waiver or exemption under S1.C. RSMP means Regional Stormwater Monitoring Program. Runoff is water that travels across the land surface and discharges to water bodies either directly or through a collection and conveyance system. See also "Stormwater." SIDIR means Source Identification Information Repository. Significant contributor means a discharge that contributes a loading of pollutants considered to be sufficient to cause or exacerbate the deterioration of receiving water quality or instream habitat conditions. Source control BMP means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The SWMMWW (2012) separates source control BMPs into two types. Structural Source Control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational BMPs are non - structural practices that prevent or reduce pollutants from entering stormwater. See Volume IV of the SWMMWW (2012) for details. Stormwater means runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow. Stormwater Associated with Industrial and Construction Activity means the discharge from any conveyance which is used for collecting and conveying stormwater, which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant, or associated with clearing, grading and /or excavation, and is required to have an NPDES permit in accordance with 40 CFR 122.26. Stormwater Management Program means a set of actions and activities designed to reduce the discharge of pollutants from the MS4 to the MEP and to protect water quality, and comprising the components listed in S5 (for cities, towns and counties) or S6 (for Secondary Permittees) of this Permit and any additional actions necessary to meet the requirements of applicable TMDLs pursuant to S7 Compliance with TMDL Requirements, and S8 Monitoring and Assessment. Page 17 of 18 City of Federal Way NPDES Phase II Stnwater Management Program Stormwater Treatment and Flow Control BMPs /Facilities means detention facilities, treatment BMPs /facilities, bioretention, vegetated roofs, and permeable pavements that help meet Appendix 1 Minimum Requirements #6 (treatment), #7 (flow control), or both. SWMMWW means Stormwater Management Manual for Western Washington (2005). SWMP means Stormwater Management Program. Water Quality Standards means Surface Water Quality Standards, chapter 173 - 201A WAC, Ground Water Quality Standards, chapter 173 -200 WAC, and Sediment Management Standards, chapter 173 -204 WAC. Waters of the State includes those waters as defined as "waters of the United States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and "waters of the state" as defined in chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and water courses within the jurisdiction of the State of Washington. Page 18 of 18 City of Federal Way NPDES Phase II Stowater Management Program COUNCIL MEETING DATE: March 19, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: 2013 Asphalt Overlay Project Bid Award POLICY QUESTION: Should the Council award the 2013 Asphalt Overlay Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 4, 2013 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution 0 [ �, /Other STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Director DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum, dated March 4, 2013. Options Considered: 1. Award Schedules B, C, D and E of the 2013 Asphalt Overlay Project to Tucci and Sons, Inc. the lowest responsive, responsible bidder, in the amount of $1,452,877.00 and approve a 3.24% contingency of $47,051.00, for a total of $1,499,928.00, and authorize the Mayor to execute the contract. 2. Reject all bids for the 2013 Asphalt Overlay Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 19, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: Commi = - Council DIRECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION: Place Option 1 on the March 19, 2013 Council Consent Agenda for approval. Bob Celski, Chair Jeapne Burbid : e, Member Diana Noble - Gulliford, Member PROPOSED COUNCIL MOTION: "I move to award Schedules B, C, D and E of the 2013 Asphalt Overlay Project to Tucci and Sons, Inc. the lowest responsive, responsible bidder, in the amount of $1,452,877.00 and approve a 3.24% contingency of $47,051.00, for a total of $1,499,928.00, and authorize the Mayor to execute the contract." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLEP /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 02/06/2006 59 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor �� FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Managementl� - Jeff Huynh, Street Systems Engineer SUBJECT: 2013 Asphalt Overlay Project - Bid Award BACKGROUND: Six bids were received and opened on February 13, 2013 for the 2013 Asphalt Overlay Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Tucci and Sons, Inc., with a total bid of $1,888,059.73. AVAILABLE FUNDING: The available budget for the 2013 Asphalt Overlay Project is $1,779,796.00 and is comprised of the following: • 2013 Proposed Overlay Budget • 2013 Structures Budget • 2012 Carry Forward (estimate) • Budget transfer from the Annual Transportation System Safety Improvements Fund. (Approved in the 2013/2014 Adopted budget) TOTAL PROGRAM FUNDING AVAILABLE: $ 1,484,000 $ 166,267 $ $79,529 $ 50,000 $ 1,779,796 ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the low bid: SCHEDULE DESCRIPTION AMOUNT A ** SW 356th Street — City limit to 15th Ave SW $ 435,183 B Adelaide Park $ 311,581 C West Campus Office Park $ 406,763 D S 348th Street — 9th Ave S to 3rd Ave S $ 332,713 E SW 320th Street — 30th Ave SW to 21st Ave SW $ 401,820 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $1,888,060 • 5 % Construction Contingency $ 94,403 • Pavement Management System $ 50,000 • In -house Design $ 60,000 • Construction Administration $ 100,000 • City's Administrative Fee $ 66,368 • Printing and Advertising $ 3,500 ESTIMATED TOTAL PROGRAM COST: $2,262,331 ** Due to budget shortfall Schedule A will not be recommended for Award at this time 60 There is not enough available Asphalt Overlay program funding to award all of the 2013 Asphalt Overlay Project schedules. Therefore, staff recommend awarding Schedules B, C, D and E of the 2013 Asphalt Overlay Project to Tucci and Sons, Inc., the lowest responsive, responsible bidder, in the amount of $1,452,877.00 and approve a 3.24% contingency of $47,051 (balance of available program funding), for a total of $1,499,928 and authorize the Mayor to execute the contract. If project funding allows, staff recommends approving adding all or a portion of Schedule "A" back into the contract with the understanding that the total cost will not exceed the total funding available for this program. • Awarded Schedules (B, C, D & E) $ 1,452,877 • 3.24% Construction Contingency $ 47,051 • Pavement Management System $ 50,000 • In -house Design $ 60,000 • Construction Administration $ 100,000 • City's Administrative Fee $ 66,368 • Printing and Advertising $ 3,500 ESTIMATED TOTAL AUTHORIZED COST: $ 1,779,796 k: \lutc\2013 \03 -04 -13 2013 Asphalt Overlay Project Bid Award.doc 61 Y! 1 A p 522,755.56 530,800.00 $2,200.00 86.880.00 " $275.001 $2,734.00 $22.590.00 $164,340.00 888 OOH °.8888 8 bO 88 Mgi " $1 /323.84 $1.750.00 8900 nn AOO.." 88NOS g ,,,, O� ~ ~ $1,000.00 $652.00 $9,240.00 $210.00 OD $141,900.00 530,800.00 8 8 H $350.00 $4,800.00 8 88 8NN M ~ »~Y~M a' 8 88880 0 888N f9 ~ YS88 »~wa» 8e8888889888888888889889888 »ss° ^o AAA „ »^w R82 2248 � 889828 i8aRaEA " ~ 88z88888888.98898 �.B °o� A«y "~ AA88 " Aa 1 Bid 6 Watson Asphalt Paving Co., Inc. 1 Z � o $ 81 gs~M 8 ~ g 8 8 58 8 8 § N a N $ 88H°88 §1B$°8QM 3 " .,» » 8 » H 8 8 °°4 A N A " O °°� E p, ~ » » $oyo wA , ° A A A 88 S °°HY , A °°ry° ° eji » F a ,ocu.uu $15,584.00 OO8” n 88$ mi$3gog 8888 » 8 8 n 8888 p's » °' 2 ° 8 a 888Ps8888 §EEPE a °88g88,888888888388889 SEAM " ° A«gAI- aaa S4EgEA2A8' ~ °888 a" 888HS8s88888$888888888H8888 8AyA « Y, °Ay 9x ~ g A Y« Aya AA" - /V- 11 �J(F 1111'"' E 888$ s §s§��« MR 5588 ri§§FbyR��yg���I��y 888$88888888H88HN8888888885� A M A «A $�.�r3t_�VtgV�RI� »A » ~ AA ♦���p��� sag ° $999 o o 8�t�V8 tN1 y~» Yf 885= � .•-�aa aN Yt 888888888888 o =..Sa�Y���855���jlaas- .�ryM ~ M e ° -° 88888 ~ » ° �q BA 88HnO gliaaga $1�$$8$H8$8$$8$$$$$8888$8$88$ ilff 1g §A §« O p»s i8 :8$$$$$$8$888$4 A ,N »M » «x880» $888 gIi$- - -P88- =x54.. 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Covington, WA _ 88808 1 §828= 888$$888828888$8 al figFmr } Wy W wy yW 7 r > > 888 MiNN gil- 8488888 IL N ap 06SLe$ 00'o5LS 4W$$§1. M »NYM 88288 xpS$ » »» 8888 a:4 51,450.00 $2,080.00 BW2 Mies Resources, LLC Pus/Niue, WA 288 1 Mi 088 a -8 »a:: "88g8882888x288288 WM42 ad ,1» 22131 & 1 240.00 $2,200.00 8x $a 8 $18,870.001 0500.00 888= g_ fix" 8888888888888888 11§§§§gampRER aggaa erg» 4a»» cc 1r 888 §ilia: a - .8_8828 21 -g8gg88888882888888 111§ as §114n2"al 1 1 8 y 8831 I I LLJ U N lYq 1614«1�1t15 uJ�y n e 0ipI0 QQQ N -tw0cY -N 11111qm SCHEDULE E • SW 320T11 ST (21ST AVE SW TO 30111 AVE SW) !Mobilization lb! 5 CSTC for Pavement Rsoaa A Roadway Widening, Incl. Hard Planing of Stuminous Pavement r i - ` 1 /1 � illli 1I1I' ;11I1111)11)31i 1 0 ir --v..,1.0 N NON0 00"NNNNNN COUNCIL MEETING DATE: March 19, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: 21" Avenue Southwest at Southwest 336th Street Intersection Improvements Project — Lakehaven Utility District Design and Construction Interlocal Agreement POLICY QUESTION: Should the Council authorize the Mayor to sign the 21' Avenue Southwest at Southwest 336th Street Intersection Improvements — Lakehaven Utility District Design and Construction Interlocal Agreement? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 4, 2013 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution 0 Other/ STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Director EPT: Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated March 4, 2013. Options Considered: 1. Authorize the Mayor to sign the 21" Avenue SW at SW 336th Street Intersection Improvements — Lakehaven Utility District Design and Construction Interlocal Agreement. 2. Do not authorize the Mayor to sign the Interlocal Agreement, and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the March 19, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: C /!m Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the March 19, 2013 City Council Consent Agenda for approval. Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to sign the 21' Avenue SW at SW 336th Street Intersection Improvements — Lakehaven Utility District Design and Construction Interlocal Agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 02/06/2006 65 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and E gency Management Marwan Salloum, P.E., Deputy Public Works Director SUBJECT: 21St Avenue Southwest at Southwest 336"' Street Intersection mprovements - Lakehaven Utility District Interlocal Agreement mok BACKGROUND: The 21st Avenue Southwest at Southwest 336th Street Intersection Improvements project will construct dual left - turn lanes eastbound and westbound and a right —turn lane westbound. This project also includes access control along SW 336th Street and will install a new traffic signal west of the intersection to allow for left turn access into the businesses north and south of the roadway. Additional work will include storm drainage, paving, curb, gutter, sidewalk, street lighting, signing, channelization, and landscaping. One consequence of the project is that Lakehaven Utility District water mains must be relocated to avoid conflicts with project storm sewer facilities. Lakehaven has determined that relocating its water main would be cost prohibitive both financially and in terms of public inconvenience. Lakehaven has agreed to reimburse the City to redesign the project storm sewer system and pay for the resulting construction cost differential in an effort to reduce both cost and extended public disruption of the area. A copy of the proposed agreement is attached to this memo. Per the attached Interlocal Agreement, Lakehaven will reimburse the City for all costs associated with the redesign the project storm sewer system and the resulting construction cost differential. The total estimated cost which the City will bill to Lakehaven is estimated at $33,764.69. The final cost will be based on actual bid prices and quantities installed. The attached Interlocal Agreement shows the methodology used to calculate the design and construction cost to be billed to Lakehaven. K: \LUTC \2013 \03 -04 -13 21st Ave SW at SW 336th St Intersection InVovements - LUD Des - Constr ILA.doc Return to: City of Federal Way 33325 8th Avenue S Federal Way, WA 98003 -6325 Attn: Brian Roberts INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE 21sT AVENUE SW AT SW 336TH STREET INTERSECTION IMPORVEMENTS PROJECT THIS AGREEMENT is made and entered into this day of , 2013, 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 21st Avenue SW at SW 336th Street Intersection Improvements Project (hereinafter "Project "); and WHEREAS, the District provides water and sewer service in the general area of the Project in accordance with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, the City has designed the Project storm sewer system to 100 %; and WHEREAS, in connection with the roadway improvements being undertaken by the City, the District is required to relocate certain water facilities such as 8" diameter and 12" diameter water mains to resolve any waterline /storm sewer conflicts within the Project area; and WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local govemmental 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 by contracting with the City to perform certain services for the District, including revising the design of certain portions of the project storm sewer system to resolve conflicts with the District's waterline facilities, as described in Exhibits A and A -1 (hereinafter "Redesign "), and reimbursing the City for the construction cost differential for the revised storm sewer system as described in Exhibit B. The total cost of this agreement, including construction management and project administration is described in Exhibit C. 21St Ave SW at SW 336th St Page 1 February 2013 Intersection Improvements 67 NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. REDESIGN. The District agrees that the City's design contractor, CH2M Hill, shall perform redesign work of the storm sewer system to avoid conflicts with District water mains at the locations identified in Exhibit A for the Project. The District shall reimburse the City for the Redesign. The District shall review the revised storm sewer design for assurance of conflict resolution. Review comments, if any, shall not cause delay to the advertisement of the Project. II. CONSTRUCTION COST DIFFERENTIAL. Following opening of construction bids on the Project, THE City shall update Exhibit B to reflect actual bid unit prices received. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. Final costs billed to the District will be based on actual field measurements. III. CONTRACT ADMINISTRATION. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and /or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and /or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. IV. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the Redesign, the construction cost differential, and the District's cost of the City services described in Paragraph III herein, and as described in Exhibit C. B. All payments shall be due from the District to the City within thirty (30) days after approval by the District's General Manager or his /her designee of said sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold 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 City, 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, 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 21St Ave SW at SW 336th St Page 2 February 2013 Intersection Improvements 68 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 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. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until the City Council accepts the completion of the project. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to the District for any final payment due. 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 both Parties. D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City accepts the Project and may be extended for additional 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. E. , Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. 21St Ave SW at SW 336th St Page 3 February 2013 Intersection Improvements 69 IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY Skip Priest, Mayor 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -2410 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney ATTEST: Carol McNeilly, CMC, City Clerk LAKEHAVEN UTILITY DISTRICT John Bowman, General Manager 31627 1st Avenue South PO Box 4249 Federal Way, WA 98063 -4249 (253) 946 -5401 APPROVED AS TO FORM: General Counsel, Steven H. Pritchett 21st Ave SW at SW 336th St Page 4 February 2013 Intersection Improvements 70 Exhibit A -1 City of Federal Way 21St Ave SW @ SW 336th St/SW Campus Dr Intersection Improvement Project CH2M HILL, Inc. Scope of Work Amendment #3 Description: The City has directed the Consultant to revise the design of the proposed storm drain system to avoid conflicts with Lakehaven Utility District water lines. Conflicts between the storm drain system and the existing waterlines were discovered after receipt of pothole data just prior to completion of the 100% plan set. Eight (8) conflict locations were identified: B 209 +80 RT, 12 "W A 338 +00 LT, 12 "W A 339 +10 LT, 12 "W A 339 +20 LT, 12 "W A 339 +50 LT, 12 "W A 341+25 LT, 12 "W A 342 +30 LT, 8 "W A 343 +95 LT, 12 "W In addition the City has directed the Consultant to revise the design of the proposed water quality vault and associated piping east of 19th Ave SW. The purpose of the redesign is to avoid the relocation of the existing water mains within the location of the proposed vault. The vault is to be placed against the right of way, centered between the Lakehaven Utility District (LUD) sanitary sewer line and the City 36" storm sewer line. If there is insufficient clearance of the sanitary sewer in this configuration, then the vault may be rotated 90 degrees and shifted all or part into the existing drainage easement, with the west vault wall abutted against the west drainage easement line. Scope: The Consultant will modify the current storm system design to avoid conflicts with the existing waterlines. Modifications may include lowering the storm drain main line, lowering the lateral lines or a combination of both. In some instances catch basins currently designed as Type 1 will need to be upsized to a Type 2 structure to accommodate the deeper pipe runs, upsizing pipe may be needed. The following are the expected adjustments to be designed: 21St Ave SW at SW 336th St Page 5 February 2013 Intersection Improvements 71 Exhibit A -1 Location, Facility Proposed Adjustment B 209 +80 RT, 12 "W Adjust mainline storm drain profile down. A 338 +00 LT, 12 "W Adjust lateral and mainline profiles down. Deepen proposed structure and upsize catch basins to Type 2, as needed. A 339 +10 LT, 12 "W Delete Structure and reroute wall drain to nearest catch basin to the east A 339 +20 LT, 12 "W Adjust mainline profile down. A 339 +50 LT, 12 "W Adjust lateral profile up. Change pipe material from concrete to ductile iron. A 341 +25 LT, 12 "W Adjust mainline profile down. Relocated the storm main to the roadway, add an inlet at the curb and tie to the main trunk. A 342 +30 LT, 8 "W Adjust mainline profile down. A 343 +95 LT, 12 "W Adjust mainline profile down. Adjust mainline profile down upstream to pretreatment MH. Upsize catch basin to Type 2. It is anticipated that the adjustments to the storm drain system will entail revisions to two (2) plan sheets, two (2) profile sheets, and one (1) detail sheet. The Consultant will determine the differential construction costs between the 100% design and the modified design. The Consultant will revise the 100% construction cost estimate to reflect the added costs of the revised design. Consultant shall revise the layout of the water quality vault to allow LUD's existing 12" water main and service line to Cascade Ridge Apts to remain in place. The vault shall be relocated against the existing right of way line or if necessary, into the City's existing storm easement for Cascade Ridge Apts. Revised layout will be incorporated into the 100% construction documents. Assumptions: Lakehaven Utility District provided pothole data and valve nut measure down information is accurate and represents actual field conditions at the specific location measured. Where necessary depth of Lakehaven Utility District facilities has been interpolated from the pothole and measure down data. It is assumed that a straight line interpolation between data points is correct and best represents the horizontal and vertical location of LUD facilities. It is assumed that one round of review comments, consolidated comments from LUD and the City, will be incorporated into the design. The City has determined the City's existing storm easement (both on Cascade Ridge Apt. parcel) may be utilized for installation and operation and maintenance of the vault and related storm drainage systems. Vault working space requirements have been waived. 21St Ave SW at SW 336th St Page 6 February 2013 Intersection Improvements 72 Exhibit A -1 The design of the internal bypass weir geometry will be provided by the construction contractor's vendor via a contractor submittal. Deliverables: Revised plan layout (2 sheets), revised profiles (2 sheets), and detail (1 sheet). Differential Cost Estimate Revised Construction Cost Estimate 1 PDF sketch of the revised layout of the water quality vault for review 100% submittal: revised plan layout, revised profiles, new general details for the StormFilterTM water quality vault. 21st Ave SW at SW 336th St Page 7 February 2013 Intersection Improvements 73 Exhibit A-1 Revise Storm Drain to Avoid Wa na' 5 Staff Name:,' Matt Johnson Guy Caley Raymond Chung Kevin Whitehouse 8#II Rate $ 198.35.. $ 140.36 $ 124.02 $ 106.86 „ Task Name Total Moors Total Cost Engineering 8 12 20 $ 2,611.12 CADD 12 12 $ 1,282.32 Update storm drain capacity calcs 2 2 $ 248.04 Update Quantities and Cost 3 2 5 $ 669.12 Project Management 2 2 $ 396.70 Revise Water Quality Vault Layout 12 16 8 36 $ 4,523.52 2 23 32 20 77 $ 9,730.82 21st Ave SW at SW 336th St Page 8 Intersection Improvements February 2013 Exhibit B Construction Cost Differential Street IDID Unit Price Excavation Shoring Backlit Pre Firms L W D Vol Unit Cost L D Area UniE Cost Vat Unit Cost Structure Cost Other Cost ft ft it ay ft 8 of cf DR2-4 $ - $ (7A1) 4 4 -0.5 -0.30 15 -4.44 -0.15 20 -2.96 DR2 -5 $ - $ (7.41) 4 4 -0.5 -0.30 15 -4.44 -0.15 20 -2.96 DR3.1 $ 1,400.00 $ - - 1100 2500 0 6 1.8 0.00 15 0 DR3-2 $ 1,400.00 $ - - 1100 2500 0 6 1.8 0.00 15 0 DR3-3 $ 1,400.00 $ - -1100 2500 0 6 1 0.00 15 0 DR3-4 $ (300.00) $ - - 1100 800 0 4 -0.6 0.00 - 15 0 DR3-6 $ 1,200.00 $ - -1300 2500 0.00 15 0 -' DR4-1 $ 1,200.00 $ - - 1300 2500 0 6 • 1 0.00 1S 0 DR4-2 $ 1,200.00 $ - -1300 2500 0 6 0.6 0.00 15 0 DR3-12 $ (1,100.00) $ - -1100 0 0.00 15 0 DR3-13 $ 800.00 $ - 800 0.00 15 0 DR3-14 $ 2,500.00 $ - 2500 0.00 15 0 - DR4-6 $ 20.42 6 6 0.5 0.67 15 10 6 0.5 3 1.25 3.75 0.33 20 6.67' DR4-7 $ 145.19 14 17 0.5 4.41 15 66.11 14 0.5 7 5 35 2.20 20 44.07 PWE ID P2-4 $ 2,040.00 $ (168.43) -50 80 68 4 -0.5 -5.04 15 - 75.6 68 -0.5 -34 1.25 -42.5 - 2.52 20 -50.37 P2 -5 $ (60.93) -50 55 41 4 -0.3 -1.82 15 -27.3 41 -0.3 -12.3 1.25 -15.38 -0.91 20 -18.22 P3-1 $ 383.42 43 4 1.8 11.47 15 172 43 1.8 77.4 1.25 96.76 5.73 20 114.67 P3-2 $ 762.87 110 4 1.4 22.81 15 342.2 110 14 154 1.25 192.5 11.41 20 228.15 P3-3 $ 865.00 $ 942.69 -50 55 173 4 1.1 28.19 15 422.9 173 1.1 190.3 1.25 237.88 14.10 20 281.93 P3-6 $ 217.96 88 4 0.5 6.52 15 97.78 88 0.5 44 1.25 53 3.26 20 65.19 P4-1 $ 717.30 181 4 0.8 21.45 15 321.8 181 0.8 144.8 1.25 181 10.73 20 214.52 P4-2 $ 38.64 13 4 0.6 1.16 15 17.33 13 0.6 7.8 1.25 9.76 0.58 20 11.56 P4-6 $ 38.64 13 4 0.6 1.16 15 17.33 13 0.6 7.8 125 9.75 0.58 20 11.66 P47 $ 62.42 42 4 0.3 1.87 15 28 42 0.3 12.6 1.25 15.75 0.93 20 18.67 P3-14 $ 205.08 23 4 1.8 6.13 15 92 23 1.8 41.4 125 31.75 3.07 20 61.33 P3-13 $ 400.00 $ - 0 80 0.00 15 0 0 0 0 1.25 0 0.00 20 0.00 P3-4 $ 810.00 $ (80.25) -50 80 27 4 -0.6 -2.40 15 -38 27 -0.6 -162 1.25 -2025 - 1.20 20 -24.00 P3-5 $ - $ (74.31) 30 4 -0.5 -222 15 -33.3 30 -0.5 -15 1.25 -18.75 - 1.11 20 -22.22 $ 13,815.00 $ 3,135.89 1406 792 937.56 21st Ave SW at SW 336'h St Page 9 Intersection Improvements February 2013 Exhibit B Construction Cost Differential 1. All conflict resolutions are based on the waterline pothole information provided by Lakehaven, and interpretation of the pothole data where there is no pothole performed near the conflict 21st Ave SW at SW 336th St Page 10 February 2013 Intersection Improvements Pre -100% Design Final Design Struct ID STRUCTURE TYPE STRUCTURE TYPE Depth Changes Estenated Cost Changes DR2-4 CB Type 1 CB Type 1 Raised 0.5' $ (7.41) DR2 -5 CB Type 1 CB Type 1 Raised 0.5' $ (7.41) DR3-1 CB Type 1 CB Type 2, 48" Lowered 1.8' $ 1,400.00 DR3-2 CB Type 1 GB Type 2, 48" Lowered 1.8' $ 1,400,00 DR3-3 CB Type 1 CB Type 2, 48" Lowered 1.0' $ 1,400.00 083-4 CB Type 1 Concrete Inlet Raised 0.6' $ (300.00) DR3-6 CB Type 11 CB Type 2, 48" Lowered 0.0' $ 1,200.00 DR4 -1 CB Type 11 CB Type 2, 48" Lowered 1.0' $ 1,200.00 DR4 -2 CB Type 1L CB Type 2, 48" Lowered 0.6' $ 1,200.00 DR3-12 CB Type 1 Removed $ (1,100.00) DR3-13 None Concrete Inlet $ 800.00 DR3-14 None CB Type 2, 48" $ 2,500.00 DR4 -6 Pre - Treatment Unit Lowered 0.5' $ 20.42 DR4 -7 Sto mfilter Vault Lowered 0.5' $ 145.19 ME 10 LENGTH SIZE man. TH SIZE MATT P2-4 68LF 12" Conc 68LF 17' DIP Raised 0.5' $ 1,871.57 P2 -5 41LF 12" Conc 41LF 12" Conc Raised 0.3' 5 (60.93) P3 -1 43LF 12" Conc 431F 12" Conc Lowered 1.8' $ 383.42 P3-2 110LF 12° Conc 110LF 12" Conc Lowered 1.4' $ 762.87 P3-3 173LF 12" Conc 173LF 18" Conc Lowered 1.1' $ 1,807.69 P3-6 88LF 18" Conc 88LF 18" Conc Lowered 0.5' $ 217.96 P4 -1 181 LF 18" Conc 181 LF 18" Conc Lowered 0.8' $ 717.30 P4 -2 13LF 18" Conc 13LF 18" Conc Lowered 0.6' $ 38.64 P4-6 13LF 18" Conc 13LF 18" Conc Lowered 0.6' $ 38.64 P4 -7 42LF 18" Conc 42LF 18" Conc Lowered 0.3' $ 62.42 P3 -14 23LF 12" Conc 23LF 17 Conc Lowered 1.8' $ 205.08 P3-13 None 5 LF 17 DIP $ 400.00 P3-4 271F 12" Conc 27LF 17 DIP Raised 0.6' $ 729.75 P3-5 30LF 12" DIP 30LF 12" DIP Raised 0.5' $ (74.31) Notes: Subtotal $ 16,950.89 Mobilization (8%) Total $ 1,356.07 $ 18,306.96 1. All conflict resolutions are based on the waterline pothole information provided by Lakehaven, and interpretation of the pothole data where there is no pothole performed near the conflict 21st Ave SW at SW 336th St Page 10 February 2013 Intersection Improvements Exhibit C Estimated Costs 21st Avenue SW at SW 336th Street Intersection Improvements ESTIMATED REDESIGN, CONSTRUCTION DIFFERENTIAL, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR LAKEHAVEN UTILITY DISTRICT ESTIMATED REDESIGN COST Estimated design costs from Exhibit A -1 $9,730.82 ESTIMATED CONSTRUCTION COST DIFFERENTIAL Subtotal Construction from Exhibit B $18,306.96 Construction Contingency (10% of Construction cost.) $1,830.70 Construction Management (12.5% of Construction cost.) $2,288.37 ESTIMATED TOTAL CONSTRUCTION COST $22,426.03 ESTIMATED PROJECT COST (Redesign & Construction) $32,156.85 Project Administration (5% of project cost) $1,607.84 TOTAL ESTIMATED COST $33,764.69 Note: Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's reimbursement to the City. K: \STREETS \PROJECTS \SW336th Street @ 21st Ave SW \Design \Utilities \LUD\21 st SW @ SW 336th ILA Agreement.doc 21st Ave SW at SW 336th St Page 11 February 2013 Intersection Improvements 77 COUNCIL MEETING DATE: March 19, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: 21St Avenue Southwest at Southwest 336th Street Intersection Improvements Puget Sound Energy Relocation Agreement POLICY QUESTION: Should the Council authorize the Mayor to sign 215f Avenue Southwest at Southwest 336th Street Intersection Improvements Puget Sound Energy Relocation Agreement? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 4, 2013 CATEGORY: • Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ■! Othe STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Directo � • EPT: Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated March 4, 2013. Options Considered: 1. Authorize the Mayor to sign the 21' Avenue SW at SW 336th Street Intersection Improvements Puget Sound Energy Relocation Agreement. 2. Do not authorize the Mayor to sign the Puget Sound Energy Relocation Agreement, and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the March 19, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: 01 emmittCe Council Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the March 19, 2013 City Council Consent Agenda for approval. Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to sign the 21' Avenue SW at SW 336" Street Intersection Improvements Puget Sound Energy Relocation Agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 02/06/2006 78 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works an Emergency agement C Marwan Salloum, P.E., Deputy Public Works Director t�,�► SUBJECT: 215` Avenue Southwest at Southwest 336th Street Intersection Improvements - Puget Sound Energy (PSE) Relocation Agreement BACKGROUND: The 21st Avenue Southwest at Southwest 336th Street Intersection Improvements project will construct dual left -turn lanes eastbound and westbound and a right —turn lane westbound. This project also includes access control along SW 336th Street and will install a new traffic signal west of the intersection to allow for left turn access into the businesses north and south of the roadway. Additional work will include storm drainage, paving, curb, gutter, sidewalk, street lighting, signing, channelization, and landscaping. One consequence of the project is that PSE underground facilities must be relocated to avoid conflicts with project facilities. PSE has agreed to relocate their facilities into a joint utility trench. Most of PSE's underground facilities are located in private easements within the newly acquired right of way. Relocation of these facilities into the joint utility trench will be at the City's expense. The cost of some minor system safety upgrades is payable by PSE and will partially offset the relocation costs that the City must pay. Per the attached agreement, the City will reimburse PSE for all costs associated with the installation of new duct and vaults, less the system upgrades offset. The total estimated cost which the City will pay to PSE is estimated at $139,859.41. The final cost will be based on actual bid prices and quantities installed. The attached Relocation Agreement shows the methodology used to calculate the construction cost to be billed to the City. 79 FACILITY RELOCATION AGREEMENT This Agreement, dated as of , 2013, is made and entered into by and between Puget Sound Energy, Inc., a Washington corporation ( "PSE "), and The City of Federal Way, ( "Government Entity "). PSE and the Government Entity are sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECITALS A. PSE owns and operates certain utility systems and facilities necessary and convenient to the transmission and distribution of electricity ( "Facilities ") that are located on or in relation to certain operating rights ( "Existing Operating Rights "). The Facilities and Existing Operating Rights are more particularly described on Exhibit A attached hereto and incorporated herein by this reference. B. The Government Entity plans to construct improvements at the intersection of 21st Avenue Southwest at Southwest 336th Street ( "Improvements "). C. In connection with the Improvements, the Government Entity has requested that PSE perform certain engineering design work and certain construction work relating to modification or relocation of its Facilities (the "Relocation Work "), all in accordance with and subject to the terms and conditions of this Agreement, and any applicable tariff on file with the Washington Utilities and Transportation Commission (the "WUTC "). PSE will also design and construct elective system upgrades in conjunction with the Relocation Work ( "System Upgrades" or collectively "Relocation and System Upgrades Work "). D. The Government Entity has determined that it is in the public interest to install all new duct and vault and wreck out of all abandoned duct and vault associated with the Relocation and Suystem Upgrades Work. PSE will install all cable, splices, transformers and other appurtenances necessary to complete the Relocation and system Upgrades Work, and wreck out the same from all abandoned systems. DE The Government Entity has provided to PSE a written plan for the Improvements (the "Improvement Plan") which includes, among other things, (a) plans and specifications sufficient in detail, as reasonably determined by PSE, for PSE to design and perform the Relocation and System UpgradesWork, including reasonably detailed drawings showing the planned Improvements, (b) a list of the key milestone dates for the Improvements, and (c) information concerning possible conflicts between PSE's Facilities and other utilities or facilities. .44 The Parties, therefore, agree as follows: AGREEMENT Section 1. Relocation and System Upgrades Work 1.1 Relocation and System Upgrades Work. The Relocation and System Upgrades Work (PSE Order # 101080382) is described in Exhibit B attached to this Agreement. The design plans are also attached and labeled Exhibit D. 1.2 Performance of Relocation and System Upgrades Work. Subject to the terms and conditions of this Agreement and any applicable tariffs on file with the WUTC, PSE and the Government Entityshall use reasonable efforts to perform the Relocation and System Upgrades Work. PSE and the Government Entityshall perform the Relocation and System UpgradesWork in accordance with the schedule provided in Exhibit B (the "Relocation and System Upgrades Schedule") with reasonable diligence in the ordinary course of its-their business and in light of any operational issues as to the remainder of its PSE'sutility systems that may be influenced by the Relocation and System UpgradesWork. PSE shall have no liability to the Government Entity or any third party, nor shall the Government Entity be relieved or released from its obligations hereunder, in the event of any delay in the performance of the Relocation and System Upgrades Work due to any (a) repair, maintenance, improvement, renewal or replacement work on PSE's utility systems, which work is necessary or prudent as determined by PSE in its sole discretion; or (b) actions taken by PSE which are necessary or consistent with prudent utility practices to protect the performance, integrity, reliability or stability of PSE's utility systems or any systems to whbh such systems are connected. 1.3 Adjustments to the Relocation and System Upgrades Work. PSE shall notify the Government Entity in writing of any reasonably anticipated adjustments to the Relocation and System UpgradesWork (including the Relocation and System Upgrades Schedule and/or Relocation and System UpgradesCost Estimate) that result from (a) the revision or modification of any Improvements in a manner that requires PSE to revise its plans and specifications for the Relocation and System Upgrades Work; (b) delays in PSE's performance of the Relocation and System Upgrades Work caused by the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the control of PSE. The Parties acknowledge that additional requirements not contemplated by the Parties may arise during the performance of the Relocation and System Upgrades Work. In the event such additional requirements arise, the Parties shall provide written notice thereof and shall use good faith reasonable efforts to appropriately respond to such requirements in a prompt and efficient manner, including appropriate adjustments to the Relocation and System Upgrades Schedule and/or the Relocation and System Upgrades Cost Estimate. 1.4 Performance by Government Entity. In the event the Government Entity is unable to perform its obligations under Sections 2 and 3 below to PSE's reasonable satisfaction, and absent written waiver by PSE of such obligations, the Parties shall use reasonable efforts to adjust the Relocation and System Upgrades Schedule to allow additional time for the Government Entity to perform such obligations; provided, that if the Parties cannot reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate this Agreement by giving written notice to the Government Entity, and the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with such termination under Section 5.5. PSE's determination as to the satisfaction or waiver of any such condition under this Agreement shall not be deemed to be a determination of satisfaction or waiver of any other condition arising under this Agreement. 1.5 Notice to Proceed with Construction Work. At least ten (10) days prior to the date specified in the Relocation and System UpgradesSchedule for commencement of construction for the Relocation and System Upgrades Work, the Government Entity shall either (a) provide to PSE a written notice to proceed with such construction work, or (b) terminate this Agreement by written notice to PSE. In the event of such termination, the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with termination under Section 5.5. Section 2. Operating Rights Unless otherwise provided for in Exhibit B, the Government Entity shall be solely responsible for any costs related to acquisition of any and all operating rights for the Facilities that are necessary or appropriate, in addition to or as replacement for the Existing Operating Rights, for completion of the Relocation Work ( "New Operating Rights "). Such New Operating Rights shall be of equivalent quality and kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE as determined by PSE in its sole discretion. Section 3. Permits The Government Entity shall be solely responsible for any costs related to acquisition of any and all permits, licenses, certificates, inspections, reviews, impact statements, determinations, authorizations, exemptions or any other form of review or approval given, made, done, issued or provided by any one or more governmental authorities with jurisdiction necessary or convenient for the Relocation Work (collectively, "Permits "). The Permits shall be on such terms and conditions as PSE shall, in its sole discretion, determine to be appropriate to its needs. PSE shall not be obligated to commence construction for the Relocation and System Upgrades Work, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is in possession of all Permits necessary for the Relocation and System Upgrades Work and all rights of appeal with respect to the Permits shall have been exhausted. The Government Entity shall be responsible for performance of and all costs associated with any mitigation required by the Permits. Section 4. Materials and Ownership Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all necessary materials, equipment and labor required to perform the Relocation and System Upgrades Work. All materials, information, property and other items provided for, used or incorporated into the Relocation and System Upgrades Work (including but not limited to the Facilities) shall be and remain the property of PSE. Section 5. Relocation Costs 5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation and System UpgradesWork (the "Relocation and System Upgrades Cost Estimate") is $157,276.10 (Exhibit Installation of new duct and vault and removal of abandoned duct and bvault shall be performed by the Government Entitiy. The Government Entity's proportionate share of cost for duct and vault installation of the System Upgrades Work shall artiall offset its cost of the Relocation Work as shown in Exhibits C -1 C -2 C -3 C-4. The Parties agree that the Relocation Cost Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual costs incurred in or allocable to the performance of the Relocation Work. Final offset costs will be based on actual unit bid prices for duct and vault installation and wreckout in the contract awarded by the Government Entity, and quantities of work performed. 5.2 Costs in Excess of Estimate. PSE and the Government Entity shall use reasonable efforts to monitor its actual costs incurred during the performance of the Relocation and System UpgradesWork, and in the event PSE determines that such costs are likely to exceed the Relocation and System Upgrades Cost Estimate by more than twenty percent (20 %), PSE shall so notify the Government Entity in writing. In such event PSE may, at its discretion, suspend performance the Relocation and System Upgrades Work and PSE shall not be obligated to continue with performance of any Relocation and System UpgradesWork unless and until PSE receives the Government Entity's written acceptance of PSE's revised Relocation and System UpgradesCost Estimate and written notice to proceed with the Relocation and System Upgrades Work. In the event PSE does not receive such acceptance and notice from the Government Entity within ten (10) working days from the date of PSE's notice, then PSE may, at its discretion, terminate this Agreement. In the event of such termination, the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with termination under Section 5.5. 5.3 Relocation and System Upgrades Costs. The Government Entity shall be responsible for, and shall reimburse PSE for, all costs and expenses incurred by PSE in connection with the performance the Relocation and System Upgrades Work (the "Relocation and System UpgradesCosts ") . as offset by the Government Entity's System Upgrades Work costs For purposes of this Agreement, the Relocation and System Upgrades Costs shall include, without limitation, any and all direct and indirect costs incurred by PSE in connection with the performance of the Relocation and System Upgrades Work, including, but not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants, attorneys and other professionals, administration and general expenses and taxes. 5.4 Statement of Costs - Invoice. Within sixty (60) days of the completion of the Relocation and System UpgradesWork, PSE shall provide the Government Entity with a statement and invoice of the actual Relocation and System UpgradesCosts incurred by PSE. PSE shall provide, within a reasonable period after receipt of any written request from the Government Entity, such documentation and information as the Government Entity may reasonably request to verify any such invoice. 5.5 Costs Upon Termination of Agreement. In the event either Party terminates this Agreement, the Government Entity shall promptly pay PSE, the following: (a) all costs and expenses incurred by PSE in connection with the Relocation Work (including, without limitation, all Relocation Costs incurred through the date of termination as offset by the Government Entity's System Upgrades Work costsand such additional costs as PSE may incur in connection with its suspension or curtailment of the Relocation and System UpgradesWork and the orderly termination of the Relocation Work); and (b) all costs and expenses incurred by PSE in returning and restoring the Facilities to normal and reliable commercial operations. 5.6 Payment. The Government Entity shall, within thirty (30) days after the receipt of an invoice for costs payable under this Agreement, remit to PSE payment for the full amount of the invoice. Section 6. Indemnification 6.1 Indemnification. The Government Entity releases and shall defend, indemnify and hold harmless PSE from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. PSE releases and shall defend, indemnify and hold harmless the Government Entity from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of PSE in its performance under this Agreement. During the performance of such activities employees or contractors of each Party shall at all times remain employees or contractors, respectively, that Party and shall not be, or be construed to be, employees or contractors, respectively, of the other Party. 6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification obligations of a Party under this Section 6, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 6 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. Section 7. Disclaimers and Limitation of Liability 7.1 Disclaimer. PSE makes no representations or warranties of any kind, express or implied, with respect to the Relocation and System Upgrades Work or other items or services provided under this Agreement including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing or usage of trade. 7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract, warranty, tort or otherwise, to any other party or to any other person for any indirect, incidental, special or consequential damages arising out of the performance or nonperformance of the Relocation Work or this Agreement. Section 8. Miscellaneous 8.1 Tariffs Control. This Agreement is in all respects subject to all applicable tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any conflict or inconsistency between any provision of this Agreement and any such tariff, the terms of the tariff shall govern and control. 8.2 Survival. Sections 2 and 4 through section 8 shall survive any termination of this Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and following termination of this Agreement neither Party shall have any further obligations arising under this Agreement and this Agreement shall be of no further force or effect. 8.3 Waiver. The failure of any Party to enforce or insist upon strict performance of any provision of this Agreement shall not be construed to be a waiver or relinquishment of any such provision or any other provision in that or any other instance; rather, the same shall be and remain in full force and effect. 8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth the complete and integrated agreement of the Parties. This Agreement cannot be amended or changed except by written instrument signed by the Party to be bound thereby. 8.5 Force Majeure. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event "), then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a force Majeure Event, in connection with the Relocation Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligation in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event. 8.6 Enforceability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or other communication under this Agreement given by either Party to the other Party shall be in writing and shall be delivered in person to an authorized representative or mailed, properly addressed and stamped with the required postage, to the intended recipient at the address and to the attention of the person specified below the Parties' respective signatures on this Agreement. Either Party may from time to time change such address by giving the other Party notice of such change in accordance with this section. 8.8 Governing Law. This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. This Agreement shall be fully binding upon the Parties and their respective successors, assigns and legal representatives. In witness whereof, the Parties have executed this Agreement as of the date set forth above. PSE: Government Entity: Puget Sound Energy, Inc. City of Federal Way By By Its Municipal Liaison Manager Its Mayor Address: 6905 South 228th Street Address: 33325 8th Ave S Kent, WA 98032 Federal Way, WA 98003 -6325 Attn: Community Services Dept Attn: Public Works 86 -7- EXHIBIT A FACILITIES AND EXISTING OPERATING RIGHTS Facilities: 1 - 112kva pad mounted 120/208 volt transformer, vault, and associated connectors. 2 - junction vaults and associated equipment and connectors. 1 - combination junction vault with 25kva pad mount 120/240 volt transformer, and associated connectors. 1 - pull vault. Conduits and cables to provide electrical connections to the above. Operating Rights: Recording # 791008055, Twin Lakes Shops, LLC Recording # 7607160843, Bank of America Recording # 83100707089, Pacific Convenience and Fuels EXHIBIT B RELOCATION AND SYSTEM UPGRADES WORK Description of Work: City Costs Per attached drawing (Exhibit GJJ the work required as city costs are described below. It is understood and agreed to by both Parties that all excavation, trench work, restoration and removal of abandoned ducts and vaults will be performed by the Government Entity. At Twin Lakes Shops LLC: Relocate V02 to the VO1 location on a new easement at city cost. Work includes distribution trench from J03 to V01 to H 1 A, vault installation, and intercepting conduits. At Bank of America: Relocate J09 to J05 location, Relocate J10 to J06 location, relocate transformer at J12 to V03 location, and extend HH at H3A to power existing signal cabinet service temporarily. Intercept cables at IP3, intercept conduit at IP4: At Pacific Convenience and Fuels: Relocate J12 to J11 location, intercept conduits at IP5 and intercept/splice cables at IP6. Remove PV2 and couple existing conduits into complete run. Repull feeder cables direct form PV 1 to SW1. PSE Costs This is Franchise Work the city will perform for PSE. These costs to be estimated by the City with actuals applied to the Relocation Cost. At Twin Lakes Shops LLC: Relocate J03 to J01 including trenching from J03 to J01 and to IP1 and IP2, duct and J01 vault installation, and removal of empty conduits and abandoned vault J03. At 21st AVE SW from J10 to PV02: Removal of empty conduits in ROW. 1 Relocation and System UpgradesSchedule: The exact construction schedule has not been determined. It is understood by the Parties that the construction work will begin mid year 2013 PSE will commence construction within 10 business days of receiving a written notice to proceed provided this "Facilities Relocation Agreement" has been fully executed prior to 1 PSE receiving the written notice to proceed. a� 'y^r vJ N N �� � M�� ��yy pp pppppp��jy {y CC pp ppppoo tr 1111: 1 11 11 111111 q�$� x »aaa 8888 gaaaaaa $mg8 $$$m8F3 aaa5t� § ; 1 1111111 11111 1 fI i i ;1111 1111111111114 M i uy #� 1 1 1111 :1 111111 A R$$m$$$$$e$$$$$$ aaaaaaaaaaaaa $$$ aaaaa $$ •m Pq al 0 alaa 4$a$$4$$$$$$$4$$$$4$ aa aaaaaaaaaaaaa- 1 il 1a11aaaa1 111 1111 Na 11 aa 1a111111111111111 • ,s i6 e<ee<eeee<e<ee<ee ItFlQAM ?!gCI!OCIM Me MPS��� T 161 Nine y win n■NM V MNTN ∎ ∎,,IND♦ ill t F0 T N r1 ■ f 000 tl tl 0000000 tl tl tl tl O tl IA d ii_ ,4,_ ii Ilil il 111 IM pN7 qN �Mpp qN- ` qN Wq__ p, 4 4p ` y N�yN�yyy LL ��M��yypp pM l M1 ��pNyy 4ytl� L L �p4.�py ppN L L` ypMyp��ypNyp���Npp L 89 EXHIBIT C -2 City Duct and Vault Costs for System Upgrade Item Unit Quantity Unit Price Cost Install 4" Conduit LF 180 $5.00 $900.00 Install 5'X7'X6' Vault EA 1 $2,000.00 $2,000.00 Removal of Structures and LS 1 $2,000.00 2,000.00 Obstructions TOTAL $4,900.00 EXHIBIT C -3 Proportionate Share of City Joint Trench Design Cost for System Upgrades Staff Name Bill Rate Matt Johnson Task NamQ 5198.35 Guy Calev Raymond. Chung 6teohen Mak Kevin Whitehouse 5140.36 $124.02 5135.89 5106.86 Total Hoi r Total Cost Engineering CADD 4 2Q 20 44 5,759,64 Quantities & Estimate Soesificatiopj. BJd Rbedule 8 $ 4,741.$4 L673.92 2 5 396.70 Protect Mlent Totals 4 - 79314Q 4 4 793.40 18 20 44 15.1.18.90 $15,118.19 X 8.7% = $1.315.28 -12- EXHIBIT C -4 TOTAL OFFSET COST Design Cost $1,315.28 Construction Cost Trench Cost Duct & Vault Cost Subtotal Construction Construction Management (12.5 %) Total Construction Cost 58,675.15 54,900.00 $13,575.15 $1,696.89 $15,272.04 Proiect Subtotal $16,587.32 Proiect Administration (5 %) $829.37 Total Offset Cost 1$17,416.64 PUGET SOUND ENERGY To: City of Federal Way 33325 8th Ave. S. Federal Way, WA 98003 Attn: Brian Roberts ex/41416 /r FACILITY RELOCATION /MODIFICATION BILLING DETAIL Project Description: Relocation of PSE Facilities on Exist. Easements Location: 21st Ave. SW at SW 336th St. PSE Project Manager: Jeff Zitterich 02/11/13 Activity: PSE Order M: % Reimbursable: Materials Construction Engineering S. Management Right of Way Overhead ©tal <Actual Costs: V01 Relocation 101080382 100% J06 /J06 & branch feeds (BofA) 101080382 100% 616 Otj180 J05 to J11 101080382 100% PVl to SW1 (110 Feeder) 101080382 100% 3,026,31. ®,263.66 977:62: $12,764,01:; $1,169,73 $8,647.00 $4,022.48 12,416.33" 68,1188.00 $6 78008' J03 to J01 (PSE Cost) 101080382 -100% 316.2a Design ;515.15 Trench / D &V 1,696,89; 12.6% OH 1129,97 5% Admire 6664: 0,31 17,416,69 REIMBURSIBLE MINUS'PIM PQRTIONt IhIIIA I t 11 11 ! II 11110 ! g jj i t 1 a !j #la ! f +a sof iii i� ;ii # �� of ! of lint' HIiIlit ; D 1 + i �� 'p�i 1 H+ ._ IIIi j�jtf 1a I 11111111 111 L 1i1 li " °�1 a f �4 !lilt; 1' �,t ' �; '41111 1 ,l fps fl f # ! � pi. ' JlliI11h 11 ! 1 1111i ll eili i1Iil1i1 ? . 1 �it ii 1i li i 1 i 111 iii tt 'li It i1 i i1 j 1III! 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Mil 1 1 1 1 1 1 1 1 1 i 1 1 1 8 1 A 1 8 8 a 8 R 1 M3 R aktiRkkk r S 0 9 a 8 S f 2 1 1 Y S t S s afffia ITh aE* SSSS 1 i Q 1 1 1 1 a 4 4 1 1 L 1 4 4 4 4 4 4 6'515 SINT MS Is MS 'MV I.IL - 60CI60111 - •00..J *1 IM \u6inO\IMI...r.l° 'm wort' MS .0 M5 '••5 516 - LOC160111 \•.W.N\6106066.Mw,., 3 MMISC:6 - C106 '[t .x L 101080382 1 111! 1 1 g 1 Ea a� ell 111 a !II f 1 • 4; d AE !1I neonvonvg J 8 U 1 11I9II L1©i1i1G 1121411113151:011 [Ronci ii 11 �ii�in�i�i Eh GCCEEC 11 © 1ini: {GLIB i1i11i 1II u11 1flhIi �iin il,■„ 111111 011 i 1 e i s 9719 0 1+P15 •OR 55 10 M5 101 /05110111 - 010M01q 01 I5 \U5N010,05 flSIw 'IS YK11 M5 l0 MS 'MY 011 - 101110111 \�IWoM \11060f0oM0oM \J wd11.5 - 1100 '51 00r a 27 -C 1X 4114U0 8 -A (10) 162065 1 (13) AER535 -A AER53- AER5.77 -C 334 v 4 8533 -6 ( 511 182807 PX 311400 162085 Ama43_C AER538 -6 PL (16) (15) L1 (12) (17) 6.6%534-8 AER541 -C XZ 311368 162075 40053 -A� 511354 40054 -13 62014 1LZ 2500- 40055 -C 35705 ADA780 -A 35704 A0A781 -8 35705 ADA782 -C 311351 SW 336 ST 16 M 501 5 a J 8 35417 - 0900-A 835420 5•'11-8 UG MAP WRECK-OUT SCAM r. 60 5090 504 SX 311403 162105 311391 : TX 1 0'y AER547 -A AER548 -5 AER510-C 99794 AEM46 --C AER5 SW 334 PL (19) (2°) (21) p© " 57985- 40062-A V 0 40063 -6 40064 -C (18) 311368 162078 AE 5 C 4055° -A +40052 -C 40056 -A 40057 -B 40058 -C 40059 -A 40060 -B 40061 -C REPLACE 19/ Apps 50897-A 50898-8 50899-0 a= 010800 44950 -6 v1 rr 57 150368-A 9 50369-8 50370-0 83 -A 1®1ACE A9vaa A9eae AO®M{ 4 Q - K10T V," ® bleANA PEA. A1oc 32316 -A 32319 -9 32320 -C ADE847 -A ADE848 -8 ADE849 -C AAJ 1 AAJI6I AAJIS 35712 -A -'35781-C • X2218 AC5430- Ar 5431 -R • n n 50660 -A 50991 -8 150882 -0 7132 -A 3 = -8 37134- 116 50180 -A 50181 -8 50182 -C 50183 -A 50184 -B 50185 -C (33038011 3571 3571 sr 3I. 41 WARM vrr„� n n▪ r e? PAPP \ 4 ▪ in nm6f.�m ` fl--- (R""M51IMI=K WM_ -_ 11.120..1 11 , •101020. 3M sr 2081 ab'a4 ax• A Lr1 5 :lux nrAyA6E W IOC ,6/206 COT Art SW II 1 U-MAP WRECK -0UT SLY. r- IOW NAPO 4 336 TN. • I1Am r.. 17 kwar....,r/ 4 I�X2 31811.3 1 4 yI= Ir v 1 $M CMVPS 6R 13 A .fw0 1R1� • ,mim S•aPn • PAYLESS 4'Amf 1 I .w s S 1 nor Sw 336 ST 100 CABLE REMOVAL SCHEME CA" A r°4 ME bag - = - C496 91711 then° NSr MOM MN NMI FPI L.- 1•WA 11 MIME FRI IOW 3x1 SOU SI= 1011E111 ICONS AMPS =MIA 11018011 10011101 AMU 11113. ET. 18 PAVAN INTIM ,1103741 1011211 �+ 116 TOTAL 111.2.01E ACTUAL• TOTAL 75114011. ACTUAL• z -S6 X— Vault Reference �.e.r rauu.acrosmn AeAimrrt -90 • 013313IYI C73 33 MC .13ITA• ▪ JOINT F•Cangs.rmOIMMIffis q.Er .. n0gamu (29,101.291• TA Ida r . pLw SOUND ENERGY Aroma, pPMELC°lc 2161 Ave. SW at SW 33661 St. iNgfp SCALE 'Pros V Coeval ma TOP IAN 1 T ewuTIO. SISICIS•OTeOa THREE PHASE SECONDARY CONCRETE HANOHOLE .mazmwa 1 AT H3A 1 7 T t•� WSW I I 222.11121.1 oew,e Roe SUS WMYAMS SINGLE PHASE SECONDARY CONCRETE HANDHOLE T [AT V03 MINIPAD TRANSFORMER MOT To acme to•T.®m0 441. x T IfedW ( 575)./a4uNC4 Cover w.wmM- anwm:YARDS THREE PHASE J -BOX WIADJUSTABLE LID AND EXCAVATION DETAIL WY TO ac&E 4O.TamOm.Om Minn IAT J01. J05, J06, J11I OAS ORmOOE O. PwBBIf MINIMUM CLEARANCES FOR PSE EQUIPMENT NOT TO 20. 101 VAULT & EXCAVATION DETAIL MMrw 800 T LAT VQ1 ROW w 4- rw CLEAR WORKING'SPACE FOR VAULTS NOT TO UWE TT..! 4m �..ae.r..aa several yrawr&mean. J- BOX CABLE ENTRY DETAIL NOT TOSC. rav CAKE MOUrw weeee..r�ir.e�enn eanwowana oemealuver yen RAiET 2151 Ave. SW at SW 3364h St. impowest ENERGY waw.ss� .err. esae.wpPOIHfA NL x.11 SCALE IPA. COUNCIL MEETING DATE: March 19, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: 21' Avenue Southwest at Southwest 336th Street Intersection Improvements Century Link Agreement for Joint Construction and Statement of Work POLICY QUESTION: Should the Council authorize the Mayor to sign the 21st Avenue Southwest at Southwest 336th Street Intersection Improvements CenturyLink Agreement for Joint Construction and Statement of Work? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 4, 2013 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ❑ Resolution w Othe STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Directo '� DEPT: Public Works ❑ City Council Business Attachments: Memorandum to the Land Use and Transportation Committee dated March 4, 2013. Options Considered: 1. Authorize the Mayor to sign the 21st Avenue SW at SW 336th Street Intersection Improvements CenturyLink Agreement for Joint Construction and Statement of Work. 2. Do not authorize the Mayor to sign the CenturyLink Agreement for Joint Construction and Statement of Work, and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the March 19, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: e Council DIRECTOR APPROVAL: ommitt Council COMMITTEE RECOMMENDATION: Forward Option 1 to the March 19, 2013 City Council Consent Agenda for approval. Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to sign the 2Is` Avenue SW at SW 336`i` Street Intersection Improvements CenturyLink Agreement for Joint Construction and Statement of Work." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 02/06/2006 102 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM • Cary M. Roe, P.E., Director of Parks, Public Works and ' , ergency M ' . gement " - Marwan Salloum, P.E., Deputy Public Works Director SUBJECT: 21St Avenue Southwest at Southwest 336`" Street Intersec on Improvements - CenturyLink Agreement for Joint Construction and Statement of Work BACKGROUND: The 21st Avenue Southwest at Southwest 336th Street Intersection Improvements project will construct dual left -turn lanes eastbound and westbound and a right —turn lane westbound. This project also includes access control along SW 336th Street and will install a new traffic signal west of the intersection to allow for left turn access into the businesses north and south of the roadway. Additional work will include storm drainage, paving, curb, gutter, sidewalk, street lighting, signing, channelization, and landscaping. One consequence of the project is that CenturyLink underground facilities must be relocated to avoid conflicts with project facilities. CenturyLink has agreed to relocate their facilities into a joint utility trench. Per the attached agreement, CenturyLink will reimburse the City for all costs associated with the installation of new duct and vaults. The total estimated cost which the City will bill to CenturyLink is estimated at $53,926.00. The final cost will be based on actual bid prices and quantities installed. The attached Agreement for Joint Construction and Statement of Work shows the methodology used to calculate the construction cost to be billed to CenturyLink. 103 Agreement No: NCA7900.0 AGREEMENT FOR JOINT CONSTRUCTION NCA7900.0 THIS AGREEMENT (the "Agreement ") is entered into as of , 2013 between CenturyTel Services Group LLC, a Louisiana limited liability company ( "CenturyLink "), and The City of Federal Way, a Washington State municipal corporation. I. JOINT CONSTRUCTION TERMS AND CONDITIONS 1. DEFINITIONS: "Schedule" means a written instrument made part of the Agreement describing Work, including price, specifications, warranty terms and related shipping and delivery instructions, and sometimes referred to as a "Statement of Work ". Schedules may be added, deleted or modified as agreed in writing and executed by the parties. "Project Developer" means City of Federal Way. 2. TERM: The Agreement will commence as of the Effective Date and will continue through December 31, 2014 ( "Term "). If the term of any Schedule or Order extends beyond the Term, the Agreement shall remain in full force and effect but only as to such Schedule or Order, and only through the end of the term of the applicable Schedule or Order. 3. THE PROJECT: Project Developer intends to perform a construction project, or multiple construction projects, that may be described on one or more Schedules to this Agreement (each referred to as a "Project "). In connection with the Project, it is necessary or desirable that CenturyLink install telecommunications facilities in the area in which the Project will be performed (the "Site ") or that CenturyLink's existing telecommunications facilitates at the Site be moved. The new or moved telecommunications facilities and all associated equipment shall be referred to in this Agreement and any Schedules, as (the "Facilities "). CenturyLink has requested that as part of an individual Project, Project Developer, acting through its contractor (the "Contractor "), perform certain work in connection with the Facilities on the Site for CenturyLink, which work is more specifically described in an Exhibit to the Schedule (the "Work "). 4. INVOICES AND PAYMENTS: Invoices. Within 30 days of providing Work to CenturyLink, Project Developer will issue an invoice by the method agreed upon by the parties. Unless otherwise required by law, CenturyLink will not pay for Work invoiced more than 90 calendar days after completion of the Work. Each invoice will contain an itemized description of the Work and all applicable charges and taxes (if Project Developer is a private entity, exclusive of taxes based on Project Developer's income). CenturyLink will be liable only for undisputed and correct taxes itemized on the invoice for Work to which the taxes relate. Project Developer, and its Contractor, is responsible for charging the correct taxes on the applicable invoice other than where CenturyLink has provided Project Developer a properly completed tax exemption certificate or other evidence of exemption. Project Developer, or its Contractor, as applicable, must be registered by the taxing jurisdictions to collect sales and/or use taxes within the states to which Work are provided. Payment Due Date; Acceptance of Payment. Rev. 11106 Century Link Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 1 104 Agreement No: NCA7900.0 CenturyLink will pay undisputed invoices in U.S. dollars within forty five (45) days} of receipt of a proper invoice. Payment will not constitute acceptance of the applicable Work. If Project Developer accepts payment from CenturyLink for Work, Project Developer waives any claims that Project Developer may have against CenturyLink for the Work. 5. ACCEPTANCE: Acceptance of the Work will be defined on the applicable Schedule. 6. WARRANTY: For a period of one (1) year (or longer, if so provided by law, and to the extent provided by law) after final payment by CenturyLink for the Work, The Project Developer shall repair any defective work or material at no cost to CenturyLink, consistent with the provisions of sections 1 -05.10 through 1 -05.12 of the Washington State Standard Specifications for Road Bridge and Municipal Construction, 2008. This time period relates only to the specific obligation of Project Developer to correct the Work, and has no relationship to the time within which CenturyLink may seek to enforce Project Developer's obligations under the Agreement or within which Project Developer must comply with the Agreement. Upon notice from CenturyLink, Project Developer will immediately, at no cost to CenturyLink, correct and remedy any defects in the Work whether observed before or after payment for the Work and whether or not the Work is already installed or completed. If Project Developer fails to promptly correct defective Work, CenturyLink may correct the Work itself or hire another contractor to do so and Project Developer shall pay for all reasonable and verifiable costs of correction promptly upon demand by CenturyLink. 7. LIENS: Project Developer warrants that no mechanics' liens or other claims or demands, including but not limited to personal injury, death, property damage, non - payment or other liability claims, will be filed or maintained by it, the Contractor, subcontractors or any other third party against any CenturyLink equipment, real estate or other property on account of the Work. CenturyLink reserves the right, at any time during the progress of the Work, to require Project Developer, the Contractor and any subcontractor to furnish evidence in form and substance acceptable to CenturyLink that all claims, liens and causes of action, if any, for the payment of wages or salaries or the payment of charges for labor, materials, tools, machinery, or supplies have been satisfied, released or settled. 8. INDEPENDENT CONTRACTORS: Independent Contractor. Project Developer certifies that it is engaged in an independent business and will perform its obligations arising in connection with the Agreement as an independent contractor and not as the agent or employee of CenturyLink. This Agreement does not create a partnership, joint venture or similar relationship between the parties and neither party will have the power to obligate the other in any manner whatsoever. Agents and Employees. Any persons who perform services for CenturyLink will be solely the employees or agents of Project Developer under its sole and exclusive direction and control. Project Developer is solely responsible for: (a) the hours of work, methods of performance and compensation of its employees and agents; (b) compliance with all federal, state and local rules and regulations including those governing worker's compensation, unemployment, disability insurance and social security withholding for its employees and agents; and (c) all federal and state income taxes for its income derived in connection with the Agreement. Safety and Health. The safety and health of Project Developer's employees and agents while working on the Project will be Project Developer's sole responsibility. Project Developer and its employees and agents will comply with all applicable rules and regulations, as well as all local, state and federal environmental, health and safety requirements, including those relating to the use and handling of hazardous materials. Project Developer will immediately report to CenturyLink any accidents, injuries or property damage arising from the performance in connection with the Agreement. Project Developer will provide CenturyLink with copies of any safety, health or accident reports that Project Developer files with any third party with respect to CenturyLink Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. Rev. 11106 2 105 Agreement No: NCA7900.0 Project Developer's performance in connection with the Agreement. 9. INDEMNIFICATION: In addition to Project Developer's obligation to obtain and keep, and ensure that the Contractor obtains and keeps, insurance as set forth in this Agreement, and to the fullest extent permitted by law, Project Developer agrees to indemnify, defend and hold harmless CenturyLink, its affiliates and each of their officers, directors, employees and agents from and against all suits, losses, costs (including without limitation reasonable court costs and attorneys' fees), lawsuits, judgments, orders, awards, fines, penalties, expenses, liabilities, actions, damages or claims of any character ( "Liabilities ") arising from or in connection with (a) any personal injuries or property damage received or sustained by any person or property arising in whole or in part in connection with the Work; (b) any act or omission, neglect, negligence, gross negligence or willful misconduct of Project Developer, the Contractor or any subcontractors in connection with the Work or the Agreement; or (c) any breach by Project Developer of the Agreement. CenturyLink will indemnify, defend and hold harmless Project Developer, its employees and agents from and against all Liabilities arising from or in connection with (a) any act or omission, neglect, negligence, gross negligence or willful misconduct of CenturyLink in connection with the Agreement or (b) any breach by CenturyLink of the Agreement. Prior to the commencement of the Work, Project Developer will require the Contractor to agree in writing to indemnify, defend and hold harmless Century Link, its affiliates and each of their officers, directors, employees and agents from and against all Liabilities arising from or in connection with (a) any personal injuries or property damage received or sustained by any person or property arising in whole or in part in connection with the Work; and (b) any act or omission, neglect, negligence, gross negligence or willful misconduct of the Contractor or any subcontractors in connection with the Work. No party shall be required to indemnify, defend, or save harmless the other party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the party seeking indemnification. 10. LIMITATION OF LIABILITY: Except for each party's indemnification obligations and each party's breach of any requirements regarding Confidential Information, neither party is liable to the other for consequential, incidental, indirect, punitive or special damages, including commercial Toss and lost profits, however caused and regardless of legal theory or foreseeability, directly or indirectly arising in connection with the Agreement, even if such party has been apprised of the possibility of such damages. 11. INSURANCE: General Insurance Requirements. Project Developer will, and will require that the Contractor, at all times during the term of this Agreement, at its own cost and expense, carry and maintain the insurance coverage listed below with insurers licensed in the areas where the Work will be performed having at minimum a "Best's" rating of A -VII. Contractor will not commence any Work until it has fulfilled all insurance requirements in this section. Contractor will require its subcontractors to maintain proper insurance applicable to the type and scope of Work to be performed under this Agreement. It is expressly understood that Contractor is ultimately responsible for its subcontractors including without limitation ensuring that the appropriate insurance is maintained by its subcontractors. Workers' Compensation Insurance. Project Developer will carry Workers' Compensation and /or, when applicable, Long Shoremen's and Harbor Workers Compensation insurance in amounts sufficient pursuant to the laws of the State of Washington. Project Developer's Contractor(s) will carry Workers' Compensation and /or, when applicable, Long Shoremen's and Harbor Workers Compensation insurance with (i) statutory limits of coverage for all employees as required by statues; and (ii) Stop Gap or Employer's Liability insurance with a limit of One CenturyLink Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 3 Rev. 11/06 106 Agreement No: NCA7900.0 Million Dollars ($1,000,000) for each accident. Commercial General Liability Insurance. Commercial General Liability insurance providing coverage for bodily injury, death, personal injury and property damage occurring or arising out of the performance of this Agreement, including coverage for products /completed operations, premises operations, independent contractor's protective coverage (required if Contractor subcontracts any of the Work), and contractual liability with respect to liability assumed by Project Developer. This insurance will also include: (i) explosion hazard coverage (commonly referred to as "X" coverage) if the Work involves blasting, (ii) collapse hazard coverage (commonly referred to as "C" coverage) if the Work may cause structural damage due to excavation, burrowing, tunneling, caisson work or under - pinning, and (iii) underground hazard coverage if the Work may cause damage to underground facilities (commonly referred to as "U" coverage). The limits of liability for this coverage will be not less than the limits as set forth below. Each Occurrence General Aggregate Limit Products - Completed Operations Limit Personal and Advertising Injury Limit $5,000,000.00 $5,000,000.00 $5,000,000.00 $1,000,000.00 These limits of liability can be obtained through any combination of primary and excess or umbrella liability insurance. Commercial Automobile Liability Insurance. Commercial Automobile Liability insurance covering owned, non -owned and hired vehicles used in connection with the performance of the Work. The limits of liability for this coverage shall be not less than One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury or property damage. Certificates of Insurance. Project Developer shall require its Contractor to forward to CenturyLink certificates of such insurance upon execution of this Agreement and upon any renewal of such insurance during the term of this Agreement for both Project Developer and the Contractor. The insuring carrier(s) may use the ACORD or equivalent certificate of insurance form acceptable to Century Link. The insurance certificates shall provide that: (i) CenturyLink is named as an additional insured on the Commercial General Liability and Commercial Automobile Liability policies; (ii) thirty (30) calendar days prior written notice of cancellation of, or material change or exclusions in, the policy to which the certificates relate shall be given to CenturyLink; (iii) underground hazard coverage (commonly referred to as "U" coverage) is part of the coverage and (iv) the words "pertains to all operations and projects performed on behalf of the certificate holder" are included in the description portion of the certificate. Project Developer shall not commence any Work until the obligations of Project Developer with respect to insurance have been fulfilled. The fulfillment of such obligations shall not relieve Project Developer of any liability hereunder or in any way modify Project Developer's obligations to indemnify Century Link. 12. TERMINATION; CANCELLATION: Notice. Either party may terminate this Agreement (including its Schedules), in whole or in part, for its convenience with 30 days prior written notice. Project Developer will be entitled to payment for Work accepted and received by CenturyLink as of the date of termination. CenturyLink will have no other liability arising out of termination of this Agreement or a Schedule. Material Breach. Rev. 11/06 Century Link Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 4 107 Agreement No: NCA7900.0 Either party may terminate this Agreement (including its Schedules), in whole or in part, by written notice to the other if the other party breaches this Agreement and fails to cure such breach to the non - breaching party's satisfaction within 30 days of written notice specifying the breach. Pre - Termination Obligations. Expiration or termination of this Agreement (including its Schedules) will not relieve either party from its obligations arising hereunder prior to such expiration or termination. 13. DISPUTE RESOLUTION: Negotiation Between the Parties. The parties will attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between individuals who are at a higher level than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party will submit to the other a written response. The notice and the response will include (a) a statement of each party's position and a summary of arguments supporting that position and (b) the name and title of the executive who will represent that party and of any other person who will accompany the that individual. Within 30 days after delivery of the disputing party's notice, the representatives of both parties will confer at a mutually acceptable time, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations and documents exchanged pursuant to this clause are confidential and will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. Forum. Any legal proceeding arising out of, or relating to this Agreement, will be brought in a United States District Court, or absent federal court jurisdiction, in a state court of competent jurisdiction, in the Denver, Colorado metropolitan area. Waiver of Jury Trial and Class Action. Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue any claim or action arising out of or relating to this Agreement on a class or consolidated basis or in a representative capacity. 14. MISCELLANEOUS: Compliance with Laws and Policies. Project Developer will obtain, at its expense, all permits and licenses, bonds, and other necessary legal authority, pay all fees, and comply with all federal, international (if applicable), state and local laws, ordinances, rules, regulations and orders applicable to Project Developer or Project Developer's performance hereunder including, the Communications Act and orders of the Federal Communications Commission. Project Developer, or its Contractor, will give all required notices to governmental authorities, and will coordinate all necessary governmental inspections to avoid delays in the provision of the Work. Project Developer will also, at its expense, comply with Project Developer's code of conduct, policies and procedures applicable to Project Developer's performance hereunder, and with the provisions of the CenturyLink business practices for suppliers. Should any provisions of the Century Link business practices for suppliers conflict with Project Developer's code of conduct, policies and procedures, the more demanding provisions shall apply unless otherwise agreed in writing by the parties. The CenturyLink business practices for suppliers may be found at http: / /www. CenturyLin k.com/ about /com pa ny/ ethics /files /SuppliersBrochure -. pdf Remedies; Future Projects. No remedy specified in this Agreement will limit Century Link's other rights and remedies arising in connection with the Agreement, at law or in equity. CenturyLink's participation in the Project pursuant to this Agreement shall not be construed as an agreement to participate in any future projects. Governing Law. Rev. 11106 CenturyLink Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 5. 108 Agreement No: NCA7900.0 This Agreement will be governed by the laws of the State of Washington without reference to its choice of law rules. Records and Audits. Project Developer will maintain complete and accurate records with respect to the Work, including all charges associated with this Agreement and the portion of the Work performed by Subcontractors, in accordance with generally accepted accounting principles, for 72 months from the date of its termination or expiration. Century Link, or its designee, may inspect, audit and make copies of such records, for CenturyLink's retention, on reasonable notice. Assignment and Delegation. The rights and obligations of each party will be binding upon and inure to the benefit of its successors and permitted assigns. Project Developer may not assign this Agreement (including its Schedules), in whole or in part, without the prior written consent of CenturyLink. Any attempted assignment by Project Developer without CenturyLink's prior written consent shall be null and void. Notices. Notices required under this Agreement will be sent to the addresses of the parties stated below their signatures. Notice will be deemed given: (a) on the 1st day after deposit with an overnight courier, charges prepaid; (b) as of the day of receipt, if sent via first class U.S. Mail, charges prepaid, return receipt requested; and (c) as of the day of receipt, if hand delivered. Advertising; Publicity. Neither party will use the other party's names, marks, codes, drawings or specifications in any advertising, press release, promotional effort or publicity of any kind without the other's prior written permission. Waiver. Any waiver by either party of any rights hereunder or of a breach of any provision of this Agreement will not constitute a waiver of any other breach of that or any other provision of this Agreement. Any waiver must be in writing. Modifications or Amendments; Interpretation. Any modifications or amendments to this Agreement must be in writing and signed by both parties. The term "including" in this Agreement means by way of example, not limitation. Headings and subheadings used in this Agreement are for convenience only, and have no substantive meaning. Severability. The determination that any provision of this Agreement is invalid or unenforceable will not invalidate this Agreement, and this Agreement will be construed and performed in all respects as if such invalid or unenforceable provision was omitted insofar as the primary purpose of this Agreement is not frustrated. Force Majeure. Neither party will be liable to the other party for any delay or interruption of performance resulting from causes beyond its reasonable control. Upon any force majeure, either party may elect to terminate this Agreement or any Schedule or Order or to suspend the Work upon written notice. Entire Agreement. This Agreement and all Schedules, exhibits, amendments, documentation, and specifications referenced in those documents, contain the entire understanding between the parties with respect to the subject matter and supersede all prior oral and written understandings, arrangements and agreements between the parties relating thereto. Survival. The following provisions of this Agreement regarding "Representations and Warranties "; "Confidential Information "; "Indemnification "; "Work Product "; "Limitation of Liability "; "Dispute Resolution "; and "Choice CenturyLink Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 6 Rev. 11/06 109 Agreement No: NCA7900.0 of Law" and all others that by their sense and context are intended to survive the expiration of the Agreement will survive. Execution. Rev. 11!06 The Agreement may be executed by facsimile copy and /or in any number of counterparts, all of which together will constitute one agreement. CenturyLink Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 7 110 Agreement No: NCA7900.0 Signature Block The parties, intending to be legally bound, have caused this Agreement to be executed as of the Effective Date. CenturyLink City of Federal Way i (Authorized Signature) (Authorized Signature) Sam Farhat Skip Priest (Print or Type Name of Signatory) (Print or Type Name of Signatory) Director Local Network Engineering & Construction Mayor (Title) (Title) 2 %Lill' (Execution Date) (Execution Date) Address for Purposes of Notices: Address for Purposes of Notices: Jeff Watson 23315 66th Ave. So. Kent, Wa., 98032 253 - 372 -5358 jeff.watson @CenturyLink.com With copies to: CenturyLink Services Corporation Law Department — Procurement General Counsel Agreement # 1801 California St. Denver, CO 80202 Brian Roberts City of Federal Way 33325 8th Ave S Federal Way, WA 98003 -6325 253- 835 -2723 Rev. 11/06 APPROVED AS TO FORM: City Attorney, Patricia A. Richardson CenturyLink Confidential and Proprietary Disclose and distribute solely to Ms/ individuals who have a need to know. 8 Agreement No. NCA7900.0 Statement of Work No. NCA7900.SS1.0 STATEMENT OF WORK NO. NCA7900.SS1.0 to AGREEMENT FOR JOINT CONSTRUCTION NCA7900.0 This Statement of Work is attached to and made a part of the most current amended version of the Agreement. In the event that any term of this Statement of Work conflicts with anything contained in the Agreement, except for terms identified in the Agreement as Non - Waivable Terms, this Statement of Work will control for purposes of this Statement of Work only. Unless otherwise defined herein, all capitalized terms in this Statement of Work will have the meanings set forth in the Agreement. 1. Term. This Statement of Work will commence as of (Effective Date) and will continue through December 31, 2014 (Expiration Date). 2. The Work: The Project is described on Exhibit A "The Project" to this Statement of Work, and the "Work Schedule" for the Project is described on Exhibit B The Work and the Work Schedule ". Project Developer shall, at no cost or expense to CenturyLink, prepare and provide to CenturyLink engineering drawings, specifications and construction standards for the Project (the "Project Developer's Specifications "). Project Developer shall choose and pay all costs associated with the Contractor and shall provide to CenturyLink at least ten (10) calendar days' prior written notice prior to the beginning of the Project and of the Work. In addition, Project Developer shall provide all necessary excavation, bedding, backfill, off -Site disposal, and Site restoration for the placement of the Facilities, along with the coordination of other utilities participating in the Project. Project Developer shall provide all flagging and traffic control, including uniformed officers when required, for any necessary excavation or work performed by Project Developer. Project Developer will notify CenturyLink of any changes in the Work that will result in additional costs to CenturyLink, and will obtain CenturyLink's prior written approval of such changes before commencement of any changes to the Work. Within the number of days set forth in the Work Schedule after CenturyLink's receipt of Project Developer's Specification, CenturyLink shall, at no cost or expense to Project Developer, prepare and provide to Project Developer engineering drawings, specifications, construction standards and quantities pursuant to which the Work must be performed by Project Developer (` CenturyLink's Specifications "). CenturyLink's Specifications shall show in detail the quantity and size of all facilities and equipment to be used by CenturyLink that Project Developer will install pursuant to this Statement of Work. CenturyLink shall notify Project Developer in writing of any changes it wishes to make in CenturyLink's Specifications, and such changes shall be made, if feasible. CenturyLink shall pay for all costs attributable to the changes. If the Work includes installation of new vaults and /or conduit, CenturyLink will install alt wires, conductors and any other equipment needed to complete the CenturyLink portion of the Project as provided in Exhibit A in accordance with the Work Schedule set forth in Exhibit B. The vaults and conduit shall be owned solely by CenturyLink, and CenturyLink shall be responsible for all maintenance in connection with the vaults and conduits except for defects covered under section 6 of the Agreement. If required, CenturyLink will perform cut -over and transfer of existing CenturyLink customers to the new or relocated Facilities and /or remove any replaced aerial CenturyLink Facilities or underground CenturyLink Facilities that are in conduit or manhole structures only in accordance with the Work Schedule set forth in Exhibit B. CenturyLink shall in no event be required to perform a cut -over or transfer or to remove any affected Facilities prior to completion of any replacement Facilities in accordance with this Statement of Work and CenturyLink's approval of the replacement Facilities. The Facilities and all associated equipment shall be owned solely by CenturyLink, and CenturyLink shall be responsible for all maintenance in connection with the Facilities. To the extent that it has the right to do so, upon approval of the Work by CenturyLink, Project Developer shall grant, provide and /or assign to CenturyLink any permits, licenses or approvals required to access, occupy, use or operate the Facilities or any materials or facilities used in connection with the Facilities. If the Work involves excavating, Project Developer will ensure that the Contractor contacts the Utility Notification Center (One - Call), and that the Contractor obtains appropriate information on the location of all buried cable and rev. 11 -06 CenturyLink Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 1 112 Agreement No. NCA7900.0 Statement of Work No. NCA7900,SS1.0 utilities prior to performing any Work. Project Developer shall ensure that its Contractor shall be responsible for any failure of the Contractor to locate, expose and protect from damage all existing underground facilities, including but not limited to electrical, telephone, water, gas and sewer. In addition to its indemnification obligations contained in the Agreement, if any existing underground or other facilities are damaged directly or indirectly in connection with the Work, Project Developer will, at its expense, promptly repair or replace all damaged or destroyed facilities. Project Developer will ensure that immediate temporary repairs are made and will immediately report the damage to the property owner and to CenturyLink and will ensure that no permanent repairs are made unless the consent of the property owner has first been obtained. Repairs will be made within forty -eight (48) hours after receiving permission from the property owner, unless otherwise agreed to by CenturyLink. At CenturyLink's sole option, CenturyLink may elect, rather than having Project Developer make any repair to CenturyLink facilities described in this subsection, to have the repair made by CenturyLink's employees or contractors. If CenturyLink or its contractor performs the repair, CenturyLink will invoice Project Developer for CenturyLink's reasonable and documented costs, including without limitation labor costs, and Project Developer will pay CenturyLink for such costs for repair of damage to CenturyLink's existing facilities within forty -five (45) calendar days after receipt of an invoice. CenturyLink will be responsible for providing all traffic control associated with the installation and /or removal of Facilities for which CenturyLink is responsible pursuant to this Statement of Work, including the pulling of cables and associated equipment. Project Developer will be responsible for providing all traffic control associated with the installation, relocation, and /or removal of Facilities for which Project Developer is responsible pursuant to this Statement of Work. Project Developer shall obtain any and all licenses, permits and approvals required for the Work as defined in Exhibits A and B. Project Developer agrees that the Work will be performed in accordance with all applicable federal, state and local laws, rules and regulations and the requirements of whoever owns or has jurisdiction over the rights of way in which the Work is to be performed. CenturyLink shall have the right at all times to observe and inspect the performance of the Work. If the Work requires the use or installation of any materials, the item checked below shall apply: _X_ Except as specifically set forth in Exhibit B, CenturyLink shall arrange for the purchase and delivery of materials to the Project site in accordance with the Work Schedule. _ Except as specifically set forth in Exhibit B, Project Developer shall provide all materials required in connection with the Project. All materials will be new and of the specific type designated by CenturyLink. _ As set forth in Exhibit B, Project Developer and CenturyLink shall each provide some materials for the Project. All materials provided by Project Developer will be new and of the specific type designated by CenturyLink Ownership of any materials or equipment supplied by Contractor will transfer to CenturyLink upon receipt by Contractor of final payment for the Work by CenturyLink. CenturyLink and Project Developer shall maintain continued coordination regarding the Project, and Project Developer shall ensure that the Contractor also participates in the coordination. This coordination shall include but not be limited to a pre- construction meeting. Project Developer shall be responsible for the scheduling of these meetings. Project Developer will be responsible to CenturyLink for acts and omissions of Project Developer's and the Contractor's employees and subcontractors and each of their agents and employees, and any other persons performing portions of the Work. 3. Changes: If conditions or circumstances require a change in the Project or the Work, each party shall agree in writing to any changes, including without limitation payment responsibilities, prior to commencement of the Work or the changes. Neither party shall be responsible for any changes to the Work (including without limitation payment responsibilities) made without its prior written consent 4. Payment for the Work/Fees. rev. 11 -06 CenturyLink Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 2 113 Agreement No. NCA7900.0 Statement of Work No. NCA7900.SS1.0 In consideration for performance of the Work and for the other promises and covenants contained in this Agreement, CenturyLink agrees to pay to Project Developer the amount set forth on an exhibit to the Schedule (the "Payment ") in accordance with the Exhibit C 'Work Price Schedule" to the Schedule (the "Payment Schedule "); provided, that CenturyLink shall not make any final payment to Project Developer until CenturyLink has approved the Work. 5. Project Managers. rev. 11-06 Century Link: Project Developer: Dale Hartman Brian Roberts 23315 66m Ave. So. City of Federal Way Kent, Wa., 98032 33325 8t" Ave S 253 - 372 -5364 Federal Way, WA 98003- 6325 Century Link Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. - 3 - 114 Agreement No. NCA7900.0 Statement of Work No. NCA7900.SS1.0 The parties, intending to be legally bound, have caused this Statement of Work to be executed on the dates set forth below. CenturyLink Corporation Project Developer (Authorized Signature) (Authorized Signature) Sam Farhat Skip Priest (Print or Type Name of Signatory) (Print or Type Name of Signatory) Director Local Network Engineering & Construction Mayor (Title) (Title) 2fi/i3 (Execution Date) (Execution Date) rev. 11 -06 APPROVED AS TO FORM: City Attorney, Patricia A. Richardson CenturyLink Copfigential and Proprietary Disclose and distribute solely to &oie individuals who have a need to know. _4- Agreement No. NCA7900.0 Statement of Work No. NCA7900.SS1.0 EXHIBIT A THE PROJECT The City of Federal Way proposes to provide a joint utility corridor for the installation of underground facilities required to facilitate relocation of existing underground facilities for the 21St Ave. SW & SW 336u' St project. CenturyLink has existing underground facilities in conflict with project design that will be relocated using the joint utility corridor. rev. 11 -06 CenturyLink Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -5- 116 Agreement No. NCA7900.0 Statement of Work No. NCA7900.SS1.0 EXHIBIT B THE WORK AND THE WORK SCHEDULE The City's contractor will excavate trench and install approximately 1870 lineal feet of CenturyLink provided conduit in various duct configurations in approximately 800 trench feet of the joint utility corridor in accordance with CenturyLink design E.405218. The City's contractor will excavate for and install 1 - 4484TCA type concrete vault that will overset existing facilities, 1 — 264TA type concrete hand hole and 1 -25TA type concrete hand hole that will overset existing facilities, 1 -8" closure, and 1 -12" closure. All facility installation will be in accordance with the CenturyLink design E.405218 which is incorporated into the City's 21st Ave. SW & SW 33&' St. project design. The City's design Consultant will design and provide joint utility trench plans to insert into the project construction plans per the scope of work attached in EXHIBIT D -1. CenturyLink's pro -rata share of the design labor cost is attached in EXHIBIT D -2. The City's contractor will be responsible for all excavation including haul off and disposal of spoil, shoring, backfill including imported backfill material, compaction, restoration, including hard surface removal and replacement and labor to install CenturyLink's facilities. All conduit placed by the City's contractor must be proofed by passing a 3.75 inch outside diameter cleaning mandrel through each 4 inch conduit and placement of a CenturyLink provided polyethylene measuring tape in each conduit. Conduit that cannot be proofed by means of passing a 3.75 inch cleaning mandrel through the conduit will not be accepted by CenturyLink until such time as any necessary repairs are made and successful conduit proofing is completed. Vaults installed by the City's contractor must be set to final grade and all vault sections, riser rings and vault entrance covers must be sealed using Conseal mastic provided by CenturyLink with the vault. After installation of all conduit, vaults and pedestals, proofing of conduit, and acceptance of installations by the CenturyLink field representative, CenturyLink will provide and place all cable in newly placed conduit and perform cable splicing and service cutover. CenturyLink will require 45 working days to pull cables, splice and cutover customer service from the completion of installation, proofing and acceptance of all conduit, and vaults. rev. 11 -06 CenturyLink Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. - 6 - 117 Agreement No. NCA7900.0 Statement of Work No. NCA7900.SS1.0 EXHIBIT C WORK PRICE SCHEDULE CenturyLink will pay the City a unit rate as noted in Schedule C of the City's bid opening results for the 21st Ave. SW and SW 336th St Project for the installation of 4 -inch conduit in City provided joint utility trench on a per lineal foot basis as documented in EXHIBIT D -3. CenturyLink will pay the City a unit cost rate as noted in Schedule C of the City's bid opening results for the 21st Ave. SW & SW 336th St. project for the installation of one 4484TCA type vault on a per vault installed basis as documented in EXHIBIT D -3. CenturyLink will pay the City a unit cost rate as noted in Schedule C of the City's bid opening results for the 21st Ave. SW and SW 336th St. project for the installation of one 264 TA type hand hole on a per hand hole installed basis as documented in EXHIBIT D -3. CenturyLink will pay the City a unit cost rate as noted in Schedule C of the City's bid opening results for the 21st Ave. SW and SW 336th St. project for the installation of one 25 TA type hand hole on a per hand hole installed basis as documented in EXHIBIT D -3. CenturyLink will pay the City a unit cost rate as noted in Schedule C of the City's bid opening results for the 21st Ave. SW and SW 336th St. project for the installation of one 8" Closure on a per each installed basis as documented in EXHIBIT D -3. CenturyLink will pay the City a unit cost rate as noted in Schedule C of the City's bid opening results for the 21st Ave. SW and SW 336th St project for the installation of one 12" Closure on a per each installed basis as documented in EXHIBIT D -3. CenturyLink will pay the City for its proportionate share of Structure Excavation Class B Incl. Haul for Underground Utilities at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in Exhibit D -4 per cubic yard for trench for those elements. CenturyLink will pay the City for its proportionate share of Pit Run Sand at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D -4 per cubic yard for backfill. CenturyLink will pay the City for its proportionate share of Gravel Borrow Incl. Haul at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D -4 per cubic yard for backfill. CenturyLink will pay the City for its proportionate share of Shoring or Extra Excavation Class B at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D-4 per square foot of trench length and depth. CenturyLink will pay the City for its proportionate share of Controlled Density Fill (CDF) at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D -4 per square foot of trench length and depth. CenturyLink will pay the City for its proportionate share of Crushed Surfacing Base Course (CSBC) at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D -4 per square foot of trench length and depth. CenturyLink will pay the City for its proportionate share of Temporary Pavement at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D-4 per ton. CenturyLink will pay the City for its proportionate share of traffic control at the unit cost rates as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D -4 per hour for all days in which CenturyLink facilities are installed by the City. CenturyLink will pay the City for its proportionate share of Mobilization at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D -4 per hour for all days in which CenturyLink facilities are installed by the City. All unit cost bid item costs include sales tax. CenturyLink will pay the City for its proportionate share of construction management at the rate of 12.5% of the construction subtotal of the above unit costs as documented in EXHIBIT D -4. CenturyLink will pay the City for its proportionate share of contract administration at the rate of rev. 11 -06 CenturyLink Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 7- 118 Agreement No. NCA7900.0 Statement of Work No. NCA7900.SS1.0 5% of the project cost as documented in EXHIBIT D -4. Actual final cost will be calculated based on actual proportionate share of trench occupied by CenturyLink conduit, actual lineal footage of conduit, actual number of vaults, hand holes and pedestal installed by the City's contractor. Costs presented are estimates only, actual costs incurred will be used to calculate final cost of utility relocation portion for reimbursement to the City. Total estimated net cost to CenturyLink for facility installation is $53,926.00 as documented in EXHIBIT D -5. Total actual cost is not to exceed $62,014.90 without prior written approval from CenturyLink pursuant to section 4 of this statement of work. The costs noted in this exhibit are estimates only. Actual costs incurred based on unit rates as noted in Schedule C of the City's bid opening results will be used to calculate final cost of utility relocation portion for reimbursement to the City. The total actual not to exceed cost does not relieve CenturyLink from its responsibility for reimbursing the City for legitimate, substantiated delay claims from the City in the event that CenturyLink fails to perform under the terms of the agreement or fails to complete facility relocation as detailed in exhibit B of this statement of work. CenturyLink will pay the City within 45 days of receipt of a correct invoice. rev. 11 -06 CenturyLink Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -8- 119 Agreement No. NCA Statement of Work No. NCA EXHIBIT D -1 City of Federal Way 21st Ave SW @ SW 336th St /SW Campus Dr Intersection Improvement Project CH2M HILL, Inc. Scope of Work Amendment #4 Description: The City has directed the Consultant to incorporate a joint trench design into the plan set to accommodate relocation of Puget Sound Energy, Century Link and COMCAST facilities. The facilities in question are located near the Dairy Queen at the west end of the project on the south side and at the intersection of 21st Ave SW and SW 336th Street and extending east to 19th Ave SW. In addition trench crossings will be necessary on the north and east legs of the intersection. Scope: The Consultant will modify the current illumination plans (three (3) drawings) to illustrate the locations of the joint trench, utility vaults, handholes, closures and pedestals. The Consultant will revise the utility detail sheet (one (1) drawing) to include two (2) typical trench sections for the joint trench. The Consultant will modify the current staging plans (seven (7) drawings) to incorporate work necessary to construct the joint trench and install the facilities. The Consultant will review the relocation plans provided by the utility companies and use those as a basis for the location of the utility joint trench and facilities. Where conflicts are identified between the current design stormwater, illumination, and traffic signal equipment locations the Consultant will make adjustments to the utility company locations to avoid conflicts. Where significant modifications are identified the Consultant will alert the City prior to making revisions. The Consultant will develop a construction cost estimate for each utility company facility relocation that will include the construction costs for the joint trench and installation costs for the associated conduits, vaults, handholes, closures and pedestals. Quantities for conduits, vaults, handholes, closures and pedestals will be provided by each utility company for their facilities. The Consultant will incorporate the construction costs into the total project construction estimate and create three additional bid schedules (B, C, D) for the bid package. The Consultant will develop special provisions related to the relocation of the utility company facilities. Assumptions: Utility Company provided pothole data information is accurate and represents actual field conditions at the specific location measured. It is assumed that a straight line interpolation between data points best represents the horizontal and vertical location of facilities. The Utility companies were provided both existing and design basemaps for their use in their design. It is assumed that the utility companies have performed their own conflict review and the current locations of their planned facilities avoid significant conflicts with other design elements. In the event that significant conflicts are found additional design costs will be incurred. It is assumed that one round of review comments, consolidated comments from LUD and the City, will be incorporated into the design. The budget for this work is limited to the budget attached. Costs beyond this budget will be considered extra work. Deliverables: Revised plan sheets (eleven (11) sheets), Construction cost estimate per utility Revised total project Construction Cost Estimate Revised Bid Schedule Utility Relocation special provisions Rev.11 -06 CenturyLink Confidential and Proprietory Disclose and distribute solely to those individuals who have a need to know - 9 - 120 EXHIBIT D -3 Attachment C BID SCHEDULE CITY OF FEDERAL WAY 21" Avenue SW at SW 33611 Street Intersection Improvements RFB * 13-103 BID SCHEDULE C - CenturyLink All unit prices in Bid Schedule C shall include applicable sales tax. Agreement No. NCA Statement of Work No. NCA ITEM NO. ITEM DESCRIPTION UNIT PRICE IN WORDS UNIT APPROX. QUANTITY UNIT PRICE OCL SRS AMOUNT DOLLARS 9050 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LS 1 62.430.00 62,430.00 9060 INSTALL 4• SCHEDULE 40 PVC CONDUIT LF 1,870 65.00 59,350.00 9070 INSTALL HANDHOLE 264-TA EA 1 6600.00 5600.00 9080 INSTALL HANDHOLE 25 -TA EA 1 $600,00 $600.00 9090 INSTALL VAULT 4484 -TA EA 1 62,000.00 52,0110.00 9100 INSTALL 8" CLOSURE EA 1 $400,00 5400.00 9110 INSTALL 12" CLOSURE EA 1 6400.00 $400 -00 TOTAL SCHEDULE C (bid Items include sales tax) =15,780.00 rev 11 -06 Cenlurylink Confidential and Propnetory Disclose and distribute solely to those individuals who have a need to know - 11 - 122 EXHIBIT D-4 123 Agreement No. NCA Statement of Work No. NCA Exhibit D -5 Estimated Project Costs ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR CENTURYLINK FACILITY RELOCATION ESTIMATED DESIGN COST Labor — CH2M Hill $3,523 ESTIMATED CONSTRUCTION COSTS Duct and Vault $15,780 Share of Joint Trench Cost $23,269 Subtotal Construction Including Sales Tax $39,049 Construction Contingency (10% of Construction cost.) $3,905 Construction Management (12.5% of Construction cost.) $4,881 ESTIMATED TOTAL CONSTRUCTION COST $47,835 ESTIMATED PROJECT COST $51,358 Project Administration (5% of project cost) $2,568 TOTAL ESTIMATED COST $53.926 Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of CenturyLink's utility relocation portion for reimbursement to the City. Rev.11 -06 CenturyLink Confidential and Proprietory Disclose and distribute solely to those individuals who have a need to know - 13 - 124 COUNCIL MEETING DATE: March 19, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: 21S` Avenue Southwest at Southwest 336th Street Intersection Improvements Comcast Letter of Understanding POLICY QUESTION: Should the Council authorize the Mayor to sign the 21st Avenue Southwest at Southwest 336th Street Intersection Improvements Comcast Letter of Understanding? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 4, 2013 CATEGORY: Consent ❑ Ordinance ❑ Public Bearing ❑ Resolution ■ Ot ❑ City Council Business STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Directo DEPT: Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated March 4, 2013. Options Considered: 1. Authorize the Mayor to sign the 21m Avenue SW at SW 336th Street Intersection Improvements Comcast Letter of Understanding. 2. Do not authorize the Mayor to sign the Comcast Letter of Understanding, and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the March 19, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the March 19, 2013 City Council Consent Agenda for approval. Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member PROPOSED COUNCIL MOTION: "1 move to authorize the Mayor to sign the 21s1 Avenue SW at SW 336`/` Street Intersection Improvements Comcast Letter of Understanding." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 02/06/2006 125 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and mergency ManagementeM4N. Marwan Salloum, P.E., Deputy Public Works Director SUBJECT: 21st Avenue Southwest at Southwest 336th Street Intersect on Improvements - Comcast Letter of Understanding BACKGROUND: The 21st Avenue Southwest at Southwest 336th Street Intersection Improvements project will construct dual left -turn lanes eastbound and westbound and a right —turn lane westbound. This project also includes access control along SW 336th Street and will install a new traffic signal west of the intersection to allow for left turn access into the businesses north and south of the roadway. Additional work will include storm drainage, paving, curb, gutter, sidewalk, street lighting, signing, channelization, and landscaping. One consequence of the project is that Comcast underground facilities must be relocated to avoid conflicts with project facilities. Comcast has agreed to relocate their facilities into a joint utility trench. Per the attached Letter of Understanding, Comcast will reimburse the City for all costs associated with the installation of new duct and vaults. The total estimated cost which the City will bill to Comcast is estimated at $63,260.01. The final cost will be based on actual bid prices and quantities installed. The attached Letter of Understanding shows the methodology used to calculate the construction cost to be billed to Comcast. 126 Return to: Attn: Brian Roberts City of Federal Way 33325 8th Avenue S Federal Way, WA 98003 -6325 LETTER OF UNDERSTANDING BETWEEN THE CITY OF FEDERAL WAY AND COMCAST CORPORATION FOR THE 21ST AVENUE SW AT SW 336TH STREET INTERSECTION IMPROVEMENTS PROJECT THIS LETTER OF UNDERSTANDING (this "LOU ") is made and entered into this day of , 2013, by and between the City of Federal Way (hereinafter "City ") and Comcast Corporation (hereinafter "Comcast "), collectively referred to herein as the "Parties ". WHEREAS, the City proposes to proceed with the 21st Avenue SW at SW 336th Street Intersection Improvements project (hereinafter "Project "); and WHEREAS, Comcast provides fiber optic cable service in the general area of the Project in accordance with Franchise 09 -620, applicable Washington State and City of Federal Way laws, and regulations; and WHEREAS, in connection with the roadway improvements being undertaken by the City, Comcast will be required to relocate certain facilities such as ducts, vaults, cables and pedestals within the Project area; and WHEREAS, In accordance with the Federal Way — Comcast Cable Franchise Agreement, Ordinance No. 09 -620, if the City charges Comcast for use of a provided trench, Comcast shall participate in the joint trench portion of the project (the "Joint Utility Trench Work ") and pay the City a portion of the trench costs, including but not limited to, trench bedding, backfill, and traffic control commensurate with Comcast's proportionate share of trench usage. NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows: I. PRECONSTRUCTION ESTIMATE. The City's design Consultant will design and provide joint utility trench plans to insert into the project construction plans per the scope of work attached in EXHIBIT A -1. 21st Ave SW at SW 336th St Page 1 2013 intersection Improvements 127 Comcast's pro -rata share if the design labor cost is attached in EXHIBIT A -2. Exhibit A -3 is a good faith project cost estimate for Comcast's duct and vault installation. Exhibit A -5 is a good faith project cost estimate of Comcast's share of Joint Utility Trench Work. Costs are based on an engineer's estimate provided by CH2M Hill. Exhibit B is a good faith total project cost based on an estimate of Comcast's share of project administrative costs. II. BIDDING AND CONSTRUCTION. A. It is the intention of the City and Comcast that Comcast plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such a manner as to allow, to the extent possible, identification of cost allocations between the Parties. To ensure reasonable and balanced bids by potential contractors within the bidding process, the City agrees to maintain Comcast duct and vault line items as a separate schedule. B. Following opening of construction bids on the Project, Exhibits A and B will be updated by the City based on the bid responses submitted for Comcast Joint Utility Trench Work. Revised Exhibits A and B will be provided to Comcast for its review. Within twenty days of receiving the bid prices, Comcast shall notify the City in writing that Comcast approves their portion of the bid award plus administrative costs. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Director of Parks, Public Works, and Emergency Management and /or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. Comcast grants to the City Director of Parks, Public Works, and Emergency Management and /or his or her designee authority to act on behalf of Comcast sufficient to carry out the provisions of this Letter of Understanding. B. Comcast shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect Comcast Joint Utility Trench Work, which changes shall be made, if feasible. The City shall notify Comcast, in writing, of any changes required of the Joint Utility Trench Work and shall obtain Comcast's approval of such changes. Comcast's approval shall not be unreasonably withheld. Comcast shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by Comcast. IV. PAYMENT. A. Comcast shall reimburse the City for all costs incurred by the City in performing the Joint Utility Trench Work, which costs shall include, but are not limited to, the Joint Utility Trench Work performed by the Project contractor(s), all Comcast requested changes, and Comcast's cost share of the City services described in Paragraph III (A) herein. 21St Ave SW at SW 336th St Page 2 2013 Intersection Improvements 128 B. All payments shall be due from Comcast to the City within forty five (45) days after receipt by Comcast of said sums billed to Comcast. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold Comcast, its officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including; without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this LOU to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this LOU. B. Comcast agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this LOU to the extent caused by the negligent acts, errors or omissions of Comcast, its agents or employees, or by Comcast's breach of this LOU. The provisions of this paragraph shall survive the expiration or termination of this LOU with respect to any event occurring prior to such expiration or termination. VI. DURATION. This LOU shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and Comcast. Adherence to deadline dates is essential to the performance of this LOU. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Upon completion of the construction and Comcast's acceptance of the duct and vault system shall, in effect, transfer ownership of the duct and vault system to Comcast and Comcast shall thereafter be responsible for maintenance of such facilities. C. Comcast shall be required to obtain a Right of Way Permit to install cable in the new duct and vault system and to wreck out its obsolete aerial facilities. D. This LOU contains the entire written agreement of the Parties and supersedes all prior discussion. This LOU may be amended only in writing, signed by both Parties. 21st Ave SW at SW 336th St Page 3 2013 intersection Improvements 129 E. Any provision of this LOU, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this LOU. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY COMCAST CORPORATION Skip Priest, Mayor 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -2410 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney ATTEST: Carol McNeilly, CMC, City Clerk Steve Taber, Vice President of Engineering 410 Valley AVE NW Suite 12 -Bldg C Puyallup, WA 98371 (425) 741-5781 21St Ave SW at SW 336th St Page 4 2013 Intersection Improvements 130 EXHIBIT A -1 21st Avenue SW at SW 336th Street Intersection Improvements Project City of Federal Way 21st Ave SW @ SW 336th St /SW Campus Dr Intersection Improvement Project CH2M HILL, Inc. Scope of Work Amendment #4 Description: The City has directed the Consultant to incorporate a joint trench design into the plan set to accommodate relocation of Puget Sound Energy, CenturyLink and COMCAST facilities. The facilities in question are located near the Dairy Queen at the west end of the project on the south side and at the intersection of 21St Ave SW and SW 336th Street and extending east to 19t" Ave SW. In addition trench crossings will be necessary on the north and east legs of the intersection. Scope: The Consultant will modify the current illumination plans (three (3) drawings) to illustrate the locations of the joint trench, utility vaults, handholes, closures and pedestals. The Consultant will revise the utility detail sheet (one (1) drawing) to include two (2) typical trench sections for the joint trench. The Consultant will modify the current staging plans (seven (7) drawings) to incorporate work necessary to construct the joint trench and install the facilities. The Consultant will review the relocation plans provided by the utility companies and use those as a basis for the location of the utility joint trench and facilities. Where conflicts are identified between the current design stormwater, illumination, and traffic signal equipment locations the Consultant will make adjustments to the utility company locations to avoid conflicts. Where significant modifications are identified the Consultant will alert the City prior to making revisions. The Consultant will develop a construction cost estimate for each utility company facility relocation that will include the construction costs for the joint trench and installation costs for the associated conduits, vaults, handholes, closures and pedestals. Quantities for conduits, vaults, handholes, closures and pedestals will be provided by each utility company for their facilities. The Consultant will incorporate the construction costs into the total project construction estimate and create three additional bid schedules (B, C, D) for the bid package. The Consultant will develop special provisions related to the relocation of the utility company facilities. Assumptions: Utility Company provided pothole data information is accurate and represents actual field conditions at the specific location measured. It is assumed that a straight line interpolation between data points best represents the horizontal and vertical location of facilities. The Utility companies were provided both existing and design basemaps for their use in their design. It is assumed that the utility companies have performed their own conflict review and the current locations of their planned facilities avoid significant conflicts with other design elements. In 'the event that significant conflicts are found additional design costs will be incurred. It is assumed that one round of review comments, consolidated comments from LUD and the City, will be incorporated into the design. The budget for this work is limited to the budget attached. Costs beyond this budget will be considered extra work. Deliverables: Revised plan sheets (eleven (11) sheets). Construction cost estimate per utility Revised total project Construction Cost Estimate Revised Bid Schedule Utility Relocation special provisions 2151 Avenue SW at SW 336th Street Page 6 2013 Intersection Improvements 131 EXHIBIT A -2 21st Avenue SW at SW 336th Street Intersection Improvements Project Comcast Proportionate Share of Joint Trench Design Cost Exhibit E -4: Joint Trench Design Staff Name Matt Johnson Guy Caley Raymond Chung Stephen Mak Kevin Whitehouse 811111 e $ 198.35 $ 140.36 $ 124.02 $ 135.89 $ 106.86 Task Name Total Hours Total Cost Engineering 4 20 20 44 $ 5,759.64 CADD 44 44 $ 4,701.84 Quantities & Estimate 8 8 16 $ 2,673.92 Specifications 2 2 $ 396.70 Bid Schedule 4 $ 793.40 Project Management 4 4 $ 793.40 18 4 20 28 44 110 $ 15,118.90 Comcast proportionate share of Joint Utility Trench design cost: $15,118.90 X 35.8% = 21st Ave SW at SW 336th St • Intersection Improvements Page 7 $5,412.57 2013 EXHIBIT A -3 21st Avenue SW at SW 336th Street Intersection Improvements Project Attachment C BID SCHEDULE CITY OF FEDERAL WAY RFD # 13 -103 BID SCHEDULE D - Comcast All unit prices in Bid Schedule D shall include applicable sales tax. ITEM NO. ITEM DESCRIPTION UNIT PRICE IN WORDS UNIT APPROX. QUANTITY UNIT PRICE DOLLARS CENTS AMOUNT DOLLARS CENTS 9120 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LS 1 $1,203.00 $1,203.00 9130 INSTALL 2" SCHEDULE 40 PVC CONDUIT LF 1,062 $3.00 $3,186.00 9140 INSTALL 4" SCHEDULE 40 PVC CONDUIT LF 531 $5.00 $2,655.00 9150 INSTALL VAULT SGLB 3048 EA 1 $1,000.00 $1,000.00 9160 INSTALL VAULT SGLB 2436 EA 1 $1,000.00 $1,000.00 TOTAL SCHEDULE D (bid items include sales tax) $9,044.00 21st Avenue SW at SW 336th Street Page 8 2013 Intersection Improvements 133 Begin End PSE 3" Utility Vault Station Station Conduit Comcast 32685 32708 Comcast 32708 32751 Comcast vyn 32751 32776 Comcast 32776 32796 Comcast sweep 32776 32910 Comcast 32910 32910 Comcast 32910 32857 Comcast CV1 33517 33535 Comcast 33535 33545 Comcast JCT-W 33545 33572 Comcast JCT-E 33572 33625 Comcast AP 33625 33665 Comcast sweep 33665 33838 Comcast CP3 33838 33838 Comcast 33838 33838 Comcast CV2 33838 34013 Comcast 33838 33872 Comcast 20949 21026 Comcast JCT-E 21026 21090 Comcast CP1 21090 21216 Comcast 21216 21227 Comcast 21227 21234 WOW TOMO, EXHIBIT A-4 21st Avenue SW at SW 336th Street Intersection Improvements Project Comcast Joint Utility Trench Costs Total# Cmcst Cmcst Toted# Conduit Share PSE4" Clink4" 2" 4" Co duo in Trench of %of % of Traffic % of Str Exc % of %of Pit Run % of Gravel % of HMA Conduit Conduit Conduit Conduit This Utility Trench Length Trench Mobilization Control for LUG Shoring Sand Borrow %ot CDF % of CSBC 1/2" Temp HMA Notes 1 23 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $9.00 30.00 $0.00 $0.00 2 43 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3 25 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 1 20 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3 134 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3 25 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 - $0.00 3 53 0% 90.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 18 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 2 10 50% $28.83 $84.10 $51.35 $31.04 $13.59 $76.15 575.19 $7.34 $0.00 $45.08 1 3 27 33% $51.89 $151.39 $92.43 $55.87 $24.46 $137.06 $135.33 $1321 $0.00 $81.14 1 5 53 20% $61.12 $178.30 $108.87 $65.80 $28.81 $161.43 $159.39 $15,55 $0.00 $95.57 2 2 6 55 33% $105.71 $308.38 $188.29 $113.81 $49.83 $279.20 $275.88 $26,90 $0.00 $165.29 2 2 6 173 33% $332.50 $969.99 $59226 $357.97 $156.74 $87821 $867.15 $84.62 $0.00 $519.91 4 4 7 30 57% $98.84 $288.36 $176.07 $106.42 $46.59 $261.07 $257.78 $25.15 $0.00 $154.56 0 1 10 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2 2 175 100% $1,009.03 $2,943.63 $1,797.33 $1,086.33. $475.64 $2,665.10 $2,631.51 $256.78 $0.00 $4,577.75 0 1 50 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 1 1 77 100% $443.97 $1,295.20 $790.83 $477.99 $20928 $1,172.64 $1,157.87 5112,98 $0.00 $694.21 1 1 3 64 33% $123.01 $358.84 $219.10 $132.43 $57.98 $324.89 $320.79 $31.30 $0.00 $192.34 2 2 4 12 126 33% $242.17 $706.47 $431.36 $260.72 $114.15 3639.62 $631.56 $61.63 $0.00 $378.66 0 12 11 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 4 7 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 NOTES Conduit sweeps are not measured Comcast proprtionate share of Joint Utility Trench: $35,742.64/$99,781.18 = 35.8% 21st Ave SW at SW 3361h St Page 9 Intersection Improvements 2013 Exhibit B Estimated Costs 21ST AVENUE SW AT SW 336TH STREET INTERSECTION IMPROVEMENTS PROJECT ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR COMCAST JOINT UTILITY TRENCH WORK ESTIMATED DESIGN COST Labor - CH2M Hill ESTIMATED CONSTRUCTION COSTS $5,412.57 Duct and Vault Installation $9,044.00 Share of Joint Utility Trench $35,742.64 Subtotal Construction $44,786.64 Construction Contingency (10% of Construction Cost) $4,478.66 Construction Management (12.5% of Construction Cost) $5,598.33 ESTIMATED TOTAL CONSTRUCTION COST $54,863.63 ESTIMATED PROJECT COST Design Plus Construction Cost $60.276.20 Project Administration (5% of Project Cost) $3,013.81 TOTAL ESTIMATED COST $63,290.01 Note: The LOU will be amended upon receipt of the lowest responsible bid. Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of Comcast Joint Utility Trench Work for reimbursement to the City. 21st Ave SW at SW 336th St Page 10 2013 Intersection Improvements 135