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Council PKT 03-19-2013 RegularCITY OF � Federaf Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 19, 2013 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE Of ALLEGIANCE 3. PRESENTATIONS a. Sound Transit — Light Rail Alignment and Station Location Study b. Mayor's Emerging Issues 4. CITIZEN COMMENT P�EASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAK/NG. When recognized by the Mayor, come fonvard to the podium and state your name for the necord. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval. All items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: March 5, 2013 Special and Regular Meetings ...page 3 b. 2013 Asphalt Overlay Program — Bid Award...page 12 c. 21 St Ave. SW at SW 336�" Street Intersection Improvements — Design/Construction Interlocal Agreement with Lakehaven Utility District...page 18 d. 21 St Ave. SW at SW 336th Street Intersection Improvements — Utility Relocation Agreement with Puget Sound Energy...page 31 e. 21 St Ave. SW at SW 336th Street Intersection Improvements — Joint Construction Agreement with Century Link...page 55 f. 21st Ave. SW at SW 336th Street Intersection Improvements — Reimbursement Letter of Understanding with Comcast...page 78 g. Resolution: Acceptance of WSDOT Quick Response Safety Grants...page 89 h. NPDES Annual Report and Updated SWMP ...page 102 Landscape Bid Awards...page 143 j. Program Year 2012 CDBG Consolidated Annual Performance Evaluation Report...page 146 The Council may add items and take action on items not listed on the agenda. 6. COUNCIL BUSINESS a. 2013 Community Enhancement Grant Allocations...page 170 b. 2013 Council Retreat Summary...page 173 c. Authorization to Proceed with the Schematic Design for a Performing Arts and Conference Center...page 179 7. ORDINANCES Second Reading: a. CB# 621: 2013 Carrv Forward Budqet Adiustment...page 181 An ordinance of the City of Federal Way, Washington relating to Budgets and Finance to Carry Forward Funds Revising the 2013-14 Biennial8udget. 8. COUNCIL REPORTS 9. MAYOR'S REPORT 10. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. COUNCIL MEETING DATE: March 19, 2013 ITEM #: `�C�t _ ................................................_.........................................._....._................................................._...................... __..........................................................................._....__............_.................................._.........................................._......._............. _. ... .. . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the March 5, 2013 Special and Regular City Council Meetings? COMMITTEE: N/A CATEGORY: � Consent ❑ City Council Business �■ Ordinance Resolution MEETING DATE: N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeilly, City Clerk DEPT: Human Resources Attachments: Draft minutes from the March 5, 2013 Special and Regular City Council Meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY CLERK APPROVAL: N/A �_ DIRECTOR APPROVAL: N/fl N/�1 Committee Council Committee Council COMMTTTEE RECOMMENDATION: N/fl PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES, AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERXS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # QTY OF ,'� Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEfTING Council Chambers - City Hall March 5, 2013 6:30 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 6:30 p.m. City officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Gouncilmember Diana Noble-Gulliford and Councilmember Dini Duclos. City staff present: Assistance City Attorney Peter Beckwith and City Clerk Carol McNeilly. 2. COUNTY-WIDE 2014-2019 MEDIC ONE / EMERGENCY MEDICAL SERVICES LEVY PRESENTATION Councilmember Duclos reported she began serving on the EMS Advisory Task Force this year. The Task Force developed an inter-jurisdictional agreement on an updated EMS strategic plan and financing package. Due to the fact the only source of funding for Emergency Medical Services is through levies, the Task Force recommended a county-wide levy be placed on the ballot in November. The Task Force's recommendation was approved by King County. State Law authorizes the county-wide levy for Emergency Medical Services provided that cities with populations exceeding 50,000 approve the levy to be placed on the ballot for an election. There is a proposed resolution on tonight's Regular Meeting agenda to approve placing the measure on the ballot It is not a resolution for endorsement of the levy. King County Emergency Medical Services Division Director Jim Fogarty provided information on the county-wide 2014-2019 Medic One / Emergency Medical Services Levy. Emergency Medical Services is a regional, tiered, medical model comprised of citizen involvement, dispatchers, Police, basic and advanced life support services as well as hospitals. Mr. Fogarty reviewed the planning process for the levy which began in October 2011. Representatives of nineteen stakeholder agencies (including Federal Way) served on the EMS Levy Advisory Task Force or one of the subcommittees. The Advanced Life Support (ALS) Task Force recommendations include maintaining existing ALS services of 26 medic units. Basic Life Support (BLS) Task Force recommendations include maintaining partial funding for BLS Services (approximately 23% of levy). The proposed levy would increase the current property tax rate of $0.30 to $0.335 per $1,000 assessed value. The estimated cost to Federal Way residents is $65.01 per household. City Council Minutes — March S, 2013 Special Meeting Page 1 of 2 3. ADJOURNMENT Mayor Priest adjourned the meeting at 6:58 p.m. Attest: Caroi McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — March S, 2013 Speciad Meeting Page 2 of 2 CITY OF ,� Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 5, 2013 7:00 p.m. www. cityoffederal wa y. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:05 p.m. City officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Diana Noble-Gulliford and Councilmember Dini Duclos. City staff present: Assistant City Attorney Peter Beckwith and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Dick Mayer led the Pledge of Allegiance. 3. PRESENTATIONS a. Volunteer Spotliqht: One Niqht Homeless Count Mayor Priest announced tonighYs Volunteer Spotlight focuses on the volunteers involved in the annual One Night Homeless Count. Councilmember Maloney reported the One Night Homeless Count provides information for agencies committed to addressing the needs of the homeless population. It also helps elected officials set funding levels, direct policy and program development, and acts as an indicator of how well the community is responding to the issue of homelessness. This year's county-wide count took place Friday, January 25"'. In Federal Way thirty-seven volunteers and four police officers participated in the count which was organized by the Multi-Service Center, the City, and the Police Department. Multi-Service Center Housing Program Director Manuela Ginnett stated Federal Way has been participating in this event since 2002. Volunteers were out between 2:00 a.m. and 5:00 a.m. counting individuals residing in cars, bushes, tents, and on the street. This year's count was 118 individuals. Mr. Ginnett thanked the many volunteers who participated in the count and thanked the Council for recognizing their efforts. b. Proclamation: AmeriCorps Week Mayor Priest stated AmeriCorps is a national service program that connects tens of thousands of Americans to communities through public service. The Federal Way Public Schools operates one of the largest and most effective AmeriCorps programs in the country. They provide academic tutoring and volunteering for projects such as park improvements. Mayor Priest read the proclamation into the record and presented it to City Council Minutes — March 5, 2013 Regular Meeting Page 1 of 6 AmeriCorps Program Director Debbie McGee and Volunteer Supervisor Danielle Bonner. Ms. McGee thanked the Council for the recognition as well as their ongoing support. c. Certificates of Appointment: Arts Commission At their February 19, 2013 meeting, the City Council re-appointed Fran Tanner and Mary Tynan to the Arts Commission. Councilmember Honda read the Certificates of Appointments into the record. d. Mavor's Emerainq lssues Communitv Center Bond Update: Mayor Priest announced the City has been working to refinance the Federal Way Community Center bonds. This includes working with the ratings agency to reaffirm the City's good credit ratings for the bonds. The ratings agency issued the reaffirmation, allowing the City to lock in lower interest rates. The refinancing will save taxpayers $1.74 Million over the life of the bonds. He thanked Finance Director Tho Kraus for her work on this project. Legislative Update: Metal Theft Legislation — Mayor Priest stated HB 1552 is moving through the Rules Committee in the House of Representatives. The key issue will be finding a funding mechanism for metal theft prevention authority and licensing structure. Lodging Tax — Mayor Priest reported debate is occurring in the Senate with SB 5262. Cities are fighting to preserve this important of this economic development tool. We are currently working to see the bill passed out of the Rules Committee. Transportation — Mayor Priest noted there has been a lot of discussion regarding transportation; however, so far no proposal has captured significant momentum. One of federal Way's key priorities is funding the final phase of the Triangle Project. The City will continue to advocate for that project. Council Annual Retreat — March g'n This Saturday, March 9th the Council will conduct their annual retreat at the Courtyard Marriott Hotel in Federal Way starting at 9:00 a.m. Agenda items include downtown Economic Development and the AMC Site and a Performing Arts and Conference Center, Public Safety, city image and marketing as well as other topics. There will be opportunities for public comment. The retreat agenda has been posted to the website and retreat materials will be posted this week. Representative Roqer Freeman: Mayor Priest noted former City Councilmember, now State Representative Roger Freeman announced that he is battling a serious illness. Mayor Priest stafied the City Council and City staff were thinking of Roger and his family, and hoping for a complete recovery. 4. CITIZEN COMMENT Laura Moser with Waste Management provided the Council with the Waste Management 2012 Annual Report and highlighted some key components of the report. Rvan Miller spoke in support of the development of a PerForming Arts and Conference Center City Council Minutes — March 5, 2013 Regular Meeting Page 2 of 6 in Federal Way. Keith Livinqston spoke in support of the City developing a Performing Arts and Conference Center. Martin Moore, Legislative Assistant to Representative Roger Freeman, announced Representative Freeman will be hosting a Community Meeting on March 16th at Poverty Bay Cafe from 1:00 p.m. to 2:30 p.m. Norma Blanchard spoke is opposition of developing a Performing Arts and Conference Center at this time. She encouraged the Council to look at the whole picture regarding costs associated with the project. Andrew Nix spoke in support of a Performing Arts and Conference Center in Federal Way. 5. CONSENT AGENDA Items listed be/ow have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval. All items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: February 19, 2013 Special and Regular Meetings b. Monthly Financial Report — December 2012 c. Vouchers d. Resolution: 2013-2015 Solid Waste and Recycling Grant Approvals — Resolution 1�- 632 e. Second Amendment to the Thundering Oak Enterprises Agreement f. Authorization of Housing Repair Prograrn Contract — City Energy Systems g. Authorization of Housing Repair Program Contract — M.A.D. Construction LLC h. Authorization of Housing Repair Program Contract — TruForce LLC i. Authorization of Housing Repair Program Contract — C+S General Contracting LLC j. Authorization of Housing Repair Program Contract — Northwest Roof Services lnc. k. Amendments to CDBG Commercial Exterior Improvement Program Policies/ Procedures I. Resolution: Investment Policy Amendments — Resolution 13-633 m. Interlocal Agreement between the City and Federal Way School District for Use of School District Fueling Stations n. Agreement with SKCSRA Soccer Referees o. Agreement with WSSUA Softball Umpires Motion: Deputy Mayor Ferrell moved approval of Consent Agenda items 5.a. through 5.0. Councilmember Burbidge second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Nob1e-Gulliford Yes Councilmember Duclos Yes City Council Minutes — March 5, 2013 Regular Meeting Page 3 of 6 � 7. Motion carried 7-0 COUNCIL BUSINESS a. Resolution: Approvinq the Placement of the County-wide 2014-2019 Medic One/Emerqencv Services Levv on the Kinq Countv Ballot At their 6:30 p.m. Special Meeting the Council received a presentation from Jim fogarty, Director of the King County Emergency Medical Services Division relating to this item. Councilmember Duclos provided a brief summary of the presentation Council received at the Special Meeting. Emergency Medical Services have historically been funded through ievies. State law provides that a county-wide levy may come before the voters if all cities within the County with populations over 50,000 approve the placement of the topic on the ballot. She added that her motion and the proposed resolution are necessary for the citizens to have the option to decide whether emergency medical services should continue to be funded. Motion: Councilmember Duclos moved approval of the proposed resolution approving the placement of the county-wide 2014-2019 Medic One/Emergency Medical Services levy on #he King County ballot. Councilmember Celski second. Vote: Deputy Mayor Ferrell Councilmember Maioney Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Noble-Gulliford Councilmember Duclos Motion carried 7-0 Resolution 13-634 ORDINANCES Yes Yes Yes Yes Yes Yes Yes First Reading: a. CB# 621: 2013 Carrv Forward Budqet Adjustment An ordinance of the City of Federal Way, Washington relating to Budgets and Finance to Carry Forward Funds Revising the 2013-14 Biennial Budget. Finance Director Tho Kraus presented information on the 2013 Carry Forward Budget Adjustment. The purpose of the budget adjustment is to revise the 2013 estimated beginning balance to actual amounts, to continue projects previously budgeted but not yet completed, to appropriate projects funded by grants and contributions and reference new programs on an exception basis. General and Street Fund: The 2012 ending fund balance exceeded estimates by $5.32M. This increase is before the proposed carry forward adjustment which is comprised of $967K net additional revenues/other sources and $4.35M net unspent expenditures. The increase after the proposed carry forward adjustment is $1.81 M. The $967K net revenues that are above estimates include Building Permits/Development Fees; Liquor Profits; Property Tax; Criminal Justice Sales Tax; Animal Licenses; Franchise fees; Gabling Tax and others. Those that are below estimates include Sales Tax, Fuel Tax; Parks/Recreation Fees and Traffic School. Carry forward adjustments by department are as follows: Human Resources $123K; Law $955K; Parks and Recreation $204K; Police $592K and Public City Council Minutes — March S, 2013 Regular Meeting Page 4 of 6 Works $363K. Grant funded projects total $321 K and require $6K use of 2012 ending fund balance. New programs total $163K and require $163K use of 2012 end fund balance. The total expenditure adjustment is $19,599,239. City Clerk McNeilly read the ordinance title into the record. Motion: Councilmember Duclos moved to forward the ordinance to the March 19, 2013 Council Meeting for second reading and enactment. Councilmember Celski second. Vote: Depu#y Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble-Gulliford Yes Councilmember Duclos Yes Motion carried 7-0 8. COUNCIL REPORTS Councilmember Duclos reported the next Regional Policy Committee meeting is April 10�'. In regards to the King County Solid Waste Interlocal Agreement, thirteen out of thirty-seven cities have signed the agreement. The rest, including Federal Way, have provided letters indicating they are likely to sign. On February 21 S'she, along with the Mayor and Judge Larson, spoke to the Advancing Leadership Group. Councilmember Noble-Gulliford reported she attended the Pacific Ballroom Dance competition kickoff event last weekend at Todd Beamer High SchooL She is pleased #o see the Arts Commission newsletter which includes an article highlighting the history of Military Road. Councilmember Celski encouraged citizens to attend the Council retreat this coming Saturday, March 9th. The Reach-Out Federal Way Roller-Mania fundraiser event will be on Monday, March 25th at 6:00 p.m. at Pattison's West Skating Rink. More information can be found at www.reachoutfederalway.org. Last Saturday, he participated in Earthcorps cleanup event at Panther Lake. Earthcorps' next event is scheduled for March 23rd at Dumas Bay Park. Councilmember Burbidge reported she attended a meeting hosted by the Police Department in the Twin Lakes neighborhood last week. Tomorrow she will be attending the SCA Public Issues Committee meeting where they will discuss Lodging Tax legislation, the Solid Waste Transfer Station, regional tolling impacts, and the King County Metro Strategic Plan update. She reported on upcoming arts and community events which are listed in the Arts Commission newsletter. Deputy Mayor Ferrell will be testifying in Olympia on March 27t'' regarding metal theft legislation. Last weekend he attended the PAC-12 swimming event at the Aquatic Center. He encouraged citizens to attend the Council Retreat on March 9th. Tomorrow the MayorwiU be delivering the State of the City of address at the Twin Lakes Country Club. Councilmember Honda reported Park-Pals held a park cleanup event finro weeks ago. Approximately fifty volunteers that participated in the event. They will organize another cleanup in late March or early April. Next V1/ednesday she will be attending the Domestic Violence Initiative meeting in Tukwila. The next PRHSPSC meeting is March 12th at 5:30 p.m. City Council Minutes — March S, 2013 Regular Meeting Page S of 6 The Federal Way Farmers Market will be celebrating their 10th year of operation this year. She is participating in meetings focusing on Court security. Councilmember Maloney reported she attended a SCA dinner last week, which she found very insightful. 9. MAYOR'S REPORT Mayor Priest had no report. 10. ADJOURNMENT Mayor Priest adjourned the meeting at 8:05 p.m. Attest: Caroi McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — March S, 2013 Regular Meeting Page 6 of 6 COUNCIL MEETING DATE: March 19, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.�ECT: 2013 Asphalt Overlay Project Bid Award ITEM #:� POL[CY QUESTION: Should the Council award the 2013 Asphalt Overlay Project to the lowest responsive, responsible bidder? COMM[TTEE: Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEET[NG DATE: March 4, 2013 ❑ Pubiic Hearing ❑ /Other STAFF REPORT BY: Marwan Salloum, P_E., De�uty Pubiic Works Directoi�D'EPT: 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 2U 13 Asphalt Overlay Pmject to Tucci and Sons, Inc. the lowest responsive, responsible bidder, in the amount of $1,452,$77.00 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: 1�� j� �e �//!/�/ D[RECTOR APPROVAL: ('.nmmi Cn�il Co� � COMM[TTEE RECOMMENDAT[ON: Place Option 1 on the March 19, 2013 Council Consent Agenda for approvai. '� -"�ob Celski, Z�iau � Jeaune Burbid e, Memb Diana Noble-Guflifo�fl, MemUer PROPOSED COUNC[L MOT[ON: "I e 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,OS1.00, for a total of $1,499,928.00, and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY ClTY CLERKS OFFLCB) COUNC[L ACTION: ❑ APPROVED COUNC[L B[LL # ❑ DENIED lsr read�ng � TABLED/DEFERltEDINO ACTION Enactmeat readiag � MOVED TO SECOND READtNG (ordinances only) ORDINANCE # REV ISED — 02/06/2006 RESOtUTION # DATE: March 4, 2013 TO: VIA: FROM: SUBJECT: CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Skip Priest, Mayor Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management�� Je� Huynh, Street Systems Engineer � 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. AVA[LABLE FUNDING: The available budget for the 2013 Asphalt Overlay Project is $1,779,796.00 and is comprised of the following: • 2013 Proposeci Overlay Budget • 2013 Struchues Budget • 2012 Carry Forward (esrimate) • Budget transfer from the Annuai Transportation System Safety Improvements Fund. {Approved in the 2013/2014 Adopted budget) TOTAL PROGRAM FUNDING AVAILABLE: $ i,484,000 $ 166,267 $ $79,529 $ 50,000 $ 1,779,796 ESTIMATED EXPENDtTURES: The foliowing is a breakdown of the estimated total project construction costs based on the low bid: SCHEDULE DESCRIPTION A** SW 356�' Street — City limit to 15"' Ave SW B Adelaide Park C West Campus Office Park D S 348�' Street — 9�' Ave S to 3'� Ave S E SW 320'� Street— 30�' Ave SW to 2i�` Ave SW ES1'[MATED SUBTOTAL CONSTRUCTION PROJECT COSTS: . 5 °/a Construction Contingency Pavement Management System • In-house Design • Construction Administration • City's Administrarive Fee • Printing and Advertising ESTIMATED TOTAL PROGRAM COST: ** Dix to b�get shortfall Schedule A will not be iecommended for Award at dris time An�oUrrr $ 435,183 $ 311,581 $ 406,763 $ 332,713 $ 441,820 s�,sss,oso $ 94,403 $ 50,000 $ 60,000 $ 100,000 $ 66,368 $ 3,500 $2,262,331 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 $i,499,928 and authorize the Mayor to execute the contract. If project funding allows, staff recommends appmving adding ali 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) • 3.24% Construction Contingency • Pavement Management System • 1n-house Design • Construction Administrarion • City's Administrative Fee • Printing and Advertising ESTIMATED TOTAL AUfHOR[ZED COST: k:\tutc�2013W3-04-13 2013 Asphalt Overlay Project Bid Award.doc $ 1,452,877 $ 47,051 $ SU,000 $ 60,004 $ 100,000 $ 66,368 $ 3,500 S 1,779,796 COUNCIL MEETING DATE: March 19, 20 i 3 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: �� SUBdECT: 21S` Avenue Southwest at Southwest 336�' Street Intersection Improvements Pmject - Gakehaven Utility District Design and Construction Interlocal Agreement POLICY QUEST[ON: Should the Council authorize the Mayor to sign the 213` Avenue Southwest at Southwest 336`� Street Intersection Improvements - Lakehaven Utility District Design and Construction Interlocal Agreement? COMMITTEE: Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ■ ■ Ordinance Resolution MEETING DATE: March 4, 2013 ❑ Public Hearing STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Director�Ewr: Public Works Attac6ments: Memorandum to the Land Use and Transportation Committee dated March 4, 2013. Opdons Considered: 1. Authorize the Mayor to sign the 213` Avenue SW at SW 336�' 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 i to the March 19, 20 i 3 City Council Consent Agenda for approval. MAYOR APPROVAL: D[RECTOR APPROVAL: C�[�'r � I✓� Committee Cow�cil COMMITTEE RECOMMENDATION: Fonvard Option 1 to the March 19, 20i3 City Council Consent Agenda for approval. -�::,i'�R' �� -.� �V1,J%�.it��t ��\�� _ � ��_�� .�� PROPOSED COUNCIL MOTIOIY: "I move to authorize the Mayor to sign the 21St Avenue SW at SW 336`� Street Intersection Improvements - Lakehaven I�tiliry District Design and Construction Interlocad Agreement. " (BELOW TO BE COMPLETED BYCITYCLERRS OFFlCE) COiJNC[L ACTION: ❑ APPROVED COUNCIL B[LL # ❑ DENIED 1� reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—U2/06/2006 RESOLUT[ON # 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 Managernent �/J�- ' Marwan Salioum, P.E., Deputy Pubtic Works Director �� I SUBJECT• 21�` Avenue Southwest at Southwest 336'" Street Intersection mprovements - ' Lakehaven Urility District Interlocal Agreement BACKGROUND• The 21S` Avenue Southwest at Southwest 336'� Street Intersection Improvements projec# will construct dual ieft- turn lanes eastbound and westbound and a right tum lane westbound. This project also includes access control along SW 336"' 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 ail costs associated with the redesign the project storm sewer system and the resulting construction cost differential. The total estimated cost which the City will biil 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 caiculate the design and construction cost to be billed to Lakehaven. K:\LUTC�2013\0�-04-13 21st_Ave SW at SW 336th St Intersection Improvements - LUD Des-Constr ILA.doc Retum to: City of Federal Way 33325 8"' Avenue S Federal Way, WA 98003-6325 Attn: Brian Robe�ts tNTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE 21ST AVENUE SW AT SW 336TM 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 re#eRed to herein as the "Parties". WHEREAS, the City proposes to proceed with the 21�` Avenue SW at SW 336�' 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 iaws, regulations and fra�chises; and WHEREAS, the City has designed the Project storm sewer system to 1fl0°!o; and WHEREAS, in connection with the roadway improvements being undertaken bythe City, the District is required to relocate certain water facilities such as 8" diameter and 12n diameter water mains to resolve any wate�line/storm sewer conflicts within the Project area; and WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) pe�rnits local govemrnental units to make the most efficient use of their powers by enabling them to cooperate with other entities to p�ovide 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. 2'!Si Ave SW at SW 336"' St Page 1 February 2013 Intetsection lmprovements NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties fiereto as follows: I. REDESIGN. The District ag�ees 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 Exhibi# A for the P�oject. The District shall reimburse the City for the Redesign. The District sfiall review the �evised 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 DtFFERENTIAI. Following opening of constnaction bids on the Project, THE City sha11 update Exhibit B to reflect actual bid unit prices received. Bid award shall be made to the lowest responsible bidder for the #otal Project subject to applicable laws and regulations. Finai cos#s bitled to the Districtwill be based on actua! field measurements. lil. CONTRACT ADMINISTRATION. The City shali 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 afl #he powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director andlor his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreemen#. 1V.. PAYMENT. A. The District shall reimburse #he City for all costs incurred by the City in performing the Redesign, the construction cost differential, and the DistricYs cost of the City services described in Paragraph IIl herein, and as described in Exhibit C. B. All payments shall be due from the District to the City within thirty (30) days after appfoval by the District's Generai Manager o� his/her designee of said sums biNed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. 1NDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected o�cials, officers, employees and agents harmless from any and a11 claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, tfieir 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 b�each 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 (inctuding costs and all attomey fees) to or by any and all persons or entities, including, without 21�` Ave SW at SW 336'� St Page 2 February 2013 lntersection Improvements limitation, #heir respective agents, licensees, or representatives, arising or resulting from, or connected wiih, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by DistricYs breach of this Ag�eement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to sucfi expiration or termination. Vi. DURATION. This agreement shali become effective immediately upon execution by both parties. This Agreement shall continue in force until the City Council accep#s the completion of the project. V11. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility #or the roadway, stoRn 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 orclers, the City shall p�ovide 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 aN 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 #o 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, o� invalidate any other provision hereof and such other provisions sha{I remain in fuli force and effect. IN CONSIDERATION o# the mutual benefit accruing herein, the Pariies hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. 21gt Ave SW at SW 336�' St Page 3 February 2013 Intersection Improvements IN W ITNESS WHEREOF the Parties hereto have hereunto set their hands and seais the day and year first above written. CTTY 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 i st Avenue South PO Box 4249 Federai Way, WA 98063-4249 (253) 946-54U1 APPROVED AS TO FORM: General Counsel, Steven H. Pritchett 21S` Ave SW at SW 336�' St Page 4 February 2013 Intersection Improvements Exhibit A-1 City of Federal Way 21st Ave SW � SW 336'�' St/SW Campus Dr Intersection Improvement Project CH2M HILL, lnc. Scope of Work Amendme»t #3 Description: The City has directed the Consultant to revise the design of the proposed storm drain system to avoid co�flicts with Lakehaven Utility District water lines. Conflicts between the storm drain system and the existing watertines were discovered after receipt of pothole data just prior to completion of the 100% plan set. Eigh# (8� conflict locations were identified: B 209t80 RT, 12°W A 338+00 LT, 12"W A 339+10 LT, 12"W A 339+20 LT, 12aW A 339+50 LT, 9 2"W A 341 +25 LT, 12"W A 342+30 LT, 8"W A 343+95 LT, 12"W In addi�on the City has directed the Consultant to revise the design of the proposed water quality vault and associated piping east of 19"' Ave SW. The purpose of the redesign is to avoid the reiocation 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" stoRn sewer line. tf there is insufficient clearance of the sanitary sewer in this configuration, then the vault may be rotated 90 degrees and shifted aU or part into the existing drainage easement, with the west vault wall abutted against the west drainage easement line. Scope: The Consulta�t 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 accommoda#e the deeper pipe runs, upsizing pipe may be needed. The following are the expected adjustments to be designed: 21� Ave SW at SW 336"' St Page 5 February 2013 Intersecdon Improvements Exhibit A-1 Location, Facili Pro osed Ad'ustment B 209+80 RT, 12"W Ad'ust mainline storm drain rofile down. A 338+00 LT, 12"W Adjust iateral and mainline profiles down. Deepen proposed structure and upsize catch basins to T e 2, as needed. A 339+10 LT, 12"W Delete Structu�e and reroute wall drain to neares# catch basin to the east A 339+20 LT, 12nW Ad'ust mainiine rofile 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 Ad'ust mainline rofile down. A 343+95 LT, 12"W Adjust mainline profile down. Adjust mainline profile down upstream to pretreatment MH. U size catch basin to T 2. It is anticipated that the adjustments to the storm drain system will en#ail �evisions to finro (2) plan sheets, finro (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 900% constn,iction cost estimate to reflect the added costs of the revised design. Consultant shall revise the layout of the water quafity 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 informafion is accurate and represents actual field conditions at the specific location measured. W here necessary depth of Lakehaven Utility District facilities has been interpoiated from the pothole and measure down data. It is assumed that a siraight 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, consoiidated comments from LUD and #he 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 instailation and operation and maintenance of the vault and related storm drainage systems. Vault working space requirements have been waived. 21S1 Ave SW at SW 336�' St Page 6 February 2013 Intersec6on Improvements Exhibit A-1 The design of the intemal bypass weir geometry will be pcovided by the construction cflntractor's vendor via a contractor submittal. Deliverables: Revised plan layout (2 sheets), revised profiles (2 sheets), and detaii (1 sheet). Differentia! Cost Estimate Revised Co�struction Cost Estimate 1 PDF sketch of the �evised layout ofi the water quality vault for review 9 00°/a submittai: revised plan iayout, revised profiles, new general details for the Sto�rnFfterTM' water quality vaul#. 21 �` Ave SW at SW 336"' St Page 7 febn�ary 2013 Intersection Improvements Exhibit A-1 21g' Ave SW at SW 336`h St Page 8 February 2013 Intersection Improvements Exhibit B Construction Cost Differential 21g` Ave SW at SW 336�h St Page 9 February 2013 Intersection Improvements Exhibit B Construction Cost Differential 1_ All c�onflict �esflh�bns �e based an ihe v�teer�ne pottwle infio�rrration prc3v�de�d by t�alcehaven, and inte�preta�on a� the potno�e �a whene there is r� pomo�e pertortned near the oorNl�t 21g� Ave SW at SW 336`" St Page 10 February 2013 Intersection Improvements Exhibit C Estimated Costs 21St Avenue SW at SW 336�' Street Intersection improvements ESTlMATED REDESIGN, CONSTRUCTION DIFFERENTIAL, PROJECT ADM/NISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR LAKEHAVEN UTILITY DISTRlCT ESTIMATED REDESIGN COST Estima#ed design costs from Exhibit A-1 ESTIMATED CONSTRUCTION COST DiFFERENTiAL Sub#otal Construction from Exhibit B Construction Confingency {10% of Construction cost.) Construction Management (12.5% of Construction cost.) ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COST (Redesign � Construction) Project Administration {5% of project cost) TOTAL ESTIMATED COST $9,730.82 �18,306.96 $1,830.70 $2,288.37 $22,426.03 a32,156.85 $1,607.84 533,764.69 Note: Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility DistricYs reimbursement to the City. KISTREETS�PRO.fECTS\SW336tl� Street @ 21 st Ave S1MDesign\Utilities�LUD�21 st SW @ SW 336fh ILA Agreementdoc 21� Ave SW at SW 336"' St Page 11 February 2013 Intersection Improvements COUNCIL MEETING DATE: March 19, 2013 ITEM #:_� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TECr: 21�` Avenue Southwest at $outhwest 336�' Street Intersection Improvements Puget Sound Energy Relocation Agreement Po[.[CY QUES'r[otv; Should the Council authorize the Mayor to sign 2is` Avenue Southwest at Southwest 336�' Street Intersection Improvements Puget Sound Energy Reiocation Agreement? COMMIITEE: Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works MEETING DATE: March 4, 2013 ❑ Public Hearing Pubiic Works Attachments: Memorandum to the Land Use and Transportation Committee dated March 4, 2013. Options Considered: 1. Authorize the Mayor to sign the 2151 Avenue SW at SW 336"' Street Intersection Improvements Puget Sound Energy Relocation Agreement. 2. Do not authorize the Mayor to sign the Puget Sound Energy Relocation Agreement, and pmvide 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��'n ` G�' ^` \ mm� C t Committee Council COMM[TTEE RECOMMEIYDATION: Forward Option 1 to the March 19, 2013 City Council Consent Agenda for approval. .,�� !!� �..a��lai�!� � ��r� � —�v ; - .�� Diana N � PROPOSED COUNC[L MOTION: "I m�e to authorize the Mayor to sign the 21s` Avenue SW at SW 336`" Street Intersection Improvements Puget Sound Energy Relocation Agreement. " (BELOW TO BE COMPLETED BYClTY CLERBS OFFICE) COUNCIL AGTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED isr reading � TABLED/DEFERRED/NO ACT[ON Enactment readiug ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 02/06/2006 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 �� ' Marwan Salloum, P.E., Deputy Public Works Director SUBJECT• 21S` Avenue Southwest at Southwest 336"' Street Intersecrion Improvements - ' Puget Sound Energy (PSE) Relocation Agreement BACKGROUND: The 21�` Avenue Southwest at Southwest 336�' Street Intersection Improvements project will construct dual left-tum lanes eastbound and westbound and a right turn lane westbound. This project also includes access control along SW 336�' Str�t and will install a new traffic signal west of the intersection to allow for left tum access into the businesses north and south of the roadway. Addirional 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 faciliries are located in private easements within the newiy acquired right of way. Relocation of these faciiities into the joint urility trench will be at the City's expense. The cost of some minor system safety upgrades is payable by PSE and will partiaily offset the relocation costs that the City must pay. Per the attached agreement, the City will reimburse PSE for all costs associated with the instailation 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. FACILITY RELOCATION AGREEMENT This Agreement, dated as of , 20 i 3, 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 Govemment Entity are somefimes referred to herein individually as a"Parly" and coilectively as the "Parties." RECITALS A PSE owns and oQerates certain utility systems and facilities necessary and convenient to the transmissian 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 interseetion of 21�` Avenue Southwest at Southwest 336`� 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 appticable tariff on file with the Washington Utilities and Transportation Commission (the "WUTC"). PSE wili also desi�n and construct elective system upgrades in conjunction with the Relocation Work i"System Upgra.des" or collectively "Relocation and Svstem Up�rades Work"). D. The Govemment Enfity has detemuned that it is in the public iaterest to install all new duct and vault and wreck out of all abandoned duct and vault associated with the Re�ocation and Suvstem Upg,rades Work. PSE will install all cable, splices, transforrners and other appurtenances necessazy to com�lete th� Relocation and svstem Upgra.des Work, and wreck out the same from a!1 abandoned systems. �E The Govemment Entiry has provided to PSE a written plan for the Improvements (the "Improvement Plan") which includes, among other things, (a) plans and specifications sufficien# in detaii, as reasonably determined by PSE, for PSE to design and perform the Relocation and System U radesWork, including reasonabiy detailed drawings showing the planneci 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. -1- The Parties, ttierefore, agree as follows: AGREEMENT Section 1. Relocation aad Svstem Uugrades Work 1.1 Retocation and Svstem Uasrades Work. The Rek�cation and Svstem U es Work (PSE Order # i01080382) is described in Exhibit B attached to this Agreement� The design plans aze also attached and labeled Exhibit D. � 1.2 Performance of Relocation and Svstem Upgrades Work. Subject to the tetms and conditions of this Agreement and any applicable tariffs on file with the WUTC, PSE and the Government Entitvshall use reasonable efforts to perform the Relocation and Svstem Upg��Work. PSE and the Government Entitvshall perform the Relocation and S sy tem Upgrades Work in accordance with the schedule provided in Exhibit B(the "Reiocation and S ste�m U_p esSchedule") with reasonable diligence in the ordinary course of �s-theirbusiness and in light of any operationa! issues as to the remainder of �#s P5E'sutility systems that may be influenced by the Relocation and Svstem Up�rades Work. PSE shall ha.ve 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 i delay in the performance of the Relocation and S st�em 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 perfortnance, integrity, reliability or stability of PSE's utility systems or any systems to wh�h such systems are connected. 1.3 Adjastments to the Retocation and Svstem Upgrades Work. PSE shall notify the Govemment Entity in writing of any reasonably anticipated adjustments to the Relocation and System Up ades Work (including the Relocation and Svstem Up des Schedule and/or Relocation and System Up esCost 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 Svstem U es 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 th� event such additional requirements arise, the Parties sha11 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 Reloca.tion and System Up rg adesSchedule and/or the Relocation and Svstem Up es Cost Estimate. -2- 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 S, st� em tJp��radesSchedule to allow additional time for the Govemment 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 Entiry shall promptly pay PSE the amounts pa.yable 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 sa#isfaction or waiver of any other condition arising under this Agreement. 1.5 Notice to Proceed wit6 Construction Work. At least ten (10) days prior to the date specified in the Reiocation and System UpgradesSchedule for commencement of construction for the Relocation and S, sty em U��rades Work, the Government Entity shali 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 connecrion with termination under Section 5.5. Section 2. Operating Rig6ts 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 aze 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 reiated to acquisition of any and all pennits, 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, "Pemuts"). The Permits shall be on such terms and conditions as PSE shall, in i#s sole discretion, determine to be appropriate to its needs. PSE shali 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 nornial 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. -3- 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 U es Work. All materials, information, property and other items provided for, used or incorporated into the Relocation and Sys#em Upgrades Work (including but not timited to the Facilities) shall be and remain the property of PSE. Section 5. Reiocation Costs 5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation and Svstem Upgrades Work (the "Relocation and System Up es Cost Estimate") is $157,276.10 (Exhibit C-�5 . installation of new duct and vault and removat of abandoned duct and bvault shall be performed by the Govemment Entitiv. The Govemment Entit�'s Qrot3ortionate share of cost for duct and vault installation of the System Upg,rades Work shali partiallv offset its cost of the Relocation Work as shown in Exhibits C-1, G2, C-3, C-4,The Parties agree that the Relocation Cost Estimate is an estimate only and PSE shall be entitled to reimbursement of alt actual costs incurred in or alloca.ble 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 awazded by the Government Entitv, and Quantities of work performed. 5.2 Costs in Eacess of Estimate. PSE and the Government Entitvshall use reasonable efforts to monitor its actual costs incurred during tl3e performance of the Relocation and System UpgradesWork, and in the event PSE determines that such costs are likely to exceed the Relocation and System Up�esCost Estimaxe 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 Up es Work and PSE shall not be obligated to continue with performance of any Relocation and Svstem U esWork unless and until PSE receives the Govemment Entity's written acceptance of PSE's revised Relocation and S�tem UpgradesCost Estimate and written notice to proceed with the Relocation and S sty em Upgrades Wark. In the event PSE does not receive such acceptance and notice from the Govemment 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 ternunation, the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with temunation under Section 5.5. 5.3 Retocation and Svstem Uugrades Costs. T'he Government Entity shall be responsible for, and shall reimburse PSE for, all costs and expenses incuned by PSE in connection with the performance the Relocation and Svstem Up es Work (the "Reiocation and System Up rg_desCosts"), as offset by the Government Entiiy's System Up�rades Work costs For purposes of this Agreement, the Relocation and Svstem Up esCosts shall include, without limitation, any and all direct and indirect costs incurred by PSE in connection with the performance of the Relocation and System Up rg ades Work, including, � but not limi#ed to, labor, personnel, supplies, materials, overheads, contractors, consultants, attorneys and other pmfessionals, administration and general expenses and taxes. 5.4 Statemeat of Costs - Invoice. Within sixty (60) days of the completion of the Relocation and System UpgradesWork, PSE shall provide the Government Enrity with a statement and invoice of the actual Relocation and Svstem Up radesCosts incurred by PSE. PSE shall provide, within a reasonable period after receipt of any written r�uest 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 Agreemen� In the event either Party terininates this Agreement, the Govemment Entity shall promptly pay PSE, the fotlowing: (a) all costs and expenses incurred by PSE in connection with the Relocation Work (including, without limitation, all Relocation Costs incarred through the date of termina.tion as offset by the Government Entity's Svstem Uv�'ades Work costsand such additional costs as PSE may incur in connection with its suspension or curtailment of the Relocation and System Upgrades Work and the orderly termination of the Relocation Work); and (b) all costs and expenses incutred by PSE in returning and restoring the Facilities to normal and reliable commercial operations. 5.6 Paymen� 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. Indemni5cation 6.1 Indemn�cation. The Govemment Entity releases and shall defend, indemnify and hold harmless PSE from all claims, losses, harrn, 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 Govemment 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 attomeys' fees) caused by or arising out of any negligent act or omission or wiliful misconduct of PSE in its performance under this Agreement. During the performance of such activities ernployees or contractors of each Parly sha11 at ail tim�s 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 expressiy waives its immunity under -5- 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 �all not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought agaiust the indemnifying Party by any of its employees. Section 7. Disctaimers 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 U es Work or other items or services provided under this Agreement including, but not limited to, any impiied wamanty of merchantability or fitness for a particular purpose or implied wamanry arising out of course of performance, course of dealing or usage of trade. 7.2 Limitation of Liability. In no event sha11 PSE be liable, whether in contract, warranty, tort or otherwise, to any other pariy 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 $. Miscellaneous 8.1 Tariffs Controt. This Agreement is in ali respects subject to a11 applicable tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any coaflict 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 neit6er Party shall have any further obligations arising under tlus 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 perfonnance 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 ef�ect. 8.4 Entire Agreemen� 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. SS 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 shalt be excused during the Force Majeure Event Force Majeure Events shali 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 govemmental 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 unenforceabie 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 Pazty shall be in writing and shall be delivered in person to an authorized representative or mailed, pmperly 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 interpreteti, construed and enforced in all respects in accordance with the laws of the State of VVashington. 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: Puget Sound Energy, Inc. sy � Its Municipal Liaison Manager Address: 6905 South 228�' Street Kent, WA 98032 Attn: Community Services Dept -7- Govemment Entitv: City of Federal Way By Its Mayor Address: 33325 8�` Ave S Federal Way, WA 98003-6325 Attn: Public Works EXHIBIT A FACILITIES AND EXISTING OPERATING RIGHTS Facilities• 1- 112kva pad mounted 120/208 volt transformer, vautt, and associated connectors. 2- junction vaults and associated equipment and cflnnectors. 1- combination junction vault with 25kva pad mount i20/240 volt hansformer, and associated connectors. 1 - pull vault. Conduits and cables to provide electrical connections to the above. Ouerating Rishts• Recording # 791008055, Twin Lakes Shops, LLC Recording # 7607160843, Bank of America Recording # 83100707089, Pacific Convenience and Fuels -8- !� 1� t ;� RELOCATION AND SYSTEM UPGRADES WORK Descrintion of Work: Citv Costs Per att�checi drawing (Exhibit 6DJ 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 remova( of abandoned ducts and vauits will be performed by the Govemment Entity. At Twin Lakes Shops LLC: Relocate V02 to the VO1 location on a new easement at city cos� Work includes distribution trench from J03 to VO1 to H 1 A, vault installation, and intercepting conduits. At Bank of America: Relocate J09 to JOS location, Reiocate Ji0 to J06 location, relocate transfornner at J12 to V03 iocation, and extend HH at H3A to power existing signal cabinet servic� temporarily. Intercept cables at IP3, intercept conduit at IP4. At Pacific Convenience and Fuels: Relocate J12 to J11 location, intercept conduits at IPS and intercepdsplice cables at IP6. Remove PV2 and couple existing conduits into complete run. Repull feeder cables direct form PV i to SW1. PSE Costs This is Franchise Work the ciry will perform for PSE. These costs to be estimated by the City with actuais applied to the Relocation Cos�t. At Twin Lakes Shops LLC: Relocate J03 to JO1 inciuding trenching from J03 to JO 1 and to IP 1 and IP2, duct and JO 1 vault installation, and removal of empty conduits and abandoned vault J03. At 21�` AVE SW from J10 to PV02: Removal of empty conduits in ROW. Relocation and Svstem UagradesSchedule: 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 fuily executed prior to � PSE receiving the written notice to proceed. 62 Exhibit C-1 21 st Avenue SW at SW 336t" Street Intersection Improvements Joint Utility Trench System Upgrade City Costs � sxer�t � sre aamesmireu 100lL PSE m!R pryo�lpnM! fwale OldoMt IMNp' 7Yeecle�. is.i?'SiS�'!l�Tat.t! ./3Y -10- EXHIBIT C 2 Citv Duct and Vault Costs for Svstem Uugrade 0 Removal of Structures and j LS j 1 �$2.000.00 � 2.000•00 TOTAL $4,900.00 -11- EXHIBIT C-3 Proaortionate Share of Citv Joint Trench Desi�n Cost for Svstem Uagrades Ra n evin N e 1 I h h n k 'li R t 4 . .8 k ame IH T t n in rin 0 2 4 Quantities & n Proiect $15,118.19 X 8.7% = $1,315.28 -12- EXHIBIT C-4 TOTAL OFFSET COST Desien Cost $1,315.28 Conshvction Cost Trench Cost 58,675.15 Duct & Vault Cast $4,900.011 Subtota! Construction � S13.S75.15 Constraction Management t12.5°/a) $1,696.89 Total Construction Cost 515,272.04 Proiect Subtotal 516,587.32 Proiect Administrallon (5%0) 5829.37 Total Offset Cost $17,416.6 -13- ��`�� ` � - �' � PUGET SOUND ENERGY FACILITY RELOCATION/MODIFICATION TO: Clty of Federal Way BILLING DETAtL 33326 Bth Ave. S. Federal We�y, WA 88UOJ OZ/11/18 AHn: Brian Itoberts ProJect Description; Relocation of PSE Facilitiea on Exist. F.asements locatlon: "llst Ave. SW at SW 838th St. PSE Project Manager, Jeff Zitterlch Activiry; VOL ReLucation JO6/JOG & branch feeda (Bof� JO6 to Jll PV1 to SWl (U(� Feeder) J03 to JOl (PSE Coat) _ _ _ _ . __. _. _ _ _ PSE Orderk: lO]OA0382 1.01080382 lO1U8088`l 101080382 lO1U80382 % Relmbursablo: lUU% 100% 100°i6 100% -100% Maferinls Comiructlon Ertglneering a Managemenf R�ght of Woy ;81,189,73 ', '�8,647 Op` ��,ax�.�� .. �,:. . 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COUNCIL MEETING DATE: March 19, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�� SUB.iECT: 21S` Avenue Southwest at Southwest 336�' Street Intersection improvements CenturyLink Agreement for Joint Consmxction and Statement of Work POL[CY Q[lEST[ON: Should the Council authorize the Mayor to sign the 21S` Avenue Southwest at Southwest 336"' Street Interse�tion Improvements CenturyLink Agreement for Joint Construction and Statement of Work? COMMITTEE: Land Use and Transportation Committee CATEGORY: � Consent ❑ City Councii Business ■ ■ Ordinance Resoiution MEETING DATE: March 4, 2013 ❑ Public Hearing STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Director�EP'r: Public Works Attachments: Memoranduxn to the Land Use and Transportation Committee dated March 4, 20 t 3. OpNons Considered: 1. Authorize the Mayor to sign the 21�` Avenue SW at SW 336�' 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 RECOMM�NDATION: Mayor recommends forwarding Option 1 to the March 19, 2013 City Council Consent Agenda for appmval. MAYOR APPROVAL• i7�G�� Commi DIRECTOR APPROVAL: __�' '�c�e �� ommi Council COMMITTEE RECOMMENDATION: Forward Option 1 to the March 19, 20i3 City Council Consent Agenda for approval. � w � ` � � �V Bob Cels , Chair Jeanne Burbidge, Me er Diana Noble-Gul iford, Member PROPOSED COUNCIL MOTION: "�ve to authorize the Mayor to sign the 21S` Avenue SW at SW 336`" Street Intersection Improvements CenturyLink Agreement for Joint Construction and Statement of Work. " (BELOW TO BE COMPLETED BY C[TY CLERKS OFFlCE) COUNCIL ACT[ON: ❑ APPROVED COUNCIL BILL # ❑ DENIED isr reading ❑ TABLED/DEFERRED/NO ACT[ON Enactmeet reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REV [SED — 02/06/200G RESOLUT[ON # CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2013 TO: Land Use and Transportation Commitiee VIA: Skip Priest, Mayor FROM• Cary M. Roe, P.E., Director of Parks, Pubiic Works an ergency M gement �/i�-- ' Marwan Salloum, P.E., Deputy Public Works Director SUBJECT• 21S` Avenue Southwest at Southwest 336�` Street Inters� on Improvements - ' CenturyLinic Agreement for Joint Construction and Statement of Work BACKGROUND: The 21� Avenue Southwest at Southwest 336�' Street Intersection Improvements project will construct dual left-turn lanes eastbound and westbound and a righ#—turn lane westbound. This project also includes access control along SW 335`� 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 tighting, 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 faciliries 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 conshuction cost to be billed to CenturyLink. Ag�eement No: NCA7900_0 AGREEMENT FOR JOINT CONSTRUCTiON NCA7900A THIS AGREEMENT (the "A�eement") is entered into as of , 2013 between CenturyTel Serv'ices Group LLC, a Louisiana iimited liability company ("CenturvLink"), a�d The Gty of F�eral Way, a Washington State municipal corporation. I. JOINT CONSTRUCTION TERMS AND CONDITIONS 7. DEFINiTIONS: ' hedule' means a uvritten instrument made part of the Agfeement describing W�k, including price, specifications, wananty terms and related shipping and delivery insVuctions, and sometimes refeRed to as a"Statement of Wark°. Schedules may be added, deleted or modified as agreed in viRiting and executed by the parties. "Proiect Dev�ope�" means City of Federal Way. 2. TERM: The Agreeme�t will commence as of the Effective Date and will conGnue through December 31, 2014 ("Term"). If the term of any Schedule or Order extends beyond the Term, the Agreement shall remain in full fcxce and effect but only as to such Schedule vr Order, and only through the end of the term of the applicable Schedule or Order. 3. THE PROJECT: Project Developer intends to perform a consUuction p�oject, cx multiple construction p�ojecis, that may be described on one � ma-e Schedules to this Agreement (each referred to as a"Pro' ct"j. In connection with the Project, it is necessary or desirable that CenturxL.ink install telecommunications facilities in the afea in which the Project wiU be perfomied (the "Site") or that CenturyLink's exis6ng telecommunications facilitates at the Site be moved. The new or moved telecommunications facilities and all associated equipment shall be refened to in this Agreement and any Schedules, as (the "Facilities"). CenturyLink has requested that as part of an individual Projeat, Project Developer, acting through its contractw (the "Contractor"), perForm certai� work in connectbn with the Faciiities on the Site for Centurylink, wh+ch work is more specifically described in an Exhibit to the Schedule (the "Work°). 4. 1NVOICES AND PAYMENTS: Invoices. Withi� 30 days of p�oviding Work to CenturyLink, Project Develope� will issue a� invace 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 cflmpletion of the Work. Each invoice will contain a� itemized description of the Work and all applicable charges and taxes (if Project Developer is a private entity, exGusive 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 appiicable invoice other than where CenturyLink has provided Project Devetoper a properly completed tax exemption certificate or other evidence of exemption. P�oject Developer, or its Contracto�, 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 Paymen� Centurylink Confide�al and Proprietary Disclose and distribute sdely to those individuals who have a rwed to know_ Rev.11l06 1 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 Worlc. I# Project Developer accepts payment f�om CenturyLink for Woric, Project Developer waives any claims #hat Project Developer may have against CenturyLink for the Wo�lc. 5. ACCEPTANCE: Acceptance of the Work will be defined on the appticable Schedule. 6. WARRANTY: For a period of one (1) year (or longer, if so provided by law, and to the extent provided by law) aft� finai payment by CenturyLink for the Work, The Project Develop� shaq repair any defective work or material at no cost to Ce�turyLink, consistent with the provisions of sections 1-05.10 through 1-05.12 of the Washington State Standa�d Specifications for Road Bridge and Municipal Construction, 2008. Tfiis time period rela#es onty to the specific obligation of Project Developer to correct the Work, a�d has no reia#ionship to the time within which CenturyLink may seek to snforce Project Develope�'s obligations under the Agreement a� within which Project Develope� must comply with the Agreement. Upon no�ce from Century�ink, Project Developer wi11 immediately, a# no cost to CenturyLink, correct and remedy any defects in the Work whether observed before o� after payment for the Woric and whether or not the Work is already installed o� completed. if Project Developer faits to promptly cortect defective Work, Cen#uryLink may cor�ect the Work itself or hire another contractor to do so and Project �eveloper 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 i#, the Contractor, subcontractors or any othe� 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 fumish 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, w supplies have been satisfied, released or settled. 8. INDEPENDENT CONTRACTORS: Independent Contractor. Project Developer cert�es tha# it is engaged in an independent business and wil! perform its obligations arising in connec6on with the Agreement as an independent contractor a�d not as the agent or employee of CenturyLink. This Agreement does not create a partnership, joint venture or similar relationship between the parties and ne+the� party wili have the powe� 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 ande� its sole and exclusive direction and control. Project Developer is solely responsible for. (a) the hours of work, methods of performance and compensabon of its employees and agents; (b) compliance with all federal, state and local rules and regulativns 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 w+ll comply with all applicable rules and regulations, as well as all local, state and #ederal environmental, health and safety requirements, including those relating to the use and handling of hazardous materials. Proje�t 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 v�rith copies of any safety, health or accident reports that Project Developer files with any third party with respect to CenturyLink Confidential and Propristary Disdoae and distribute solely to those individuals who have a need to know. Rev. i1J06 2 Agreement No: NCA7900A Project Deveioper's performance in connection with the Agreement. 9. INDEMNfFICATION: !n 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 �rmitted by law, Project Devefoper agrees to indemnify, defend and hoid harmless CenturyLink, its affiliates and each of their o�cers, dKectors, employees and agents from and against all suits, lasses, costs (indud'mg without limitation reasonable court cos#s and attomeys' fees), lawsuits, judgments, arders, awards, fines, penalties, expenses, liabifities, actio�s, damages or claims o� any character ("Liabilities") a�ising from w in connection with (a) any personal injuries or property damage received or sustained by any person or property a�ising 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 Contracta or any subcontractors in connection wiih the Work or the Agreement; or {c) any breach by Project Developer of the Agreement. CenturyLink will indemni#y, defend and hold harmless Project Developer, its employees and agents from and against ail Liabilities arising from or in connection with (a) any act or omission, neglect, negl+gence, �oss negligence or willful misconduct af CenturyLink in conne�tion with the Agreement �(b) any breach by CenturyLink of the Agreeme�t. Priw to the commencement of the Work, Project Developer will require the Contractor to agree in writing to indemnify, defend and hold harmless CenturyLink, its affiliates and each of their officers, di�ectas, employees and agents from and against all Liabilities arising from or in connecti�on with (a) any personal injuries or property damage received or sustained by any person or property arising in whole a in part in connection with the Wwk; and (b} any act or omission, neglect, �eglige�ce, grass negligence or wilfful misconduct of the Contracto� or any subcontractors in connection with the Wo�lc. No party sha11 be required to indemnify, defend, or save harmless the other party if the claim, suit, or ac�on for injuries, death, or damages is caused by the sole negligence of the pa�ty seeking indemnificafron. 1d. LIMiTAT10N OF LIABILITY: Except for each party's indemnificaUon obligations and each pa�ty's breach of any requirements regardi�g Confidential Information, neither party is liable to the other for consequential, incidental, inda�ect, pun'�ive or special damages, including commercial loss and lost profits, however caused and regardless of legal theory or foreseeability, directly ar indirectly arising in connect+on with the Agreement, even if such party has been apprised of the possibility of such damages. 11. INSURANCE: General Insurance Requireme�ts. Projeci Developer will, and wiN requKe that the Contractor, at atl times during the term of this Agreemerrt, at its own cost and expense, car�y and maintain the insurance coverage listed below with insurers licensed in the areas where the Work will be performed having at minimum a"BesYs" rating of A-VII. Contractor will not commence any Work until it has fulfilled all insurance requirements in this sectivn. Contractor will requi�e its subcontractors to maintain praper insurance applicable to the type and scope of Work to be performed under this Agreemeni. It is exp�essiy understood that Contractor is ultimately responsible for its subconVactors including without limitation ensuring tfiat the appro�iate insurance is maintained by its subcontractors. Workars' 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 ofi the State of Washington. Project Developer's Contractor(s) wiA carry Workers" Compensation and/or, when applicable, Long Shoremen's and Harbor Workers Compensation insurance with (i} statutory limits of coverage f� all employees as required by statues; and (ii) Stop Gap or Employer's Liability insurance with a limit of One CenturyLink Confidential and Proprietary DisGose and distribute solely to those i��viduals who have a need to know. Rev. i1/OS 3 12. Agreement No: NCA7�0.0 Million DoBars ($1,000,004) for each accident. Commercial General Liability I�surance. Commercial General Liab7iry insurance providing c�verage for bodiiy injury, death, personal injury and �xoperty damage axuning or arising out of the performance of this Agreement, including coverage for productskompleted operations, premises operations, independent corrtractor's protectivve coverage (required if Contractor subcont�acts any of the Wo�lc), and contractual liability with respect to liability assumed by Project Developer. This insurance wi8 also include: (i) exptosion hazarcl coverage (commonly refe�red to as "X" coverage) if the Work involves blasting, (ii) collapse hazard coverage (cammonly referred to as "C" coverage) if the Waic may cause structural damage due to excavation, burrowing, tu�neling, caisson work or under-pin�ing, and (iii) underground hazatd cove�age if the Work may cause damage to underground facilities (cornmoMy referred to as °U" coverage). The limits of liabiiity for this coverage will be not fess than the limits as set fo�th below. Each Occurrence Generai Aggregate Limit Products-Completed Operations Limit Personal and Advertising lnjury 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 af primary and excess or umlxeNa liabiiiry insurance. Comme�cial Automobile Liability Insurance. Commerci� Automobile Liabitity insurance covering owned, non-owned and hiced vehicles used in connection with the performance of the Work. The limits of liability for this coverage shall be not less than 4ne Mitlion Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury or property damage. Certificates of Insurance. Project Developer shall require its Contracto� to forward to CenturyLink certificates of sucfi 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 caRier(s) may use the ACORD or equivalent certiflcate of insurance form acceptable to CenturyLink. 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 p�ior written notice of cancellation of, or material change or exclusions in, the policy to which the certificates relate sha8 be given to CenturyLink; (iii) underground haza�d coverage (commanly referred to as "U" coverage) is part of the coverage and (iv) the words "pe�tains to af1 aperations and projects performed on behalf of the certificate holder" are included in the description portion of the certificate. Project Developer shall not cornmence any Work until the obligations of Project Developer with respect to insurance have been fulfilled. The fulfillment of such obligations shall not relieve Project 13eveloper of any liability hereunder or in any way modify Project Developer's obligations to indemnify CenturyLink. TERMINATION; CANCE�LATION: Notice. Either party may terminate this Agreement (including its Schedules), in whole or in part, for its convenience with 30 days prio� written notice. Project Developer will be enGtled to paymerrt 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. Mate�ia! Breach. CenturyLink Confid�tial and Proprietary Oisclose and distribute solely to those individuals who have a nead to kna�v. Rev. 11/06 4 Agreernent No_ NCA7900.0 Either party may terminate this Agreement (including its Schedufes), i� whole or in part, by written �otice to the other if the other party breaches this Agreement and fails to cure such breach to the non-breaching party's satisfaction within 3fl days of written notice specifying the breach. PraTertnination Obligations. Expiration or tem�inafion of this Agreement (including its Schedules) will nat relieve either party from its obligations arising hereunder prior to such expiration or termination. 13. DISPUTE RESOLUTION: Negotiatio� Between the Parties. The parties will attempt in good faith to resolve any dispute arising out af w relating to this Agreem�t promptly by negotiation befin+een individuals who are at a higher level than the pe�sons with direct responsibility for administration of this Agreement. Any party may give the other party written no6ce of any dispute not resolved in the normal course of business. Withi� 15 days after delivery of the notice, the receiving party will submit to the other a written response. The notice and the response wil) inciude (a) a statement of each party's position and a summary of arguments supporting that posiGon and (b) the name and title of the executive who will represent that pariy and ai any other person who witl accompany the that individual. Within 30 days after delivery of the disputing party's notice, the �epresenta6ves of b�h parties will confer at a mutuaily acceptable iime, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. Alf reasonabie requests for ir�formaGon made by one pany to the other will be honoreci. All negotiations and documents exchanged pursuant to this clause are confidentiat 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, wiA be brought in a United States District Court, or absent federal court jurisdiction, in a state �urt of competeni jurisdiction, in the Denver, Colorado metropolitan area. Waiver of Jury Trial and Class Action. Each party, to the extent permitted by law, knowingty, voluntarily, arxi inten#ionally waives its right to a trial by jury and any right to pursue any claim or action arising oui of or rela6ng to this Agreement on a class or consolidated basis or in a �epresentative capacity. 14. MISCELLANEOUS: Compliance with Laws and Policies. Project Developer will obtain, at its expense, all pe�mits and licenses, bonds, and other necessary leg� authority, pay all fees, and comply with ail federal, international (if applicable), state and local iaws, ordinances, r�les, regulations and orders applicable to Project �eveloper w Project Developer's performance hereunder including, the Communications Act anri orders of the Federal Communicatio�s Commission. Project Developer, or its Contractor, will give all required notices to gov�nmental authorities, and will coordinate all necessary govemmental inspections to avoid delays in the provision of the Work. Project Developer wiil also, at its expense, comply with Project DeVefoper'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 Centu�ink business prac6ces for suppliers conflict with Project DevelopePs code of conduct, policies and procedures, the more demanding provisions shall apply unless othervvise agreed in writing by the parties. The CenturyLink business pracdces for suppliers may be found at http://www. CenturyLink. com/abouUcom panytethics/files/SuppliersBrochure-.pcif Remedies; Future Projects. No remedy specified in this Agreement wilt limit CenturyLink'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 agreeme�t to participate in any future projects. Goveming Law. Centurylink Confidential and Proprietary Diaclose and distribute solely ta those individuals who have a need to know. Rev.11106 5 Agre��t No: NCA7900.0 This Agreement will be govemed by the laws ofi the State of Washington without reference to its choice of law n.des. Records and Audits. Project Developer wiA maintain c�mpiete and accurate records with respect to the Work, inciuding aN charges associated with this Agreement and �e portion of the Work pe.rformed by Subcontractors, in accordance with generaily accept� accounting principles, for 72 months from the date of its termination or expiration_ CenturyLink, or i#s designee, may inspect, audit and make copies of such records, for CenturyLink's retention, on reasonable notice. Assignment and Delegation. The righ#s and obiigations of each party wifi be binding upon and inure to the benefit of its sucxessas ar� permitted assigns. Project Developer may not assign th+s Agreement (inctuding i#s Schedules), in whole or in part, without the prior written consent of CenturyLink Any attempted assi�ment by Project Developer without CenturyLink's prior written consent shali be null and void. Notices. Notices required under this Agreement will be sent to the addresses of the parties stated below theu signatures. Notice will be deemed given: (a) on the 1 st day after deposit with an ovemight courier, charges prepaid; (b) as of #he day o# receipt, if sent via first class U.S. Mail, cha�ge.s prepaid, retum receipt �equested; and (c) as of the day of receipt, if hand delivered. Advertising; Publicity. Neither party will use ihe other party's names, marks, codes, drawings or specifications in any advertising, press retease, promotional effort or pubticity of any kind without the other's prior written permission. Waiver. Any waiver by either party of a�y 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. My waiver must be in writing. Modifications or Amendmerrts; Interpretation. Any modifica6ons � amendments to this Agreement must be in writing and signed by both pa�ties_ 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 i�valid or unenforceable will not invalidate this Agreement, and this Agreement will be construed and performed in aU respects as if such invalid or unenforceable provision was omitted insofar as the primary purpose of this Agreement is not frustrated. Force Majeure. Neither pa�ty will be liable to the other party for any delay or interruption of perf�mance resuiting f�om 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 Agre�nent. This Agreement and all Schedutes, exhibits, amendments, documentation, and specifications referenced in those documents, contain the entire understanding between the parties with respect to fhe subject maiter and supersede all prior oral and written understandings, arrangements and agreements between the parties relating thereto. Survivai. 7he fotlowing provisions o# th+s Agreemerrt regarding "Representations and Warranties"; "Confidential Information"; "Indemnification"; "Worlcc Product"; °Limitation of Liability"; "Dispute Resolution"; and "Choice CerrturyLi�k Co��ideotial and Proprietary Disclose and distribute solely to those individuals who have a need to know. Rev. 71/08 6 Agreement No: NCA7900.0 � Law" and att others that by their sense and context are i�tended to survive the expiration of the Agreement w�l survive. ExeCUtion. The A�cement may be executed by facsimile copy andlor in any number of counterparts, all of which together will c�nstitute �e agreement. CerKuryLink CoMidwitial and Prc��etary Disclose and distribute sdety to those individuaia who have a�reed to know. Rev.11/06 � 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 _-S. �• � �-- (Au#horized Signature) (Authorized Signature) Sam Fafiat Skip Priest (Print or Type Name of Signatory) (Print or Type Name of Signatory) Director Loca! Network Engineering 8� tKayor Construction ' � {Titie) (Title) Z Y� �3 {Execution Date) (Execution Date) Address for Purposes of Notices: Address for Purposes of Notices: ,leff watson Brian Roberts 233� 5 ss�' Ave. So. City of Federal Way Kent, Wa., 98032 33325 8�' Ave S 253-372-5358 Federal Way, WA 98003-6325 jeff.watson@CenturyLink.com With copies to: 253-835-2723 CenturyLink Services Corpora#ion Law Department — Procurement General Counsel Agreement # 1801 Cali#ornia St. Denver, CO 80202 APPROVED AS TO FORM: City Attorney, Patricia A. Richardson CenturyLink Coofidential and Prop�ietary Disclose and distribute soleiy to those individuals who have a need to know. Rev.11106 8 Agreement No. NCA7900.0 Statement of Woric No.1VCA7900.SS 1.0 STATEMENT OF WORK NO. NCA7900.SS1.0 to AGREEMENT FOR JOINT CONSTRUCTION NCA7900.0 This Statemerat of Work is attached to and made a part of the most current amended ve.rsion of the Agreement. M the event that any term of this Statement of Waic conflicts with anything contained in the Agreement, except for terms identified '+n the Agreement as Non-Waivable Terms, this Statement of Work w�ll control for purposes of this Statement of Wwk only. Unless otherwise defined herein, al1 capitalized terms in this Statement of Work wifl have the meanings set forth in the Agreeme�t. 9. 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 Wo�ic, and the "Waic Schedule" for the Projed is descxibed on Exhibit B"The Work and the Worfc Schedule°. Project Developer shaA, at no cost or expense to CenturyLink, prepare and provide to CenturyLink engine�ing drawings, specifications and construction standards for the Project (the "Proiect Developer's Snecif'�cations°). Project �eveloper shal! 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 Waic. In addition, Project �eveloper shaN p�ovide all necessary excavation, bedding, backfiU, off-Site disposai, and Site restoration fw the piacement of the Facilities, along with the coordination of other utitities participating in the Project. Project Devetoper shall provide all flagging and traffic control, including uniformed officers when required, for any necessary excavation or work performed by Project Developer. Project Devetoper will �otify CenturyLink of any changes in the Worlc that will result in additional costs to CenturyLink, and will obtain CentutyLink's prior written app�oval of such changes before commencement of any changes to the Work. Withi� the numb� of days set forth in the Work Schedule after CenturyLink's receipt of Project Developer's $pecification, 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 Worlc must i�e perfor►ned by Project Developer ("CenturvLink's Saecifications"). CenturyLink's Spec�cations shalt show in detail the quantiry and size of all facilities and equipment to be used by CenturyLink that Project Developer will install pursuant to this Statement of Work. CenturyLink sha11 notify Project Developer in uvriting 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 instaNation of new vaults andJor conduit, CenturyLink will install ali wires, conductors and any othe� equipment needed to cornplete the CenturyLink portio� of the Project as provided in Exhibit A in accordance with the Worlc Schedule set forth in Exhibit B. The vaults and conduit shall be owned solely by Cer�turyLink, and CenturyLink shail be responsible for all maintenance in connection with the vaults and conduits except for defects covered under se�tion 6 of the Agreement. If required, Centurylink will perform cut-over and transfer of existing CenturyLink customers to the new or relocated Facilities andlor remove any replaced aerial CenturyLink Faciiities or underground CenturyLink Facilities that are in conduit or manhole structures only in accordance with the Work Scheduie set forth in Exhibit B. CenturyLink shall in no event be required to pe�form a cut-over or transfer or to remove any affected Facitities prior to completion of any replacement Facilities in accwdance with this Statement of Work and CenturyLink's approval of the replacement Facilities. The Faciiities and all associated equipment shal! 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 app�oval 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 opera#e the Facilities or any materials or facilities used in connection with the Facilities. !f the Work involves excavating, Project Developer wilt ensure that the Contractor contacts the Utility Not�cation Center (One-Call), and that the Contractor obtains appropriate infamation on the location of all buried cable and rer. � t-os CenturyLink Confidential and Proprietary Disclose and distribute soiefy to those individuafs who have a need to know. -1- Ac,�eement No. NCA7900.0 Statement ot WoAc No. NCA7900.SS1.0 utilities prior to performing a�y Work. Project Developer shall ensure that its Corrtractor shall be responsible for any failure of the Contracto� to locate, expose and protect from damage ail existing underground facilities, including but not limited to electricaf, telephone, water, gas and sewer. in addition to its indemnification obligatio�s cor�tain� in the Agreement, if any exist+ng underground or other facilities are damaged di�ecUy or indirec8y in connection with the Work, Project Developer will, at its expense, promptly repair or replace all damaged or destroyed facilities. Project Developer wifl 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 otherv�ise agreed to by CenturyLink. At CenturyLink's sole option, CenturyLink may elect, rather than having Project Develope� make any �epair to CenturyLink facilities described in this subsection, to have the repair made by CenturyLink's employees a contr�tors. If CenturyL.ink or its conVactor performs the repair, Century�ink will invoice Project Developer fo� CenturyLink's reasonable and documented costs, including without limitation labor costs, and Project Developer will pay CenturyLink for such costs for repai� of damage to CenturyLink's exis6ng facilities within forty-five (45) cal�dar days after receipt of an invoice. CenturyLink wi11 be responsible for providing aN traffic control associated with the installation and/or removal of Facilities for which CenturyLink is responsible pursuant to this Statement af Work, including the pulling of cables and associated equipmen� Project Developer will be �esponsible fw providing all traffic controi associated with the instaHation, refocation, and/or remova! of Facilities for which Proje,ct Developer is responsible pursuant to this Statement of Woric. Project Devetoper shall obtain any and all lice�ses, permits and approvals �equired for the Work as defined in Exhibits A and B. Project Developer agrees that tfie Work will be performed in accordance with a11 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. CenturyL'+nk shali have the right at alt times to observe and inspect tfie performance of the Work. !f the Woric requires the use or installation of any materials, the item checked below shall apply: X_ Except as specifically set forth in Exhibit B, CenturyLink shaN arrange for the purchase and delivery of materials #o the Project site in accordance with the Work Schedule. _ Except as specifically set forth in Exhibit B, Project Developer shaA provide all materials required in connection with the Project. All materials will be new and o# 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 equiprnent 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 corrtinued coordination regarding the Project, and Project Developer shall ensu�e that the Cantractor also participates in the coord'mation. This coordination shali indude but not be limited to a pre-constnaction meeting. Project Deveioper shall be responsible for the scheduling of these meetings. Project Oeveloper 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 po�tions of the Work. 3. Changes: If conditions o� circums#ances require a change in the Project or the Work, each party shail agree in writing to any changes, including without limitation payment responsibilities, prior to commencement of the Work or the changes. Neither party shalt be responsible for any changes to the Work (including without limitation payment responsibilities� made without its prior written consent 4. Payment for the WorklFees. rev. 1 t-O6 CenturyLink Confidential and Proprietary Oisclose and distrlbute solely to those i�dlviduais who have a need to know. _2� Ac,�eement No. NCA7900.0 Statement of Wo�lc No. NCA7900.SS1.0 in consideration for performance of the Work and for the other promises and covenants contained in this Agreemeni, 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 (#he "Pavment Schedule"); provided, that CenturyLink shall not make any final payment to Project Developer un61 CenturyLink has approved the Work_ 5. Project Managers. rev. t t-os CsnturyLink Confidential aod Propr'ieWry Disciose and distribute sdely to those individuals who have a need to knau. -3- Agreement No. NCA7900.0 Statement of Work No. NCA7900.SS1.0 The pa�ties, intending to be legally bound, have caused this Statement of Work to be executed on the dates set forth below. CenturyLink Corporation Project Developer � ..�.� r`/ • ��- H�-� (Authorized Signature) (Authorized Signature) Sarn Farhat p r es t (Print or Type Name of Signatory) (Print or Type Name of Signatory) Director Local Network Engineering & Construction � Mayor (Title) (Titie) (Execution Date) (Executio� Date) APPROVED AS TO FORM: City Attomey, Patricia A. Richardson rev. 11-06 CenturyLink Confidential and Proprietary Disclose and distribute soleiy to those individuals who have a need to know. -4- Agreement No. NCA7900.0 Statem�t of Work No. NCA7900.SS1.0 EXHIBlT A THE PROJECT The City of Federal Way proposes to provide a joint utility corridor for the installa6on of underground facilities requ�ed to facilitate relocation of existing underground faciliries for the 21St Ave. SW 8 SW 336�' St proje�t. CenturyLink has existing underground facilities in conflict with project design that wilt be rPlocated using the joint utiiity caridor. rev. t 9-os CenturytLink Coefidential a�d Proprietary Disclose and distribute solely to thosa ind+viduals wfio have a need to know. -5- 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 instal! approximately 1870 lineal feet of CenturyLink provided conduit in various duct configurations i� approximately 800 trench feet of the joint u6lity corrido� in accordance with CenturyLink design E_4Q529 8. The City's contractor will excavate for and instail 1- 4484TCA type concrete vauJt thaf will overset exisiing facitities, 1— 264TA type co�crete hand hole and 1-25TA type concrete hand hole that will overset exisGng facilities, 1-8" closure, and 1-12" closure. AI1 facility installation w�l! be in accordance wiih the CenturyLink design E.405218 which is incorporated into the City's 21 � Ave. SW & SW 336�' St. project design. The City's design Consultant wili design and provide joint utility trench plans to insert into the project construction plans per the scope of work attached in EXNIBIT D-1 _ CenturyLink's pro-�ata share o# the design labor cost +s attacfied in EXHiBIT D-2. The Cit�s contractor will be responsible for aA excavation including haul off and disposal of spoil, shoring, backfill inctuding imported backfill material, compaction, restoration, including hard surface removal and replacement and iabor 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 eacfi 4 inch coAduit and placement o# a CenturyLink provided polyethylene measuring tape in each conduit. Conduit that cannot be proofied by means of passing a 3.75 inch cleaning mandret through the conduit wi11 �o# be accepted by CenturyLink until such time as any necessary repairs are made and successful conduit proofing +s completed. Vaults installed by the City's cont�actor must be set to final grade and all vault sections, riser rings antl vault entrance covers must be seated using Conseal mastic provided by CenturyLink with the vault. After installation � all conduit, vaults and pedestals, proofing of conduit, and acceptance of installa�ons by the Ce�turyLink field representative, Centurylink will provide and place all cabie in newly placed conduit and perform cable spticing and service cutov�. CenturyLink will require 45 working days to pull cabtes, splice and cu#over customer service from the completion of installation, proofing and acceptance of ali conduit, and vaults. re,�_ t 1-os Ceni�uyLink Confidential and ProprieWry Disclose and distribute sdely to those individuals who have a need to know. .g. Agreeme�t No. NCA7900.0 Statement of Waic No. NCA7900.SS1.0 EXHIBIT C WORK PRICE SCHEDULE CenturyLink will �ay the City a unit ra#e as noted in Schedule C of the City's bid opening results for the 21st Ave. SW and SW 336 Si Project for the installation of 4-incfi conduit in City provided joint utility trench on a per line�al foot basis as documented in EXHiBIT D-3. CenturyLink wi11 pay the City a unit cost �ate as noted in Schedule C af the City's bid opening resutts for the 21�' Ave. SW 8� SW 336"' St. project for the installation of one 4484TCA type vault on a� vault installed basis as documented in EXHlB1T D-3. CenturyLink will pay the City a unit cost rate as noted in Schedule C of the Ciry's bid opening results fa� the 21� Ave. SW and SW 336�' St. project for the installation of one 264 TA type hand hoie on a per hand hole installed basis as documented in EXHISIT D-3. CenturyLink wiil pay the City a unit cost rate as noted in Schedule C of the City's bid opening results for tl�e 21 �` Ave. SW and SW 336"' St. project for the installation of one 25 TA type hand hole on a per hand hole installed basis as documen#ed in EXHI8IT D-3. CenturyLink will pay the City a unit cost rate as noted in Scheduie C of the City's bid opening results for the 2i'� Ave. SW and SW 336"' St. project for the installation of one 8" Ciosu�e on a per each installed basis as documented in EXHIBIT D-3. CenturyLink will pay the City a unit c�st rate as noted in Schedule C of the City's bid opening results for the 21& Ave. SW and SW 336�' St. project for the installation of one 12" Ctosure on a per each installed basis as d�umented in EXliIBIT D-3. CenturyLink will pay the City for its proportionate share of Structure Excavatio� Class B Incl. Haul for Underground Utiiities at the unit cost rate as noted in Schedule A of the City's bid opening results as documeMed in Exhibit D-4 per cubic yard for t�ench for those elements. CenturyLink will pay the City for its propo�tionate 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 wili pay the City for its proportionate share of Gravel Borrow Incl. Haul at the unit cost rate as noted in Schedule A of the Ciry's bid opening results as documented in EXHIBIT �-4 pe� cubic yard for backf'dl. CenturyLink wiH pay the City for its proportionate share af Shoring or Extra Excavation Class B at the unit c�si rate as noted in Schedule A oi the Cit�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 o# Contrdled Density Fill (CDF) at ihe unit cost rate as noied in Schedule A o# 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. CenturyLi�k 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 resuits as documented in EXHIBIT D-4 per ton_ CenturyLink will pay the City for its proportionate share of tra�c control at the unit cost rates as noted in Schedule A of the City's bid opening results as documented irr EXHIBIT D-4 per hour for all days in which CenturyLink facilities are installed by the City. CenturyLink will pay the Ciry 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 uni# 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 EXHI6IT D-4. CenturyLink will pay the City for its proportionate share of co�tract administra#ion at the rate of rev. 11-06 CenturyLink Confiderrtial aod Proprietary Disclose and distribute solely to those individuais who have a need to kr�v. _7_ Agreement No. NCA7900.0 Statement of Wodc No. NCA7900.SS1.0 5% of the p�oject cost as documented in EXHIBIT O-4. Actual final cost will be calculated based on actual proportionate share o# trench accupied by CenturyLink co�duit, 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 ut+lity relocation portion for reimbursement to the City. Total estimated net cost to CenturyLink for facility instaflation is $53,926.00 as documented in EXHIBIT D-5. Tota! actual cost is not to exceed $62,014.90 without prior written approva! f�om CenturyLink pursuan# to section 4 of this statement of work. The costs noted in this exhibit are es�mates only. Actual costs incurred based � unit rates as noted in Schedule C of the Cit�s bid opening �esults will be used to calculate final cost of utility reiocaGon portion for reimbursement to the City. The total actual not to exceed cost does ru�t relieve CenturyLink from its responsibility for reimbursing the City for legitimate, substantiated delay daims from the City in the event that CenturyLink faiis to periorm under the terms of the agreement or fails to complete facility relocat+on as detailed in exhibit B of this statement of w�k. CenturyLink will pay the City within 45 days of receipt of a correct invoice. rev. 11-06 CenturyLink Confldernlai and Pro�ietary Discl�e and �stribute solely to those individuais who have a need to knaa. _g. Agreement No. NCA Statement ofi Work No. NCA EXHIBIT D-1 C�ty of Federal VNay 21� Ave SW @ SW 336"' St/SW Campus Dr Intersection Improvement Project CH2M HILI, lnc. Scope o# Work Amendment #4 Oesuiption: The City has directed the Consukant to incorporate a joint trench design into the plan set to accommodate reiocation 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 intersedion of 21� Ave SW and SW 336�' Street and extending east to 19�' Ave SW. In addition trench crossings will be necessary on the north and east tegs of the inte�section. Scope: The Consultant will modify the current iilumination plans (th�ee (3) drawirigs) to illustrate the bptions of the joint trench, utility vaul#s, handholes, closures and pedesials. The ConsuRarrt will revise the utility detail sheet {one (1) drawingj to include two (2) typical trench sections fo� #he joint trench. The Consultant will modify the current staging plans (seven (7) drawings) to incorporate work necessary to construct the joint trench and instail the facilities. The Consultant wili review the relocation plans p�ovided by the utility companies and use those as a basis for the location of tfie utility joint trench and facilities. Where conflitts are identified between the current design stormwater, iilumination, and traffic signal equipment locations the Consultant will make adjustments to the utility company locations to avoid w�flitts. Where significant modifications are identified the Consultant will a�ert tMe City prior to making revisions. The Consultant wlll develop a construction cost estimate for e�ch utility company facility relocation that wiil inciude the construction costs for the joint trench and instaNation costs for the associated conduits, vaults, handfioles, ciosures and pedestals. Quantities for conduits, vauits, handholes, ciosures and pedestals wiil be provided by each utility company for their facilities. Tfie Co�suRant wil! incorporate the construction costs into the #otal project construction estimate and create three additional bid schedules (B, C, D) ior the bid package. The Consultant will develop special provisions related to the relocation of the utility company facilities. Assumptions: Utility Company provided pothole data informat+on is accurate and represents actual field conditions at the spec�c location measured. 1t is assumed that a straight I+ne interpolation between data points best represents the horizontal and vertical location of facilities. The Utility companies were provided both existiag and design basemaps for their use in their design. !t is assumed that the utiiity companies have perFormed their own conflict review and the cu�rent locations of their planned facilities avoid significant conflicts with other design elements. !n the event that signifitant tonflicts are found additional design costs will be incurred. It is assumed that one round of review comments, consolidated comments from LUD and the City, wiN be i�corporated 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 pfan sheets (eleven (il) sheets). Construction cost estimate per utility Revised tota) project Construction Cost Estimate Revised Bid Schedule Utility Relocation special provisions Centurylink Confidential and Proprietory Disclose and distribute solely to those individuals who have a need to know -9- Rev.11-06 EXNIBIT D-2 Agreement No. NCA Statement of Work No, NCA Centurylink proportionate share of loint Utility Trench desi�n cost: $15,118.90 X 23.3% = $3,52 � rev. 11-06 . . -:;;, Centurylink Confldential and Proprietory Disclose and distribute solely to shose individuals who have a need to know -10- EXHIBIT D-3 s� ��►�m.NC� AttacbmentC BID SCHECUI.E QTY OF FEDERAL WAY 21" Arenue SW x SW 336° Sbroet .LltCfflCtlOR IINpfOMMlQllff Rf$ � 13-103 BID SCJIEDUI.E C -CaiWryLink AN wdt prioes !n Bid Scheduk C shaN indnde appRaWe saks tsu. cen�w�A;nk coM�ae�nai a�a Roarietcry D'adose and dishibule sWe1y to tlwse indiviCUals who have a neetl to Www rev.ii-06 -11 _ ToW i Croat Cmat Toslf CeM� EXHIBIT D-4 % anw �..�,.M�..�, lbMmmt of Wat No. NCA rw. t t-08 Ncrea Conduk creepa xe not maa�r�d CmbyLMk Proprtlon�te �luro ef JUM UYily TrmM: i2],269,6TJWYJN.1l.±.7% C�nLrylJnk GMd��I fM ProyMpry obdon me d�aWuM �oWy b MaN�MA�rNUw Wa n■w. nrW m kirow� .�2. 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 Sates Tax $39,049 Construction Contingency (10% of Construction cost.� $3,905 Constnaction Management (12.5% of Construction cost.) $4,881 ESTIMATED TOTAL CONSTRUCTION COST a47,835 ESTIMATED PROJECT COST $51,358 Project Administration (5% of project cost) $2,568 TOTAL ESTiMATED COST 53 926 Costs presented are estimates only. Actual cosfs incurred will be used to calculate final cost of CenturyLink's utility reJocation portion for reimbursement fo the City. CenturyLink Confidentiai and Proprietory Disclose and distribute solely to those individuals who have a need to know -13- Rev.11-06 COUNCIL MEETING DATE: March 19, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL TTEM #:� SUB.TECT: 21S` Avenue Southwest at Southwest 336�' Street Intersection Improvements Comcast Letter of Understanding POLICY QUESTiON: Should the Council authorize the Mayor to sign the 21 S` Avenue Southwest at Southwest 336�' Strcet Intersection Improvements Comcast Letter of Understanding? COMMITTEE: Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ■ ■ Ordinance Resolution MEETING DATE: March 4, 2013 ❑ Public Hearing STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Directo� : Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated March 4, 2013. Options Considered: l. Authorize the Mayor to sign the 21S` Avenue SW at SW 336`� 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, 20 i 3 City Council Consent Agenda for approval. MAYOR APPROVAL: ��``� DIRECTOR APPROVAL: � _�� Commi e Coimci Committee Council COMMITTEE RECOMMENDAT[ON: Forward Option 1 to the March 19, 2013 City Council Consent Agenda for approval. ' � � - i o e ki, eanne Burbidge, Memb Diana Noble-G liford, Member PROPOSED COUNCIL MOTION: "I rr�ve to authorize the Mayor to sign the 21�` Avenue SW at SW 336`� Street Intersection Improvements Comcast Letter of Understanding. " (BELOW TO BE COMPLETED BYC[TY CLERKS OFFlCE) COUNCIL ACTION: ❑ APPROVED COUNCIL B[LL # ❑ DENIED IsT resding ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVLSED - 02/O6/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 4, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM• Ca�' M. Roe, P.E., Director of Parks, Public Works and mergency Management�/►'K � ' Marwan Salloum, P.E., Deputy Public Works Director �y� SUBJECT• 21S` Avenue Southwest at Southwest 336'" Street Intersection Improvements - ' Comcast Letter of Understanding BACKGROUND: The 21�` Avenue Southwest at Southwest 336`� Street Intersection Improvements project will construct dual left-tum lanes eastbound and westbound and a right—turn lane westbound. This project aiso inciudes access control along SW 336�' Sheet and will install a new traffic signal west of the intersecrion 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 faciiities must be relocated to avoid conflicts with project facilities. Comcast has agreed to relocate their faciiities 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 totai estimated cost which the City will bill to Comcast is estimated at $63,260.01. The fmal cost will be based on actual bid prices and quantities installed. The attached Letter of Understanding shows the methodology used to calculate the construcrion cost to be billed to Comcast. Retum to: Attn: Br+an Roberts City of Federai Way 33325 8"' Ave�ue S Federai Way, WA 98003-6325 LETTER OF UNDERSTANDINC BETYVEEN THE CITY OF FEDERAL WAY AND COMCAST CORPORATION FOR THE 21ST AVENUE SW AT SW 336TM STREET INTERSECTION IMPROVEMENTS PROJECT THIS LETTER OF UIdDERSTANDiNG (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 procsed with the 21� Avenue SW at SW 336"' Street Intersection Improvements project (hereinafter "Project"); and WHEREAS, Comcast provides fiber optic cable service in the general area of the Projec# in accardancs with Franchise 09-620, applicable Washington State and City of Fede�al Way laws, and regulations; and WHEREAS, in connection with #he 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 acxordance with the Federal Way — Comcast Cable Franchise Agreement, Ordinance No. 09-620, if the City cfiarges Comcast for use of a provided t�ench, Comcast sha11 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 ComcasYs proportionate share of trench usage. NOW, THEREFORE, it is hereby agreed by and between the Pa�ties hereto as follows: 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 worlc attached in EXH161T A-1. 21$` Ave SW at SW 336`" St Page 1 2013 Intersection Improvements ComcasYs 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 ComcasYs duct and vault instaliation. Exhibit A-5 is a good faith project cost estimate of ComcasYs share of Joint Utility Trench Wo�lc. Costs are based on an engineer's estimate provided by CH2M Hill. Exhibit B is a good faith totai project cost based on an estimate of ComcasYs share of project administrative costs. Il. BIDDING AND CONSTRUCTION. A. I# is the intention of the City and Comcast that Comcast plans and specifications sfiaQ be incorporated into the Contract Bid Documents for the Project in such a manner as #o allow, #o the extent possible, identfication 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 oi cons#ruction bids on the Projed, Exhibits A and B will be updated by the Ci#y based on the bid �esponses submitted fo� Comcast Joint Utifity Trench Work. Revised Exhibits A and B will be provided to Comcast for its review. Within twenty days of receiving the bid prices, Comcast shalt notify the City in writing that Comcast approves their portion of the bid award plus administrative costs. Bid award shall be made #o the lowest responsible bidder for the total Project subject to applicable laws and regulations. Ill. CONTRACT ADMINISTRATION. A. The City shali 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 Worlcs, and Emergency Management and/or his or her designee may exercise al1 the powers and perform all #he duties vested by law in him or her. Comcast grants to the City Director of Parks, Public Works, and Emergency Management a�d/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 i# 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 Woiic and shall obtain ComcasYs approval of such changes. Comcast's approval shall not be unreasonabty withheld. Comcast shall be responsible for all costs incurred, directly or indi�ectly, 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 incu�red by the Ciry in perForming the Joint Utility Trench Work, which costs shall include, but are not limited to, the Joint Utility Trench Woric performed by the Project contracto�(s), all Comcast requested changes, and Comcast's cost share of the City services described in Paragraph I11(A) herein. 21$` Ave SW at SW 336"' St Page 2 2013 Intersecfion Improvements B. All payments shall be due from Comcast to the City wi#hin forty five (45) days after receipt by Comcast of said sums biiled 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, empioyees and age�ts 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 lim+tation, their respective agents, licensees, or representatives, arising or �esulting from, or connected wwithh, this LOU to the extent caused by the negligent acts, enors or omissions of the City, its agents or employees, or by the City's breach of this LOU. B. Comcast agrees to indemn'ify and hol.d the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions a� liabilities (including costs and all attomey fees) to o� by any and alt persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or oonnected with, this LOU to the extent caused by the negligent acts, eROrs 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 io any event occuRing prior to such expiration or termination. VI. DURATION. This LOU shall be in fuN force and effect from the date of signature by all Parties to the date the City completes the Final I�spection upon completion of the Projeet 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. VI1. 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 there#o. 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 the�eafter be responsible for maintenance of such facilities. C. Comcast shail be required to obtain a Right of Way Permit to instatl 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. 21� Ave SW at SW 336"' St Page 3 2013 lntersection Improvements 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 herei�, the Parties hereto agree that the work, as set forth herein, will be perfoRned by the Ciry under the terms of this LOU. IN WITNESS WHEREOF the Pa�ties hereto have hereunto se# 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 Attomey ATTEST: Carol McNeilly, CMC, City Clerk COMCAST CORPORATION Steve Taber, Vice President of Engineefing 410 ValleyAVE NVN Suite 12-Bldg C Puyallup, WA 98371 (425)741-5781 21� Ave SW at SW 336'" St Page 4 2013 Intersection Improvements EXHlBIT A-1 21n Avenue SW at SW 336'" Street Intersection Improvements Project City of Federa! Way 21n Ave SW @ SW 336`" St/SW Campus Dr Intersection Improvement Project CH2M HILL, Inc. Scope of Work Amendment #4 Descripti�: The City has directed the Consultant to incorpo�ate a joint trencfi design into the plan set to accommodate relocation of Puget Sound Energy, eenturylink and COMCAST faciiities. The facilities i� question are located near the Dairy Queen at the west end of the project on the south side and at the intersection of 21�` Ave SW and SW 336"' Street and extending east to 19"' Ave SW. In addition tre�ch crossings will be necessary on the north and east legs of the iniersection. Scope: The Consultant wili modify the cu�rent illumination plans {th�ee (3) drawings) to illustrate the tocations of the joint trench, utility vauits, handholes, closu�es and pedestals. The Consultant will revise tfie utility detail sheet (one (ij drawing) to inciude two (2) typical trench sections for the joint trench. The Consultant wiH modify the current staging plans (seven (7) drawings) to incorporate work necessary to construct the joint trench and install the facilit+es. The Consultant will review the reiocation plans provided by the utiiity 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 stormwate�, illumination, and traffic signal equipment locations the Consultant will make adjustments to the utiliry company locations to avoid conflicts. Where significant modifications are identified the Consuttant will alert the City prior to making revisions. 7he Consultant wiH develop a construction cost estimate for each utility company facility �elocation that will include the const�uction costs for the joint trench and installation costs for the associated conduits, vautts, handholes, closu�es and pedestats. Quantities for conduits, vaults, handholes, closures and pedestals wil! be provided by each utility company for their facilities. The Consultant will incorporate the construdion 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 iocation measured. It is assumed that a straight line interpolation between data points best represents the horizontal and vertical location of facilities. Tfie 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 pianned 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, consoiidated 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. Oeliverables: Revised plan sheets (eleven �11) sheets). Construction cost estimate per utility Revised total project Construction Cost Estimate Revised Bid Schedule Utiliry Relocation special provisions 21� Avenue SW at SW 336`h Street Page 6 2013 lntersection improvements EXHIBIT A-2 21st Avenue SW at SW 336th 5treet Intersection Improvements Project Comcast Proportionate Share of loint Trench Design Cost Comcast proportionate share of loint Utility Trench design cost: $15,118.90 X 35.8% _ $5,412.5% 21st Ave SW at SW 336th St Intersection Improvements Page 7 2013 EXHIBIT A-3 21st Avenue SW at SW 336th Street Intersection Improveme�ts Project Attachment C BID 5(�fDUlf CI7Y OF FEDERAL WAY RFB # 13-103 BiD St11EDilLE D -Comcast An anit prioes in Bw sa�edule a sha+� inaude applicawe sa�es tax. 21st Avenue SW at Sw 336M SUeet Page 8 �13 kitersec6a� knpruvernents EXHIBIT A-4 21st Avanue SW at SW 336th Street Intersection Improvements Project Comcast Joint Utility Treneh Costs Toul • x Cmatt Cmnt ToW 1� CooduN 9hus Begin End PSE 3" PBE �` CLink 4" 2' 1" Condult in Trench ot 'K of % otTnMa % o( Str @xc % of X of Wt Run S5 of Orwd %ol MMA Utilily Vault &Utlon SUtlon Conduit Contluit Conduit CondWl CondWt TMaUtilily Trmch Le�yM irench MobNUitlan CoMrW roruro 6�orMp Sentl 8ottow %otCDF %ofCSBC 1l2" tempMMA Notea ComCUI 32685 3270E 0� 1 23 0°� 50.00 50.00 60A0 50.00 50.00 50,00 . 50.00 =0.00 f0.00 50.00 Comcal 32708 32751 D 2 43 0% 50.00 30.00 i0.00 {0.00 � 30.00 i0.00 f0.00 80.00 f0.00 50,00 Comcset vye 72751 32778 0 3 25 0% SO.QO 50.00 50.00 50.00 f0.00 50.00 �0.00 SOAO i0.00 50.00 Comcasl 12778 32798 0 1 20 0% 50.00 50.00 30.00 50.00 SOAO 50.00 ;0.00 f0,00 50.00 50.00 Comcs.t ev.eep 32778 32910 0 3 131 O% SO.DO 50.00 60A0 50.00 50.00 50.00 50.00 50.00 � 50.00 50.00 Comceol J291D 32910 0 1 2S 0% f0.00 30.00 30.00 60.00 j0.00 50.00 30.00 b0.00 50,00 t0.00 Comcnl 32910 32851 0 3 53 0% 30,00 50.00 50.00 SO.BO 50.00 50.00 50.00 90.00 50.00 50.00 Come�st CW 3J517 �3535 � 0 1 tE 0% 50.00 50.00 50.00 50.00 50.00 � 60.00 50.00 {OAO 30.00 60.00 Comeal 33535 33515 1 1 2 10 50% S2l.l3 SE4.f0 581.35 ss+.a 573.59 578d6 f75d9 i1A4 f0.00 f45.06 Comcesl JCT-W 33545 3J572 1 1 3 27 99X 551.l9 5151.39 f92.43 Z66.i7 524.t6 5137.08 tU3.33 57321 30.00 SB1.14 Comcal JCT� 33572 33825 � 7 1 S 53 20% 561.12 317t.30 s+oe.et {65.l0 i28.lt S161AJ i159.SY 516.55 50.00 S96.S7 Comcsal AP 336Y5 �3665 2 2 8 55 3�% 5105.71 6JO6.J! S7!!29 Sit].!) {IY.BJ IiM,20 {275.6! 526.90 60.00 51852Y Comout sweep 33865 33818 2 2 6 17� J3% SJ�2.50 f68B.6B 5592.26 5357.97 5186.71 S07B21 SCl7.15 SE4b2 {0.00 5519.91 Comcstl Cp� 338�8 3J8�8 4 ♦ 7 30 57% 39l.64 b4Bl.38 5178.07 5106.42 SMS9 f281.07 Si67•7! {25.15 50.00 575�.56 Comc��t 39l7! saasa � 0 1 10 OX 50.00 50.00 50.00 =0.00 50.00 SOAO 30.00 30.00 50.00 50.00 Comcett CV2 3�838 54013 2 2 2 17S 100% 51,009.07 52,845.83 51,797.J3 57,0l8.35 S47S.84 :2,865d0 y2,851.61 5258.i6 �0.00 51.51),75 Come�et 3363! 31872 0 1 80 O% 50.00 {0.00 50.00 50,00 50.00 i0.00 50.00 50.00 10.00 30.00 Comewt . 20949 21046 1 1 7 77 100% NIJA� 67.2i520 S7W.83 3477AY f20i2! 51,1M.84 d1,15T.81 5112.9! i0,00 569127 Comeut JCT-E 21028 41080 7 1 3 84 �IYo 5127.07 5�5l.l4 S279d0 iri2,4] f57.i! {32{AG t320.7i 3]1.30 f0.00 5792.31 Comcal CPt 21080 N276 ] 2 t 12 128 ]3% d242dt {706.47 N31.38 i260.�2 5114.13 f639.62 5601.b6 f61b0 b0.00 t17e.66 Comcat 21218 2122) 0 12 71 0% f0.00 50.00 50,00 t0.00 i0.00 a0.00 30A0 50.00 {0.00 50.00 � mcnt 21227 2723� 0 4 7 OS6 50.00 50.00 {0.00 50.00 50.00 f0A0 30.00 50.� 30.00 50.00 21 at Ave 9W N SW 3�6M 9t Inbnactlon Improvementa NOTES Conduit swaeps es not msasaed Cameael propNOn�te shars of JoMt Uli�ry Tranch: 535,712.64IS99,7l1.1! • 36.!% PeO� i 2013 Exhibit B Estimated Costs 21ST AVENUE SW AT SW 336T" STREET INTERSECTION iMPROVEMENTS PROJECT ESTIMATED CONSTRUCTION, PROJECT ADM/NISTRATlON AND CONSTRUCTION MANAGEMENT COSTS FOR COMCAST JOINT UTILITY TRENCH WORK ESTIMATED DESIGN COST Labor - CH2M Hill ESTIMATED CONSTRUCTION COSTS Duct and Vau1t InstaQation Share of Joint Utility Trench Subtotal Construction Construction Contingency (10% of Constn.iction Cost). � Construction Management {12.5% of Construction Cost) ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COST Design Plus Construction Cost Project Administration (5% of Project Cost) TOTAL ESTIMATED COST 55,412.57 $9,044.00 $35,742.64 $44.786.64 $4,478.66 $5,598.33 a54,863.63 $60.276.20 $3,013.81 $63,290.01 Note: The LOU will be amended upon receipt of the lowest responsible bid. Costs presented are estimates only. Actua/ costs incurred will be used to calculate irnal cost of Comcast Joint Utilify Trench Work for reimbursement to the City. 21� Ave SW at SW 336�' S# lntersecfion improvements Page i D 2013 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? COMM[TTEE: Land Use and Transportation Committee CATEGORY: � Consent ❑ Ordinance MEET[lYG DATE: March 4, 2013 ❑ Public Iiearing ❑ City Council Business � ResotuNon ❑ Other STAFF REPORT BY: Sarady Lon ,_ Senior Trans _ rtation Planning Enp�ineer_ _ EPT: Public Works ---.._.___._......-----__ ___-----------__._...__._......._.... _.. _g - - _ ___._..__..._.� .._ . , .._._.....---- ----- --------- Attachments: Memorandum to Land Use and Transportation Committee dated March 04, 2013 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 Gity of Federal Way. 2. Do not adopt a resolution to accept grant funding under the Washington State Depastment of Transportation Quick Response Safety program within the City of Federal Way. MAYOR'S RECOMMENDAT[ON: The Mayor recommends forwarding Option 1 to the March 19, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: � J � D[RECTOR APPROVAL: � Co ' e � Committee C� COMMITTEE RECOMMEIYDAT[ON: Forward Option 1 to the March 19, 2013 City Council consent agenda for approval. PROPOSED COUNC[L MOTION: "I �ve to adopt a resolution authorizing staff to accept funding under the Washington State Department of Transportation Quick Response Safery Program _f'or safery improvements within the Ci1y of Federa! Way. " (BELOW TO BE COMPLETED BY C/TYCLERRS OFF[CE) COUNC[L ACTION: ❑ APPROVED COUNCIL B[LL # ❑ DENIED lsT readiag ❑ TABLEDIDEFERRED/NO ACf[ON Enactment reading -❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REV[SED — 08/12/20I0 • 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 Em�erg�ency Management Sarady Long, Senior Transportation Planning Engineer SUBJECT: Transportation Improvement Projects — Authoriz�n to Accept Safety Grant Funding BACKGROUND• This memorandum provides the Council with the current status of the Washington State Depaitment 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 Grant Funding Amount Required City (Fundin Phase)Grant Match Citvwide Flashing Yellow Arrow Conversions (Construction phase) $241,200 $0.00 Flashing yellow arrow traffic signal modifications to the five intersections listed below: � SR 161 (Enchanted Pkwy S) @ S 352id St (northbound and southbound) • b"' Ave SVV @ SW Campus Dr (eastbound and westbound) • 20�' Ave S@ S 312`�' St (eastbound and westbound) • lst Ave S@ S 356`t` Street (all directions) • Weyerhaeuser Way S@ S 320`�' St westbound) Citvwide Retro-Reflective Backalates $122,000 $0.00 (Construction phase) Reflective tape on signal head backplates to improve their visibility at all signais within the City that do not have them. cc: Proj�t File Day Fiie RESOLUTION NO. A RESOLUTION of the City Council of t6e 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 Yetlow Arrow Conversions and improve the visibility of traffic signai 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 Thre� 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 A�reement. TheMa}�rorhis 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- Page 1 of 3 Rev ili0 Section 2. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to receive the state and federa.l funds estirnated 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 Locai Agency Agreement, the Ciry is not required to commit matching fixnds. Section 4. Severabilitv. 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 Ciry Council. Resolution No. Il- 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- Page 3 of 3 Rev 1/10 �. �I/ ��: ; ��..�� a�� Washington S#a#e _ , j � , ,, , � Transportation Buildieg Department of Transportatio��-�1 1� �'�' % 310 Maple Park Avenue S.E. Paula J. Hammond, P.E. P.O. Box 4730D Secretary ofTransportation '��`` �`- 1�}�k:` oiympia, WA 98504-7300 . _ , . - �r 360-7p5-7000 TTY: 1-800-833-63$8 www.wsdot.wa.gov February 7, 2013 Mr. Cary Roe Public Works Director City of Federal Way PO Box 97 i 8 Federal Way, WA 98063-9718 2013 Quick Response Safety Program Federal Funding � Dear Mr. ��e;,� WSDOT Highways & Local Programs {H&LP) is pleased to advise you that the following project was selected for 2013 Quick Response Safety Program fiinds through the Federal Highway Safety Improvement Program {HSIl'). 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 yoar agency and region's Transportation Improvement Program (TIP): Once the TIPs aze 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 l, 2013, or the funds wiil be reprogrammed to other priority safety projects. 5. No scope changes will be allowed for 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:/Iwww.wsdot.wa.gov/LocalPrograms/Pro r�amMg.��VQPR.htrn. 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/manua.ls/fulltext/M3b-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 Loca1 Programs Engineer, at 206.440.4734. Our staff looks forward to woricing with you. Sincerely, � c 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 Project Summary Program: 2013 Quick Response Sa#ety Program Date: February 2013 Agency: City of Federal Way Project Title: Citywide Flashing Yellow Arrow Conversions Projed Number: To be assigned Project Description: Improve traffic signa) phasing and improve the visibiiity of traffic signa) heads. Detailed Project Description: 1. Install yellow retroreftective tape on existing traffic signal backplates at the foHowing intersections: 1. 20th Ave S/ S 312�' St. 2. Weyerhaeuser Way 5/ S 320`�' St. 3. 6=h Ave SW J SW Campus Or. 4. SR 161 MP 36.00 (Enchanted Pkwy S) / S 352"d St. 5. 1St Ave S/ S 356t�' St (SW 356th St.) 2. Convert existing left-turn phasing to flashing yellow left turn arrows at the follow+ng intersections: a. 20th Ave S J S 312th St. (eastbound and westbound) b. Weyerhaeuser Way S/ 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. 15t Ave S/ S 356th St. (SW 356th St.) (al1 approaches) Project Schedule (Estimated): Con#ract Advert9sec� l�.�ne 2Q13 to Traffic (operationally complete) September 2013 Project Cost and Award Amount: Phase Cost of Amount of Amount of Amount construction construdion phase construction awarded phase funded from other phase sources requested Construction $241,200 $0 $241,200 $241,200 Page 1 of 1 � 1��°��i�i�. �`��:�.: _ _ _:�; � j •?:'t ; �Washing#an State ' L� '" Transportation Bniiding Department of Transportation s�o nnaPie �a� a�e��,e s.E. Paula J. Hammond, P.E. ��i�`,�:; , =� ��`' P.O. 8ox 47300 Secratary o# Transportation oiympia, WA 98504-7300 360-705-7000 TTY: 7 -800-833-6388 www.wsdot.wa.gov February 7, 2013 Mr. Cary Roe Public Works Director City of Federal Way PO Box 97 i 8 Federal Way, WA 98063-9718 2013 Quick Response Safety Program Federal Funding Dear Mr. �� 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 Safery Improvement Program (HSIl'). The federal funding for construction of the project is limited to: Citywide Retro-reflective Backplates 5122,000 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 norice 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 l, 2013, or the funds will be reprogrammed to other priority safety projects. 5. No scope changes wili be allowed for 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.govJLocalPrograms/Progr�amM�ZPR.htm. To access the database you will need an account name and password. Your account name is Federat 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 ov/publications/manuals/fuiltext/M36-63/LAGManual.pdf. Also, as a reminder, H&LP encourages ali agencies to submit monthly progress billings to ensure timely reimbursement of eligibie 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 Project Summary Program: 2013 Quick Response Safety Program Oate: February 2013 Agency: City of Federa) Way Project Title: Citywide Retroreflective Backplates Project Number: To be assigned Project Description: improve the visibility of traffic signal heads. Detailed Project Descrip#ion: Install 1�ellow retroreflective tape an existing traffc signal backplates at the following intersections: 1. SR 99 MP 12.57 (Pacific Hwy S) / S 276th Si. 2. Military Rd S/ S Star Lake Rd. 3. SR 99 MP 11.90 (Paci�c Hwy S) / S 288�' St. 4. 18`fi Ave S/ 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 S& Redondo Way S/ SR 509 MP 14.20 (S Dash Point Rd.) 8. SR 99 MP 11.37 & Pacific Hwy S/ SR 509 MP 14.29 {5 Dash Point Rd.) 9 Sth Ave SW / SR 509 MP 12.30 (SW Dash Point Rd.) 10. SR 99 MP 10.94 (Pacific Hwy S) / 5 304`�' St. 11. Military Rd S/ S 304th St. 12. SR 99 MP 10.69 (Pacific Hwy S) / S 308th St. 13. 15t Ave S/ S 312th St. (SW 312th St.) 14. 8th Ave S f S 312`�' St. 15. 14�' Ave S/ S 312�' St. 16. SR 99 MP 10.44 �Pacific Hwy S) / S 312th S#. 17. 23�d Ave 5/ 5 312th St. 18. 215L Ave SW / SR 509 MP 11.25 (SW Dash Point Rd.) 19. 20th Ave S/ S 314th St. 20. 23`d Ave 5/ 5 314th St. 21. Fire signal in 31600 block of 15Y Ave S 22. SR 99 MP 10.18 (Pacific Hwy S) / S 316th St. 23. 20t" Ave S J S 316th St. 24. 23`d Ave S/ 5 315th St. 25. 23�d Ave S/ S 317Lh St. 26. School signal in 4200 block of SW 320t�' St. 27. 26`h Ave SW / SW 320`h St. 2$. 32"d Ave S/ S 320th St. 29. Fire signal in 3700 biock of S 320th St. Page 1 of 3 30. 23`d Ave 5/ S 322"d St. 31. 11th PI. S& 13ih PI. S/ S 324th St. 32. 21SI Ave SW / SW 325in P) 33. lst Ave 5/ 5 325th St {SW 325�' St.) 34. 15t Ave S& 1n Wy S/ S 330�' Si (SW 330th St.) 35. SR 99 MP 9.31 (Pacific Hwy S) / S 330th St. 36. 21S` Ave SW / SW 334�' St. 37. 1St Wy S/ Bonnevilie Power Administration (8PA) trai! pedestrian signal 38. lst Wy S/ S 333`d St. 39. 19`h Ave SW / SW Campus Dr. 40. lst Wy 5/ 5 336th S#. 41. 9th Ave 5/ S 336zh St. 42. 13�' PI. S/ S 336th St. 43. SR 99 MP 8.93 (Pacifiic Hwy S) / S 336�' St. 44. 20th Ave 5/ S 336`h St. 45. 10�' Ave SW (12`h Ave SWj / SW Campus Dr. 46. Hoyt Rd SW & 39th Ave NE / SW 340th St {Northshore Pkwy. NEj 47. 35`h Ave SW / SW 340�h St. 48. SR 99 MP 8.65 (Pacific Hwy S) / 16t�' Ave S/ 5 340th St. 49. 215L Ave SW / SW 344th St. 50. 34400 block of 15L Way S(1� Ave 5) / Winco Driveway S 1. 16th Ave S/ S 344th St. 52. 100 block of SW Campus Dr / Winco Driveway 53. 215L Ave SW / SW 348th St. 54. 1S` Ave S J 5 348`h St & SW Campus Dr. 55. 9th Ave S/ S 348ih St. 56, SR 99 MP 8.14 (Pacific Hwy S) / SR 18 MP 2.206 (S 348ih St.) 57. SR 161 MP 36.25 (Enchanted Pkwy S also 16th Ave S) / SR 18 MP 2.41B (S 348t" St.) 58. 215` Ave SW / SW 356th St. 59. SR 93 MP 7.63 & Pacific Hwy 5/ 5 356tfi St. 60. SR 161 MP 35.75 & Enchanted Pkwy S/ 16th Ave S/ S 356ih St. Project Schedule (Estimated): Contract Advertised June 2013 n to Traffic {operationally complete) September 2013 Page 2 of 3 Project Cost and Award Amount: Phase Cost of Amount of Amount of Amount construction construction construction awarded phase phasefunded phase from other requested sources Cons#ruction $122,000 $0 $122,000 $122,000 Page 3 of 3 COUNCIL MEETING DATE: March 19, 2013 ITEM #:_ 'S1�._ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.rECr: NPDES Permit Requirements/Annual Report and SWMP POLICY QUESTtON: Should Council approve the 2012 Annual Report and Stormwater Maoagement 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 CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: William Appleton, P.E., SWM MEETING DATE: March 4, 2U13 ❑ Public Hearing ❑ Other DEe'[': Public Works Attachments: Land Use and Transportation memorandum dated March 4, 2013 2012 Annuai Report Stormwater Managernent 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 Mazch 19, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: D[RECTOR APPROVAL: � L��I�L committoe Council COMM[TTEE RECOMMENDATIOIY: Forward Option 1 to the March 19, 2013 City Council Consent Agenda for approval. PROPOSED COUNC[L MOT[ON: "I move to authorize the Mayor to submit the 2012 Annual Report and SWMP to the Department of Ecology by March 31, 1413 to satisfy the City's NPDES Permit obligations. " (BELOW TO BE COMPLETED BY CITYCLERKS OFF/CE) COUNCIL ACTION: , � APPROVED COUNC[L B[LL # ❑ DENIED tsr resdiug ❑ TABLED/DEEERRED/NO ACT[ON Enactment readiag ❑ MOVED TO SECUND READING (ordinances only) ORDINANCE # REVLSED — 08! I2/2010 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 Emergency Management� FROM: William Appleton, P.E., Surface Water Manager�i� Hollie Shiiley, Water Quality Specialist � SUBJECT: NPDES Permit Requirements/Annual Report nnd SWMP BACKGROUND• The National Pollutant Discharge Elimination System (NPDES) is a federal pemut 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 l7, 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 permitt�'s compliance with the NPDES Phase II Permit. Annual Reports must be submitted to DOE on or before March 31 S` of each year. Since the effective date of this permit, City staff has been working with the DOE and several regional foiums to determine how to best meet the permit requirements. City staff has prepazed 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 pian 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. • 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. cc: Project File Day File CITY OF Federal VVa y � Annual Re ort p Reporting Period 2012 (Prepared March 2013) Pursuant to the Western Washington Phase II Municipal Stormwater Permit #WAR04-5516 1. Permittee Information Permittee Name City of Federal Way Contact Name Wiliiam Appleton, P. E. Mailing Address 33325 8th Avenue South City Federal Way Emai! Adddress william.appleton@ci#yoffederalway.com II. Regulated Small MS4 Location Jurisdiction City of Federal Way Major Receiving Water�s) Puqet Sound Permittee Coverage Number WAR 04-5516 Phone Number 253-835-2750 State Zip + 4 WA 98003-6325 Entity Type: Check the box that x Other I11. 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 Q6ligation(s): IV. Certification All annual reports must be signed and certified by the responsible official(s) o# permittee ar co- permittees. Please print and sign this page of the reporting form and mail it {with an origina! signature) to Ecology at the address noted below. An eleetronic signature wili noi 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 Quaiified 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 sub�itting false information, including the possibility of fine and imprisonment for wi�iful violations. Title Title Title Title Title Date Date Date Date Date Ins#ructions on Filiing out the Western WA Phase il Municipal Stormwater Permit Annuat Report Form for Cities and Counties 1. Compleie all TABS in the worksheet: (1) Permittee information; (2) Certification; (3) ANNUAL REPORT {Section V1); (4) Info Coliec#ion (Section Vll-A}; (5) lnfo Collection (Sec#ion Vl!-B); t6) Info Collec#io� (Sec#ion VII-C); and (7) lnfo Coliection (Section V11-D). 2. The Certification #orm/TAB must be siqned and certified by the responsible offrcial(s). All TABs {except the 1NSTRUCTIONS) must be printed out and mailed to Ecology. 3. Answer every q�aes#ion. Use the Comments and Attachment fields onty when necessary to provide additional information. 4. For questions asking #or a number, type in a 0(zero) in the # field of the ANNUAI REPORT tab if no activity has occurred. Do not leave the fieid blank. 5. Do not add text #o shaded fields. 6. Use the following tabies to guide filling out the Y/N/NA field. See beiow. 7. Save your completed Annual Report and email the Excel worksheet PLUS attachments to: PH2 WAnnRpt@ecy.wa.gov. Ecology canno# accept incomplete or partialty completed Annual Report forms. If you met the permit requirement by the deadline in Mark Y in the Y/N/NA field. the permit... Mark N in the Y/NJNA field. If you did not meet the permit requirement by the deadl�ne in pravide following information in Comments field: "reasons the permit..... 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/NlNA fieid. ACRONYMS AND ABBREVIATIONS NPDES SWMP ESHB MEP AKART MS4 fcology Permit SWM BMPs BPA SWR WRIA STOR�A LUTC IDDE FWRC IDP DOE KCSWDM LID CB SWPPP Nationa! Pollutant Discharge Elimination System S#ormwater Management Program Engrossed Substitute House Bit1 Maximum Extent Practicable Ali Known and Reasonable Technology Municipal Separate Storm Sewer System Washington State Department of Ecology Wes#em Washington Phase 11 Municipa! Stormwater Permit City of Federal Way Surface Water Management Division Best Management Practices Bonneville Power Administration City's Solid Waste and Recycling Division Water Resource Inventory Area Stormwater Outreach for Regional Municipalities Land Use and Transportation Committee Itlicit Discharge Detection and Elimination Federal Way Revised Code 111icit Discharge Potentiat Depa�tment af Ecoiogy King County Surface Water Design Manual Low impact Development Catch Basin Stormwater Pollution Preven#ion Plan VI. Status Report Covering Calendar Yr: 2012 Jurisdiction Name: ciry 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 a!I questions. PLEASE review your work for comple#eness and accuracy. Save this worksheet as you go! Question Y/NJ # Comm�;nts (50 word limit) Name af Attachment � NA Page #, if aat�ica#�te i. Attaehed annual written update of Permittee's 1' � See Attachmenr. City of Federai Stormwater Management Program (SWMP), �` Way Stormwater Management including applicable requirements under d� Program document (SWMP) SS.A.2 and S9? � ��'� �` � ��: �� : '� ;r,�- ,� �,'�� 2. Attached a copy of any annexaiions, NA '� �� °�' There were no annexarions or boundary incorporations or boundary changes resulting ,� changes during the reporting period. 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? £ � �' =.� , ` §' . � � •; �; � ti , � � �; � � " �� °_ �r�:: 3. Implemented an ongoing program for Y �� gathering, tracking, maintaining, and using information to evaluate SWMP devetopment, implementation and permit compliance and to set priorities? (SS.A.3) � , ,� , s� ��„ 4. Tracked costs or estimated costs of the I' ��: development and implementation of the -,- SWMP? (SS.A3.a) ;F��;a 5. SWMP inciudes an education program aimed Y `�'��'=�" � � at residents, businesses, industries, elected ,��t:,� ;; officiats, poticy makers, planning staff and �' "`'' °" other employees of the Permittee? (SS.C.1) �' z' �: -. 6. Number of pubtic education and outreach 43 activities implemented: 7_ Provided opportunities for the public to Y Participation is provided via the City website, participate in the decision making processes ' newsletters, and public meetings. involving the development, implementation � and updates of the Permittee's SWMP? (S�.C.2.a) Page 7 of 10 Question Y/Nf # Comments (50 word limitj Name of Attachment 8 Nq Page #, if appticable 8. Implemented a process for public involvement Y and consideration of pubiic comments on the SWMP? (SS.C.2_a) t, ?>i. F �; ti: . .';, 9. Made the most current version of the SWMP Y '�� '� ; . <a= available to the pubiic. (SS.C.2.b) �.; _ -: ,: �:- . ,�, -�� (0. Posted the SWMP and latest annual report on Y ��•� :;,. Permittee's website. (SS.C.2.b) i l. NOTE website address in Attachment field: hup://www.cityoffederalway.co �� m/index. aspx?nid=186 �~ ...��;,��:: 12. Maintained a map of your MS4, inctuding I' ` v' requirements listed in SS.C.3.ai-iii? �� `� ��' �'�. 'x,�. � : 13. Map has been made availabte upon request? Y �:. (SS.C3.a.iv) �: t%: 14. implemented an ordinance or other regulatory Y ;`�t, � Ordinance No. 09-6t9 mechanism to effectively prohibit non- stormwater, illicit discharges into the Permittee's MS4? (SS_C.3.b) ��;� I5. Implemented an ongoing program to detect Y and address non-stormwater illicit discharges, including spills, and illicit connections into the Permiitee's MS4? (SS.C_3.c) � ° �;:� �r i6. Implemented tield assessment activities, Y inctuding visual inspection of priority outfalis identified during dry weather, and for the ., purposes of verifying outfall locations, ° " identifying previously unknown outfalls, and detecting illicit discharges. (SS.C3.c.ii) 17. Conducted fieid assessments on at least one Y high priority water body? (S5.C3_c.ii) t 8. Implemented procedures for characterizing the Y nature of, and potential public or environmental threat posed by, any illicit discharges found by or reported to the Permittee? (SS.C.3.aiii) Page 2 of 10 Qwestion YfN/ # Gomments (50 word limit) Name af Attachment 8 Nq Page #, if apaticable 19. Implemented procedures for tracing the source Y of an illicit discharge; including visual inspections, and when necessary, opening manholes, using mobile cameras, collecting and analyzing water sampies, and/or other detailed inspection procedures? (SS.C3.c.iv) �: ; �� z � „s , ,, °fr �`�-n 20. Implemented procedures for removing the Y source of the discharge, including notification of appropriate authorities; notification of the property owner; techr►ica! assistance for etiminating the discharge; follow-up '� ai. inspections; and escalating enforcement and legal actions if the discharge is not eliminated? (SS.C.3.c.v.) y r� y � ?��'. ��:r� L�";. . }ii 21. Provided updated information to public 1' �� < � emptoyees, businesses, and the general public �'� `�' of hazards associated with illega( discharges and improper disposal of waste? (SS.C3.d) ; _... 22. Distribuied appropriate information to target Y audiences identified pursuant to SS.C.1? (S5.C.3.d.i) 23. Publicized and maintained a hotline or other Y local telephone number for public reporting of spilis and other ilticit discharges? (SS.C3.d.ii) 24. Number o€hottine catls received: 5 SWM received a total of 36 complainu via a number of different pathways in 2012. Oniy five of the complaints were received via the Spill Hot(ine. 2�_ Number of foilow-up actions taken in response , 5 Staff follows up with ALL reports received. to calls: _.. 26. NOTE hotline number in Comments field y: , (253) 835-2700 After hours:(800) 400-0749 27. Number of iliicit dischazges identified 2� (SS.C.3.e): 28. Number of inspections made for illicit 2 connections (S�.C3_e): Page 3 of 10 Question YfNI `# Comments (5U word limit) Name of Attachr�ent 8 • NA Page #, if aciplicabie 29. Municipa( fieid staff responsible for Y identification, investigation, termination, cleanup, and reporting of illicit discharges, improper disposal and illicit conneciions are trained to conduci these activities? (S�.C.3.f.i) 30. Implemented an ongoing training program on Y ! the identification of an illicit �$`-� ' dischazge%onnection, and on the proper procedures for reporting and responding to the iilicit discharge%onnection for alt municipal field staff, which, as part of their normal job ��" responsibilities, might come into contact with or otherwise observe an iilicit discharge or illicit connection to the storm sewer system? ��° ' (SS.C.3.f.ii.) �-'� � _{ �_��,� £� �; �s � � : � ��,z �� >.,;: . 31. Appiied stormwater• runoff program to private Y �� ` and public development, inciuding roads? (SS.C.4) '� �� e. � � 32. Applied the Technical Thresholds in Appendix Y ' � 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? (SS.C.4) � ;`,; 33. Implemented a regulatory mechanism (such as Y an ordinance) necessaiy to address run-off from new development, redevelopment and construction site activities? {SS.C.4.a) � � � .' . � M��' F'Z 'nT. ,x,..�y::';�: 34. Reta+ned existing loca( requirements to appiy Y stormwater contro(s at smaller sites or at lower thresholds than required pursuant to SS_C_4? (SS_A.4) 35. Number of exceptions to the minimum �: � requirements in Appendix 1 granted (SS_C.4.ai and Appendix 1)? 36. Number of variances to the minimum � requirements in Appendix t allowed (SS_C.4.a.i and Appendix 1)? Page 4 of 10 Questio�a Y{N/ # Gornments (50 word limit) Name of Attachment & �q Page #, rf appticable 37. Implemented a permitting process to address Y runoff from new deveiopment, redevelopment and consiruction site activities with p(an review, inspection, and enforcement capability? (S�.C.4.b) : � :.; 38. Reviewed Stormwater Site Pians for new Y ';; . development and redevelopment projects that �` `'` disturb a land area i acre or greater, including projects less than one acre that are pari of a ;�;� >' larger common plan of development or sale? {S�_C.4.b.i) :;�. �� . �.:: �: 39. Number of site plans reviewed during the 16 reporting period: ' �� .;: ��,;� 40. Inspected, prior to clearing and construction, Y •.;. '` all known development sites that have a high poteniial for sediment transport as. determined through plan review based on definitions and requirements in Appendix 7 Determi�ing =�; ` Construetion Site Sediment Potential? (SS.C.4.b.ii and v) � y` �:� , .. •; 41. Number of qualifying sites inspected prior to t02 13 Commercial Sites, 89 Single Family Sites clearing and construction during the reporting - period: 42. inspected construction-phase stormwater Y contro(s at atl known permitted development sites during construction to verify proper installation and maintenance of required erosion and sediment controls? (SS.C.4.b.iii and v) 43. Number of sites inspected during the 111 12 Commercial Sites, 99 Single Eamily Sites constructio� phase for the reporting period: 44. Based on inspections at new developmeni and Y redevelopment construction projects, enforced requirements related to the proper instailation and maintenance of erosion and sediment controls? (S�.C.4.b.iii and vi) Page 5 oi 10 Question Y/N/ # Commerrts (5� ward limit) Name of Attachment 8 NA Rage #, if apQlicaJsie 45_ Number of enforcement actions taken during 4 ' the reporting period: � 46. ir►speciecl qualifying permitted development Y sites upon completion of construction and prior to finai approval or occupancy to ensure proper instatlation of permanent stormwater controls such as stormwater facitities and structural BMPs? {S�.C.4.b.iv and v) 47. Numb�er of qualifying sites known during the '�- �: �" � 119 � � � reporting period: ,_ 48. Number of qualifying sites inspected during '� ' 119 9 commercial Sites, i 10 Single Family Sites the reporting period: �. �,�� :' 49. Verified a mainienance p{an is completed and Y 5. =' responsibility for maintenance is assigned for qualifying permitted development sites (SS.C.4_b.iv) 50. Enforced regulations to ensure proper Y installation of permanent stormwater controls? (SS.C.4.b.iv) .i 1. Number of enforcement actions taken during I the reporting period: _..,: �; 52. Implemented a long-term operation and Y �" ""' " maintenance (O&M) program for post- construction siormwater facilities permitted and constructed pursuant to SS.C.4.a. and b.? (SS.C.4.c) 53. Annually inspected all post-construction Y stormwater controls, including structural BMPs, at new devetopment and redevelopment projects permitted according to S�.C_4.b. (unless maintenance records justify a different frequency)? (S�.C.4.c.iii) 54. If using reduced inspection frequency, NA Attachcd documentation as per S�.C.4.c.iii? Page 6 of 10 Questian Y/N/ # Comments (50 word lirrtit) Nacr�e o� Attachrnerti 8 NA Page #, i# apc>Eicable 5�. Performed timeiy maintenance of post- Y constntction stormwater facilities and BMPs as per S�.C.4.c.ii? a,: -� �,;,r� 56. Attached documentation of any maintenance NA delays. (SS.C.4.c.ii) : � ,� ��;�r� ��. :� 57. Inspected all new stormwater treatment and Y ;� �; flow control facilities owned or operated, v� inctuding catch basins, for new residentia( �' -' developments that are a part of a larger common pian of development or sale, every 6 months during the period of heaviest house �$ construction (i.e., 1 to 2 years following : .,: subdivision approvai) to identify maintenance -° ` needs and enforce compliance with '� maintenance standards as needed? 3^ h (SS.C_4.c.iv) �� 58. Number of faciiities inspected during the 16 reporting period: �9. Impiemented a procedure for keeping records Y of inspections and enforcement actions by staff, inctuding inspection reports, warning letters, notices of violations, other enforcement records, maintenance inspections and maintenance activities? (SS.C.4.d) b0. Provided copies of the Notice of Intent for Y Construction Activity and Notice of Intent for Industrial Activity to representatives of proposed new development and redevelopment? (S�.C.4.e) 61. All staff responsibte for implementing the 1' program to control stormwater runoff from new development, redevelopment, and construction sites, including perrr►itting, plan review, construction site inspections, and enforcement were trained to conduct these activities? (S�_C.4.f) Page 7 of 10 Question YfNI # Comments (5Q word limit) Name af Attachment � NA Page #, if apt�ticable b2. Performed timely maintenance as per Y r.. . . . SS.C.�.a.ii? :., .. 63. Attached documentation of any maintenance NA delays. (SS_C.�.aii) `�� `z :_�� . <� �r� 64. Im lemented a ro ram desi ned to annuall 1' '� � P P g g Y �,„��, t inspect and maintained all stormwater `- v' treatment and flow control fac'►lities (other than '�a-' � catch basins)? (SS_C.S.b) �� M1U �� ,w � ,,� . �.p. n,�?q., ,��.��':': 65. Number of known facitities: `'`• 446 �4 `��'�: 't:%«'&+�. 66. Number of facilities inspected during the >;�` 446 reporting Qeriod: 3� 67. If using reduced inspection frequency, NA Attached documentation as per SS.C.S.aii? �w .,? (SS.C.S.b) � �� ' �=. �� 68. Conducted spot checks of stormwater facilities 1' after major storms? (SS.C.S.c) ,; 69. Number of known facilities: 158 The Hot Spoi list currently consists of 158 stormwater facilities._ 70. Number of facilities inspected during the 158 repoRing period: �;` 71. Inspected 20% of municipally owned or Y operated catch basins at least once before the end of the Permit term? (S�.C.�.d and Permit .:, , Reference Table) - 72_ Number of known catch basins: t2,053 73. Number of inspections: 5, t 28 Number of inspections and catch basins cleaned is during 2012 only_ 74. Number of catch basins cleaned: �,1Zg 7�. Implemented practices to reduce stormwater Y 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? (SS.C.�_� Page 8 of 10 Question YfNf # Gommen:ts (50 word tirnitj Name of Attachmerit 8 �p� : Page #, if applicabfe 76_ Implemented poticies and pmcedures to reduce Y pollutants in discharges from al1 lands owned ' : : .� or maintained by the Permittee and subject to this Permit, including but not limited to: parks, ; open space, road right-of-way, mai�tenance '� yards, and stormwater treatment and flow ? �,� contcol facilities? (SS.C.S.g) : ��" :�;�,, j.. u ry� ~ �� ..� )�-f, :�; ': 77. [m lemented an erations and maintenance Y "��`� �' P oP ' "` � ,�:: (O&M) training program tliat has the uliimate ' �' :�� goal of preventing or reducing poilutant runoff ': � �� from munieipal operations? (SS.C.S.h.) �,�' ��° ,� �� : �� .� �� : x; �' -�� = � � ��"� 78. Im lemented a Stormwater Pollution Y �� P ��;��: Preveation Plan (SWPPP) for ail heavy ��a �� equipment maintenance or storage yards, and "`x Y Y� p�e � ' � a��` material storage facilities owned or operated � w �` ; by the Permittee in areas subject to this Permit �� :, that are not required to have coverage under .� �� the Industriat Stormwater General Permit? ��'� (SS.C.S.i) �� ;°� �` �� ,: �� ; � � r"; . w �,° <y' a �+� �a 79. Complied with the specific requirements NA �� associated with approved TMDLs identified in '" Appendix 2? (S7.A and Permit Reference E Tab(e) s y :' � ��;, �, .; � ��,�� £,.�-� , 80. Attached status report of TMDL NA ��; imptementation? (S7.A and Permit Reference ` , ,�:E Table) � '�� : �,. � 81_ Where monitoring was required in Appendix NA 2, did you conduct the monitoring according to an approved Quality Assurance Project Plan? (S7.A and Permit Reference Table) 82. Notified Ecology immediately in cases where Y the Permittee becomes aware of a discharge from the Permittees MS4 which may cause or contribute to an imminent threat to human health or the environment? (G3) Page 9 of 10 Questiort Y/N/ # Comments (5Q word limit) Name oi Attachment 8 NA Page #, if ana[icable 83. Took appropriate action to correct or minimize Y discharges into or from the MS4 which could constitute a threat to human health, weifare, or w- the environment? (G3) ` ; ��' � � :��YS`°a y • �,�.�:> ��'�� . i `o t.:i -k` 84. Attached a summary of the status of NA �5� `�� implementation of any actions taicen persuant �� :� to S4.F and the status of any montioring, �� .h :•: assessment, or evaluation efforts conducted � x� �� ' �a .a during the reporting period? (S4.F3.d) �� -' �, .,. �� . �; � _�;� :,. �"x �"� � .w�-� ,�. 85. Notified Ecology of the failure to compty with NA �� ' �� any permit term or condition within 30 days of ��" �- becoming aware of the non-compliance? (G20) � ��- �;s � ., tx'i , x.�+. Page 10 of 10 VII. Information Collection, BMP Evaluation, and Monitoring Complete Part A for all annuai reports. NQTE: Please note in Row 1 of the table if you have no information to report. NOTE: Please limit your entries to 255 characters per cell. You may include additional information in your Supplemental Documentation attachment and reference it below with the page number. A. Information Collection Briefly dsscribe any stormwater monito,ring, sxudies, or type of information coll�cted and analyzed during:: the . IMho/how tc� contai�t #or additional re orting period. (58.6.1) inform�tic�n? 1. See Attachment-Current Monitorin Studies Daniel Smith 253 835-2756 2• daniel.smithCa�citvoffederalwav.com � � � Page 1 of 1 a VII. Informa#ion 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 yowt SV11MP. 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 YiN�Na Co�nments (50 word IFmit) Some public education BMPs are more successful than others. The City continues to adapt iYs program to tre as swccessful as Y possible. tt is recognized however the no single BMP will ever effectively change 100% of people's behavior, therefore the Are the BMPs selected and implemented for Public Outreach City implements a variety of education and outreach 1. appro riate to minimize pollutants in the MS4 to the MEP? a roaches. Are the BMPs selected and implemented for Public The City provides numerous opprtunities for public comment Involvement appropriate to minimize pollutants in the MS4 to Y and participation in the development of the SWMP. 2. the MEP? Are the BMPs selected and implemented for Illicit Discharge Federal Way's IDDE program is successful in eliminating Detection and Elimination appropriate to minimize pollutants Y known illicit discharges and illegal connections to the City's 3. in the MS4 to the MEP? MS4. Are the BMPs selected and implemented for Construction The Construction Rurr off Program prevents and eliminates Stormwater Pollution Prevention appropriate to minimize Y stormwater pollution thru the inspection and enforcement 4. pollutants in the MS4 to the MEP? process. BMPs utilized are effective. Are the BMPs selected and implemented for Post- The Post-Construction inspection program is successful in reducing stormwater pollution to the maximum extend possible Construction Runoff Management appropriate to minimize Y using eforcement measures if necessary. BMPs have shown 5, ollutants in the MS4 to the MEP? to be effective. Are the BMPs selected and implemented for Good BMPs implemented as part of Federal Way's Operation and Maintenance program remove tons of potentially polluting Housekeeping for Municipal Operations appropriate to Y material from the stormwater system, preventing it from 6, minimize pollutants in the MS4 to the MEP? reachin receivin waters. The BMPs are effective. Page 1 of 1 VIi. Information Coilection, BMP Evaluation, and ItAonitoring Complete Part C for �II annual reports. C. Changes in BMPs or objectives (S8.B) If any of the BMPs or objectives is being changed, list fhe old BMP and objective, the new BMP and objecti�e, and a justifi�ation 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 atta�hments in the Justification for change field. Qld BMP Old Objective New BMP New 4bjective Justifi�ation for Change Page 1 of 1 2012 Annual Report Attachment-Current Moni#oring Studies �s�rip�ion of st�r��ter �n��a�ring, studies, or type of �f�nati�� colle�t�d and ��atyz�d du�i�g the reporting peri�►d. Staff eontact �.8.1} ; Continuous water quality monitoring at one (1) in-pipe MS4 location Dan Smith, 1 Water Quality Coordinator for dissolved oxygen, temperature, and pH, and turbidity. 253-835-2756 Dan Smith, 2 Continuous water quality monitoring at one { 1) in-pipe MS4 location Water Quaiity Coordinator for dissolved oxygen, pH, temperature, turbidity, and flow. 253-835-2756 Continuous water quality monitoring at two (2) in-pipe MS4 locations Dan Smith, 3 Water Qua.lity Coordinator for flow. 253-835-2756 Continuous water quality monitoring at two (2)surface water locations Dan Srnith, 4 Water Quality Coordinator for dissolved Qxygen, temperature, and pH, and turbidity. 253-835-2756 Continuous temperature monitoring at approximately ten (10) Dan Smith, 5 individual (both MS4 and surface water) sites utiiizing automated Water Quality Coordinator loggers. 253-835-2756 Various grab samples collected to quantify stormwater contaminants Dan Smith, 6 of concern associated with prohibited stormwater discharges and code Water Quality Coordinator enforcement action. 253-835-2756 In-stream B-IBI macroinvertebrate samples collected and analyzed Da� Smith, 7 Water Quality Coordinator from eleven ( t 1) individual sites. 253-835-2756 Hollie Shilley, 8 Catch basin sediment level monitoring. NPDES Caordinator 253-835-2752 CITY OF e e ra a � � �� 4 � ��!"��ll � I : i Pursuant to the Western Washington Phase ll Municipal Srormwater Permit #WAR04-5516 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 Ac#ivites ..................................................................................................... 3 SECTION Z- PUBLIC iNVOtVEMENT AND PARTICIPATION .......................................................5 2.1 Permit Requirements (S5.C.2) ................................................................................ 5 2.2 Pianned Activities .................................................................................................... 5 SECTION 3- iLLlCIT DISCHARGE DETECTION AND ELIMINATION ............................................6 3.1 Permit Requiremen#s (S5.C.3} ................................................................................ 6 3.2 Planned Activities .................................................................................................... 6 SfCTION 4- CONTROLUNG RUNOFF FROM CONSTRUCTIQN SITES ......................................7 4.1 Permit Requirements (S5.C.4) ...................................•---......................................... 7 4.2 Planned Activiiies ................................................................................................... .8 SECTION 5- POLLUTION PREVEN710N AND OPERATtONS AND MAINTENANCE ...................9 5.1 Permit Requirements (S5.C.5) .......................................•--.............._......----............ .9 5.2 Pianned Activities..---� ............................................................................................. .9 SECTION 6- MONITORtNG AND ASSESSMENT .........................................................................10 6.1 Permit Re uiremenfs S8 10 q � ) ..................................................................................... 6.2 Planned Activities ........................�---...........----....................................................... 19 CALENDAR OF NPDES PERMiT RELATED ACTIVITIES 2013-2018 ............................................92 DEFiN1T10NS AND ACRONYMS ......................................................................•--•--.........14 Page i City of Federal Way NPDES Phase iI Stormwater Management Program BACKGROUND In August 2012, the Washington State Department of Ecotogy (Ecology) released the final updated Westem Washington Phase II Municipal Stormwater permit (NPDES permit) covering the City of Federai 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 facal stormwater programs with the ultimate goal of improving water quality in Puget Sound. While there are several types of NPDES permiis 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. Co�struction site run-off and non-point source poilution, such as oils and metals from cars, fertilizers and pesticides from lawns, soaps from car washes, and pet waste a�e major con#ributors to stormwater pollution and wa#er quality degradation in our lakes, streams, wetlands and the Puget Sound. One of the major requirements u�der the Municipal NPDES Permit is that all affected cities create and implement a Stormwater Management Program which addresses the �equired permi# elements: 1) Pubtic Education and Outreach, 2) Public lnvolvement and Participation, 3) Hticit Discharge Detection and Elimination, 4) Construction Site Run-Off 5) Operations and Maintenance o# 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, #he Washington State Legisla#ure enacted Senaie Biil 6406 to give cities fiscal reNef during a period of economic downtum 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 Depar#ment of Ecology to: • Re-issue {without modifications) the 2007-2012 permit fo� a period of one additional year to be effective from September 1, 2012 to August 1, 2013 and, • Re-issue the updated Phase 11 permit at the same time with a delayed effective date of Augus# 2013. This permit has updated permit requiremer�ts and new deadlines to meet. The updated Phase ll permit will be in effect from August 2013 to August 20'18. The new 2013-2018 permit includes significant changes to requirements related to low impact development (LID) regulations for new developmer�t and redevelopment and monitoring requirements for municipalities. Ecology included these �equirements to address 2008 and 2009 rulings by #he Pollution Control Hearing Board. The new LtD requirements that are incorporated into the NPDES permit are based on input from a 2009 2010 LID advisory group, in#ormal public comments on preliminary draft requi�ements in May and June of 2011, and public comments on the draft permits. The updated permit requires the City #o implemeni: • Site and subdivision standards including a hydrolagic performance standard and a menu of approved LID best management practices to meet the new standards. Page t of t 8 City of Federal Way NPDES Phase II Stormwater Management Pragram • Updated developmer�t codes to achieve LID goals of retaining vegetation and iimiting 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 aiso revised the Stormwater Management Manual for Western Washington #o incorporate the new LID standards. The City wi11 be requirect to adopt either Ecology's revised manua! or a manual that has been deemed equivalent. Federal Way currently uses the 2009 King County Sur#ace Water Design Manual which is being updated to include the new LID standards. The 2013-2018 Permit also inctudes new monitoring and assessment requirements. from 2008 to 2012, Ecology wortced with a group of municipalities and other inte�ested parties in Puget Sound to design a Regiona! Stormwater Monitoring Program (RSMP). The stakeholder group recommended that Ecology serve as the RSMP administrator for this permit teRn. This means each municipaGty 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 ll cities will be funding includes: • Receiving water monitoring: Information will be collected on #he status and trends in water quality, habitat, and biota in smalf streams and marine near sho�e areas affected by sto�mwater in the Puget Sound basin. • Program effectiveness: Regional studies of stormwater practices will be conducted ta coliect information that will be used to improve programs and future permit requirements. • Source identification: Permittees wil! develop an information repository that will serve as a#oo( to improve source controi and reduce stormwater pollution. • Data management and analysis: The regional program monitoring data will be pubiiciy 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 Ci#y is required to notify Ecology of its decision to either pay into the Regional Stormwa#ef Monitoring Program or to conduct its own monitoring as detailed in the permit by December 31, 2013. Page 2 of 18 City of Federat Way NPDES Phase II Stormwater Management Progracn INTRODUCTION This document is a requirement of the NPDES permit and is updated annually by #he Ci#y of Federai Way Surface W�ter Management Division (SWM). The Surface Water Management Program document generally describes the City's stormwa#er management program and outlines permit related activities planned for the upcoming year (2013). The iriformation provided indicates how the City intends to meet specific requirements and deadlines and describes specific activities that are planned under each program component. The con#ent in this documen# is based upon ihe 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 �etection and Elimination Section 4 Controlling Runoff from New Development, Redevelopment and Constn.iction Sites Section 5 Pollution Prevention and Operation and Maintenance for Municipai Operations Section 6 Moni#oring 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 io 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 unders#anding and adoption of a targeted behavio� 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 infotm 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 alt public educatiort activities. A summary of the major public education activities pianned for 2013 is provided below. Page 3 of 18 City of Federai Way NPDES Phase I[ Stonnwater Management Program The major focus of SWM's 2013 Public Education and Outreach program will be the impiemen#ation and wrap up of the City's 2012 Municipal Stormwater Grant of Regional or Statewide Significance. The grant, awarded by tfie Department o# Ecology, provided staff with the funding to develop a pilot stormwa#er educa6onal package, Storming the Sound with Salmon, which includes a public display with an aquarium for raising salmon, and stormwater cu�riculum materials for 4�' S"' and 6"' 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 jurisdic#ions and school districts throughout the region. • A salmon releasing eveni will be planned for early spring as the culminating event of this year's Storming the Sound w'+th Salmon project. The celebration will take place at the Wes# Hylebos Wetlands park with the help of city staff, #he school district, Earthcorp, Friends of the Issaquah Salmon Hatchery, Federal Way Historical Saciety, the Marine Science and Technology Cen#er, and many more! • SWM will produce two quarterly newsletters (The Waterlog and The Lakeview) which cover a variety of topics on pollution preven#ion and general awareness of sto►mwater related issues. The newsletters are maiJed to several hundred Federa! Way residents, sent electronicatly to several hundred more via subscription, provided on the City's website, and are available to the public at City Hall. • SWM recent{y purchased 1000 curb marlcers and plans to coordinate with volunteer groups this summer to label storm drains at local elemen#ary, middie, and high schools. The curb markers help increase public awareness of the environmen#al effects of dumping in storm drains and remind the public of #he direct connection between storm drains and our surface waters. . Severa� 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 pianting, invasive plan# removal, trail maintenance, and stream clean up. A clean up of Redondo creek is also scheduled with Nautilus Elementary in June. • Salmon in City Hal1 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 dispiay and educationai materials highlight the relationship between people's everyday activities at home, stormwater, and the health of salmon. . In the fall, Surface Water Management will hos# a stormwater-related woricshop as part of the City's new Green Living monthly workshop series. The specific iopic has not been determined at this time but past workshop topics have inctuded low impact development, naturat 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 tf�is program consistently grows each year_ Special kits, designed to divert wash water to the sanitary sewer system, are loanect out by the City at no cost Page 4 of 18 City of Federal Way NPDES Phase tI Stormwater Management Program • Surface Water Management will continue to maintain and update a comprehensive website that provides the public with information on the NPDES permit, po!lution prevention, s#orm system maintenance, stewardship opportunities, and much more. Federai Way will participate in a regionai Vehicle Leaks Campaign this spring. Staff wili coordinate on-the-ground vehicle leak detection using speciaNy designed kits provided by a Department of Ecology Grant received by King County. The reusabie deteciion kit is designed to be used by volunteers and plac�d temporarily under vehicles (with owner's permission) to identify potential leaks. The goal of tlie campaign is awareness; studies show that most car owners are u�aware of teaks and are usually willing to repair leaks within 3 mon#hs 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 mobiie carpet cleaners. ECOSS has received a gfant to provide focai business owners with spill kits and information �eiated to Stormwater Best Managemeni Practices and has expressed interested in working with businesses in Federal Way. ECOSS is a nonprofit organization #hat provides education, resources and technicat 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 Wa#ershed Ecosystem Forum and Management Committee, Puget Sound Partnership Ecosystem Coordination Board, STORM, EcoNet, and the South King County Stormwater 4utreach 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 permi# related ac#ivities and programs. • Make the Stormwater Management Program document and Annual Report availalate to the public, inciuding posting on the City's website. 2.2 Planned Activities The City of Federal Way encourages residents and interested parties to pa�ticipate in the decision making processes involving the implementation of the City's Stormwater Management Program (SWMP). Opportunities for public participation in the development of ihe Stormwater Management Program in 2013 will be available through the following venues: Page 5 of l8 City of Federat Way NPDES Phase II Stormwater Management Program . The qua�terly Surface Water Management newsletter, The Waterlog, is used to raise awareness of the Permit requirements, update the public on the deveiopment of the SWMP and solici# 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 A�nual Reports as they become avaiiable. Oppo�tuni#y for pubiic comment and pa�ticipation is provided via e-maii. • The annual public meeting of the developmen#, permitting and zoning stakeholders (i.e. engineers, architects, developers, business owners, utilities and pubiic schooi representativesj is used #o assess the City's permitting process as well as provide updates on NPDES requirements. • An opportunity for participation in the deveiopment of SWMP is avaiiable to City residents through Land Use and Transportation Committee meetings. The committee reviews many of the programmatic and poiicy changes proposed under the SWMP and allows public comment on aN of thei� agenda items. . City Council reviews and approves many of the programmatic and policy changes relateti to the Stormwater Management P�ogram. 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 municipat storm sewer map. • Enforce the City's ordinance which prohibits non-stormwater discharges, spills, illicit connections, and illegal dumping into the storrnwater system. • Publicize a number for public reporting of spills and other illicit discharges and conduct investigations to identify potential violafions. . Conduct field screening for illicit discharges and connections of 40% of the municipa! separate stormwater sewer system by December 31, 2017, and on average, 12% each year thereafter. . Provide training as needed far staff to perform program related activities. 3.2 Planned Activities The City of Federal Way maintains an ac#ive Illicit �ischarge Detection and Elimination program designed to identify and remove prohibited discharges and itticit connections ta the City's stormwa#er system. Page b of 18 City of Federal Way NPDES Phase II Stormwater Management Program • SWM maintains a comprehensive map of its municipal separate storm sewer system which includes aJl known storm sewer outfalls, receiving waters, and municipal structural stormwater Best Managemen# Practices. The map will continue to be updated to �eflect new cunnections and changes based on field verification through SWM's video inspection program in 2U93. . Federai Wa� wi11 continue to en#orce Ordinance 09-699 which effectively prohibits all o# the categories of non-stormwater discharges listed in the Permit and includes escalating enforcemen# procedurss and actions pursuan# to #hose outlined in Federal Way Revised City Code 16.45, 16.50, and 16.55. • SWM staff participated in a foilow up training session in January 209 3. 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 requifed by the end of 2017. The focus wiA be to coardinate the efforts and record keeping of several staff who already conduct field screening as part of SWM's mairrtenance, private inspection, Itlicit 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 iNicit discharges. After normal business hours, the �ublic can �eport stormwater pollution to the city's call service at (800) 400-0749. The report is then be forwarded to on-caA City staff. The phone numbers are publicized on the web, in newsletters, brochures, and many other educational materia�s. 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 cons#n.iction sites. • Review al! stormwater site plans for proposed development activities. • Inspect all permitted development sites prior to clearing and grading, during construction, and upon completion to verifiy proper installation and maintenance of required erosion and sediment controls. . Establish and ensure long-term operatian and maintenance responsibiiities of permanent stormwater control facilities. Page 7 of 18 City of Federal Way NPDES Phase II Stormwater Management Program . Adopt updated stormwater designs s#andards that are equivalent to the Department of Ecology's 2012 Stormwater Management Manuai for Westem Washington by December 31, 2016. • By December 31, 2096 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 Activiries 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 #o better protect our natural wa#erways, the City's current construction si#e run-off pragram exceeds the minimum requirements of #he current Permit in many respects. However, the updated 2013- 2018 permit will require the City to make significan# changes to local development-reiated codes, rules, and s#andards in order to incorporate and require L1D principtes 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 !ow impact development. in 2013 tfie City will continue to implement #he 2009 King County SurFace Water Design Manual as currentiy aUowed in #he permi#. Maintenance s#andards for private stormwater systems are established in Appendix A. For aU construction related projects in the City, pre-construction inspections will be conducted with the contractor to �eview initial erosion control requirements. A minimum of finro follow up erosion control inspections will be conducted by Ci#y inspection staff to ensure erosion controt measures are being implemented and maintained throughout the project. Prior to finat building permit approva! o# single- family, multi-famiiy and commercial construction, a final erosion control inspection witt be conducted. • Covenants are attached to aA new develflpments with stormwater detention and flow control facili#ies at #he time of final approvai. The covenant allows access for inspection and requires long #erm 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 finat approval. The developer is required ta maintain a twa-year maintenance bond to ensure maintenance of these #acilities during the first two years (most aften the heaviest construction period) following final approval. Staff canducts inspections of these facilities during this period to enforce compliance with maintenance standards. The City takes over operation and maintenance of these facili#ies once the bond is released. Records of inspeetions, violations, and enforcement activities are tracked through a database permit tracking sys#em. Page 8 of 18 City of Federal Way NPDES Phase II Stormwater Management Program � Ai! s#�ff responsible for irnpiementing the program to control run-off fram construction sites are #rained to conduc# these activi#ies on an as needed basis. SECTiON 5 POLLUTIQN PREVENTION, OPERATIONS & MAINTENANCE 5.1 Permit Requirements (S5.C.5) • Adopt updated main#enance standards that are as protective, or more protective, as those specified in the 2012 Stormwater Management Manual for Westem Washington by December 31, 209 6. • Perfarm annual inspections o# municipally owned water quality treatment and flow con#roi facilities and take appropriate maintenance actions according to currently adop#ed maintenance standafds. • Inspect facilities for potentiai damage after major storm events. • inspect all catch basins owned by the City once by August 1, 2017 and euery two yea�s thereafter, or implement an alternative approach described in the permit. . Implement prac#iees to �educe stormwater impacts associa#ed with main#enance and operations of City streets, facilities, and prope�ties. . Implement a S#ormwater Pollution Prevention Plan for all heavy equipment maintenance or s#o�age yards owned o� 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 Pianned Activities The City of Federal Way maintains a proactive and effective maintenance program of the City's drainage infrastructure, which incfudes catch basins, pipes, open channels, as well as residential and regional retention/detention facilities. Surface Water maintenance staff witl continue to perform the required annual inspections and activities outlined in the permi# in 2013_ • SWM staff wilf inspect alf known municipally ownect or operated stormwater treatment and flow control facilities. Stormwater retention/detention ponds are currently inspected and maintained twice a year. Maintenance of faci(ities will be condueted consistent with the adopted standards. Page 9 of I 8 City of Federat Way NPDES Phase [I Stormwater Management Program . The maintenance standards found in Appendix A of the 2009 King County Surface Water Design Manual will apply untii the City adopts updated maintenance standards equivalent #o the 2012 manuai (required by December 31, 2016). • Facilities vulnerable to surface water related problems during major s#orm events will be inspected #o ensure the sys#ems are functioning proper�y, and to determine/conduct any rnain#enance or repair needs. • SWM has divided the stormwater infrastructure in the City into seven geographic circuits for the purpose of man�gir�g the inspection and maintenance ofi the City's 12,OOU catch basins. This year, SWM's contracted vactor service will perform main#enance in #he Campus and Lakota circuits. Catch basins in high use areas, such as main arterials, will also be cleaned. • SWM will continue to implemen# a comprehensive Conditional Assessment Program as a tool #o proactively manage the stormwater system to prevent flooding, drainage probiems 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 iliicit connections to the stormwater system). • Staff will implement prac#ices and procedures that prevent stormwater impacts associated with pipe and culvert cleaning, ditch maintenance, street cleaning, road repair, snow and ice con#rol, and mainiaining roadside areas and vegetation. • The S#ormwater Poliution Prevention Pfan for the City's heavy equipment maintenance and storage yard wil! 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 Perrnit Requirements (S8) Provide a descnption of any stormwater monitoring or stormwa#er-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 permi# cycfe. ■ 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 tI Stormwater Management Program nearshore status and #rends monitoring in Puget Sound. The City of Federal Way's cost would be four annual payments of $21,673 (beginning August 15, 2014) #or a total of $86,692 for the 2013-2018 permit term. Option 2 requires the Ci#y to conduct individual monitoring of eigh# small stream locations for wa#er 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 rec}uired to fotiow an Ecology-approved Quality Assurance Project Ptan and data is reported to Ecology. • By December 31, 2013 the City shali 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 9 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 paymen#s of $36,111 (beginning August 15, 2014) for a total of $144,444 for #he 2013-2018 permit term. Option 2 requires the City to conduct stormwa#er discharge monitoring in accordance with Appendix 9 of the 2013-2018 Permit. The City of Federal Way would be required to conduct stormwa#er monitoring at three stormwater discharge locations. Flow monitoring would be required by October 1, 2014 and fuH stormwater discharge monitoring would be required to begin no later than October 1, 2015. The City is required to Identification Information August 15, 2014. 6.2 Planned Acrivities pay into a collective fund to imptement the RSMP Source Repository. The City must pay $3,349 annually beginning Surface Wa#er 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 af Federat Way chooses to perform by the end of 2013. . Surface Water Management and City staff will evaivate the two options far 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 L 1 of 18 City of Federa[ Way NPDES Phase II Stormwater Management Program CALENDAR OF NPDES PERMIT RELATED ACTNITIES 2013-2018 The timeline below provides an overview of the major activities and deadlines for implementing current and upcoming perrr�it requirements. . � � \; � �, c 't �� 4 �� d � .� � � ,. � ,� . �y°� r'�� 3r � _ ' :. -fv �,w�. 't • c _ � �� . �. +� ��'�{7 � �, t� �� a ., � '3=' � A.�� "� A *�'�� r��°,..w x,s�. �A1'*s.�' : { ,� ; a ��'S� �� r Continue to irack By March 31: A Stonnwater costs and permit Include Management related activities. description of Plan internal Update the SWMP coordination in annually. annuai repo�t. By February _ Contir�ue public 2: Use C.t Public education program Measure change in measure of Edircatio� � and ereate behavior for 1 target behavior Outreach stewardship audience. change to oPpottunities. improve program. Continue to provide opportunities for the public to participate in SWMP decision-making. C.2 Public Post online annual reports and SWMP Plan for previous calendar year by March 31 �` of each Involvement year. Continue By Feb 2: implernenting Update C.31Nicit By Dec 31: lDDE program. ordinance if Discharge Field screen Provide municipai o needed. Detection & staff training. at least 40 /o Eiimination Maintain map of of MS4. Field scr�een MS4, ' 12% of MS4. By Dec 31: Update Con6nue to City code to implement revised By March 31. C.4.a-f Control program Appendix 1 Submit a Achieve at Runoff from addressing standards. summary of least 80% of Development construc6on/post- Revise the review & scheduled construction devetopment revision of inspections. ��ff codes to City codes. make LID the preferred approach. By Dec 31: By August 1: C.5 Municipal Update Continue MS4 inspect all Pollution maintenance and maintenance �teh basins Pceventian, �nspections and' standards to or document Operation � revised p€ovidestaff training. altematives if Maintenance manual/cod �� e standards. S8.Q Continue to proqide description in each annual report of stormwater monitoring or stormwater- related studies conducted_ Page I 2 of i 8 City of Federa( Way NPDES Phase fI Stormwater Management Program OptioR 1: By Aug 15 Pay annuai payments to RSMP. By Dec 31: Notify SS.B Status & Ecc�logy which Trends option seiected for Optiort 2• Mo�ai#aring status and trends ' Oct 1: Begin monsto�i�g. By Jufy 31 rnonitoring Annuai repartin9 Pe� E�b9Y aPProued Begin ' marine near QRPP. stream shore. ' fYlORltOftlag. Option f: ByAug 1'S Pay annual payments to RSMP_ C. Effectiveness g� � 31: Notify ' Option 2: Monitoring . Ecotogy which c�ption By �eb 2 Oct 9; seiedecf for Submit Stormwater effediveness QAPR to monitoring monitorir�g. Ecolagy. program Annual reporting per Appsndix 9. fully By Oct 1: implemen#e 8egin flow d. monitoring. S8.D Source ID & Diagnostic By Aug;15: Pay annual payments to RSMP. Monitoring Page 13 of I8 City of Federal Way NPDES Phase II Stormwater Management Program DEFINITIONS & ACRONYMS This sect�on includes definitions for terms used in the body of the permit, the SWMP, and the Annual Report. Best Management Practices are the schedufes of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by Ecology that, when used singiy or in combination, prevent or reduce the release of poliutants and other adverse impacts to wa#ers of Washington State. BMP means Best Managemen# 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 Stormwa#er Management Program for Secondary Permittees, S7 Compliance with Total Maximum Daily Load Requirements, or S8 Moni#oring 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 ei.seq). Ecology refers io the Washington State Depart of Ecology. EPA means the U.S. Environmental Protection Agency. Ground wate� means water in a saturated zone ar stratum beneath the surface of the land or below a surface water body. Refer to chapter 973-200 WAC. Heavy equipment maintenance or storage yard means an uncove�ed area where any heavy equipment, such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers are washed or maintained, or where at least five {�isces of heavy eguipment are stored on a long-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, inle#s, or outlets that are connected directly to the MS4. Page l4 of t8 City of Federal Way NPDES Phase II Stormwater Management Program Illicit discharge means any discharge to a MS4 that is no# composed entirely of stormwa#er or of non-stormwa#er discharges allowed as specified in this permit (S5.C.3 and S6.D.3). Impervious surface means a non-vegetated surface area that ei#her prevents or retards the en#ry o# water into the soii mantie as under natural conditions prior #o development. A nonvegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from tfie flow presen# under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or stormwater areas, concrete or asphalt paving, grave! 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 infiltrafion, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices tha# 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 deptM, vegetated roofs, minimum excavation foundations, and water re-use. MS4 means municipal separate s#orm sewer system. Municipal Separate Storm Sewer System means a conveyance, o� 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 (crea#ed 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 o� an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA tha# 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 t 5 of i 8 City of Federai Way NPDES Phase II Stormwater Management Program Nationai Poilutant Discharge Elimination System means the nationat program for issuing, modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 30i, 402, 318, and 405 of the Federat Clean Water Act, for the discttarge 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 Na#ional 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 s#ream or other surface waters and are used ta convey primarily surface waters (i.e. culverts). Permittee uniess otherwise noted, the term "Permittee" includes city, town, or county Permittee, Co-Permittee, New Permittee, Secondary Permittee, and New Secondary Permittee. Physically lnterconnected means that one MS4 is connected to another stoRn sewer system in such a way that i# allows for direct discharges to the second system. For example, the roads with drainage systems and municipal streets o# one entity are physicalty connected directly to a storm sewer system belonging to another enti#y. QAPP means Quality Assurance Project Plan. Qualified Personnel means someone who has had professiona! 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 Pfan 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, an a site that is already substantialty developecf (i.e., has 35% or more of existing hard surface coverage), the creation or addition of hard surfaces; the expansion of a buiiding footprint or addition or replacement of a structure; structural deuelopment including construction, instailation or expansion of a building or other structure; replacement of hard surface tha# is not part of a routine maintenance activity; and land disturbing ac#ivities. Refier to Appendix 1 for a defnition o� hard surfaces. Page i 6 of 18 City of Federal Way NPDES Phase II Stormwater Management Program Regional Stormwater Monitoring Program means, for all of westem Washington, a stormwater-focused moni#aring and assessment program consisting of these componen#s: staius and trends monitoring in small streams and marine nearshore areas, stormwater manac�emen# 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 perrnit tenn, RSMP status and trends monitoring will be conducted in the Puget Sound basin only. Regulated Small Municipal Separate Storm Sevver System means a Municipal Separate Storm Sewer System which is automa#ically designated for indusion in the Phase II stormwater permitting program by i#s location within an Urbanized Area, o� by designation by Ecotogy and is not eligible for a waiver or exemption under S1.C. RSMP means Regional Stormwater Monitoring Program. Runoff is water tMat 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 Identificatian tnformation Repository. Significant contributor means a discharge that contributes a loading of pollutants considered to be sufficient to cause or exacerbate the deterioration of �eceiving wa#er quality or instream habitat condi#ions. Source control BMP means a s#ructure or operation that is iniended to prevent polfutants from coming into contact with stormwater through physical separation of areas or careful management of activi#ies that are sou�ces 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 tha# prevent or reduce pollutants from entering stormwater. See Votume IV of the SWMMWW (2012) for detaiis. Stormwater means runoff during and foilowing precipitation and snowmelt events, including surface runoff, drainage or intertlow. Stormwater Associated with Industria! and Construction Activity means the discharge ftom any conveyance which is used for collecting and conveying stormwater, which is directly refated to manufacturing, processing or raw materials storage areas at an industria! piant, or associated with clearing, grading and/or excavation, and is required to have an NPDES permi# in accordance with 40 CFR 122.26. Stormwater Management Program means a set of actions and activities designed to reduce the discharge of pollutants firom 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 Permii 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 Stormwater Managem�nt Program Stormwater Treatment and Ftow Controi BMPs/Facifities means detention facilities, treatment BMPs/facilities, bioreten#ion, vegetatect roofs, and permeable pavements #hat help meet Appendi�c 1 Minimum Requirements #6 {treatment), #7 (flow controt), or bo#h. SWMMWW means Stormwater Management Manual for Western Washington (2005). SWMP means Stormwater Management Program. Water Quatity Standards means Su�#ace Water 4uality 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 inciudes those waters as defined as "waters of the United States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington S#ate 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 ifie jurisdiction of the Sta#e of Washington. 0 Page i 8 of 18 City of Federal Way NP�ES Phase II Stormwater Management Program COUNCIL MEETING DATE: March 19, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LANDSCAPE BID AWARDS ITEM #: � � POLICY QUESTION: Should the City accept Landscape Services bids and authorize the Mayor to enter into 2 year maintenance agreements with the successful bidders? COMMITTEE: PRHSPS CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: March 12, 2013 ❑ Public Hearing ❑ Other STAFF REPORT BY: Ste hen Ikerd, Parks & Facilities Mana er DEPT: PRCS .........._......_..........�._....._.......__ ...................................._..........._.....�............_....................._............................._..........._..._.........._......................................_.�.........�........$................................................_..._ .__._._...._......._........_.................._..................................._.._._. _._..------...__..._..._. Attachments: March 1'h, 2013 PRHSPS Committee Memo, Bid Tabulation sheet. Options Considered: 1. Authorize bid awards for 2 year Landscape Maintenance Agreements in the amount of $81,149.00 to; Total Landscape Corporation and $16,000.00 to; For the Love of Landscape and authorize the IVlayor to execute said agreements. 2. Do not accept bids for Landscape Maintenance Service and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1; Authorize bid awards for 2 yeaz Landscape Maintenance t�lgreements in the amount of $81,149.00 to; Total Landscape Corporation and $16,000.00 to; For the Love of Landscape and authorize the Mayor to execute said agreements. MAYOR APPROVAL: r G DIRECTOR APPROVAL: _�� Comm� e Cou 1 Committee Council COMMITTEE RECOMMENDATION: I move to forward the bid awards of 2 year Landscape Maintenance Agreements in the amount of $81,149. 00 to; Total Landscape Corporation and $16, 000. 00 to; For the Love of Landscape and authorize the Mayor to execute said agreements to the full Council March 19, 2013 consent agenda for approval. Committee Chair � ! �� Committee Member Member PROPOSED COUNCIL MOTION: "I move approval to award 2 year Landscape Maintenance Agreements in the amount of $81,149.00 to; Total Landscape Corporation and �16,000.00 to; For the Love of Landscape and authorize the Mayor to execute said agreements " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08l12/2010 RESOLUTION # CITY OF . �<: ■ �rr � �Y�/ ■ M � �� Parks and Facilities Division Date: March 1, 2013 To: PRHSPS Council Committee From: Stephen Ikerd, Parks & Facilities Manager Via: Mayor Skip Priest Cary M. Roe, P.E., Director of Parks, Public Works & Emergency Mgmt�� Subject: Landscape Maintenance Service Bids Background: Staff solicited basic landscape maintenance service bids for twenty one (21) City sites, which include; Dumas Bay Centre, FW Community Center and nineteen (19) Parks. Seven (7) companies responded to a Request for Proposals (RFP) advertisement. Bid results are as follows: (See attached bid tabulation sheet) Note: An information meeting was held prior to bidding and attendees were informed that funding had been reduced in the Parks Department and we did not know how many of the sites would fit into the allocated budget until bid results were received. They were also informed that the City reserved the right to split the sites into more than one contract if there was a financial advantage to the City. Dumas Bay Centre would also be bid differently than the other sites with defined routine tasks. DBC was bid on an as needed weekly work order system, based on a 3 person crew rate of 2 hours minimum work per visit. References: Total Landscape is new to the City. References from other municipalities were all very favorable. For the Love of Landscape is new to the City. References from other companies were all good. Contract award recommendations: Total Landscape Corporations; 19 Park sites & Dumas Bay Centre =$81,149.00 total two year contract, which includes $12,000 contingency over the two year period. Parks Division will manage the contract for Park sites. The Centre may elect to manage their own contract for this facility instead of including it within the Park sites. For the Love of Landscape; FW Community Center =$16,000.00 total two year contract, which includes $10,638.80 contingency over the two year period. The Community Center will manage a separate contract for this facility. Budget: The grand total amount of $97,149.00 for all 21 sites is within the 2013-2014 Council approved budgets. These basic landscape services will be funded through three (3) different accounts: Park Operations, Dumas Bay Centre & FW Community Center. CITY OF BID TABULATION SHEET Federal Way Bid Name: Park Landscape Maintenance Bid 1 Bid 2 Bld 3 Bid 4 Bid 5 Bid 6 Bid 7 NLS "Late bid For the Love of Total Landscape Osaka Green Effects Omni Tru Green received 3 minutes Landscape Bid Number: �ate Bid Closing Date &'1'ime: 2/22/13 2:00 PM Bid Opening Date &'Pime: 2/22/13 2:00 PM SO bld 'IS fejeCted Bid Opening Place: Cit Hall Project Manager: Steve Ikerd ITEM DESCRIPTION w/ tax w/ tax w/ tax w/ tax w/ tax w/ tax Adelaide $ 3,823.74 $ 1,533.00 $ 5,326.08 $ 6,374.26 $ 5,224.28 $ 1,697.69 $ 2,585.58 Alderbrook $ 10,091.52 $ 7,358.40 $ 9,318.45 $ 9,499.56 $ 9,456.86 $ 4,668.64 $ 14,688.14 Alderdale $ 7,647.48 $ 1,839.60 $ 6,657.60 $ 6,670.08 $ 5,790.65 $ 3,147.80 $ 6,199.65 Cedar Grove Park $ 6,307.20 $ 1,839.60 $ 3,996.75 $ 5,767.15 $ 4,017.76 $ 3,395.38 $ 2,294.01 Coronado Park $ 3,823.74 $ 1,533.00 $ 3,996.75 $ 5,155.48 $ 3,312.51 $ 2,405.06 $ 2,559.02 Dash Point Hi hlands $ 5,045.76 $ 1,533.00 $ 3,328.80 $ 5,020.25 $ 4,014.50 $ 1,768.43 $ 5,625.92 Dumas Ba Sancuta $ 3,863.16 $ 1,839.60 $ 6,657.60 $ 4,974.48 no bid $ 2,334.32 $ 2,728.28 En lish Gardens $ 6,307.20 $ 2,146.20 $ 5,326.08 $ 4,689.45 $ 5,175.45 $ 1,839.16 $ 1,933.50 Lake Grove $ 5,045.76 $ 1,533.00 $ 6,657.60 $ 7,079.94 $ 3,113.95 $ 1,520.85 $ 2,556.74 Laurelwood $ 8,830.08 $ 2,452.80 $ 7,989.12 $ 9,345.61 $ 7,147.98 $ 4,058.51 $ 5,842.41 Lakota $ 10,091.52 $ 8,584.80 $ 11,319.92 $ 18,470.68 $ 11,348.02 $ 8,583.92 $ 9,148.67 Mirror Lake Park $ 7,568.64 $ 2,452.80 $ 7,989.12 $ 5,274.07 $ 3,464.41 $ 3,447.94 $ 4,081.05 Olympic View Park $ 7,568.64 $ 2,452.80 $ 7,989.12 $ 4,527.17 $ 3,456.81 $ 1,867.63 $ 1,126.76 Palisades Park $ 10,091.51 $ 1,051.20 $ 6,657.60 $ 6,593.54 $ 4,459.35 $ 4,597.25 $ 6,287.48 SW 312th Courts $ 5,045.76 $ 1,226.40 $ 2,660.85 $ 4,855.89 $ 2,183.02 $ 1,580.30 $ 1,662.54 WildwOOd $ 5,361.12 $ 1,839.60 $ 10,654.35 $ 8,987.76 $ 6,315.79 $ 3,627.52 $ 5,122.95 Wedgewood Park $ 6,307.20 $ 1,839.60 $ 5,326.08 $ 3,927.98 $ 4,539.64 $ 4,597.25 $ 1,753.70 Winco Park $ 2,641.14 $ 1,226.40 $ 2,660.85 $ 3,362.09 $ 2,512.86 $ 1,867.63 $ 1,589.67 Sculpture Park $ 3,863.16 $ 1,051.20 $ 1,997.28 $ 4,256.70 no bid $ 2,442.29 $ 1,863.67 sub total for Park sites $ 119, 324. 33 $ 45, 333. 00 $ 116, 510. 00 $ 124, 832.14 $ 85, 533. 84 $ 59, 44 7. 57 $ 79, 649. 74 Hourl rate - Parks $ 39.42 $ 38.33 $ 30.00 $ 38.00 $ 38.50 $ 31.00 $ 30.66 FWCC $ 5,361.20 $ 10,512.00 $ 9,318.45 $ 13,321.44 no bid $ 5,658.98 $ 10,269.64 DUIIIaS CeC1tC'@ - 3 person crew @ 2 hrs $ 262.80 $ 229.95 $ 210.00 $ 264.00 no bid $ 186.00 $ 183.96 Hourl rate - DBC $ 43.80 $ 38.33 $ 35.00 $ 38.00 $ 38.50 $ 31.00 $ 30.66 Bid Notes: Original split bid award shows For the Love of Landscape wins FW Community Center, Total Landscape wins 14 Parks and TruGreen wins 5 Parks and Dumas Bay Centre. However; TruGreen decided to not accept this package and that meant Total Landscape would win all the Parks. Osaka Garden the next lowest bid for DBC also turned down the site, so the next low bid for Dumas Centre is Total Landscape who accepted the site. The results: upon Council approval, Total Landscape will be awareded all the park sites and Dumas Bay Centre. COUNCIL MEETING DATE: March 19, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: PROGRAM YEAR 2012 CDBG CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT POLICY QUESTION: Should the City Council approve the Community Development Block Grant Annual Action Plan for Program Year 2013? COMMITTEE: Parks, Recreation, Human Services & Public Safety CATEGORY: X Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: Marchl2, 2013 ❑ Public Hearing ❑ Other STAFF REPORT BY: Jay Bennett, Community Services Manager DEPT: Community & Economic Develo ment Attachments: 2012 Community Development Block Grant Consolidated Annual Performance and Evaluation Report Background The Consolidated Annual PerFormance and Evaluation Report (CAPER) is a federally required document that provides the jurisdiction an opportunity to evaluate its overall progress in carrying out priorities and specific objectives identified in its five year Consolidated Plan and the Cit�is Annual Action Plan and to describe actions or changes contemplated as a result of its annual performance. The reporting format of the CAPER is very structured and must include a summary of programmatic successes and obstacles accomplished during the program year. The Housing Community Development Act of 1974 requires each Community Development Block Grant�CDBG) grantee to complete a CAPER within 90 days of the completion of its fiscal year, which is by March 31 for the City of Federal Way. During CDBG Program Year 2012, the City spent $183,012 on the following activities through the use of CDBG funds: ➢ Program Administration - $44,774.18 ➢ Public Services - $63,897.60 ➢ Housing Rehabilitation - $33,345.75 ➢ Economic Development - $40,995 Overall, the City has made good progress in fulfilling the strategies outlined in the plan in a timely manner. Grant disbursements were made in a timely manner and the expenditures equaled the disbursements. The Ciry carried forward $316,902.88 (after PY 2012 4th Quarter activities were reimbursed in 1/13) into PY 2013, the majority of which was programmed for use as a part of the PY 2013 Annual Action Plan development, adopted by the City Council on October16, 2012. Lastly, the City must make copies of the CAPER available to its residents and provide a public hearing in order to take comments from interested parties prior to submission of the CAPER to HUD. This was accomplished by advertising availability of the document in the City's Newspaper of Record, posting on the Citys website and at the library. A Public Hearing was advertised and held during the February 25th Human Services Commission meeting. To date, no public comments have been received regarding the PY 2012 CAPER. Options: 1. Approve the Program Year 2012 CDBG CAPER. 2. Direct staff to make changes to the 2012 CDBG CAPER. MAYOR'S RECOMMENDATION: Option 1 1�Y"� MAYOR APPROVAL: 1�I�� ,�/%%%�,.Qj`J DIItECTOR APPROVAL: _�� (� Commm e �% ounc ommittee Council COMMITTEE RECOMMENDATION: I move to forward the Program Year 2012 Community Development Block Grant Consolidated Annual Performance and Evaluation Report to the March �12," 2013 consent agenda for approvad. �� Committee Chair Committee Member PROPOSED COUNCIL MOTION: "I m� approval of the Program Year 2012 Community Development Block Grant Consolidated Annual Performance and Evaluation Report. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # � DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Ensctment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # r' , a CITY OF � e era a Community Development Block Grant Program Consolidated Annual Performance and Evaluation Report (CAPER) First CDBG Program Year January 1— December 31, 2012 � � �� .� �, �� , The City of Federal Way's 2012 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) was produced by the Community Services Division of the Community and Economic Development Department. For more information on the report contact: Si necesita esta informacion en espanol, Ilame a: Jay D. Bennett, Community Services Manager City of Federal Way Community and Economic Development Department 33325 8th Avenue South Federal Way, Washington 98003 (253) 835-2650 jay.bennett@cityoffederalway.com �� h �" � � (=�f- . Q � 'r % 4 f� `� I �:. �� I ' -Y ��lil*v� y � _ r, � � r u <"`. �.�� 04 V FIRST PROGRAM YEAR CAPER �� E v, � �. A report on the first-year results of Federal Way's 2012-2016 Consolidated Plan for Community and Economic Development. Activities include increasing and maintaining affordable housing; supporting public services; assisting vulnerable special needs individuals and families, and encouraging economic development. EXECUTIVE SUMMARY The City of Federal Way is an entitlement jurisdiction and is eligible to receive federal Community Development Block Grant (CDBG) funds directly and HOME funds through the King County HOME Consortium. The City is directly responsible for the planning, administration, and execution of projects funded with CDBG monies. Federal Way does not receive any Emergency Shelter Grant or HOPWA funds. The FY2012 Consolidated Annual Performance and Evaluation Report (CAPER) describes Federal Way's program accomplishments for the period beginning January 1, 2012 through December 31, 2012. The Program is funded solely by an annual entitlement allocation of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing & Urban Development. In 2012, the City impiemented the first year of its CDBG Consolidated Plan. The plan guides the program for a five-year period ending December 2016. The plan was developed through a series of public meetings, public hearings and the work of the program's citizen oversight group, the Human Services Commission. In this inaugural year, highlights of Federal Way's activities included a range of Public Service activities such as classes for new English language learners, youth recreation & programming and therapeutic recreation for persons with disabilities. Additionally, CDBG funds provided technical assistance to Federal Way microenterprise start-up and small business expansion efforts. The Emergency Housing Repair program is of particular importance. Lastly, the City staff laid the foundation in the form of program policies, procedures and marketing for a Commercial Loan and Commercial Exterior Improvement program that will provide economic opportunities for low- and moderate- income Federal Way residents over the next several years. During the program year January 1 through December 31, 2012 the program expended a total of $183,013 from the total CDBG Entitlement Grant of $576,450. A draft of this report was made available for public review and comment for a 20-day period beginning February 8, 2013. The availability of the report was publicly advertised consistent with the provisions of Federal Way's Consolidated Plan Citizen Participation Plan. The draft was available to the public on the City's web site and in print form at the City Clerk and the Mayor's offices GENERAL RESOURCES AND EVALUATION OF GOALS AND OBJECTIVES As a first year entitlement community, the City of Federal Way's CDBG program used the HUD entitlement allocation as the sole source of funding the program in 2012The following resources were available to activities and projects during the 2012 program year. RESOURCES Carry Forward $ � 2013 HUD Entitlement Grant $ 576,450 Program Income $ � Total CDBG Resources $ 576,450 OTHER POTENTIAL RESOUCES Section 108 (under consideration) $ 0 HOME* $ 0 Emergency Solutions Grant* $ 0 Total Resources *King County resources; amounts for projects in Federal Wav unknown 1. Assessment of the One-Year Goals and Objectives Goal- Program Administration The City budgeted $115,290 of 2012 CDBG funds, and used $74,471.64, for program administration and CDBG staff salary, which included subrecipient oversight, completion of the required HUD reports and information-gathering regarding fair housing activities in the community. Activity is complete. Goal- Provide Decent Affordable Housing Action — Funding of housing rehabilitation activities Accomplishments: Federal Way Emergency Housing Rehabilitation & Replacement Program Funded Amount: $150,000 Funds Expended: $33,346 Projects Completed: 7 Goal — Provide a Safety Net of Services to Stabilize Households In Crisis or At Risk Action — Funding for three (3) Public Services activities. 1) Health Services Funded Amount: $10,027 Funds Expended: $ 7,520.25 (does not include 4`h Q billing paid in 2013) Unduplicated Clients Served: 27 HealthPoint Dental Access — Provides comprehensive dental services for low-income Federal Way residents. 2) Food and Essential Services Funded Amount: $ 8,002 Funds Expended: $ 5,178 (does not include 4th Q billing paid in 2013) Unduplicated Clienis Served: 306 Multi-Service Center Emeraencv Feedin� Pro�ram - The Multi-Service Center Food Bank will distribute food that addresses the special dietary needs of adults, infants and children in emergency hunger situations and provide diapers and formula to families with children in need. 3) Familv Counselin� Services Funded Amount: $15,078 Funds Expended: $15,078 Unduplicated Clients Served: 32 Institute Familv Develoqment PACT - therapists provide in-home services to low- and moderate-income, at-risk families including counseling, skill-building, and assistance to access the community support system and resources with the goal of improving family function and child well-being. Goal — Provide services to households to help them on the path toward self-sufficiency Action — Funding for three (3) Public Services Activities 1) Job Trainin� Services Funded Amount: $15,709 Funds Expended: $7,886.67 (does not include Q3 & Q4 billing paid in 2013) Unduplicated Clients Served: 20 ORION Rehabilitation Services — Orion Industries has provided job assessments, education, skills training, career exploration, employment placement assistances and post-placement follow-up to Federal Way residents with disabilities and other barriers to employment. 2) Senior and Disabled Adult Services Funded Amount: $14,842 Funds Expended: $11,131.50 Unduplicated Clients Served: 10 Federal Wav Senior Center Adult Dav Care — Adult Day Care services for low- and moderate- income senior citizens experiencing dementia, Alzheimer's disease or other disabling conditions. Provide specialized activities for cognitively-impaired individuals to promote their well-being. 3) Services/Activities for Disabled Persons Funded Amount: $22,807 Funds Expended: $17,103 (does not include Q4 billing paid in 2013) Unduplicated Clients Served: 104 Federal Wav Inclusion Pro�ram — CDBG funds pay for .5 FTE for a Recreation Coordinator to provide social activities/services for adults with developmental disabilities, including classes, life skills training, participatory events, trips and other activities conducted with community partners. Goaf — Further Economic Development Action — Create opportunities for Federal Way residents to choose self-employment as an option, ofFer assistance to local business needing technical support. Accomplishments: i) Hiahline Communiri Collese Start Zone Pro�ram The City provided CDBG funds for technical assistance for FW residents interested in developing a microenterprise startup business. Funded Amount: $ 50,000 Funds Expended: $24,248.65 (does not include 4th Q billing paid in 2013) 2) Hi�hline Communitv Colleae Small Business Development Center The City provided CDBG funds for technical assistance for FW businesses needing technical assistance. Funded Amount: $ 22,620 Funds Expended: $16,746.64 (does not include 4th Q billing paid in 2013) 3) Citv of Federal Wav Commercial Loan Proarams The City provided CDBG funds for Microenterprise and Small Business loans, ranging from $5,000 to $75,000 with variable terms. The City established the program's infrastructure and began marketing the program in 2012. Funded Amount: $ 300,000 Funds Expended: $ 0 PY 2012 was the City's first as an entitlement community. Developing systems, economic opportunity program policies and procedures, along with contracts/forms and marketing required a significant amount of staff time investment which delayed investment results. 4) Citv of Federal Wav Commercial Exterior Imqrovement Pro¢ram CDBG funds are available for commercial business in the City that needs exterior facade improvements. The City established the program's infrastructure and began marketing the program in 2012. Funded Amount: $100,000 Funds Expended: $ 0 PY 2012 was the City's first as an entitlement community. Developing systems, economic opportunity program policies and procedures, along with contracts/forms and marketing required a significant amount of staff time investment which delayed investment results. • The 2012 - 2016 Consolidated Plan identifies the City of Federal Way's 5-year plan to address community development objectives. A summary of the Consolidated Plan's 5-year goals and the 1-year projected accomplishments compared with the actual 2012 accomplishments are summarized in Appendix A, located at the end of this report. 2. Program change as a result of experience Being a first-year program, learning from experience is a critical component of the program. Creating a program from the ground up provided the opportunity to immediately recognize and implement needed revisions to administrative policies and practices. This included delivering both the housing repair and economic development activities during this first program year. City staff and the City Council have been aware of the difficult funding and policy decisions at a time of limited resources caused by diminishing revenues for allocation. The City continued to fund programs that ensure the availability of resources for people of all income levels. 3. Affirmatively Furthering Fair Housing The City completed its Analysis of Impediments to Fair Housing. The Analysis was made available for public review, presented to the Human Services Commission for their review and is currently in use in all aspects of planning involving City staff. The City continued to respond to fair housing complaints and increased fair housing education efforts through its website and continued to evaluate the need for additional fair housing education and enforcement activities. The efforts of the City's Human Services and Diversity Commissions are ongoing. The duties of the Diversity Commission are to foster mutual understanding and respect among all ethnic, racial and religious groups; to discourage and prevent discrimination against any such group, or discrimination due to gender, age, handicap, or familial status; and to cooperate with federal, state and municipal agencies and non-governmental organizations with the purpose of effectuating its aims. The primary goals of the Diversity Commission are: ➢ Helping the community appreciate its diversity, and � Fostering improved relations The City staff did not receive any Fair Housing-related complaints in 2012 and, therefore, did not provide any referrals to the Department of Housing and Urban Development or other appropriate agencies when complaints are found to have basis in fact. 4. Actions to Address Obstacles to Meet Underserved Needs Obstacles to meeting underserved needs identified in the City's Five Year Consolidated Plan and targeted in its 2012 Action Plan can generally be described as: 1) Diminishing funding resources, and 2) Effectively and efficiently delivering needs-based programs in balance with other community priorities and needs. The availability of housing and community service dollars continues to be an issue, as it is for all funding levels–federal, state, and local; public and private; for-profit and non-profit. Additionally, the effectiveness of using the limited federal dollars that are available to meet underserved needs has been further reduced by cuts in social service funding at the state level, and an increase in the level of individual needs as a result of continued economic challenges. City efforts toward meeting underserved needs in 2012 were to provide direct financial assistance for the activities identified as priority during the consolidated planning process. The City worked to build community capacity toward the satisfaction of underserved needs through the following efforts: • Housing - Continued to implement the Neighborhood Stabilization Program to mitigate the impacts of the mortgage-foreclosure crisis throughout the Greater West Way Neighborhood in Federal Way. • Economic Development – Directed funding to Highline Community College for delivery of technical assistance to Federal Way residents and small businesses interested in starting or expanding their business. The City also assisted the Multi-Service Center's workforce training to unemployed and underemployed individuals. • Homelessness—The City continued its efforts in meeting the underserved needs of the homeless population through participation in the Greater Seattle/King County Continuum of Care process. Additionally, the City allocated funding (through its General Fund monies) to the Reach Out homeless shelters and other Emergency Assistance Programs that allowed Federal Way residents to either stay in their homes or in a safe, warm winter shelter bed. • Supportive Services--The City continued its support of applications by public and private social service agencies to expand support services to help meet underserved needs. The City provided CDBG funding for a variety of public service activities (see above) to create or expand services that target underserved needs within the community. 5. Leveraging Resources Total Funds Leveraged - $1,339,748 Agency CDBG Funds Invested Other Funds Leveraged Inst. for Family Development PACT $15,078 $14,243 Health Point Dental Access $10,027 $15,900 FW Inclusion Program $22,8�7 $2�.949 Highline CC — Start Zone & SBDC $72,620 $154,780 Multi-Service Center $8,002 $251,733 ORION Industries $15,709 $875,143 There are no "matching requirements" that the City must satisfy for the CDBG program. Match is required for the HOME program. The City is not a standalone HOME Participating Jurisdiction. 6. Persons Assisted SUMMARY OF HOUSEHOLDS/PERSON ASSISTED 2012 PROGRAM YEAR RACE CATEGORIES Nat COMMUNITY Amer Hawaii/ Other ETHNICITY DEVELOPMENT African Indian/Alask Pac Multi- ACTIVITIES PERSONS White American Asian Nat Islander cultural Latino Housing Repair 15 8 7 0 0 0 0 0 Program Non Housing - 500 334 71 12 28 16 39 129 Public Services Economic 33 22 4 5 0 0 2 3 Development Non Housing - �j�q N�A Public Facilities 7. Managing the Process As outlined in the 5-year Consolidated Plan and 2012 Annual Action Plan, the Federal Way Community Services Division of the Community and Economic Development Department is the lead agent for the implementation of the CDBG program. The Office coordinates the effort with the Human Services Commission composed of representatives appointed by the City Council. The Council is the City's legislative body and holds ultimate authority over the program's operation. Finance W I�ccounting/ Procurement Office of the ��layor Community & Economic Development I � Director � � Community Services �' :�fanager A i ;� � �i a� CllBG Specialist CERF Staff inember Legal � City �ttorney The hiring of a Community Services Manager was completed by the end of the first quarter of the program year. The City issued Notice of Funds Available for both CDBG Public Services and Capital (CERF) activities and selected projects for funding. The selected projects were evaluated and deemed appropriate and underwritten in accordance with standard practices. The comprehensive process included public hearing, posting of documents on the City's website, and meetings with Community Stakeholders. The selection of projects and activities to receive funding followed the plan and process outlined in the 2012 Annual Action Plan and the newly created CDBG Program Policies and Procedures manual. All projects and activities address one of three primary objectives: Suitable living environments; decent housing; and economic opportunity. All projects and activities address one of three outcomes: Improve availability/accessibility; improve affordability; and improve sustainability. 8. Citizen Participation/Comments The CAPER's Notice of Public Comment Period was advertised in the City's Newspaper of Record, on the City's web site, and at the Federal Way Branch of the King County Public Library. Citizen comments and suggestions were encouraged regarding development of the PY 2012 CAPER to the City at any time during the Comment period ending Thursday, February 28, 2013 via the telephone, letters, or through the use of e-mail. No comments were received. 9. Institutional Structure The Federal Way CDBG program is only in its first program year. While some modest changes have already been made to the program's activities, funding application and review processes, no significant changes have been made or proposed to the program's institutional structure. MONITORING a) Frequency of Monitoring Monitoring of CDBG projects and activities was conducted on a frequent basis throughout 2012. The Emergency Housing Repair Program monitored each and every project during the program year. Every project file was thoroughly examined. Individual project sites were visited at the scope development phase and during various phases of construction. Seven (7) projects were reviewed at initial inspection, during construction and upon completion. The Public Services activities were monitored on a quarterly basis. Reports were reviewed to ensure contract targets were being met, collect demographic information and review appropriateness of expenditures. City staff performed on site monitoring of three CDBG programs. While no specific violations were noted, the City did follow up in writing noting several program concerns. b) Monitoring Results The City hired a consultant to perform a program monitoring in 2012. The results of the monitoring revealed that programs and activities are being appropriately implemented. Improvements suggested were for wider implementation of the public information process and containment of sensitive records within the City's filing systems. The consultant cited exceptional work in conducting environmental review, documentation of decision-making processes and established program policies and procedures. c) Self-Evaluation In its first year the City's CDBG program has launched three projects that�address community needs. As stated, in its first program year, the City has completed seven housing rehabilitation projects. This has brought significant and lasting improvement in the living environments of these low/moderate income households, as well as improvement and stabilization of the surrounding neighborhood. The CDBG program initiated and engaged in economic development activities in its first program year. Over ninety persons received technical assistance in evaluating self-employment as a viable option to increase their income. Most activities are operating on schedule, subject to factors such as quali�ed small businesses, matching funds, and sub recipient capacity. Securing eligible Federal Way businesses for investment of Commercial Loan and Exterior Improvement program proceeds is slower because of the considerable amount of time it took to create the program platforms. Grant funds were disbursed according to agreements made for each activity according to performance and expenditures. Actual expenditures reconcile with letter of credit disbursements, shown by documentation submitted for reimbursement. LEAD-BASED PAINT All housing rehabilitation projects complied with the lead based paint requirements. As appropriate, City staff provided information concerning lead hazards to our project beneficiaries. HOUSING HOUSING NEEDS 1) Specific Housing Objective: Support homeownership, focusing on programs that assist homeowners to retain and maintain their homes, and offer new homeowner opportunities. a. Evaluate progress in meeting specific objective of providing affordable housing. Within the dates of the January 1 to December 31, 2012 program year: Seven single-unit emergency housing rehabilitation projects were completed. The projected unit goal was nine; therefore 78% of the projected goal was achieved. b. Evaluate progress in providing affordable housing that meets the Section 215 definition. The program did not assist in the construction of new rental or ownership housing during the grant period. c. Describe efforts to address "worst-case" housing needs and housing needs of persons with disabilities. Worst case housing needs were addressed through the provision of funds to local agencies that provide emergency assistance funding that enables Federal Way single residents and/or families to remain in their homes. The needs of very low-income elderly and disabled households in substandard housing are being addressed in particular with assistance through our Housing Repair Program. Repairs addressing safety and health needs were met through contracted labor. One project was completed during the program year to meet this type of worst case need. PUBLIC HOUSING STRATEGY No actions were taken by the program relative to Public Housing in 2012. BARRIERS TO AFFORDABLE HOUSING Federal Way devoted a significant amount of its limited CDBG funds in 2012 to housing program activities, primarily housing rehabilitation. As noted earlier, the City spent $25,574 on its housing repair program. In addition, the City spent $603,786 of City and Neighborhood Stabilization Program (NSP-3) dollars on housing rehabilitation in the Greater West Way neighborhood. All of these funds contribute to making housing available and affordable to persons of low or moderate income. Federal Way's 2012-2016 Consolidated Plan and recently completed Analysis of Impediments (AI) includes a discussion of issues that continue to constitute barriers to affordable housing in the City. The City uses education and referral on its website as activities aimed at reducing or eliminating barriers to fair housing for lower-income persons wishing to reside in the City. While the City's 2012 AAP did not contain a specific allocation of funds to fair housing activities, the city spent approximately $1,500 in Administrative funds implementing recommendations in the AI. The preservation and improvement of affordable housing in low-income neighborhoods is a long-term goal of the City. Achievement of this goal was front and center in the development and marketing of its CDBG Housing Repair Program. HOME/AMERICAN DREAM DOWN PAYMENT INITIATIVE (ADDI) Not applicable to the City of Federal Way's CDBG Program. HOMELESS HOMELESS NEEDS AND PREVENTION The City of Federal Way provided $86,438 to support local programs like the REACH OUT Shelter and agencies such as Catholic Community Services, Federal Way Community Care Giving Network and St. Vincent DePaul's Emergency programs that support individuals on the verge of becoming homeless. The City supported the Multi-service Center and FUSION Transitional Housing programs, both of which implement an intensive Case Management Services Program for people on the verge of homelessness and homeless persons within our community. These programs assisted 44 households with a total of 40 adults and 24 minor children. Federal Way is not unlike any other medium-sized city with its share of homeless individuals and families. In response to the needs of this fragile population the City provided funds to assist homeless shelters for emergency or transitional housing, and women faced with domestic violence in their lives. The City also helped promote awareness of the needs of this population by actively supporting, both publicly and privately, the efforts to raise funds and gather resources for these organizations. The City of Federal Way participates in the Greater Seattle/King County Continuum of Care. The City did not receive direct funding from the Homeless Super NOFA. EMERGENCY SHELTER GRANTS (ESG) The City does not receive ESG funds. COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT 1) Relationship of CDBG Funds to Goals and Objectives The City's 2012 program focused on addressing the highest priority needs as identified in the Consolidated Plan — economic development, housing rehabilitation and public service needs. This is evidenced by the activities undertaken: a housing rehabilitation program; small business and microenterprise loan programs; commercial exterior improvement program; technical assistance to microenterprise and small businesses; health and emergency services and direct assistance to presumed benefit clientele. Progress was made in achieving the 2012-2016 strategies and the 2012 one-year goals and objectives during the reporting period. The priority needs of assisting low and moderate income households were met in that households were able to access public services that meet basic needs; projects enabled households to own or occupy their homes affordably, and assisted the community in preventing blighting conditions and support economic development. While significant work remains in achieving the five-year targets in all focus areas, staff believes that the foundation achieved in 2012 of policy development, and community engagement through recruitment and marketing the various CDBG programs, will yield increased performance outcomes in the subsequent years. Please see Appendix A for a comparison of achievements compared to goals for each program. 2. Changes in Program Objectives There were no changes in program objectives in 2012. 3. Assessment of Efforts in Carrying Out Planned Actions The City of Federal Way pursued all available resources outlined in the Consolidated Plan. All proposed activities were either completed within the program year or are substantially planned or underway. The City was not asked for a Certification of Consistency with the Consolidated Plan during the program yea r. During the 2012 program year, the City made every effort to implement the Consolidated Plan in accordance with HUD regulatory requirements and timeliness expectations. 4 Funds Not Used for National Objectives The City used all CDBG funds on activities that met national objectives. 5. Anti-displacement and Relocation — for activities that involve acquisition, rehabilitation or demolition of occupied real property No households were displaced during the implementation of the City's 2012 CDBG program. CDBG provided assistance in completion of seven (7) minor home repair rehabilitation projects. In accordance with the program's guidelines, CDBG assistance on these projects is limited to the funding of minor maintenance and emergency home repair needs on owner-occupied dwellings usually, but not restricted to, roof replacements, furnace replacements, and plumbing and heating repairs. With the limitations in service provided by this program it is not necessary, nor required, for occupants to move from real property, or to move personal property from real property, as a direct result of the CDBG- assisted rehabilitation. Steps taken to eliminate any need for displacement of owner-occupants during rehabilitation include: coordination of construction activities with occupants in order to prevent/minimize interruption of residency or displacement of personal belongings, and requirements for safe work practices to be taken by contractors in order to provide for resident protection from possible construction-related hazards. When required, projects involving potential lead hazards are conducted in accordance with the Lead-Safe Housing Rule. During the 2012 program year, there were no projects completed by this program that involved treatment of lead hazards resulting in the need for displacement or relocation of occupants. 6. Low/Mod Job Activities — for economic development activities There were no economic development activities undertaken that required job creation as a component of the CDBG investment. 7. Low/Mod Limited Clientele Activities — activities not falling within one of the categories of presumed limited clientele low and moderate income benefit . The City requires that income'documentation is maintained by sub recipients for Low/Mod Limited Clientele Activities not satisfying "presumed limited clientele" criteria. 8. Program income received The City did not receive or expend any program income in 2012. 9. Prior period adjustments Not applicable 10. loans and other receivables The City did not make any loans in 2012. 11. Lump sum agreements Not applicable 12. Housing Rehabilitation See information previously presented about our Emergency Housing Repair Program. 13. Neighborhood Revitalization Strategies Not applicable as the City has not applied for a designated NRSA. ANTIPOVERTY STRATEGY The single most important antipoverty activity funded by the City's CDBG program has been the Housing Repair program. Without safe, secure, permanent housing nobody can hope to rise out of poverty. City staff recognizes the role community development funds can play in reducing poverty. A particular focus has been to assist people to gain employment. Providing funding to ORION and to Highline Community College enabled Federal Way residents to access work skills training and technical assistance in obtaining employment and starting and/or expanding a business. The City makes every effort to coordinate implementation of its existing affordable housing program - the Emergency Housing Repair Program, with service agencies involved in providing housing services to populations that are below the poverty line and the very low- and low-income populations. This coordination is designed to provide housing to those persons that are known to be or might be threatened with poverty. NON-HOMELESS SPECIAL NEEDS POPULATION NON-HOMELESS SPECIAL NEEDS No supportive housing development activity to report. In 2012, the non-homeless, special needs population was supported through assistance provided to the community public service agencies previously described. SPECIFIC HOPWA OBJECTIVES Not Applicable OTHER NARRATIVE Not Applicable APPENDICES THE APPENDICIES CONTAIN INFORMATION REGARDING PERFORMANCE ASPECTS OF THE 2012- 2016 FIVE-YEAR AND 2012 CONSOLIDATED PLAN. THE IDIS REPORTS ARE MADE AVAILABLE TO PROVIDE ADDITIONAL DETAIL ON SPECIFIC CONSOLIDATED PLAN PROJECT ACTIVITIES SUCH AS ANNUAL AND CUMULATIVE ACCOMPLISHMENTS, AS WELL AS FINANCIAL INFORMATION REGARDING FUNDING THAT HAS BEEN REQUESTED OF HUD FOR EACH ACTIVITY. SUPPLEMENTAL REPORTS FROM THE HUD IDIS SYSTEM ARE AVAILABLE UPON REQUEST TO THE CITY. THESE INCLUDE CDBG ACTIVITY SUMMARY REPORT, CDBG HOUSING ACTIVITY REPORT, GRANTEE ACTIVITY SUMMARY REPORT, AND ACCOMPLISHMENTS SUMMARY REPORT. APPENDIX A ASSESSMENT BETWEEN CONSOLIDATED PLAN STRATEGIES & ACCOMPLISHMENTS STRATEGY — DECENT HOUSING Strategy & Obj. Target Funds 5— Year Accomplishments (2012-2016) Description of 2012 Project Code population Spent successes & expected 2012 5 yr. Cumulative Current Total All results Goal Prior Yr. Yr. CP Yrs. Support home- Seven unduplicated ownership Households Fedexal Way xesidents by assisting assisted to received housing repair owners to 1.2 maintain �33,346 81 0 7 7 services to help them maintain their housing maintain their homes. homes (repaired). STRATEGY: SUITABLE LIVING ENVIRONMENT Strategy & Obj. Target Funds 5— Year Accomplishments (2012-2016) Description of 2012 Project Code population Spent successes & expected 2012 5 yr. umulative Current Total All results Goal Prior Yr. Yr. CP Yrs. 365 unduplicated Provide a Federal Wa}� residents safety net of Persons received safet�� net services to receiving 642 - services. stabilize 1�2 safety net $27'�� 1770 0 365 365 households services who are in crisis or at risk Improve accessibiliry/ use of e�sring and new cit�� facilities/ Improvements � p � 1.2 serving Ll1 �0 4 0 0 p No facili � ro ects construct neighboxhoods funded in 2012. impxovements support revitalization strate �es Provide 3.1 Pexsons 135 unduplicated services to receiving Federal Wav residents households to self-sufficiency received services to help them services $36,121 2G2-830 0 135 135 help them achieve self- on the path sufficienc�. toward self sufficiency STRATEGY: EXPAND ECONOMIC OPPORTUNITIES Strategy & Obj Target Funds 5— Year Accomplishments (2012-2016) Description of 2012 Successes Project Code Population Expended & expected 2012 5 Yr. Cumulative Current Total results Goal Prior Yr. Yr. All CP Yrs. Encourage Eleven (11) unduplicated Federal the creation Jobs created or and growth 1.1 retained for Ll7 $16,746.64 90 0 11 11 Way jobs created through Start persons Zone and SBDC investment of businesses Encourage L�1-owned the creation businesses 1.2 assisted/L\1 $24,248.65 480 0 109 109 109 FW residents xeceived and growth neighboxhoods technical assistance. of assisted businesses HUD Outcome/Objective Codes Decent Housing Suitable Livin� Environment Economic Opportunity Availability/Accessibility DH-1 SL-1 EO-1 Affordabil DH-2 S L-2 EO-2 Sustainabil DH-3 SL- 3 EO -3 APPENDIX B HUD IDIS FORM - PR26 - SUMMARY FINANCIAL REPORT , .`` s �� ; * II�I��II ��..: PART I: SUMMARY OF CDBG RESOURCES O�ce of Community Planning and Development U.S. Department of Housing and Urban Development Integrated Disbursement and Information System PR26 - CDBG Financial Summary Report Program Year 2012 Federal Way , WA Ol UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT 03 SURPLUS URBAN RENEWAL 04 SECTION 108 GUARANTEED LOAN FUNDS 05 CURRENT YEAR PROGRAM INCOME O5a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 06 RETURNS 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE 08 TOTAL AVAILABLE (SUM, LINES 01-07) PART II: SUMMARY OF CDBG EXPENDITURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUB]ECT TO LOW/MOD BENEFIT 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES 15 TOTAL EXPENDITURES (SUM, LINES 11-14) 16 UNEXPENDED BALANCE (LINE 08 - LINE 15) PART III: LOWMOD BENEFIT THIS REPORTING PERIOD 17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING 19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT 21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20) 22 PERCENT LOW/MOD CREDIT (LINE 21/LINE il) LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS 31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 32 ENTITLEMENT GRANT 33 PRIOR YEAR PROGRAM INCOME 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34) 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) PART V: PLANNING AND ADMINISTRATION (PA) CAP 37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT 43 CURRENT YEAR PROGRAM INCOME 44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP 45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44) 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45) DATE: TIME: PAGE: 01-29-13 13:34 0.00 576,450.00 0.00 0.00 0.00 0.00 0.00 0.00 576,450.00 138,238.63 0.00 138,238.63 44,774.18 0.00 0.00 183,012.81 393,437.19 0.00 0.00 132,384.24 0.00 132,384.24 95.77% PY: PY: PY: 0.00 0.00 0.00% 63,897.60 0.00 0.00 0.00 63,897.60 576,450.00 0.00 0.00 576,450.00 11.08% � 44,774.18 � �g� 0.00 0.00 0.00 44,774.18 576,450.00 0.00 0.00 576,450.00 7.77% �;te�`�E= a.� ; � o. f@ � ��i �cz * IlIII��[ ,. - OfFice of Community Planning and Development U.S. Department of Housing and Urban Development Integrated Disbursement and Information System PR26 - CDBG Financial Summary Report Program Year 2012 Federal Way , WA LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 Report returned no data. LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report returned no data. LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 DATE: 01-29-13 TIME: 13:34 PAGE: 2 Plan Year IDIS Project IDIS Activity Voucher Activity Name Matrix National Number Code Objective Drawn Amount 2012 3 19 5465646 HCC StartZone 18C LMCMC $7,036.41 2012 3 19 5465648 HCC StartZone 18C LMCMC $10,328.98 2012 3 19 5493029 HCC StartZone 18C LMCMC $6,883.25 2012 3 20 5465649 HCC Small Business Development Center 18C LMCMC $5,595.11 2012 3 20 5465651 HCC Small Business Development Center 18C LMCMC $5,595.11 2012 3 20 5493027 HCC Small Business Development Center 18C LMCMC $5,556.42 2012 5 13 5490268 Food & Essential Services O5W LMC $5,178.18 2012 6 14 5464781 Senior & Disabled Adult Services OSA LMC $3,710.50 2012 6 14 5464782 Senior & Disabled Adult Services OSA LMC $3,710.50 2012 6 14 5490257 Senior & Disabled Adult Services OSA LMC $3,710.50 2012 7 15 5464756 Family Counseling Services OS LMC $7,975.84 2012 7 15 5464760 Family Counseling Services OS LMC $4,585.47 2012 7 15 5491863 Family Counseling Services 05 LMC $2,516.69 2012 8 16 5464771 Dental Health Services OSM LMC $2,506.75 2012 8 16 5464772 Dental Health Services 05M LMC $2,506.75 2012 8 16 5490262 Dental Health Services OSM LMC $2,506.75 2012 9 17 5472206 Job Training Services O5B LMC $3,141.80 2012 9 17 5472207 Job Training Services 056 LMC $4,744.87 2012 10 18 5464779 Services/Activities for Disabled Persons O56 LMC $5,701.00 2012 10 18 5464780 Services/Activities for Disabled Persons O5B LMC $5,701.00 2012 10 18 5492474 Services/Activities for Disabled Persons 056 LMC $5,701.00 2012 11 21 5494929 Harvey - 12-011A 14A LMH $3,193.90 2012 11 22 5499138 Marvel - 12-006 14A LMH $4,259.55 2012 11 24 5509582 Mendoza Law Center 14H LMH $1,917.50 2012 11 26 5509612 Plev 12-015 14A LMH $3,969.38 2012 11 27 5510226 Johnson - 12-013 14A LMH $4,872.75 2012 11 28 5510323 Howard - 12-010A/C 14A LMH $4,991.42 2012 11 29 5511892 King - 12-001 14A LMH $2,398.68 2012 11 30 5512084 Claxton - 12-004A 14A LMH $1,888.18 Total $132,384.24 COUNCIL MEETING DATE: March 19, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: � �. SUBJECT: 2013 COMMUNITY ENHANCEMENT GRANT ALLOCATIONS POLICY QLJESTION: How should the 2013 Community Enhancement Grant funding be allocated? COMMITTEE: Parks, Recreation, Huxnan Services & Public Safety CATEGORY: Consent ❑ Ordinance MEETING DATE: March 12, 2012 ❑ Public Hearing � City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Dee Dee Catalano DErr: Community 8c Economic �__ Develo�ment Services Attachments: HSC 2013 Community Enhancement Grants recommendations matrix. Background: The Comxnunity Enhancement agencies, community groups or Way residents. The grants are $20,000 to fund the 2013 CEGs. Grants (CEGs) are small grants ($500-$1500) intended to help non-profit school-based organizations with small projects or events that benefit Federal iot intended for basic operations or fundraising. The City Council budgeted Thirty-five applications were received, totaling $46,748 in requested funds. Human Services Commissioners reviewed and rated the applications and made fmal funding recommendations at a special meeting on March 4, 2013. The Commission recommends funding nineteen grants for a total of $20,000, as outlined in the attached matrix. Options Considered: 1. Approve the Human Services Commission's recommended funding for the 2013 Community Enhancement Grants. 2. Provide staff with alternate direction for Community Enhancement Grant funding. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: ' Co e DIRECTOR APPROVAL: cou�it COMMITTEE RECOMMENDATION: I move to forward the � ' ' 2013 Community Enhancement Grants to the March 19, 2013 cea�s,e�t agenda fer� �: wi-N^ou.t reeorr�mdl�-fion. b+�srruss C�� ` Committee Chair Committee Me er Co 'ttee Member PROPOSED COUNCIL MOTION: "I move to approve the Human Services Commission's funding recommendations for the 2013 Community Enhancement Grants. " (BELOW TD BE COMPLETED BY CTIY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — O8/12/2010 RESOLUTION # Community Enhancement Grants 2013 un ing Organization Funded in Average Amount Recommendation Or anization Brief Description 2012? Score Requested 03/04/13 FUSION Additional Su port to Families Yes - different pro ect 29 $1,500 $1,125 Habitat for Humanit Dad & Me Communit Cleanup Da Yes - same pro ect 29 $1,500 $1,125 Communities in Schools Various school pro'ects Yes - different pro'ects 28 $1,500 $1,125 FW Communit Gardens Fresh Produce for Low-Income residents No 28 $1,500 $1,125 St. Luke's Operation Blessin No 27 $1,500 $1,125 Bo s& Girls Club of FW STEM Activities, Classes & Camps No 27 $1,500 $1,125 FWPS/Americor s Summer Enrichment Pro rams No 27 $1,500 $1,125 Li ht of Christ Communit Garden Yes - same 27 $1,500 $1,125 Adelaide Elementa School En ineerin Ex erience Yes - Science Pro ram 27 $1,400 $1,025 Northwest Foursquare Church Summerfest/Grad Gifts/Westwa Kids Yes - same pro'ects 26 $1,500 $1,125 Historical Societ of Federal Wa Veteran's Da Observation Yes - same pro'ect 26 $1,000 $800 Multi-Service Center Summer Meals Pro ram No 26 $1,500 $1,125 Enterprise Elementa Plantin Da at Communit Garden No 25 $638 $600 Advancin Leadership Scholarships for Advancin Leadership Yes - same 24 $1,500 $1,125 Thomas Jefferson Raider Parent Track Shoes for Low-Income Students Yes - same pro'ect 24 $1,500 $1,125 FW S mphon Outreach Pro ram Yes - different ro ram 23 $1,500 $1,125 CCRADV Assist DV Victims & Families Yes - same 23 $1,500 $1,125 FW Farmers Market pro ram No 23 $1,500 $1,125 Sherwood Forest Elementa Multi-Cultural Showcase Yes - same pro ram 23 $1,000 $700 FW Lions Club Foundation Easter E Hunt at Steel Lake Park No 22 $150 $0 Kiwanis Salmon Bake No 22 $1,500 $0 FW Chorale "Adopt a Musician" for Sprin concert No 21 $1,500 $0 Thomas Jefferson Raider Parent "IB Skills: A Practical Guide to ATL" es - different IB cours 21 $1,500 $0 Todd Beamer Hi h School Public Exhibition S ace/Framin Supplies Yes - different pro ect 21 $1,000 $0 FW Youth S m hon Orchestra Trans ortation for Communit Concerts No 20 $1,500 $0 Korean School of Federal Wa Children's Da Celebration No 20 $1,500 $0 Panther Lake Elementa PTA School Grounds Cleanup/Tail ate Part No 20 $1,000 $0 VCCC Mental Health First Aid No 20 $1,500 $0 Parklane Estates Homeowners Assoc. Clean u& improve common area No 19 $1,500 $0 FW Korean American Assoc. Collaboration between Korean or s. No 19 $1,500 $0 American Cancer Societ Rela for Life No 18 $1,500 $0 New Connections Re-Licensin & Basic Assistance No 18 $1,500 $0 Friends for Cancer Cure Rela for Life Crab Feed No 17 $1,500 $0 Thomas Jefferson ECEAP Steel Lake for ECEAP Celebration No 16 $60 $0 Park Pals Rain Shelter at Do Park No 16 $1,500 $0 runding Avanaaie: ��u,uuu $as,748 $zo,ouo COUNCIL MEETING DATE: March 19, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: lD � SUBJECT: SUMMARY OF STRATEGIC PLANNING RETREAT POLICY QUESTION: Should the City Council approve the Summary of the Strategic Planning Retreat held on Ivlarch 9, 2013? COMMITTEE: N/A CATEGORY: ❑ Consent � City Council Business ■ ■ Ordinance Resolution MEETING DATE: '❑ Public Hearing ❑ Other STAFF REPORT BY: Jim Reid Falconer Grou __ __ __ DEPT: Facilitator _....._.._........_..—___.._.._..._..._..........---..._._........__._.. —.__' _ __........._._..........._..._...._ � __...-- ----..._............_..._...---- ----_ ___..._...._.__..__.._._ � Attachments: Summary of Council's Strategic Planning Retreat held on March 9, 2413. Options Considered: 1. Approve the Summary of the Council's Strategic Planning Retreat held on March 9, 2013 as presented. Z. Modify the Summary of the Council's Strategic Planning Retreat held on March 9, 2013, and approve as modified. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: Committee COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: r �/ � council �b� Committee Chair Committee Member Committee IViember PROPOSED COUNCIL MOTION: `7 move approval of " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED ls7 reading ❑ TABLED/DEFERRED/NO AC1'ION EnACtment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE q REVISED— O8/12l2010 RESOLUTION # THE FEDERAL WAY GTY COUNCIL'S Strategic Planning Retreat Saturday, 9 March 2013 9:00 a.m. - 4:00 p.m. Courtyard Marriott Hotel 319IO Gateway Center Bivd. S, Federal Way SUMM;ARY of the Meeting's Key Discussion, Decisions and Agreements 15 March 2013, Edition 3 :F,xEeo�rtvE Sorn�Y At its 2013 Annual Strategic Planning retreat the Federal Way City Councilmembers agreed that: They will decide at a Council meeting in the near future whether the City should: a) fund the schematic design of the proposed Performing Arts and Conference Center (PACC), and then use it to solicit public comments and reactions on whether to move forward with the next phase through a statistically valid survey and/or community forums; or b) engage citizens through the statistically valid survey and/or community forums before funding the schematic design to gauge the level of community support for the PACC. Z. The four-acre AMC Theatre property should be developed as roughly 50% park and 5096 multi-level, multi-use urban development. Regarding the park, the Council expressed a preference for the "hardscape" options so that the space can be used throughout the year. Regarding the development, the Council favors a mix of commercial and residentia� uses, with mid-rise buildings not to exceed the number of stories allowable with wood-framed construction. Councilmembers also suggested the development should not block the view of Mt. Rainer from the PACC, if it is built. 3. The Mayor's Office and Community and Economic Development Department should work with the developer who expressed interest in developing the commercial-residential half the AMC site. The Mayor's Office should provide regular updates to the Council on the process and direction that the developer is intending to go. 4. The City should be "rebranded" with a new "tag line" and marketing strategies. Councilmember Kelly Maloney will serve as a resource on this endeavor. 5. The Council should form an "ad hoc" committee of a handful of citizens with expertise in economic development to meet periodically with representatives of the Council to discuss ideas for expanding economic growth and increasing the number of jobs in Federal Way. The Council also agreed that FEDRAC should provide oversight and support to this group. Councilmembers Dini Duclos, Bob Celski, and Kelly Maloney will serve as the Council's liaisons to the ad hac committee. 6. The City should attract a four-year institution of higher education to locate a branch campus in downtown as a key strategy for achieving the City's vision for downtown. The Council suggested that the City may find it easier to attract a private university than a public one given that by state law the City could work with only Highline Community College and Gentral Washington University. The Council also suggested that a university with programs in aerospace might be attracted to locate a branch campus in downtown Federal Way given the close proximity to The Boeing Company and other aerospace companies. 7. The City Council shoutd host a meeting with the School Board to discuss the City's vision for the future of downtown and the need for the City and School District to work in partnership to achieve it. Co�rca A�rn.vcnrES Mu�o�. I�srs � Pnn� Fo�►n�o �eR PACC The first and longest discussion of the retreat focused on the Performing Arts and Conference Center. Community and Economic Development Director Patrick Doherty briefed the Council on the PACC. Here are a few highlights of Patrick's presentation: • The team of Lorax Fartners, �MN Architects, and Mortenson Construction produced a concept for the PACC, but that concept is not the detailed design that would be needed to attrad public, non-profit, and private funding. � For the PACC to be financially viable in the long-term, the performance hall needs to have between 550 and 700 seats with approximately 14,000 square feet of conference facilities. � It also appears that an adjoining or adjacent hotel would make the project more viable. � The estimated cost of the PACC is $31.75 milfion, which includes $5 million for infrastructure improvernents. • Deducting funding already available, the remaining balance is approximately $15.365 million. � If a fund-raising campaign succeeded in raising funds from a variety of sources, the remaining balance could be anywhere from $2.865 to $9.365 million. ■ The federal government's New Markets Tax Credits Program could help reduce the balance significantly. ■ The cost of producing the more detailed design of the facility will be approximately $950,000. Of that amount, 50% has already been allocated by the City. Additional funds from a variety of public, private, and non-profit sources are also available, including a grant of $120,000 from 4Culture and a potential grant of up to $190,000 from Building for the Arts. Some of those funds could not be used for any other purposes but the design work. � The State's grant of $5 million, which was used to purchase the site upon which the PACC would be built, can only be used for construction of the PACC. If it is not used within ten years, the funding must be returned to the State with interest. � The PACC is intended to be a catalyst for the revitalization of downtown and expected to benefit Federal Way by bringing additional jobs and businesses to downtown that are directly or indirectly related to the Center. Following the presentation, the Council discussed how to proceed. Some Councilmembers expressed concern about the overall cost of the PACC and whether or not the City would be successful obtaining grants to reduce taxpayers' costs. Other Councilmembers expressed confidence that, given the City's track record, grants would be obtained and the New Markets Tax Credits Program could result in significant private and non-profit sector funding for the PACC. The Council carefully considered the question of the timing for authorizing the more detailed design work and providing $950,000 to fund it. Everyone voiced support for engaging the public in discussions about the PACC. Some �ouncilmembers thought it would give the public more to react to and comment on if the design were cornpleted before citizens' opinions were solicited. Other Councilmembers suggested that the level of public support for the PACC should be measured before the design is commissioned. � In response to the concern about the overall costs of the project, Mayor Priest and Patrick stated that the City can tell the team that renders the schematic design to "tighten costs" as much as possible to reduce the estimated $31.75 million cost of the project. Councilmembers agreed that for the PACC to be constructed, the Conference Center would have to be part of the package. Questions about adequate parking were also raised. One possibility is that parking would be partly provided by the hotel. And there were concerns about whether or not the City would need to raise taxes to help fund the PACC. Most Councilmembers indicated they would not raise taxes for this purpose, and some said that the availability of public, private, and non-profit funding sources meant that increasing taxes has not been considered when funding the construction of the PACC was previously discussed. Finally, a Councilmember said that if the City proceeds, teams of Councilmembers and staff should be created to strategically approach potential funders. As a result of the discussion, these appear to be the mutual interests of the Council: 1. Engage the public in conversations about the PACC to gauge the level of public support for it. 2. If the PACC is built, fund it through a variety of revenue sources—public, non-profit, and private—to ensure the entire cost of the facility is not borne by Federal Way taxpayers. 3. If the PACC is built, ensure it is a high quality facility of reasonable cost. 4. Provide sufficient information to citizens, potential funders, and prospective partners so that they and the City can make informed decisions. S. Consider the potential construction of the PACC in the context of the City's vision for the future of both downtown and the AMC Theatre site. Toward the end of the discussion the Gouncil agreed that they will decide at a Council meeting in the near future whether the City should: a) fund the schematic design of the proposed Performing Arts and Conference Center (PACC), and then use it to solicit public comments and reactions on whether to move forward with the next phase through a statistically valid survey and/or community forums; or b) engage citizens through the statistically valid survey and/or community forums before funding the schematic design to gauge the level of community support for the PACC. Coo�ca �nc�s CoHS�NSUS ox Furu� DEVO.o�arr o� n� AMC'l�ar� Srr� The Council then turned its attention to the other four-acre parcel that the City owns in downtown, the former AMC Theatre site. During the past several months, City staff has worked with architects and developers on a concept that includes a two-acre park and two acres of commercial and residential development. The Council quickly reached consensus that this concept should be implemented. The Council favors building a park on half the site, and indicated a preference for more hardscape than grass because of their interest in making the park usable during as much of the year as possible. As Patrick noted, this would make the development more a plaza than a traditionat park. The Council also expressed support for developing the other haif of the site as a mix of commercial and residential development, with a variety of buildings at mid-level heights (two to four stories rather than 3 one story or six), a pedestrian-friendly orientation, parking to accommodate residents, workers, and shoppers, and some water features and natural plantings. The Council agreed that the Administration shoufd continue to talk with the developer who stated an interest in overseeing the design and construction of the two-acre office, retail, and residential development. Therefore, before reaching out to a variety of potential developers or issuing a Request for Qua�ifications (RFQ), the City will continue its dialogue with the individual who has come forward. Coence. A��s ro nHn �s�ESrs ST�n�c�s To �r�rn Eco�nc O�e�ruMre�s After concluding its discussion of the AMC Theatre site, the Council discussed strategies to expand economic opportunity and job growth in Federal Way. These were the major agreements that emerged from the conversation: 1. The City should be "rebranded" with a new "tag line" and marketing strategies. The Councilmembers favor replacing the current tag line, "Federal Way, IYs All Within Reach." While some stated that a new logo may not be needed, they are all interested in new marketing strategies, techniques, and tools. Some of the interests expressed by Councilmembers were: a) develop a holistic approach to marketing the community that focuses on the entire City, not just downtown; b) ensure that marketing is cost effective and a long-term investment; and c) ensure that the entrances to the City from 1-5 are welcoming and help to distinguish Federal Way from other suburbs. To achieve these interests, a few specific suggestions were voiced: o Hold a competition among high school students to rebrand the City. Offer college scholarships to the first and second prizewinners. o Use the development of the Toys-R-Us and AMC Theatre sites as a marketing strategy or tool to lure businesses and a university's branch campus to downtown. If the PACC is built, the City may be able to market its arts and cultural events in a manner similar to how Tacoma has marketed itself as a center for the arts. o Improve the City's marketing to tourists and enhance the City's website for tourism. Examples to learn from are the websites of Edmonds and Kirkland. o Clean and maintain the entrances to the City from I-5, including cutting down weeds and planting shrubs or flowers. Councilrnember'Kelly Maloney volunteered to work with staff as a resources on this endeavor. 2. The Council should form an "ad hoc" committee of a handful of citizens with expertise in economic development to meet periodically with representatives of the Council to discuss ideas for expanding economic growth and increasing the number of jobs in Federal Way. While this committee could someday evolve into something more formal, such as a downtown association, the sentiment of the Council was that initially this group should be informal, casual, and small, and should include Federal Way residents and/or business owners with expertise in job creation and business management. The Council also agreed that FEDRAC should provide oversight and support to the group. Councilmembers Dini Duclos, Bob Celski, and Kelly Maloney will serve as the Council's liaisons to this ad hoc eommittee. And other Councilmembers expressed the desire to periodically attend. �! Note: During the meeting Federal Way resident Mildred Olay volunteered to be on the committee. 3. The City should attract a four-year institution of higher education to locate a branch campus in downtown as a key strategy for achieving the City's vision for downtown. The Council suggested that the City may find it easier to attract a private university than a public one given that by state law the City could work with on{y Highline Community College and Central Washington University. The Council also suggested that a university with programs in aerospace might be attracted to locate a branch campus in downtown Federal Way given the close proximity to The Boeing Company and other aerospace companies. In addition to universities with aerospace programs, Councilmembers suggested that because of the hospitals and medical services in the area and the presence of Weyerhaeuser, university medical schools and colleges or universities with forestry programs might also be candidates to locate a branch campus in the downtown core. 4. The City Council should host a meeting with the Schoot Board to diswss the City's vision for the future of downtown and the need for the City and School District to work in partnership to achieve it. Finally, some Councilmembers expressed an interest in hiring a full-time economic development director and/or a part-time person to address tourism. It was acknowledged that these are ideas for consideration during the budget development and adoption process, and would be considered alongside other priorities of the Administration and Council. TH806NfS 0!! iHE �7�A? To end this year's retreat, the Council expressed their gratitude to the citizens who had attended, especially those who stayed for the entire meeting, to Patrick Doherty for his presentations and for answering the Councilmembers' questions throughout the day, and to the subcommittee of the Council, Deputy Mayor 1im Ferrell and Councilmembers leanne Burbidge and Susan Honda, for having provided direction to facilitator Jim Reid in the design of the retreat agenda. A common sentiment among the Counci� was that this was one of the best retreats because the conversations were about important and pressing issues, and were in-depth, thorough, and inclusive of everyone. 5 COUNCIL MEETING DATE: March 19, 2013 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZE THE SCHEMATIC DESIGN FOR THE PACC ITEM #: POLICY QUESTION: Should the City Council authorize the Mayor to execute the necessary documents for the schematic design of the Performing Arts/Conference Center (PACC) by authorizing expenditure not to exceed $355,000? COMMITTEE: N/A CATEGORY: ❑ Consent ❑ Ordinance � City Council Business ❑ Resolution STAFF REPORT BY: PATRICK DOHERTY, CED DIRECTOR MEETING DATE: ❑ Public Hearing ❑ Other DErr: CED Background: On March 9, 2013 at the City Council Retreat the presentation included new information regarding possible funding of the PACC through grants, selling naming rights and the Federal New Markets Tax Credits. Determining whether funding can be achieved from grants, fund raising, or the Federal New Markets Tax Credits requires a schematic design. In 2011 Council appropriated $750,000 for the design, planning and developments costs for the PACC. T'he source of the funding for the appropriation is real estate excise tax first quarter percent. The remaining available balance from this appropriation is $475,000. The estimated cost of the schematic design is $950,000 of which $475,000 is available from the above original $750,000 initially approved by Council, leaving $475,000 additional funds needed. Of the remaining $475,000 needed, the City may seek $120,000 reimbursement from the 4Culture Grant and potentially $71,000 from the State Building for the Arts Grant. Due to the uncertainty of reimbursement from the State Building for the Arts Grant, the requested appropriation is up to $355,000 from real estate excise tax first quarter percent. While the schematic design will allow the next subsequent step in development which is the submittal of applications for land use, etc, Pursuant to Council direction at the Retreat, the contract for the schematic design will include at least the following: 1. Cost-savings is of the essence. Consequently the design�development team should endeavor to achieve any and all potential development cost savings as discovered through further design development. 2. In close consultation with City staff, the developmenUdesign team will be asked to present to the City Council for consideration any and all potential cost-saving options of a substantive nature. Options Considered: 1. Appropriate $355,000 real estate excise tax �rst quarter percent and aut6orize the Mayor to execute the necessary documents for the PACC schematic design, which will include statements regarding cost-savings and City Council involvement. Z. Do not appropriate $355,000 real estate excise tax �rst quarter percent or authorize the Mayor to execute the necessary documents for the PACC schematic design, and provide further direction. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: i�� (/�� DIRECTOR APPROVAL: Comm e Coun Initial COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BII..L # � DENIED 13T reading ❑ TABLED/DEFERRED/NO ACTION Enactment readi�g ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: ""�-�" �,'�' � � ITEM #: �I �1, . ... .. .. .... ...... ........ . _..._.............. .._....._._ . . . _..... ._. _ .. N1A,r�-h......1`� , 2_..._t3 . _..... . _ _ ._.................. . .._.... ....._ _ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2013 CARRY FORWARD BUDGET ADNSTMENT POLICY QUESTION: Shoudd the City Council approve the 2013 Carry Forward Budget Adjustment? COMMITTEE: Finance, Economic Development and Regional Affairs CATEGORY: ❑ Consent ❑ City Council Business � Ordinance ❑ Resolution MEETING DATE: February 26, 2013 ❑ Public Hearing ❑ Other STAFF REPORT BY: T'ho Kraus Finance Director DEPT: Finance �__.._...._..._.._..._�...........�� ...._..--- --'--..__._..__�............�� ..-�---._ ._�__.._---- ---� Attachments: • Budget Adjustment Memo • Summary of Proposed 2013 Carry Forward Adjustrnents • Ordinance Options Considered: 1. Approve the 2013 Carry Forward Budget Adjustment Ordinance as presented. 2. Provide direction to stafF on modifications to the 2013 Carry Forward Budget Adjustment Ordinance and forward to the full Council at the March 5, 2013 Council Meeting. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: ��%� �� DIItECTOR APPROVAL: " T�ommi e Co il Imhal COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on March 5, 2013. PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (MARCH 5, 2013): I move to forward approval of the ordinance to the March 19, 2013 Council Meeting for adoption. 2ND READING OF ORDINANCE (MARCH 19, 2013): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1gT reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment resding ' � '� ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: February 19, 2013 To: Finance, Economic Development & Regional Affairs Committee Via: Skip Priest, Mayor From: Tho Kraus, Finance Director �►% Subject: 2013 Carry Forward Budget Adjustment Ordinance BACKGROUND T'he proposed carry forward budget adjustment makes the following types of modifications to the current biemiium budget: • Revise Beginning Fund Balance — adjust the beginning fund balance from the estimated amount used during budget deliberation to the actual as we conclude fisca12012 activities; • Continue Existing Projects — appropriate projects that were budgeted in the prior year, but not completed and will continue during the current year; • Grant Funded Projects — appropriate projects funded by grants and contributions; • New Programs — on an exception basis, appropriate projects not previously approved by Council. All adjustments are one-time funded unless otherwise noted. GENERAL& STREET FUND OPERATIONS: The General and Street Fund 2012 actual ending fund balance of $15.03 million is $5.32 million over and above the $9.72 million projected for 2012 year-end. However, of this amount, $3.SOM is needed to implement the proposed budget adjustment. This results in an adjusted increase in ending fund balance of $1.S1M. The $532 million increase in ending fund balance at the end of 2012 is made up of $967K revenue increases and $435M in unspent expenditures. The $967K net increase in revenue/sources is comprised of: Revenues/sources exceedin� the 2012 vear-end estimate: • $318K building permits and development fees • $182Kliquorprofts • $153K property tax • $146K criminal justice sales taa� • $127K net increase in other fmancing sources (contributions, transfers, eannarked revenues, grants) • $48K animal licenses • $40K miscellaneous/interestlother • $23K franchise fees • $19K security & protection � $16K gambling tax • $11K criminal justice Revenues/sources below the 2012 year-end estimate: • $52K sales tax • $29K motor fuel tax • $19K parks and recreation fees • $16K traffic school The $4 35M unspent expenditures/uses is comprised of (before an�carry forward bud e�t ,adjushnent requests): • $23K in City Council • $112K in Mayor's Office • $81 K in Public Defender Contract • $S 10K in Community & Economic Development • $272K in Law • $197K in Human Resources/City Clerk • $431 K in Police • $536K in Jail Reserves � $408K in Parks, Recreation & Cultural Services • $151K in Court • $72K in Finance • $712K in Public Works • $846K in Pension Reserves/Non-Departmental The $3.SM needed to implement the proposed budget adjustments is allocated as follows: $3.35M to continue existing projects; $6K in grant funded projects; and $163K in new program requests. Continue Existing Proiects Totaling $3.35M — Reauires $3.35M Use of 2012 Ending Fund Balance • Total of $801K in Non-departmental: $200K for departing employee and vacation buyout and $601K for pension reserves to mitigate potential future rate increases. • Total of $123K in Human Resources/City Clerk: $106K for elecrion fees; $lOK labor negotiations; and $7K for wellness and employee recognition program. • Total of $317K in Community and Economic Development: $31K for permit system upgrade funded by automation fees; $94K for abatement funds; $78K for comprehensive plan update; $82K in Economic Development for city center redevelopment (azchitectural design review of mixed-use projects and environmental & land use review of significant city center projects); $26K for human services general fund contracts balance; and $6K employee contributions. • Total of $955K in Law: $24K for outside legal counsel and $935K internal service charges to Risk Management Fund for pending/future WCIA and CIAW (previous insurance companies) deductibles. • Total of $204K in Parks, Recreation and Cultural Services: $40K for resource conservation manager, $34K for general maintenance seasonal help; $60K for arts commission cultural plan; $48K for monument signs at park entrances; $12K for city-wide storm damage tree and shrub replacement; and $ l OK internal service charge for storm damage tree and shrub replacement. • Total of $592K in Police: $36K for state and federal seizure funds; $8K for explorer program; $536K for jail reserves; and $13K internal service charge for Spillman Tiburon Interface. • Total of $363K in Public Works: $100K for joint EOC funds; $12K for EOC temporary help; $198K for comprehensive plan update; $30K for neighborhood traffic safety; and $24K intemal service chazge for wire theft (shared parks & public works). Grant Funded Proiects Total $321K offset bv $315K Qrant revenue — Requires $6K Use of 2012 EndinQ Fund Balance • Total of $23K in Mayor's Office: $23K for Public Defender Grant � Total of $24K in Parks, Recreation and C�ltural Services: $24K for Recreation Inclusive Coordinator 0.50 FT'E • Total of $200K in Police: $7K for WSTSC DUI Target Zero; $12K for Ballistic Vests (includes S6K city funds); $75K for various Justice Assistance Grants; $67K Auto Task Force; $32K Registered Sex Offender; and $9K Valley Narcotics Enforcement Team contribution. • Total of $74K in Public Works: and $9K Emergency Management Program Grant; and $65K commute trip reduction. New Pro�rams Total $163K — Re4uires $163K Use of 2012 EndinQ Fund Balance • Total of $$163K in Parks, Recreation and Cultural Services: $45K internal service charge for city hall asphalt repair; $15K internal service charge for city hall pavement repair; $27K for Steel Lake maintenance yard security (includes $2K ongoing annual replacement reserves on three cameras); $1K ongoing annual replacement reserves on two replacement cameras in north parking lot (does not include $7K for capital purchase funded replacement reserves); $S 1K for Steel Lake park asphalt repair; and $24K for Steel Lake parking lot pavement repair. DESIGNATED OR PROJECT SPECIFIC FUNDS: The remaining adjustments are for continuation of designated programs and capital project funds. These adjustments include: �cial Revenue Funds: • Total of $80K in Arterial Street Fund: $80K for arterial str�ts asphalt overlay. • Total of $34K in Solid Waste & Recycling Fund: $34K for various grant expenditures. • Total of $102K in HoteUMotel Tax Fund: $102K appropriation of 2012 remaining balances. • Total of $83K in Federal Way Community Center Fund: $83K for HVAC System ($80K grant, $3K use of reserves). • Total of $27K in Traffic Safety Fund: $27K eannarked for potential expenditures. Capital Improvement Project Funds: • Total of $35K in the Downtown CIP: $30K for 2013 allocation for business incubator, $SK for utilities. • Total of $1.14M in Municipal Facilities CIP: $601 K for PACC; $480K for FWCC; and $56K for major facility rehab. • Total of $664K in Parks CIP: See "Summary of Proposed 2013 Carry Forwazd Adjustment for complete list. • Total of $720K in Surface Water CIP: See "Summary of Proposed 2013 Carry Forward Adjustment for complete list. • Total of $9.1M in Transportation CIP: See "Summary of Proposed 2013 Carry Forward Adjustment for complete list. Enterprise Funds: • Total of $118K in Surface Water Management Operating Fund: $13K for Steel Lake Management District; $8K for North Lake Management District; $34K for fresh algae grant (includes $8K city funds); $38K for storm water capacity grant; and $25K for Depariment of Ecology Grant of Regional or Statewide Signi�cance (GROSS). • Total of $139K in Dumas Bay Centre Fund: $SOK for roof repair; $4K eannark for pump station m&o; and $85K for general deferred maintenance. Internal Service Funds The internal service fund adjustments are reflected in the operating funds above, unless funded by replacement reserves or fund balance designated for the specific project. • Total of $959K in Risk Management Fund: $935K for pending/future WCIA and CIAW (previous insurance companies) deductibles; and $24K wire theft. • Total of $107K in Information Technology Fund: $9K for SafeCity m&o; $45K for network upgrade funded by replacement reserves; $9K for Amanda system IVR hardware upgrade funded by replacement reserves; $31K for permit system upgrade funded by automation fees; and $13K for Spillman Tiburon interface. • Total of $60K in Fleet and Equipment Fund: $60K for replacement of 1992 shuttle bus funded by replacement reserves • Total of $132K in Buildings & Furnishings Fund: $25K for new program Steel Lake maintenance yard security system; $7K for new program replacement of two cameras in city hall north parking lot funded by replacement reserves; $45K for new program city hall asphalt repair; $15K for new program city hall parking lot pavement repair; and $40K for continuation of half-time funding of resource conversation manager. Non-Annual Funds • $475K in Special Studies/Contract Fund: $21K for various equipment project balances; and $454K to appropriate remaining funds earmarked for public, govemment and educational access. • $1.44M in Community Development Block Grant Fund: $576K elimination of original estimate and allocate to actual allocation; $116K for planning and administration; $86K for public service programs; $798K for capital allocation; and $1.01 M for Neighborhood Stabilization Program 3($41 K city funds and $972� grant funds for Habitat for Humanity Contract. TOTAL BUDGETADJt/STMENT: The overall biennium budget adjustment totals $19,599,239. CITY OF FEDERAL WAY SUMMARY OF PROPOSED 2013 CARRY FORWARD ADJUSTMENTS Pro osed 2013 2014 General Fund: Citv-Wide / Non-Departmental Employee DepartureNacation Pay Out 100,000 100,000 Pension Reserves 600,600 - Mavor's :ce Public Defender 2013 Grant 23,000 - Human R so rc / i CI rk City Clerk - Election Fees 106,102 Human Resowces - Labor Negotiations 10,000 Human Resources - City Wellness Program & Employee Recognition 4,458 2,100 Communi{�Development Building - Permit System Upgrade Funded by Designated Automation Fees 30,986 Building - Abatement Funds 94,406 Planning - Comprehensive Plan Update 77,630 - Economic Development - City Center Redevelopment (Permits, Consultant, etc.) 82,279 - Human Servicees - General Fund Contracts Balance 25,700 - Human Services - Employee ConVibutions Balance 5,833 - Law Outside Le al Counsel 20 000 Internal Service Char e- Risk Mana ement Pendin and Future Deductibles for WCIA and CIAW 934,849 - Parks & Recreation New Program - Building/Facilities - City Hall Asphalt Repair - Internal Service Charge 45,000 New Program - Building/Facilities - City Hall Parking Lot Pavement Repair - Internal Service Charge 15,000 - New Program - Building/Facilities - Steel lake Maintenance Yard Security System (SI500 ongoing annual reserves beginning in 2014) 25,000 1,500 New Progam - Building/Facilities - Replace 2 Cameras in North Parking Lot, Funded by Reserves ($1000 ongoing annual reserves beginning in 2014) 1,000 Building/Facilities - Resource Conservation Manager - Continue Half-Time Funding, Internal Service Chazge 40,000 - General Recreation - Arts Commission Cultural Plan 60,000 General Recreation - Recreation Inclusive Coordinator 0.50 FTE Funded by CDBG Grant 24,465 Maintenance - Monument Signs at Park Entrance 48,000 Maintenance - Seasonal Help 34,250 - New Program - Maintenance - Steel Lake Park Asphalt Repair 51,000 New Program - Maintenance - Steel Lake Pazking Lot Pavement Repair 24,000 - Maintenance - Storm Damage Repairs - Tree & Shrub Replacement, City-wide 12,000 Maintenance - Storm Damage Repairs - Tree & Shrub Replacement, Internal Service Charge 10,000 - Police State Seizure Funds 20,820 Federal Seizure Funds 14,765 - Explorer Program 7,698 - Jail Reserves 100,000 436,000 2012-13 WA State Traffic Safety Commission Grant DUI Target Zero Grant 6,640 2012 Ballastic Vest Partnership Grant ($5691) and Local Match ($5691) 11,382 - 2009 JAG ARRA Grant 5,316 - 2010 JAG Grant 35,661 2012 JAG Grant 34,020 - 2012-2013 Auto Task Force Grant 66,684 - 2012-2013 Registered Sex Offender Grant 31,935 - 2012-13 VNET Contribution g g07 S illman Tiburon Interface - Internal Service Char e 12,592 CITY OF FEDERAL WAY SUMMARY OF PROPOSED 2013 CARRY FORWARD ADJUSTMENTS Pro sed 2013 2014 Public Works General & Street Fund Subsid - To Fund Public Works Street Fund C -Forward Re uests 362,911 Street Fund: EOC - Joint EOC Funds, Prior Year 64,636 EOC - Joint EOC, Current Year Balance 35,000 - EOC - EMP Grant Balance g,67g EOC - Temporary Help 11,667 Traffic - Commute Trip Reduction, Funded by Grant 65,009 - Traffic - Comprehensive Plan Update 197,882 Traffic - Neighborhood Traffic Safety 30,000 - tnternal Service Charge - Wire Theft 2012 Balance 23,726 Subtotal General & Street Fund 3,660,387 540,600 rterial Street Fund: As halt Overla 79,529 - Solid Waste & Recycling: Coordinated Prevention Grant 15,017 - Coordinated Prevention, Offset Cycle (Schools) Grant 9,313 - King County Waste Reduction & Recycling Grant 9,862 HoteUMotel Tax Fund: Appropriate 2012 Remaining Balances 102,416 Federal Way Com»runity Center: ARRA Grant - HVAC System ($79,469 Grant /$3,185 Capital Reserves) 82,654 - Trafftc Safety Fund: Tr�c Safety Earmarked for Potential Expenditures 26,754 - Subtotal Special Revenue Funds 325,545 - Debt Service Fund: 2003 FWCC Bond Refund - Subtotal Debt Service Fund - - Downtown Redevelopment CIP Fund: Business Incubator - Project Balance for 2013 Allocation 30,000 Utilities 2,300 2,300 Municipal Facilities CIP Fund: Civic Center/PAGInfrastivcture Improvements - City Portion 601,118 - FWCC Capital - Project Balance 480,071 Major Facility Rehab-West Hylebos, Steel Lake Annex, Fishers Pond - Project Balance 56,371 Parks CIP Fund: Downtown Park - Project Balance 96,050 Laurelwood - Project Balance 161,984 - Planning - Impact Fees Study/Open Space Mgmt Plan - Project Balance 2,315 Playgrounds - Project Balance 30,232 - Major Maintenance - Parks Facilities - Project Balance 11,635 West Hylebos Boardwalk Replacement - Project Balance 27,602 Celebration Park Maintenance Facility - Project Balance 71,583 - Sacajawea Park Master Plan - Project Balance 104,553 Trail & Pedestrian Access Improvements - Project Balance 157,728 Surface Water Management CIP Fund: Small CIP - Return Unspent to SWM Operations 144,476 - SW 356th Regional Storm Water Facility - Project Balance 8,583 West Hylebos Basin Land Acquisition - Project Balance 28,176 West Hylebos Basin Land Acquisition Grant - Exp 641,342 S 356th St RDF Retrofit - Reduce Grant Balance $92K, Reduce Project Balance $lOK (102,436) CITY OF FEDERAL WAY SUMMARY OF PROPOSED 2013 CARRY FORWARD ADJUSTMENTS Pro osed 2013, 2014 Transportation CIP Fund: Annual Transportadon System Safety Improvements - Project Balance 804,833 - So 320th St 20th Ave So - Project Balance 32,047 - SW 312th St SR509 - Project Balance 1,232,657 - S 320th St-8th Ave S-SR99 - Project Balance 93,902 lOth Ave SW/Sw344th St:SW Campus Dr-21st Ave SW - Project Balance 66,137 - 1st Ave South & South 28th Intersection - Pro'ect Balance 30,789 - S 320th St SW at 21st Ave SW - Pro'ect Balance 24,548 - S 320th St: lst Ave to 8th Ave S- Project Balance 36,175 S 304th St 28th Ave South -Project Balance 1,007 S 320th St -5 - Project Balance 90,492 S 320th St -5 - Grant Ex 530,420 S 356th St: SR99-161 - Project Balance 249 SR99 HOV Lanes Ph. IV - Project Balance 442,661 - South 312th St 28th Ave South - Project Balance 7,944 - SR99 HOV Lanes Ph V- Project Balance g� - Military Road South - South Star Lake Road-South 288th - Project Balance 10,573 SW 320th St 47th Ave SW - Project Balance 1,112 - SW 336th Way/SW 304th St: 26th Place SW - Hoyt Road - Project Balance 212,396 - 21st Ave SW SW 336th St - Project Balance 1,745,133 - 21st Ave SW 8W 336th St - TIB Grant - Exp 2,777,909 - City-Wide Flashing Yellow Lights Installation - Project Balance 5,101 - SR 99 South 312th - Project Balance 55,857 SW 344th St: 12th Ave SW to 21st Ave SW - Project Balance 1,754 City-Wide Pedestrian Safety Improvements - Project Balance 42,133 S 344th Way Weyerhaeuser Way S- Project Balance 11,384 Mark Twain Elementary SRTS - Grant Balance 15,092 SW 312th St & 14th Ave SW Lakota SRTS - Project Balance 199,386 . - SW 312th St & 14th Ave SW Lakota SRTS - Grant Balance 619,009 - Subtotal Capital Project Funds 11,645,192 2,300 Surface Water Management Fund: Steel Lake Management District - Balance of Funds 12,952 North Lake Management District - Balance of Funds 7,607 Fresh Algae Grant - Grant Funding $25,181 / Local Match $8,394 33,575 - Storm Water Capacity Grant 38,361 - WA State Dept of Ecology Grant of Regional or Statewide Significance (GROSS) Grant 25,322 - Dumas Bay Centre Fund: Roof Repair - Balance 50,041 Pump Station M&O - Eannark 4,000 - General Deferred Maintenance 84,656 - Risk Management Fund: Remainin Bud et for Pendin uture Deductibles for CIAW and WCIA revious insurance 934,849 - Wire T'heft - Balance 23 726 - Information Technology Fund: SafeCity M&O 9,160 - Network Upgrade, Funded by Reserves 45,000 - Amanda IVR Hardware Upgrade, Funded by Reserves 9,248 Permit System Upgrade, Funded by Automation Fees 30,986 - Spillman Tiburon Interface 12,592 - Fleet & Equipment Fund: Establish Base Authorized Non-Police - 51 Frondine Vehicles and 9 Secondary Vehicles, No Budget Impact - - PK/REC - Replace 1992 Shuttle Bus, Funded by Replacement Reserves 60,000 Buildings & Furnishings Fund: New Program - Steel Lake Maintenance Yard Security System (collect $1500 ongoing annual reserves beginning in 2014) 25,000 CITY OF FEDERAL WAY SUMMARY OF PROPOSED 2013 CARRY FORWARD ADJUSTMENTS Pro osed 2013 2014 New Program - Replace 2 Cameras in City Hall North Parking Lot - Funded by Reserves (collect $1000 ongoing annual reserves beginning in 2014) 7,000 New Program - City Hall Asphalt Repair 45,000 New Program - City Hall Parking Lot Pavement Repair 15,000 Resource Conservation Manager - Continue Half-Time Funding 40,000 - Subtotal Proprietary Funds 1,514,075 S ecia! Studies/Contract Fund: Various Equipment Project Balances 20,929 Appropriate Rema�ning Funds Earmarked for Public, Government and Educational Access 453,845 - 2% for the Arts Fund: 2% for the Arts - Balance 293 Communi Dwelopment Block Grant: Eliminate Adopted Budget (To Be Replaced with Actual Allocation) (576,000) - Planning & Admininstration 115,290 Public Service - Recreation Inclusion Prograzn 24,465 Public Service - MSC Emergency Feeding Program 10,000 Public Service - Healthpoint 15,000 - Public Service - Pazents & Children Together 15,000 Public Service - Birth to Three Services 22,00� Neighborhood Stabilization Program 3- Salaries & Benefits 40,715 - Neighborhood Stabilization Program 3- Habitat for Humanity Contract 971,984 - Capital - Commercial Loan Program 300,000 - Capital - Highline Community College Microenterprise TA 72,620 - Capital - Commercial Exterior Program 100,000 - Capital - Housing Repair Program 150,000 - Ca ital - FUSION Housing Acquisition 175,000 - Subtotal NonAnnual Programs 1,911,141 - - $19,056,340 S 342,900 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF T�IE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE TO CARRY FORWARD FUNDS REVISING THE 2013-14 BIENNIAL BUDGET (Amending Ordinance No.12-733). WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2011-12 fiscal biennium have been prepared and filed on October 2, 2012 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for hearing on the budget and said notice stating copies of the budget can be obtained on-line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way having held public hearings on November 6 and November 20, 2012, and having considered the public testimony presented; WHEREAS, the City Council enacted the 2013-14 Biennial Budget on December 4, 2012, to become effective on January 1, 2013; WHEREAS, the City Council finds it necessary to revise the 2013-14 Biennial Budget as a result of funds to be carried forward from 2012; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment. Exhibit A entitled "2013-14 Adopted Budgets" in Ordinance No. 12-733 is hereby amended to E�iibit B(1) —"2013 Revised Budget" and Exhibit B(2) —"2014 Revised Budget" to include the 2012 carry forward funds into the adopted budgets for 2013 and Ordinance No. 13- Page 1 of 6 Rev 1/10 2014. Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, � subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declazed invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance sha11 take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 Ordinance No. 13- Page 2 of 6 Rev 1/10 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: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 13- Page 3 of 6 Rev 1/l0 EXHIBIT A 2013-2014 ADOPTED BUDGETS Zo1� ' 2oia Beginning Ni�nd Begineiug �nd �ag �ad Fund Balance Re�enue : I�Srpend'iture Balance Resenue aditure Bsl� General �nd $ 9,616,270 $ 39,206,803 $ 42,546,626 $ 6,276,447 $ 38,357,079 $ 42,133,356 $ 2,500,170 Special Re�ence �ncl�: Sheet 100,000 4,346,085 4,346,085 100,000 4,405,276 4,405,276 100,000 Arterial SUeet - 1,536,500 1,536,500 - 1,536,500 1,536,500 Utility Tax 3,714,674 12,367,000 12,870,187 3,211,487 12,367,000 12,870,187 2,708,300 Solid Waste/Recyclmg 154,127 450,220 470,294 134,053 444,253 467,261 111,045 Special Contract/Studies 27,G00 - 26,000 1,600 - 1,600 - HoteUMotel Lodgmg Ta�c - 195,300 195,300 - 195,300 195,300 - 2%forArts - - - - - Cormunity Center 1,079,6'72 2,326>500 2,224,910 1,181,�i2 2,3?b,500 2,147,775 1,309,987 Ttaffic Safety Fund 1,500,324 830,000 1,075,040 1,255,284 830,000 1,030,000 1,OS5,284 (iants - CDBG - 576,000 576,000 - 576,000 576,000 - Paths and Trails 159,808 164,000 I55,000 168,808 9,000 157,000 �,808 Debt Service �nd 3,705,294 3,235,5(l0 3,268,508 3,672,286 3,235,500 3,292,550 3,615,236 Capital Project FLnds: Downtown Redevebpment 2,145,051 300,000 - 2,445,051 300,000 - 2,745,051 Municipal Facilities 291 - - 291 - 291 Parks 1,577,119 455,000 686,000 1,346,119 457,000 1,373,000 430,119 SurfaceWaterManagement 2,003,864 1,217,000 2,664,055 556,809 ?A6,000 246,000 556,809 Transportation 11,118,527 2,990,000 5,743,000 8,365,527 5,494,000 7,169,000 6,690,527 �hterprise �n� Surface WaterManagement 2,523,183 3,51'7,514 3,366,233 2,614,464 3,484,536 3,400,871 2,758,129 Dumas Bay Centre 1 744,251 683,050 61,202 751,251 695,064 117,389 Internal Service �Lntl�: Risk Management 4,921,782 1,028,768 1,048,768 4,901,782 1,028,768 1,038,768 4,891,782 Infometion Technology 3,409,377 1,991,782 2,155,406 3,245,753 1,914,978 1,784,201 3,376,530 MailBc Duplication 253,103 151,206 224,094 180,215 149,037 147,506 181,746 Fleet & Equipment 5,619,586 2,226,947 1,944,837 5,901,696 2,249,700 1,537,29�1 6,614,102 Bu�7d'm s& Fumishin s 1,568,124 518,356 403,714 1,682,766 519,035 404,393 1,797,408 CrandTotalAlfFunds` S 53,197,777 S 80,374,732 $ BF,ZD9,607 $ 47,362,902 $ 84,876,713 $;86,638,902 S 41,5,8�,713 Ordinance No. 13- Page 4 of 6 Rev 1/10 EXHIBIT B(1) 2013 REVISED BUDGET Beginning Fund Batance ' Rewe�tue ExpendiAUrr Ending Fund PriorAmount Ad}usi»aent Revised IhiorA»wunt Adjus�ment Revised' �o�Anaunt Adjusd�ent Re�ised Frtnd Ba[ance General Fund $ 9,616,270 $ 5,318,529 $ 14,934,799 $ 39,206,803 $ 257,357 $ 39,464,160 $ 42,546,626 $ 3,223,789 $ 45,77Q415 $ 8,628,544 Special Revenue Funds: Street 100,000 - 100,000 4,346,085 436,598 4,782,683 4,346,085 436,598 4,782,683 100,000 Arterial Street - 79,529 79,529 1,536,500 1,536,500 1,536,500 79,529 1,616,029 - Utility Tax 3,714,674 939,012 4,653,686 12,367,000 12,367,000 12,870,187 12,870,1H7 4,150,499 Solid Waste/Itecycling 154,127 17,875 172,002 450,220 34,192 484,412 470,294 34,192 504,486 151,928 Special Contract/Studies 27,600 474,774 502,374 - 26,000 474,774 500,774 1,600 Hotel/Motel LodgingTax - 102,416 102,416 195,300 195,300 195,300 102,416 297,716 2% forthe Arts - 293 293 - - - - 293 293 (0) FW Community Center 1,079,672 117,826 1,197,498 2,326,500 79,469 2,405,969 2,224,910 82,654 2,307,564 1,295,903 Traffic Safety 1,500,324 475,542 1,975,866 830,000 - 830,000 1,075,040 26,754 1,101,794 1,704,072 Grants - CDBG - 40,715 40,715 576,000 1,395,359 1,971,359 576,000 1,436,074 2,012,074 (0) Paths and Trails 159,808 6,860 166,668 164,000 164,000 I55,000 155,000 175,668 Debt Service Fuad 3,705,294 477,051 4,182,345 3,235,500 3,235,500 3,268,508 - 3,268,508 4,149,337 Capital Project Ftinds: Downtown Redevelopment 2,145,051 19,530 2,164,581 300,000 300,000 32,300 32,300 2,432,281 City Facilities 291 1,137,563 1,137,854 - - - - 1,137,560 1,137,560 294 Pazks 1,577,119 683,141 2,260,260 455,000 - 455,000 686,000 663,682 1,349,682 1,365,578 SWM 2,003,864 239,216 2,243,080 1,217,000 548,570 1,765,570 2,664,055 720,141 3,384,196 624,454 Transportation 11,118,527 4,037,949 15,156,476 2,990,000 3,942,430 6,932,430 5,743,000 9,091,509 14,834,509 7,254,397 Enterprise �nd: SwfaceWaterMana�ement 2,523,183 716,855 3,240,038 3,517,514 233,340 3,750,854 3,366,233 117,817 3,484,050 3,506,842 Dumas Bay Center I 138,697 138,698 744,251 744,251 683,050 138,697 821,747 61,202 Internal Service Funds: Risk Mana�ment 4,921,782 636,092 5,557,874 1,028,768 958,575 1,987,343 1,048,768 958,575 2,007,343 5,537,874 InformationSystems 3,409,377 207,883 3,617,260 1,991,782 12,592 2,004,374 2,155,406 106,986 2,262,392 3,359,242 Support Services 253,103 32,760 285,863 151,206 151,206 224,094 224,094 212,975 Fleet & Fquipment 5,619,586 127,245 5,746,831 2,226,947 2,226,947 1,944,837 60,000 2,004,837 5,968,941 Buildin� & Fumishings 1,568,124 9,008 1,577,132 518,356 125,000 643,336 403,714 132,000 535,714 1,684,774 TotalAllFunds 'S SS,197,777 S 16,036,361 f71,13*,138' S 80,37�,732' S 8,023,482 �t&8,398,21� S 88,2U9,607 fi 19,aS6,339'' 3107,26S,9I6 f 52,366,I06 Ordinance No. 13- Page 5 of 6 Rev 1/10 EXHIBIT B(2) 2014 REVISED BUDGET Begtnning Fund �atnnne Re�ue difure �ndiKg Feend FiinrAmount Adjrrgmen[ . Reviaed PrtorAmaunt Adjusimenl Revi�d PefarAt�lount AdJa�'nent Re�dse,d FundBalance General Fuud $ 6,276,447 $ 2,352,097 $ 8,628,544 $ 38,357,079 $ -$ 38,357,079 $ 42,133,356 S 540,600 S 42,673,956 S 4,311,667 Special Revenue �nds: i Stre� 100,000 100,000 4,405,276 - 4,405,276 4,405,276 4,405,276 100,000 !Arterial Stteet 1,536,500 - 1,536,500 1,536,500 - 1,536,500 - 'Utility Tax 3,211,487 939,012 4,15Q499 12,367,000 - 12,367,000 12,870,187 12,87Q187 3,647,312 'So6d Waste/Recycling 134,053 17,875 151,928 444,253 - 444,253 467,261 - 467,261 128,920 , Special Contrad/Studies 1,600 1,600 - - 1,600 - 1,600 !Hotel/MotelLodgingTax 195,300 - 195,300 195,300 195,300 ' 2% for the Arts (0) (�) - i�) iFederal Way Comm. Center 1,181,262 114,641 1,295,903 2,326,500 - 2,326,500 2,197,775 2,197,775 1,424,628 ' Tr�c Safety 1,255,284 448,788 1,704,072 830,000 83Q000 1,030,000 - 1,030,000 1,504,072 ' Grants - CDBG - (0) (0) 576,000 - 576,000 576,000 - 576,000 (0) : Paths and Trails 168,808 6,860 195,668 9,000 - 9,000 157,000 157,000 27,668 Debt Service FLnd 3,672,286 477,051 4,149,337 3,235,500 - 3,235,500 3,292,550 3,292,550 4,092,287 Capital Project Funds: iDowntownRedevelopment 2,445,051 (12,770) 2,432,281 300,000 - 300,000 2,300 2,300 2,729,981 ' City Facdities 291 4 295 - 295 !Parks 1,346,119 19,459 1,365,578 457,000 457,000 1,373,000 1,373,000 449,578 ' SWM 556,809 67,645 624,454 246,000 - 246,000 246,000 246,000 624,454 ': Streets 8,365,527 (1,111,130) 7,254,397 5,494,000 - 5,494,000 7,169,000 - 7,169,000 5,579,397 F�terprise Fund: ' Surface Wata Management 2,674,464 832,378 3,506,842 3,484,536 3,484,536 3,400,871 3,400,871 3,590,507 IDumasBayC�ter 61,202 0 61,202 751,251 - 751,251 695,064 - 695,064 117,389 Iutemal Service Funds: !RiskManag�ent 4,901,782 636,092 5,537,874 1,028,768 1,028,768 1,038,768 1,038,768 5,527,874 ':Infortnation Systems 3,245,753 113,489 3,359,242 1,914,978 1,914,978 1,784,201 1,784,201 3,490,019 !, Support Services 18Q215 32,760 212,975 149,037 - 149,037 147,506 - 147,506 214,506 ' Fleet & Equipment 5,901,696 67,245 5,968,941 2,249,700 2,249,700 1,537,294 1,537,294 6,681,347 : Buildings & Furnishings 1,682,766 2,008 1,684,774 519,035 2,500 521,535 404,393 404,393 1,801,916 TotalA!/Funds' S 47,362901 S 5,093,503 SS2,3b(r,907 S 80,d7�713' & I,SdO i8Q,d79,113 S 86,658,902 S 542,900 E87,ZO1,892 S 46043,818 Ordinance No. 13- Page 6 of 6 Rev 1/10