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LUTC PKT 11-03-2014
City of Federal Way City Council Land Use /Transportation Committee November 3, 2014 City Hall 5:30 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS 4. OTHER 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, December 1, 2014 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN Committee Members City Staff Bob Celski, Chair Marwan Salloum P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant H Lydia Assela- Dawson, Member 253- 835 -2703 Action Topic Title/ Description Presenter Page or Info Council Date Time A. Approval of Minutes: October 6, 2014 Upton 3 Action N/A 5 min B. 2015 Street Sweeping Services Contract — Mulkey 7 Action November 18, 2014 5 min Bid Award Consent C. 2015 Right of Way Landscaping Mulkey 11 Action November 18, 2014 5 min Maintenance Services Contract — Bid Consent Award D. Pacific Highway South HOV Lanes Phase Mulkey 19 Action November 18, 2014 5 min V (S 340`h Street to S 356`h Street) Project Consent — Lakehaven Utility District Interlocal Agreement E. Litter Control Services Agreement with Van Orsow 37 Action November 18, 2014 5 min Vadis for 2015 -2016 Consent F. Authorization to Amend the 2013 -2014 Appleton 55 Action November 18, 2014 5 min SWM Infrastructure Maintenance and Consent Service Contract (AG 13 -150) G. Authorization to Apply for Freshwater Smith 59 Action November 18, 2014 5 min Algae Control Program Grant Funding Consent H. Amendment to Title 19 for Water Park Conlen 61 Action November 18, 2014 5 min Uses in City Center Ordinance First Reading and Enactment I. Selection Process — 2015 Major Clark 87 Action November 18, 2014 15 min Comprehensive Plan Update Public Hearing 4. OTHER 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, December 1, 2014 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN Committee Members City Staff Bob Celski, Chair Marwan Salloum P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant H Lydia Assela- Dawson, Member 253- 835 -2703 This page left blank intentionally. City of Federal Way City Council Land Use /Transportation Committee October 6, 2014 City Hall 5:30 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Bob Celski and Committee members Kelly Maloney and Lydia Assefa- Dawson. Council members in attendance: Deputy Mayor Burbidge and Susan Honda. Staff in Attendance: Public Works Director Marwan Sallourn, Interim Deputy Public Works Director Will Appleton, Deputy City Attorney Ryan Call, City Traffic Engineer Rick Perez, Interim Streets Manager John Mulkey, Planner Manager Isaac Conlen, Associate Planner Stacey Welsh, Surface Water Management Engineer Tony Doucette, Senior Traffic Engineer Erik Preston, and Administrative Assistant II Shawna Upton. CALL TO ORDER Committee Chair Celski called the meeting to order at 5:30 PM. Motion by Maloney to pull item D, S 320th Street (11th PI S to I -5 Limited Access) Preservation Project — Project Acceptance, from the agenda. Seconded by Assefa- Dawson. Motion Passed Unanimously, 3 -0. 2. PUBLIC COMMENT (3 minutes) Diana Noble - Gulliford is representing the Historical Society and spoke in favor of Veterans Way signage. They would like to see it extended to Military Road. John Tsakonas, a small business owner, spoke at the end of the meeting. He spoke in favor of recreational marijuana business in the City and said the State has told him that there will be a lot of revenue coming to the City if they were to allow stores to open and that money can be used to fund additional projects. 3. COMMITTEE BUSINESS Forward to Topic Title/ Description Council A. Approval of Minutes: September 8, 2014 N/A Committee approved the September 8, 2014, LUTC minutes as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 B. Nautilus '14 NTS — S 304th Place (1St Ave S to 4th Ave S) October 21, 2014 Consent Mr. Preston provided a summary of data collected at this site. Based on the adopted NTS installation criteria, this location scored 3.0 severity points and qualifies for the installation of traffic calming devices. Staff evaluated the possible locations and recommends two speed humps be located on S 304th Place. Committee forwarded Option #1 as presented. Moved: Assefa- Dawson Seconded: Maloney Passed: Unanimously, 3 -0 Committee Members City Staff Bob Celski, Chair 3 Mal-wan Salloum, P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant II Lydia AssePa- Dawson, Member 253- 835 -2703 C. Demolition of Structure at 28866 Pacific Highway South — Project Acceptance October 21, 2014 Consent Mr. Doucette provided a brief summary on this project. He noted Council must accept the project as complete in order for the city to release retainage. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 D. S 320th Street (11th PI S to I -5 Limited Access) Preservation Project — Project Acceptance PULLED E. 2015 Pedestrian Safety Program — Authorization to Bid October 21, 2014 Consent Mr. Perez indicated this program was put in place to improve mid -block crossings on major arterials. Mr. Perez summarized the safety performance to date and presented data indicating a reduction in collisions and injuries in areas where the rectangular rapid flashing beacons (RRFB) have been used. Staff will continue to monitor data as time goes on but overall it appears that the program goals of increasing safety and mobility are being met. Discussion continued regarding scoring criteria, cost effectiveness and suggested locations for RRFB installation in 2015 and potential locations in 2016. Committee forwarded Option #1 as presented. Moved: Assefa - Dawson Seconded: Maloney Passed: Unanimously, 3 -0 F. S 320th Street — Provision of Honorary Name of "Veterans Way" October 21, 2014 Consent Mr. Perez noted this proposal has changed ending locations a couple times through the process. The hope is to have the Veterans Way designation go from SR99 all the way to Military Road. However, Military Road is not within city limits so conversation will be taking place with King County. At this time, staff is attempting to coordinate placement of the new signs in coordination with the new flag installations along S 320th Street. Veterans Way is proposed to extend from SR99 to the east city limit. Further discussion was held regarding costs for sign conversion, placement of signage and size of lettering on the sign. Committee forwarded Option #1 as amended to expand signage past I -5 and go to the east city limit. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 G. Amendments to FWRC Title 19 for Marijuana - Related Businesses October 21, 2014 Ordinance Ms. Welsh provided background information on this topic including an overview of what other cities are doing to address this issue. At the September 17, 2014 Planning Commission public hearing, they chose to recommend the City Council ban marijuana - related businesses within the City. The Planning Commission recommendation does not address medical marijuana so it brings up the question if the ban would actually apply to medical marijuana dispensaries. The ordinance could be amended to specify recreational and medical marijuana be banned. For clarification, this ban would not apply to medical marijuana collective gardens because those are authorized by state law. If regulations are not in place by the time the moratorium is set to expire, the Committee would need to recommend extending the moratorium. Discussion continued regarding medical marijuana businesses and how to best address that portion of the issue. Committee forwarded Option #1 as amended with guidance to staff to prepare an extension to the moratorium as to medical marijuana. Moved: Assefa - Dawson Seconded: Maloney Passed: Unanimously, 3 -0 Committee Members City Staff Bob Celski, Chair 4 Marwan Salloum, P. E., Pubfic Works Director Kelly Maloney, Member Shawna Upton, Admfnfstratfve Assistant II Lydia Assefa - Dawson, Member 253- 835 -2703 4. OTHER 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, November 3, 2014 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 6:38 PM. COMMITTEE APPROVAL: Bob Celski, Chair Kelly Maloney, Member Attest: Shawna Upton, Administrative Assistant II Lydia Assefa- Dawson, Member Committee Members City Staff Bob Celski, Chair 5 Marwan Salloum, P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant II Lydia Asseta- Dawson, Member 253- 835 -2703 This page left blank intentionally. SUBJECT: 2015 STREET SWEEPING SERVICES CONTRACT —BID AWARD POLICY QUESTION: Should the City Council award the 2015 Street Sweeping Service Contract to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 3, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: JOHN MULKEY, P.E., Interim Street Systems Manager-;5R�''DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated November 3, 2014. Options Considered: 1. Award the 2015 Street Sweeping Services Contract to McDonough and Son, Inc., the lowest responsive, responsible bidder, in the amount of $101,189.70 and authorize the Mayor to execute the contract. 2. Reject all bids for the 2015 Street Sweeping Services Contract 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 I�Fgvember 18, 2014 City Council Consent Agenda for r pproval. MAYOR APPROVAL: /`yi7J�y��[RECTOR APPROVAL: ��Commits elf ouncil ✓✓ 1 CHIEF OF STAFF: J ".y 71AJI% d, 1-4- A,5W COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 18, 2014 City Council consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the 2015 Street Sweeping Services Contract to McDonough and Son, Inc., the lowest responsive, responsible bidder, in the amount of $101,189.70 and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 7 CITY OF FEDERAL WAY MEMORANDUM DATE: November 3, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director John Mulkey, P. E., Interim Street Systems Manger SUBJECT: 2015 Street Sweeping Services — Bid Award BACKGROUND: Three bids were received and opened on October 7, 2014 for the 2015 Street Sweeping Services Contract. The total bids for this contract are as follows: Company Bid Amount McDonough & Sons, Inc. $101,189.70 Action Services Corp. $103,610.38 Best Parking Lot Cleaning, Inc. $112,716.59 Available 2015 Budget Amount $107,600.00 The lowest responsive, responsible bidder is McDonough & Sons, Inc. with a total bid of $101,189.70. The amount available in the 2015 budget for this contract is $107,600. 8 U) w U_ N/ I.L w N 0 Z a w w F— w w LO 0 N r Q M 1 r � r L 4 c O c Z a m � LL � L C aN uu' C U t0 � O c0 z R cn cn 1n <n _ wwww c a m F M V > at m a m J C o. m E O ' CL 0 N N IL N N m r cq U 'Al U &n m O.0 LO u0i N 0000 O D V; m m m M �O N N M m m m U w o E E o m o 0 LU O V N O O N N y � m� O 0p (7 (G O O O � p U m m M co m m 00 0 O N M N 10 M O o M m 10 m M N co- M IA N O O N 69 M fH M m (H b9 fA fR O O 10 M O� O CO m M 61 N V {+1 O ♦- fA V) 69 N H (n fn rn w W W W W d N m 0 E N U C G > 0 m 41 N U) E c a1 p cm ry C CL . u7 ao o m m C m N O O CD Q 0 m O M c) O Uy ea vi��� E co °o CL d rn M M rn rn m y p V C V V C 0 t/1 N M V LL� o E `0 m U F» w w u> e» sv E E E E N N d N N 0 w r 0 � O � 10 0 p N m 00 U) U) M V) c C W W W W } } } } Q cf O C fn N N N 10 X06 5 Ey 9 L N ~ m j C $ O N C A Im N c 0 0.0 � o a0 U O p N y m o O V 0W C''1 U to a` a_m o 0 0 0 0 o 0000 0 1n O� iAvl�V U 64 U4 c N N N N N 0 f :2 2 2 C N M <IO O Obi O C M m O V I N O N E i i 1 Q E `p I I � _ 4 c a� I � E A a 0 < U NE N N m W N M Z 1 a1 d a d w '62 5 p } •- a CC >E i v o in m `—° c m W 'p O c < U C a) U 1 i N Q j N 'y U Q O p J O N C U Q Q d m U O m O W C-5 03 .p E C i2U 0w m Z [b U U r N M 7 to 0 This page left blank intentionally. 10 COUNCIL MEETING DATE: November 18,2 014 ITEM #: ....................................................-.........._................_......................................-........._...................._.... ..........................._... ......................_...................... . ................................ -- ..__...... . ...... _..__. . ...... _ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2015 RIGHT OF WAY LANDSCAPE MAINTENANCE CONTRACT — BID AWARD POLICY QUESTION: Should the City Council award the 2015 Right of Way Landscape Maintenance Contract to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 3, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: JOHN MULKEY, P.E., Interim Street Systems Manager 4 DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated November 3, 2014. Options Considered: 1. Award the 2015 Right of Way Landscape Maintenance Contract to Tom Osaka Garden Service, Inc., the lowest responsive, responsible bidder, in the amount of $195,894.32 and authorize the Mayor to execute the contract. 2. Reject the bid for the 2015 Right of Way Landscape Maintenance Contract and direct staff to rebid the vroiect and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Council Consent Agenda fgx pr_oval. ,,, MAYOR APPROVAL: CHIEF OF STAFF: DJRECTOR APPROVAL: 0�/ 18, 2014 City COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 18, 2014 City Council consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the 2015 Right of Way Landscape Maintenance Street Contract to Tom Osaka Garden Service, Inc., the lowest responsive, responsible bidder, in the amount of $195,894.32 and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED Isr reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 11 CITY OF FEDERAL WAY MEMORANDUM DATE: November 3, 2014 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Marwan Salloum, P.E., Public Works Director John Mulkey, P.E., Interim Street Systems Manager7%2k� SUBJECT: 2015 Right of Way Landscaping Maintenance Contract — Bid Award BACKGROUND: One bid was received and opened on October 21, 2014 for the 2015 Right of Way Landscaping Maintenance Contract. The total bids for this contract are as follows: Company Tom Osaka Gardens Service, Inc. Available 2015 Budget Amount Bid Amount $195,894.32 $199,187.00 Reference checks on Tom Osaka Garden Service, Inc. by City staff indicate that the contractor has performed similar work. As a result, City staff believes Tom Osaka Garden Service, Inc., can successfully complete this project to the City's satisfaction. Therefore, the lowest responsive, responsible bidder is Tom Osaka Garden Service, Inc. in the amount of $195,894.32. 12 2015 ROW Landscape Maintenance RFB No. 14 -114 Bid Tabulation BID OPENING DATE October 21. 2014 Vendor Name - -> Location ---- - - - - -> ✓Bid t ,4m Osaka Garden Service Inc ;w Federal Way, Washin ton Month Project #1 S 288th St - I -5 to SR 99 Quantity t` Price Total January 0 $0.00 3 $28.00 8 $28.00 10 + $28.00 14 ' $28.00 12 $28.00 13 $28.00 12 i $28.00 12 $28.00 6 $28.00 5 $28.00 0 `s $0.00 $0.00 $84.00 $224.00 $280.00 $392.00 $336.00 $364.00 $336.00 $336.00 $168.00 $140.00 $0.00 February March April May June July August September October November December Subtotal Project 1 $2,660.00 Project #2 S 312th St - SR 99 to 1st Ave S 0 3 8 10 14 12 13 12 12 7 5 0 $0.00 $26.00 $26.00 $26.00 ., $26.00 $26.00 $26.00 $26.00 $26.00 $26.00 '' $26.00 $0.00 $0.00 $78.00 $208.00 $260.00 S364.00 $312.00 $338.00 $312.00 $312.00 $182.00 $130.00 $0.00 January February March April May June July August September October November December Subtotal Project 2 $2,496.00 Project #3 S 312th St - SR 99 to 23 Ave S $2800 .$28.00 6.00 $28.00 $28.00 $84.00 January 1 February 1 March 3 April 4 4 4 8.00 8.00 28.00 $112.00 $112.00 $112.00 May June July 4 3 28.00 28.00 28.00 $112.00 $84.00 $84.00 August September 3 October 3 28.00 ",$28.00 $28.00 $84.00 $112.00 $28.00 November 4 December 1 Subtotal Project 3 $980.00 Project #4 SW 320th St - 11 PI S to 47 Ave S `' $0.00 "` $205.00 $205.00 $205.00 ` $205.00 -;, $205.00 $205.00 $205.00 ', $205.00 $205.00 $205.00 $0.00 $0.00 $61500 $1,640.00 $2,255.00 $2,870.00 $2,665.00 $2,870.00 $2,665.00 $2,46000 $1,640.00 $1,230.00 $0.00 January 0 February 3 March 8 April 11 May 14 June 13 Jul 14 August 13 September 12 October 8 November 6 December 0 Subtotal Project 4 �_ $20,910.00 Project #5 S 320th St - 11th PI S to 1 -5 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20 -00 $20.00 $20.00 $60.00 $160.00 $180.00 $240.00 $220.00 $220.00 $200.00 $200.00 $140.00 $120.00 $20.00 January _ 1 February 3 March 8 April 9 May 12 June Jul August 10 September 10 October 7 November 6. December Subtotal Project 5 $1,780.00 13 2015 ROW Landscape Maintenance RFB No. 14 -114 Bid Tabulation BID OPENING DATE October 21, 2014 Vendor Name -> Location > am t I Tom Osaka Garden Service Inc - Federal Way. Washington Month Project #6 S 320th St - 1 -5 to Weyerhaeuser Quantity Price Total January 0 3 7 10 13 12 13 12 12 2 9 5 - 0 $0.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $2.0.00 $000 $0.00 $60.00 $140.00 $200.00 $260.00 $240.00 $260.00 $240.00 $240.00 $180.00 $100.00 $0,13C. February March April May June July August September October November December Subtotal Project 6 $1,920.00 Project #7 S 324th St - 11 PI S to 18 Ave S 1 1 3 4 4 4 4 3 3 3 4 1 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $60.00 $80.00 $80.00 $80.00 $80,00 $60.00 $60.00 $60.0() $80.00 520.00 January February March April May June July August September October November December Subtotal Project 7 $700.00 Project #8 S 336th St -1 -5 to 1st Ave S 0 5 10 14 17 17 17 16 15 `. 11 9 " 0 $0.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $0.00 _ $0.0() $200.01) $400.00 $560.(N) $680.00 $680.00 $680.00 $640.00 $600.00 $440.03 $360.00 $0.00 January February March April May June July August September October November December Subtotal Project 8 $5,240.00 Project #9 S 342nd St Libra Lane 0 .. 0 3 4 `' 5 4 5 f,. 3 <; 4 3 5 0 1% $0.00 $0.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $20.00 $0.00 $0.00 $0.00 $60.00 $80.00 $100.00 $80.00 $100.Q0 $60.00 $80.00 $60.00 $100.00 $0.00 January February March April May June Jul August September October November December Subtotal Project 9 $720.00 Project #10 S 348th St - 16 Ave S to Hoyt 0 5 10 14 17 ill 17 16 15 11 -9 o $0.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $0.00 $0.00 $1,025.00 $2,050.00 $2,870.00 $3,485.00 $3,485.00 $3,485.00 $3,280.00 $3,075.00 $2,255.00 $1,845.00 $0.00 January February March April May June July August September October November December Subtotal Pro act 10 -r- - _ $26.855.00 14 2015 ROW Landscape Maintenance RFB No. 14 -114 Bid Tabulation BID OPENING DATE October 21, 2014 Vendor Name - - -> Location -------- - > Bid 1 om Osaka Garden Service Inc °Federal Wa Waihn ton Month Project #11 SW 356th St -1st Ave S to 21st SW Quantity i Price Total _ January 0 $0.00 $0.00 $20.00 $60.00 $20.00 $160.00 $20.00 $200.00 $20.00 $280.00 $20.00 $240.00 '` $20.00 $280.00 $20.00 $240.00 $20.00 $240.00 $2000 $140.00 $20.00 $120.00 $0.00 $0.00 February 3 March 8 April 10 May 14 June 12 July 14 August 12 September 12 October 7 November 6 December 0 Subtotal Project 11 $1,960.00 Project #12 23rd Ave S - S 316 to S 324 $21.00 $21.00 3 $21.00 $21.00 $21.00 $63.00 $21.00 $84.00 $21.00 $84.00 $21.00 $84.00 $21.00 $84.00 $21.00 $63.00 $21.00 $63.00 '`.' $21.00 $6300 $21.00 $84.00 $21.00 $21.00 January 1 February 1 March 3 April 4 May 4 June 4 Jul 4 August 3 September October 3 3 November 4 December 1 Subtotal Project 12 $735.00 Project #13 16th Ave S /Ench Pk - SR 99 to S 356 r$20.00 $20.00 $80.00 $180.00 $220 00 $280.00 $20.00 $280.00 "_ $20.00 $260.00 '' $20.00 $260.00 $20.00 $220.00 $20.00 $180.00 . $20.00 $20.00 January February March April 1 Ma 1$280.00 June July 141- August 13 September October iAl November December Subtotal Project 13 $2,280.00 Project #14 SR -99 - S 272 to S 283 $0.00 $0.00 $75.00 $525.00 $75.00 $600.00 $75.00 $825.00 $75.00 $1,125.00 r $75.00 $975.00 $75.00 $1,050.00 $75.00 $1,050.00 $75.00 $975.00 $75.00 $825.00 $75.00 $675.00 $0.00 $0.00 January 0 February 7 March 8 April it May 15 June 13 Jul 4' August 14 September 13 October 11 November 9 December 0 Subtotal Project 14 $8.625.00 Project #15 SR -99 - S 283 to 18 Ave S " $0.00 $0.00 $95.00 $665.00 $95.00 $760.00 $95.00 $1,045.00 $95.00 $1.425.00 $95.00 $1,235.00 $95.00 $1,330.00 $95.00 $1,330.00 $95.00 $1,235.00 $95.00 $1,045.00 $95.00 $855.00 $0.00 $0.00 January 0 February 7 March 3. April 11 May 15 June 13 July 14 AU gust 14 September 13 October 11 November 9 December 0 Subtotal Project 15 15 2015 ROW Landscape Maintenance RFB No. 14 -114 Bid Tabulation RID OPENING DATE October 21. 2014 Vendor Name - -> Location - - - -> Bb 1 om Osaka Garden Service Inc Federal Wa Washin ion Month Project #16 SR -9918 Ave S to S 310 Quantity 0 7 8 11 15 13 14 14 i. 13 11 9 0 "$O.OD ' $96.00 $95.00 $95.00 $95.00 $95.00 $95.00 $95.00 $9500 $95.00 $95.00 $0.00 Total $0,00 $665.00 $760.00 $1,045.00 $1,425.00 $1,235.00 $1,330.00 $1,330.00 $1,235.00 $1,045.00 $855.00 $0.00 January February March April May June July August September October November December Subtotal Project 16 $10,925.00 Project #17 SR -99 S 310 to S 324 1 7 8 11 15 13 14 14 13 11 9 1 $81.00 $81.00 $81.00 $81,00 $81.00 $3100 $81.00 $81.00 $81.00 $81.00 $81.00 $81.00 $81.00 $567.00 $648.00 $891.00 $1.215.00 $1,053.00 $1,134.00 $1,134.00 $1,053.00 $891_00 $729.00 $81.00 January February March April May June July August September October November December Subtotal Project 17 $9.477.00 Project #18 SR -99 - S 324 to S 340 1 7 8 .. 11 15 13 `, 16 14 -. a' r i $95.00 $95.00 $95.00 $95.00 $95.00 $95.00 $95.00 $95.00 $95.00 $95.00 $95.00 $95.00 $95.00 $665.00 $760.00 $1,045.00 $1,425.00 $1,235.00 $1,520.00 $1,330.00 $1,235.00 $1,045.00 $855.00 $95.00 January February March A ril May June July Au ust September October November December Subtotal Project 18r $11.305.00 Project #19 SR -99 - S 348 to S 356 ' Ng a 7 ,, 4EMKWO.00 0 $0.00 $30.00 $30.00 $30.00 "j P0.00 0.00 $30.00 $30.00 $30.00 $30.00 $0,00 $0.00 $60.00 $180.00 $210.00 $330.00 $270.00 $330.00 $270.00 $300.00 $210.00 $120.00 $0.00 January February March April May June Jul August Se tember October November December Subtotal Project 19 $2.280.00 Pro ect #20 1st Wa S - S 356 to S 312 0 5! 0' 14 17 17.." 17 16 15 11 _ 9 0 $0.00 $97.50 $97.50 $97.50 $97.50 $97,50 $97.50 $97,50 $97.50 $97.50 $97.50 $0.00 $0.00 $487.50 $975.00 $1,365.00 $1,657.50 $1,657.50 $1,657.50 $1,560.00 $1,462.50 $1,072.50 $877.50 $0.00 January February March April May June July August September October November December Subtotal Project 20 1 $12.772.50 16 2015 ROW Landscape Maintenance RFB No. 14 -114 Bid Tabulation BID OPENING DATE October 21. 2014 Vendor Name - - -> Location ------- > `Bfd 1 �om6Saka�Garden Se�� t vt. Federal Way, Washin ton Month Project #21 21st Ave SW - SW 356 to SW 312 Quantity i +' Price Total January 0 _ 1 $0.00 $0.00 ', $219.00 $657.00 $219.00 $1,752.00 "" $219.00 $2,409.00 $219.00 $3,285.00 :, $219.00 $2,847.00 $219.00 $3,285.00 $219.00 $2,847.00 $219.00 $2,847.00 $219.00 $1,752.00 $219.00 $1,533.00 r $000 $0.00 February 3 March 8 April 11 May 15 June 13 Jul 15 August 13 September 13 October 8 November 7 December 0 Subtotal Project 21 $23,214.00 Project #22 21st Ave S - S 320 to S 316 $45.70 $45.70 $4570 $15.70 $45.70 $13710 $45.70 $182.80 $45.70 $182.80 $45.70 $182.80 $45.70 $182.80 r` $15.70 $137.10 $45.70 $137.10 $45.70 $137.10 $45.70 $182.80 v+ $45.70 $4530 January 1 February 1 March 3 Aril 4 May 4 June 4 Jul 4 August 3 September 3 October 3 November 4 December 1 Subtotal Project 22 $1.599.50 Project #23 S 317th St - 28 Ave S & Roundabout r• . $0.00 $0.00 $20.60 $61.80 :a` $20.60 $164.80 $20.60 $185.40 $20.60 $247.20 $20.60 $267.80 : $20.60 $247.20 $20.60 $247.20 $20.60 $247.20 $20.60 $185.40 $20.60 $144.20 $0.00 $0.00 January 0 February 3 March 8 April 9 May 12 June 13 July 12 August 12 September 12 October 9 November December 0 Subtotal Protect 23 $1,998.20 Project #24 S 333rd SUS 332nd St - Roundabout to 13 PI S $0.00 $0.00 $37.00 $111.00 $37.00 $296.00 x $37.00 $333.00 " "' $37.00 $444.00 $37.00 $481.00 �. $37.00 $444.00 , $37.00 $444.00 $37.00 $144.00 ;" $37.00 $333.00 $37.00' $259.00 $0.00 $0.00 January 0 3 February March 8 April 9 May 12 June 13 Jul 12 August 12 September 12 October 9 November 7 December 0 Subtotal Project 24 $3,589.00 Project #25 Roundabout - S 334th at 38th S $0.00 $0.00 $20.00 $20.00 $20.00 $40.00 $20.00 $40.00 $20.00 $40.00 $20.00 $80.00 $20.00 $40.00 $20.00 $60.00 $20.00 $40.00 $20.00 $40.00 $20.00 $40.00 0 $0.00 $0.00 January 0 February 1 March 2 April 2 May 2 June 4 Jul 2 August 3 September 2 October 2 November 2 December Subtotal Project 25 F $440.00 17 2015 ROW Landscape Maintenance RFB No. 14 -114 Bid Tabulation RIn (1PFNINr; nOTF Ortnhar 21. 2014 Vendor Name -> Location -- - - - - -> om Qsa a - I-r" c Fetleral Wa Washin ton Month Quantity Price Total Project #26 13 PI S I S 330th St - S 324 to SR 99 0 4 $0.00 3 $30.00 8 $30,00 9 $30.00 13 $30.00 13 $30.00 13 ., $30.00 12 f $30.00 12 $30 00 9 $30 00 7 $30 -00 0 $0.00 $0.00 $90.00 $240.00 $270.00 $390.00 $390.00 $390.00 $360.00 $360.00 $270.00 $210.00 $0.00 January February March Aril May June July August September October November December Subtotal Project 25 $2,970.00 Project #27 Irrigation System - January 0 0 $0.00 .00 $0.00 $0.00 February March 0 '- 'x`"$0.00 25 .. $61.80 33 $15.14 33 3. $15.14 33 , $15.14 33 $15.14 33 $15.14 33 $15.14 0 `' $0.00 0 < $0.00 $0.00 $1,545.00 $499.62 $499.62 $499.62 $499.62 $499.62 $499.62 $0.00 $0.00 April May June July August September October November December Subtotal Pro ect 26 $4,542.72 Monthly Totals January 1 $330.70 $6,951.00 $12,741.90 $18,772.20 $22,918.12 $21,222.72 $22,593.12 $21,038.92 $20,080.42 $14,982.62 $11,936.50 $330.70 February March April May June Jul August September October November December Subtotal Monthly Work $173,898.92 200 Extra Hours of Maintenance Labor 200 e :. $5,000.00 Annual Costs Projects plus additional labor $178,898.92 Sales Tax at 9.5% $16,995.40 $195,894.32 18 SUBJECT: PACIFIC HIGHWAY SOUTH HOV LANES PHASE V (5340TH STREET. TO S356TH STREET) PROJECT — LAKEHAVEN UTILITY DISTRICT INTERLOCAL AGREEMENT POLICY QUESTION: Should the Council authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the Pacific Highway South HOV Lanes Phase V (S 340th St to S359th St.) Project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 3, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: JOHN MULKEY, P.E., Interim Street Systems Manager'" DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated November 3, 2014 2. Interlocal Agreement Options Considered: 1. Authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the Pacific Highway South HOV Lanes Phase V (S340th St. to S359th St.) Project. 2. Do not authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the Pacific Highway South HOV Lanes Phase V (S340th St to S359th) Project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Nvember 18, 2014 City Council Consent ARenda.&V approval. --,% 11 MAYOR APPROV. CHIEF OF STAFF: Council ,J DIRECTOR APPROVAL: 7A a COMMITTEE RECOMMENDATION: 1 move to forward Option 1 to the November 18, 2014 City Council consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the Pacific Highway South HOV Lanes Phase V (5340th St. to S359th St.) Project. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 19 CITY OF FEDERAL WAY MEMORANDUM DATE: November 3, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor '&' � FROM: Marwan Salloum, P.E., Public Works Director John Mulkey, P.E., Interim Street Systems Manager 5* - SUBJECT: Pacific Highway South HO Lanes Phase V (S. 340th Street to S359th Street) Project — Lakehaven Utility District Design and Construction Interlocal Agreement BACKGROUND: Lakehaven Utility District requested the City enter into an interlocal agreement for the design and construction of water main replacement and adjustment of Water and Sanitary Sewer facilities as part of the Pacific Highway South HOV Lanes Phase V Project 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. The estimated cost of the interlocal agreement is $231,000.00 and includes the cost for the design phase of the project and project administration. The construction phase of the project will be added to the ILA as a supplement to the agreement when the construction cost has been identified. K: \LUTC \2014 \11 -03 -14 Pacific Highway South Phase V - LUD ILAAd P After recording, return to: City of Federal Way 333258 1h Avenue S Federal Way, WA 98003 Attn: John Mulkey INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE PACIFIC HIGHWAY SOUTH HOV LANES PHASE V PROJECT (SOUTH 340TH STREET TO SOUTH 359TH STREET) THIS AGREEMENT is made and entered into this day of , 2014, by and between the City of Federal Way (hereinafter "City ") and Lakehaven Utility District (hereinafter "District "), collectively referred to herein as the "Parties ". WHEREAS, the City proposes to proceed with the Pacific Highway South HOV Lanes Phase V Project (South 340th Street to South 359th Street) (hereinafter "Project "); and WHEREAS, the District provides water and sewer service in the general area of the Project in accordance with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, in connection with the roadway improvements being undertaken bythe City, the District will be required to relocate certain water and sanitary sewer facilities such as fire hydrants, valves, water meters, etc.; resolve any waterline /utility conflicts; and adjust sewer manholes, within the Project area; and WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the District, including letting a public works construction contract for the installation of the water improvements in connection with the Project (hereinafter "District Work "), and providing construction management services in support thereof, as described in Exhibit A, attached hereto and incorporated herein by this reference; Pacific Highway South HOV Lanes Phase V Page 1 November 2014 21 NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: PREDESIGN /DESIGN. The District agrees that the City's design contractor, KPG, Inc., shall perform predesign /design work for the Project. The District shall reimburse the City for the predesign report, reproducible construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the District Work to become a part of the plans and specifications for the Project. BIDDING AND CONSTRUCTION. A. It is the intention of the City and the District that the District plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids on the Project, the District shall be furnished with the bid responses submitted for the District Work for the District's approval. Within twenty days of receiving the bid prices, the District shall notify the City in writing that the District either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided, however: if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. The District Work shall be deleted from the project contract and, in this event; the City shall proceed with its portion of the Project. This Interlocal Agreement shall terminate effective the date of the District's notice to the City of the District's rejection of all bids. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and /or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and /or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. B. The District shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the District Work, which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. Pacific Highway South HOV Lanes Phase V Page 2 November 2014 22 IV. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the District Work, which costs shall include but are not limited to the District Work performed by the Project contractor(s), all District requested changes, and the District's cost of the City services described in Paragraph III (a) herein, and as described in Exhibit B. B. All payments shall be due from the District to the City within thirty (30) days after approval by the District's General Manager or his /her designee of said sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City Council accepts the completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to the District for any final payment due. The District's payment of this final invoice shall, in effect, transfer ownership of these water and sewer mains and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. Pacific Highway South HOV Lanes Phase V Page 3 November 2014 23 C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. E. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY LAKEIIAVEN UTILITY DISTRICT Jim Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98063 -9718 (253) 835 -2401 APPROVED AS TO FORM: Amy Jo Pearsall, City Attorney ATTEST: Stephanie Courtney, CMC, City Clerk Pacific Highway South HOV Lanes Phase V Page 4 24 John Bowman, General Manager 31627 1 st Avenue South PO Box 4249 Federal Way, WA 98063 -4249 (253) 941 -1516 APPROVED AS TO FORM: General Counsel, Steven H. Pritchett November 2014 EXHIBIT A City of Federal Way Pacific Highway South HOV Lanes Phase V S 340th Street to S 359th Street Scope of Work KPG October 27, 2014 (For Lakehaven Utility District via Interlocal Agency Agreement) Work to be completed under this amendment involves development and evaluation of options; supplemental survey, design, preparation and review of plans, specifications, engineer's estimate, and bid documents; and preparation of easement legal descriptions and exhibits) for the Pacific Highway South (PHS) HOV Lanes Phase V — S 340th Street to S 3591 Street project. Plans will be prepared in accordance with Lakehaven Utility District (Lakehaven) design standards as summarized and itemized in the Lakehaven's plan review checklist. Contemplated improvements included under this scope, subject to review by the City and Lakehaven, include the following: Water a. Remove and dispose approximately 2,700 -LF of 8 -inch Asbestos Cement (AC) main, and replacement with 8 -inch Ductile Iron (DI) main (STA 26 +60 to 52 +50 east side PHS). Relocation will be in accordance with the criteria outlined below in paragraph "n," at a minimum. Consultant will evaluate with Lakehaven the feasibility of not installing a water main on the east side of PHS from S 351 St Street to S 352nd Street including fire flow requirements for affected properties. b. Install approximately 630 LF of 8 -inch DI water main along the east side of PHS from the existing terminus near S 356th Street extending south to S 359th Street (STA 17 +65 to 23 +95). The extension will be in accordance with the criteria outlined below in paragraph "n," at a minimum. c. Remove existing pressure reducing valve (PRV) vault on the east side of PHS near S352 nd Street and install new PRV on the west side of PHS. The new PRV will utilize an existing 8 -inch DI crossing of PHS and approximately 400 LF of new 8- inch DI along the west side of PHS between S 351 St Street and an existing cased crossing of PHS to the south (STA 38 +00 to 42 +00). PRV location on the west side and and decommissioning and removal sequence of the existing PRV will be determined through collaboration between the Consultant and Lakehaven. Pacific Highway South HOV Lanes Phase V Page 5 November 2014 25 Consultant will provide easement legal description and exhibit if necessary to support the selected PRV location. d. Potential 130 LF extension to north from existing cased undercrossing at 35200 PHS to the planned S 352nd Street intersection with lateral to the east for future extension in S 352nd Street. e. Potential removal and disposal of approximately 100 LF 10 -inch AC in steel casing at S 344th Street, and replacement with 12 -inch DI, and potentially including replacement of 14x10 tee and 10 -inch gate valve with a 14x12 tee and /or 12 -inch gate valves on each side of undercrossing f. Install two (2) 16 -inch and one(1)8-inch gate valve at the new tee on the west side of PHS at S 351St Street. g. Install a new 12 -inch DI crossing of PHS north of S 348th Street at a location determined by the District. The Consultant will prepare plans and specifications for a cased undercrossing if determined necessary by the City and /or Lakehaven. Depending on the location and geometric constraints, design may provide for replacement of existing 14 x 8 tee on the west side of PHS with a 14 x 12 cross, the addition of a 14 -inch gate valve, and 12 -inch gate valves at the connections to the existing water mains on each side of PHS. h. Relocation of fire hydrants in and estimated 25 locations affected by construction of the roadway improvements (new fire hydrant assemblies, exclusive of hydrants which are to be reused), and addition of fire hydrants along the project corridor as determined by Lakehaven in consultation with South King Fire and Rescue (SKFR). At a minimum, relocations of the fire hydrants need to be reviewed and potentially revised to meet clearance, access, and SKFR requirements. Relocation and /or modification of water service connections and meters in an estimated 35 locations affected by construction of the roadway improvements within the project limits. j. Plans will also provide provisions for removal of 4 -inch and 6 -inch lateral stubs and replacement with 8 -inch lateral stubs to re- connect laterals affected by water main replacement. k. Identification of water valve adjustments to finished grade throughout the project limits. Pacific Highway South HOV Lanes Phase V Page 6 November 2014 V11 Adjustment, relocation, extension, and /or replacement of water mains and valves as confirmed necessary in conjunction with replacement and /or relocation of the mains identified above, or to accommodate roadway and drainage system improvements. Standard minimum cover depth may be revised to four (4) feet to better accommodate laterals and other utility improvements with additional cover or casing as determined by the City and /or Lakehaven at intersections. m. Provisions for temporary water service in project specifications. n. The location of new or replacement water mains will consider, at a minimum, the AC water main locations and utility separations achieved with the City's Phase 1 PHS HOV Lanes project immediately to the north of the current project, the location of existing and the use of DI pipe for the current project, standard valve dimensions, requirements for maintaining and reconnecting existing services, Lakehaven's ability to accommodate requests for new or modified service connections relative to the City's pavement repair / mitigation requirements, Lakehaven's utility separation standards, the preference for maintaining a straight alignment between valves, and the ability to accommodate minor vertical and horizontal deflections. Consultant is advised that the City and Lakehaven may consider mitigating conditions for separations less than published minimum standards. Relocations, if determined necessary due to unavoidable obstructions or constraints, or inability to accommodate a non - standard separation, should be based on the following potential considerations and options, in order of preference: Main is accessible without disrupting roadway pavement. Place under sidewalk, with back of sidewalk location preferred. iii. Use vertical or horizontal deflections to limit relocation requirements. Maximum main depth (cover) of five (5) -feet, except at discrete locations on a case -by -case basis. iv. Six (6) feet from curb face. V. Avoidance of wall foundations or influence zones. vi. Avoidance of wall undercrossings or tiebacks / goeogrid reinforcement zone. vii. Alignment adjustments between valves will be avoided, and limited to the extent practical. Restrained joints will be used in lieu of thrust blocks or Pacific Highway South HOV Lanes Phase V Page 7 November 2014 27 restraints for time savings and reduction of impacts from or to proximate utilities. viii. The Consultant will provide an preliminary alignment plan for relocated sections of main for review, comment, and approval by Lakehaven Utility District. The approved alignment plan will be used as the basis for final facility design. o. The Consultant shall identify the location for removal and disposal of existing abandoned water main within the right of way corridor. Locations will be based solely on as built information provided by Lakehaven. No field verification is anticipated. Anticipated removals occur at the following locations: Approximately 3,320 LF of out of service 6 -inch steel water main between S 348th Street and the north project limits as well as the east west crossing of PHS at S 348th Street (Ref CRD W1579, 1578, 0302, 1610, and). Approximately 100 LF of 4 to 6 -inch AC at lateral connections, exclusive of removal of fire hydrant assemblies and laterals associated with relocated fire hydrant assemblies. iii. Approximately 300 LF of 4 to 6 -inch wood water main south of S 348th Street (Ref CRD 1598). Sewer a. Identification of nature and extent of sewer manhole adjustments to finished grade throughout the project limits. b. Correction of plans as noted above, and to reflect previous review comments. c. No conflict analysis is anticipated for side sewers unless data is provided by Lakehaven. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. Task 17.1 - Project Management Work under this task includes time to execute this amendment, prepare associated invoicing and progress reports, plan and schedule the work, plan for and execute QA/QC, and coordinate with the City and Lakehaven. This task assumes the design phase, including reviews by LUD, will last 10 months. Pacific Highway South HOV Lanes Phase V Page 8 November 2014 28 Task 17.2 - Record Research and Preliminary Alignment Plan The CONSULTANT shall review existing utility records and prepare a preliminary alignment scroll plan for review and comment by Lakehaven. The approved alignment will become the basis of design for the final design tasks below. Task 17.3 - Waterline Plan and Profile Sheets The CONSULTANT will prepare up to sixteen (16) water facility plan and profile sheets, consistent with the project limits, to show the relocations, installations and adjustments required. Plan and profile sheets will conform to the plan preparation requirements set forth in Lakehaven's Plan Review Checklist. Plans scale and match lines will conform to the City's plan sheets. The plan view will include existing base mapping, existing utilities, proposed curb and gutter and proposed drainage facilities, and other available utility information, including locations of luminaires, landscaping and irrigation improvements, retaining walls with associated foundation /structural earth reinforcement. In addition, horizontal alignment information, existing and relocated hydrant and valve locations and types, locations of existing and relocated service connections including water meters and fire service lines, and all demolition and abandonment callouts will be shown on the plan sheets. Minimum clearance requirements will be called out at critical locations adjacent other utilities, including storm drainage facilities. The full -sized scale shall be 1" = 20'. The profile view will be at 1 " =20' horizontal scale and 1 " =5' vertical scale. Each sheet will show the existing and proposed ground; and pipe elevation (top or bottom of pipe for water main, and invert elevations for sanitary sewer) information for the existing and proposed water mains at critical locations, specifically at utility crossings, including storm drainage facilities, and existing sanitary sewer mains. Minimum clearances will be identified with callouts at utility crossings, or in a separate crossing table. Existing waterline information will be based on pothole and measure down data determined in task 17.5. Existing and proposed utility crossings will be shown as ellipses in the profiles. Temporary water service plan and criteria to minimize shutdowns will be prepared in collaboration with Lakehaven. Plans will include a sequencing plan and /or narrative for water main construction, including PRV valve decommissioning, removal, installation, and commissioning, and temporary water mains and service connections consistent with the proposed sequence plan and narrative. A table of service connections will be provided on the plan sheets. Service and meter sizes will be provided by Lakehaven. Pacific Highway South HOV Lanes Phase V Page 9 November 2014 M All work associated with the water system facilities will be shown on these 'stand- alone' plans and profile sheets. Any references to the water system facilities on the City's roadway plans will be edited to reference these documents. Task 17.4 - Water Line Detail Sheets The CONSULTANT will prepare one detail sheet for details not covered in WSDOT's Standard Plans or in Lakehaven's Water System and Sewer System Standards. Pertinent details from these "Standard Plans" sources will be included as an appendix in the contract specifications. Task 17.5 -Field Investigation and Legal Descriptions The finished grade elevations of the sewer manholes within the project limits will be adjusted. The Consultant shall perform a survey to determine the manhole as- constructed information, including manhole interior diameter, cone section (base diameter, height), cone orientation, ladders, and number and sizes of adjustment rings. Invert elevation at center of structure and the size and orientation of connecting pipes will be surveyed. Manhole information will be collected based on surface observation without entry into the structures. Surface elevation of water valves will be surveyed and measure downs performed from the surface to the top of valve operating nut will be surveyed by the Consultant to assist with determining existing depth. Dimensions from top of operating nut to invert of existing pipe will be based on a standard manufacturer valve table unless other information is provided by Lakehaven. Potholing, if required, will be performed by Lakehaven with locations surveyed by the Consultant and incorporated into the project base map information. The Consultant shall prepare a legal description and exhibit for Lakehaven's use in securing an easement for the selected PRV location if necessary. Task 17.6 - Sewer Manhole Adjustments Based on the information collected in task 16.4, the Consultant will describe the work included to bring each sewer manhole to grade (which may include removal and /or replacement of cone sections, extensions, and /or risers. This information will be shown on the roadway plans and quantified in the appropriate bid schedule. Pacific Highway South HOV Lanes Phase V Page 10 November 2014 30 Task 17.7 - Specifications The CONSULTANT will prepare special provisions for construction of the water system facilities and sewer manhole adjustments per Lakehaven Standards and as required to meet federal funding requirements. Special provisions shall supplement WSDOT's 2014 Standard Specifications. The water system facilities and sewer manhole adjustment bid items will be included as a separate bid schedule. Task 17.8 - Opinion of Cost The CONSULTANT will prepare a 85 %, 100% and final opinion of cost for the work described. The breakdown of items shown in the opinion of cost shall be of sufficient detail for inclusion in the project bid documents. Adjustment of Lakehaven facilities located within easements converted to City Right of Way will be itemized on Schedule A and associated costs will be the City's responsibility. Management Reserve Lakehaven may require additional services of the Consultant in order to advance the project through bid document preparation and construction. The scope of these services will be determined based on the unanticipated project needs or other considerations at the sole discretion of Lakehaven. This work may include additional design, right of way, construction services as well other items which were not anticipated with the development of this scope of work. These services will be authorized by Lakehaven under management reserve. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. SCHEDULE: The City's roadway design is approaching the 85% design level. The CONSULTANT will commence work on the water line design immediately upon receipt of a notice to proceed from the City of Federal Way (note that this requires that Lakehaven Utility District provide a notice to proceed to the City through the Interlocal Agency Agreement). The 85% PS &E will be delivered to the City and Lakehaven twelve weeks after the CONSULTANT receives this notice to proceed. Pacific Highway South HOV Lanes Phase V Page 11 November 2014 31 2. The City and Lakehaven will review the 85% PS &E and return comments back to the CONSULTANT no more than 3 weeks after submittal. 3. The Consultant will incorporate comments and prepare 100% Plans concurrent with the 100% Roadway Project submittal. 4. The City and Lakehaven will review the 100% PS &E and return comments back to the CONSULTANT no more than 3 weeks after submittal. Comments received after this date may not be incorporated into the Final Contract Documents without a contract modification. 5. Final PS &E submittal will be prepared approximately 3 weeks after comments are received from the City and the District. DELIVERABLES: The CONSULTANT will assemble and provide the following items to the City: 1. The Consultant shall prepare a preliminary alignment scroll plan and meet with the District to confirm the scope for final design. Modifications noted by the District will be addressed in the 85% submittal. 2. The CONSULTANT will submit at 85% and 100% stage of completion, two copies each of the half -sized plans, full -sized plan sheets, and special provisions for review and comment. 3. Two (2) sets of full -sized bond prints of "Final" water and sewer plans (Lakehaven schedule only). 4. Two (2) sets of half -sized bond prints of "Final" Water and Sewer Plans (Lakehaven schedule only). 5. Two (2) sets of camera -ready hard copy special provisions which cover the water - related elements of the project only. 6. One (1) computer disk for the plans of the water line elements of the project in AutoCAD format. 7. One (1) computer disk for the water line special provisions in Microsoft Word format. Pacific Highway South HOV Lanes Phase V Page 12 November 2014 32 ASSUMPTIONS: 1. Utility record drawings are not included in this scope and fee because construction services are not included in this contract. 2. Existing asbestos - cement (AC) water main to be removed shall be included as a separate bid item and appropriate hazardous waste specifications will apply. 3. Lakehaven shall provide the Consultant, in a timely manner, Lakehaven's standard documents for public works contracts, including standard plans. Unless otherwise specified, these standard documents shall be suitable for inserting into the bid documents without revision. 4. Lakehaven shall obtain all necessary approvals and /or new /revised utility service, and pay all fees connected therewith. 5. Lakehaven' representative with respect to services to be rendered under the Agreement shall be as designated by Lakehaven's Engineering Manager. 6. Lakehaven shall coordinate with the City of Federal Way to receive the required number of sets of final Contract Documents. 7. Lakehaven shall pay all permit fees necessary to complete the work described in this scope of work. 8. No conflict analysis has been completed or is anticipated for side sewers unless data is provided by Lakehaven. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. 9. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, the CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore the CONSULTANT makes no warranty that Lakehaven's actual project costs, financial aspects, economic feasibility, or schedules will not vary from the Consultant's opinions, analyses, projects, or estimates. Pacific Highway South HOV Lanes Phase V Page 13 November 2014 33 Exhibit B Estimated Costs Pacific Highway South HOV Lanes Phase V South 340th Street to S359th Street ESTIMATED PRE - DESIGN, DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING LAKEHAVEN UTILITY DISTRICT UTILITY RELOCATION AND ADJUSTMENTS ESTIMATED PRE - DESIGN COST Estimated pre- design costs for Lakehaven utility relocations ESTIMATED DESIGN COST Estimated design costs for Lakehaven utility relocations (KPG, Inc.) ESTIMATED CONSTRUCTION COSTS Subtotal Construction Sales Tax @ 9.5% of Construction Cost Subtotal Construction Including Sales Tax Construction Contingency (10% of Construction cost.) Construction Management (15% of Construction cost.) ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COST (Predesign, Design & Construction) Project Administration (5% of project cost) TOTAL ESTIMATED COST $0.00 $220,000 TBD TBD TBD TBD TBD TBD $220,000 $ 11,000 $231,000 Note: The Agreement will be amended to include amounts to be determined ( "TBD'), including estimated construction, and project administration costs when the estimates have been prepared. Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's utility relocation portion for reimbursement to the City. KASTREETS \PROJECTS \SR99 Phase V\Lakehaven \ILA \ILA Agrement.doc Pacific Highway South HOV Lanes Phase V Page 14 November 2014 34 W F- _m 2 X LU LU Q U) W LU W LL 0 Z Q O Y �) U U U CY� Y � W LA,C U � <u b CU ♦ rl C a� O d 3 a� N c R > U (D Y � y t O vi d O .. R N C J L d Y R O L L = V) y � � Y O J 3 T O « N O r R L O R y 2 y �o ar_i u- = M E O V w w Q. 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M co a� u, c .� W O OV O (O co (d N �w d U O) C (Vp N W V V V V 0 N R a` g (a � c 0 E C C O y Q) @ O C a c <n o Q C R �U) O C la u a o o 0 a) o E CD F- O Q a V = 6 D N O N D E N @ R J V C 'm N m "a (d W Otn O N o0 c ° 0 @ M o c c c >@ N w_ y E V O .V .L N -p VU 'g E E E V>; W L A S S Il U) (f) O of aY a Y `O N� �� 3 R r 'Q O rn O co O M r fA !H f0 O N 3 d c C Cd C N 0 R C R m (D V W o N Y CII I 0 N O A, M ti N N O II Ln O II NII OWII ItII it 0 O I II N co CY) co Q. MII NII CII W W U- 0 LU Q F- v7 W J Q O > CL B CL Z � Q N C > J > _ U O = J O This page left blank intentionally. IFV COUNCIL MEETING DATE: November 18, 2014 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LITTER CONTROL SERVICES AGREEMENT WITH VADIS FOR 2015 -2016 POLICY QUESTION: Should the City enter into a new maintenance agreement with Vadis for litter control services for 2015 -2016? COMMITTEE: Land Use and Transportation MEETING DATE: Nov. 3, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rob Van Orsow, SW &R Coordinator- DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated November 3, 2014 and proposed Litter Control Services Agreement. Options Considered: 1. Authorize entering into a new litter control services agreement with Vadis for 2015 -2016. 2. Do not enter into a new litter control services agreement with Vadis for 2015 -2016. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the N Council Consent Agenda for approval. MAYOR APPROV CHIEF OF STAFF: Initial /Date // Initial /Date Initial (DIRECTOR APPROV L/ 18, 2014 City COMMITTEE RECOMMENDATION: �orward Option I to the November 18, 2014 City Council Consent Agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: "I move approval of the Litter Control Agreement with Vadis, effective January 2015 through December 2016, with a total compensation of $108,605, and authorize the Mayor to sign said agreement. " (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 — 08/12/2010 RESOLUTION # K: \C0UNCIL \AGDBILLS\2014 \I 1 -18 -14 Litter Control Contract - Vadis.doc 37 CITY OF FEDERAL WAY MEMORANDUM DATE: November 3, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director Rob Van Orsow, Solid Waste & Recycling Coordinator SUBJECT: Litter Control Services Contract with Vadis for 2015 -2016 Vadis is a non - profit agency dedicated to employment services for people with disabilities. City litter control services have been provided by Vadis for over twenty years. Vadis employs a dedicated crew providing litter control services in the right -of -way four days each week. This work crew features developmentally disabled staff focused on cleaning specific routes where litter is prevalent. Vadis provides supervision, insurance, safety equipment, and a vehicle to transport the crew. The Solid Waste & Recycling Division covers basic operational costs including litter disposal and equipment like gloves and litter bags. Vadis provides similar services for the Cities of Auburn and SeaTac. The City benefits by having cleaner streets; society benefits through enabling supported employment; and the Department benefits by avoiding diversion of maintenance staff to these litter control duties. Vadis has operated without a compensation increase during the past eight years, and over that time costs have increased for insurance, operations, wages, and overhead. The Division anticipated a compensation increase for this new contract, so additional funding was requested in the 2015 -2016 budget. The attached contract for 2015 -2016 provides a 7% increase (an additional $3,500) in compensation for 2015. The new contract also includes an annual adjustment provision that links compensation to an inflation index. This will allow for more gradual compensation adjustments in the coming years. The City negotiates directly with Vadis to arrange for these ongoing litter control services, as there is no other agency quite like Vadis with its devoted supervisory staffing and litter control know -how. The City Attorney's Office has provided an opinion that the services provided by Vadis do not constitute a public works project as defined in RCW 39.04.010, and therefore these services are not subject to competitive bidding or prevailing wage requirements. The attached agreement includes the U.S. Department of Labor Certificate that provides Vadis with the ability to compensate employees at special wage rates. The Solid Waste & Recycling Division provides primary funding and supplies for litter control services in the City, with additional funding from the Surface Water Management program. cc: Project File Day File Attachment: Proposed Agreement with Vadis for Litter Control Services K: \LUTC\2014 \11 -03 -14 Litter Control Contract with Vadis.doc 38 ` CITY OF HALL 3332 5 8th Avenue South Federal Way, WA 98003 -6325 Fe d e ra I Way 3332 (253)835 -7000 wewv cr�yoffederalway com PUBLIC WORKS MAINTENANCE AGREEMENT FOR LITTER CONTROL PROGRAM This Public Works Maintenance Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Vadis, a non - profit Washington corporation ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: VADIS: Christopher Christian Executive Director 1701 Elm Street East, Sumner, WA 98390 -2112 (253) 863.5173 (telephone) (253) 863.2040 (facsimile) The Parties agree as follows: CITY OF FEDERAL WAY: Solid Waste & Recycling Coordinator Public Works Department 33325 8t' Ave. S. Federal Way, WA 98003 -6325 (253) 835.2770 (telephone) (253) 835.2709 (facsimile) 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2016 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Work "), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used — rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to con gaFt any defects within seven (7) calendar days of its receipt PW MAINTENANCE AGREEMENT - 1 - Rev. 6/2012 ` CITY OF CITY HALL Fe d e ra I Way (253) 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www. &Wffederalway corn of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Contract, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B ", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further re5 ves its right to deduct these additional costs incurred to PW MAINTENANCE AGREEMENT - 2 - . Rev. 6/2012 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. atyoffederalway com complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 4.6 Bond. Pursuant to RCW 39.08 and RCW 60.28, Contractor shall post a bond in favor of the City, in the form attached to this Agreement as Exhibit "C" and incorporated by this reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; to insure payment of Contractor's state sales tax; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Agreement shall not be limited to the dollar amount of the bond. The bond shall not be released until the City has received all applicable documentation from the state and all outstanding claims filed pursuant to RCW 39.08 and RCW 60.28 have been resolved. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence.. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, dients, representatives, and sub- contractors harmless from PW MAINTENANCE AGREEMENT -3 - Rev. 6/2012 ` CITY OF CITY HALL �... 33325 8th Avenue South Federal Way, WA 98003 -6325 Fe d e ra I Way (253) 835 -7000 www atyoffederahvsy. coin any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "D" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. PW MAINTENANCE AGREEMENT 42 - 4 - Rev. 6/2012 ` c17v of CITY HALL Federal Way 33325 8th Avenue South Ak m� Federal Way, WA 98003 -6325 (253) 835 -7000 www.c tWoffederalwaycam 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and PW MAINTENANCE AGREEMENT -5- Rev. 6/2012 ` CITY of CITY HALL 33325 '�....., 8th Avenue South Federal Way, WA 98003 -6325 Fe d e ra I Way (253) 835 -7000 wvw cooffederaMoy com shall be subject to the City's general right of inspection to secure satisfactory completion thereof. 10.4 Prevailing Wages. 10.4.1 Wages of Employees. Pursuant to RCW 49.46.060, Contractor's workers shall be compensated in accordance with the Contractor's Certificate No. 09- 03727 -S -057 Authorizing Special Minimum Wage Rates under Section 14(c) of the Fair Labor Standards Act. A facsimile of this Certificate is attached as Exhibit "C" to this Agreement. 10.4.2 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. 10.4.3 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non - discrimination.' 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent v4i4h the authority of the Agreement and compliant with the PW MAINTENANCE AGREEMENT - 6 - Rev. 6/2012 ` CITY OF CITY HALL � Way 33325 8th Avenue South Federal Way, WA 98003 -6325 Fe d e ra I (253) 835 -7000 www. cootfederahvay. com terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Parry. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement maybe executed in any number of counterparts, each of which 1} all be deemed an original and with the same effect as if all PW MAINTENANCE AGREEMENT - 7 - Rev. 6/2012 CITY OF .L Federal Way CITY HALL 33325 8th Avenue South Federal Wady, WA 98003 -6325 (253) 835 -7000 wwwcnWfiedp-ralw .com Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] 46 PW MAINTENANCE AGREEMENT - 8 - Rev. 6/2012 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cifyoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Jim Ferrell, Mayor DATE VADIS Christopher Christian, Executive Director DATE STATE OF WASHINGTON ) ) ss. COUNTY OF ) ATTEST: City Clerk, Stephanie Courtney, CMC APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature Notary's printed name PW MAINTENANCE AGREEMENT CV1 M 20 Notary Public in and for the State of Washington. My commission expires Rev. 6/2012 CITY OF Federal Way EXHIBIT "A" SERVICES The Contractor shall do or provide the following: CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www caW federalway com Vadis ( "Contractor ") will provide the City of Federal Way with five (5) individuals ( "workers ") and a minimum of one supervisory staffer ( "supervisor ") to work four (4) days per week: Monday, Tuesday, Thursday and Friday, six (6) hours per day throughout the duration of the contract. Vadis shall perform tasks to completion between the hours of 9:00 a.m. and 3:00 p.m. The supervisor will supervise and otherwise assist the individuals in their daily work performance, transport the individuals to their designated work areas, and coordinate work activities and scheduling with the City on a daily or weekly basis as needed, and fulfill other supervisory duties as outlined herein. Vadis will provide, maintain, and operate a motor vehicle to transport workers, and will provide the City with proof of liability insurance. Specific Tasks. 1. Streets, City Property, and Right of Way. Vadis will collect and remove litter, trash and debris from the shoulders of City Right of Way (including but not limited to streets, roads, alleys, paths and parkways), public parking lots, and other designated areas. However, the tasks to be performed may be changed by the City's Streets Maintenance Supervisor at the City's discretion to meet changing needs. Vadis will also collect and remove litter, trash, recyclable materials and debris from City Parks, trails, open space areas, sidewalks, designated bus stops (including emptying and re- lining specified trash and recycling containers), and other City facilities as needed. Vadis will prepare recyclable materials to meet market specifications and remove contaminants as needed. 2. Equipment. Vadis may be assigned to wash and clean designated City vehicles and equipment. Storm Water Drainage and Facilities. Vadis may be assigned to collect and remove tree leaves and limbs, trash, and other debris from the top of storm water catch basins and from the sidewalk curbs and gutters. Vadis may be assigned to perform debris removal from the perimeters of storm ponds on an as needed basis. 48 PW MAINTENANCE AGREEMENT -10- Rev. 6/2012 ` CITY OF CITY HALL �.. 33325 8th Avenue South Federal Way, WA 98003 -6325 Fed a ra I Way (253} 835 -7000 www . cooffederatway corn 4. Job Assignment Priorities. Task assignments are subject to change and prioritization by the City Public Works Director or their designee. Vadis supervisor shall examine all work sites thoroughly before commencing work at the site. It shall be the responsibility of the Vadis supervisor to verify that the duties, assignments, and job sites meet the capabilities of the workers. All existing conditions at the job site will be noted and copies with verification noted, given to the City's Streets Maintenance Supervisor on a daily basis. Responsibilities of Parties. Contractor Duties. Contractor will be responsible for the following: a. The performance of all work as provided under this Agreement with its own employees. Individuals who perform work under this Agreement must be carried on Contractor's payroll. Contractor is responsible for administering and paying employee wages, benefits and all other employee- related costs. b. Although the Contractor's company headquarters may be located outside of Federal Way, Washington, Contractor shall provide in the Federal Way geographical area a full -time administrator who will continuously oversee Contractor employee, supervisor, and worker - related staffing levels, transportation, and general duties, and will have authority to represent Contractor in managing day -to -day activities. C. The supervisor must be trained in traffic control and must possess a "Traffic Control Flagging License" certified by the State of Washington. The Contractor will provide proof of this documentation, along with the supervisor's name and mobile telephone number to the City's Street Maintenance Supervisor at the beginning of the contract period, and whenever a substitute or replacement supervisor is appointed. d. Contractor shall prohibit its employees from disturbing the papers on desks, opening desk drawers and cabinets, entering any restricted areas (for example, the central store area), or using City telephones or office equipment. e. Contractor is responsible for the security of City facilities where assigned tasks are performed as well as tools, equipment, safety gear, traffic control devices and any other items which may be supplied by the City for Contractor's use in the performance of contractor's duties. No equipment or supplies will be removed from City premises except as required for the performance of assigned duties. f. Contractor shall provide Accomplishment Reports the City's Street Maintenance Supervisor on a weekly basis and upon request by the City. PW MAINTENANCE AGREEMENT 49 - I 1 - Rev. 6/2012 ` CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 Federal Way (253)835 -7000 www. cou federahvay.. com g. Contractor shall provide, operate, and maintain a motor vehicle to transport its employees to and from the designated work sites. Contract's vehicle shall be identified with signs and equipped with safety warning lights, strobe light and emergency flashers. h. Contractor shall provide rain gear, foul weather gear, and footwear as required, and clothing as needed for its employees. i. Contractor and employees shall collect the litter, trash and debris in bags and deposit them in a designated dumpster provided by the City at a location to be specified by the City. Contractor shall also collect needed operating tools, supplies, and work orders from such locations as designated by the' City. j. Contractor shall follow accepted safety practices in the performance of all work. After every work shift of litter clean-up and other assigned tasks, the following shall be done: the work areas shall be inspected for fire or other safety hazards; designated electrical or power machines and/or equipment shall be turned off, outside doors and windows closed and locked as needed; gates closed and locked as needed; and all miscellaneous work tools and equipment shall be inspected, cleaned, and stored properly. 2. City Duties. City will be responsible for the following: a. The City shall supply litter bags to Contractor to use for collecting litter, trash and debris. b. The City shall supply traffic control devices, (i.e. signs and traffic cones) to Contractor so Contractor can place the traffic devices at work sites(s) to protect its employees while performing services under this contract. The City shall also provide hard hats and reflective traffic vests. C. The City shall supply maintenance equipment and hand tools as needed for the Contractor to perform specified duties. d. The City shall provide Contractor and its supervisor a copy of the daily work assignment and any change notices to use as a basic guide for the distribution of work each week. The work assignments may change as deemed appropriate by the City, with details changes provided to Contractor or its supervisor as needed. The City shall determine the priority to be given the various work assignments. The City shall verify that all work is performed as scheduled. At the end of each month, the City shall note all work as either (S) Satisfactory or (U) Unsatisfactory. If any work has been rated (U), the City shall contact Contractor to discuss the deficiency and action necessary to correct the deficiency. 50 PW MAINTENANCE AGREEMENT - 12 - Rev. 6/2012 CITY OF CITY HALL .._. 8th Avenue South Feder Federal Way, WA 98003 -6325 Fe d e ra 1 Way (253) 835 -7000 www ct"frederalway corn EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed Fifty -three Thousand, Five Hundred no /100 Dollars ($53,500.00) during the first year of this agreement from January 1, 2015 through December 31, 2015. This annual compensation, plus an estimated 3% inflation adjustment, is added for calendar year 2016, making the total compensation available for the two -year term One- hundred and eight Thousand, Six Hundred, Five and no /100 Dollars ($108,605.00). 2. Method of Compensation: During the first year of this agreement, the maximum annual compensation available to the Contractor is $53,500.00, or $4,458.00 per month. Contractor compensation will be based in part on attendance of the five workers that make up the crew. Worker attendance will determine compensation based on the following: for each "worker -day" absence in a given month, Contractor compensation will be reduced by $30.00. The $30.00 figure is based on information provided by the Contractor, and approximates the average compensation provided to a worker during a six -hour period. Contractor will report the number of "worker -day" absences on a daily basis on the Accomplishment Reports provided to the Public Works Department's Street Maintenance Supervisor or designee. Contractor shall provide monthly invoices which account for the total "worker -day" absences in a given month, by deducting $30.00 for each "worker -day" absence from the baseline monthly compensation of $4,458.00 per month. Contractor is scheduled to work all regularly scheduled business days, with the exception of Wednesdays, City - observed holidays, and weekends. Any scheduled work days that are not worked by Contractor will result in a $150.00 deduction in compensation per occurrence, based on the standard crew of five workers at $30.00 per "worker- day." When Federal Way Public Schools issues a public announcement of district -wide school closure due to inclement weather, Contractor will not report to work that day, and Contractor will deduct $150.00 per day from the monthly invoice for each such day. However, should Contractor be instructed by the Public Works Department's Street Maintenance Supervisor or designee while already performing work in the City on a scheduled work day to cease performance of tasks due to inclement weather, it shall result in an excuse from scheduled tasks for the remainder of that day with no deduction in compensation. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment. 3. Annual Compensation Adjustment: The Contractor's monthly compensation shall increase or decrease once every year by the percentage change in the Consumer Price Index CWURA423SAO for the Seattle - Tacoma- Bremerton Metropolitan Area for Urban Wage Earners and Clerical Workers, all items (Revised Series) (CPI -W 1982 -1984) prepared by the United States Department of Labor, Bureau of Labor Statistics, or a replacement index (the "CPI Index "). Compensation shall be adjusted once annually, beginning January 1, 2016. The Contractor shall submit to the City for review and approval a Compensation Adjustment Statement, calculating the compensation for the next PW MAINTENANCE AGREEMENT - 13 - Rev. 6/2012 ` CITY o F CITY HALL �.. 33325 8th Avenue South Fe d e ra I Way Federal Way, WA 98003 -6325 (253) 835 -7000 www atyofiederahvay corn year using the percentage change in the CPI Index for the most recent twelve (12) month period ending on August 30th. The Contractor's calculation shall be provided to the City no later than November 1 st of each year, and the City shall have thirty (30) days to confirm the Contractor's calculation. The adjusted monthly compensation amount shall then take effect January 1 st. PW MAINTENANCE AGREEMENT - 14 - Rev. 6/2012 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www c/tyoffederatway com EXHIBIT "C "U.S. DEPARTMENT OF LABOR CERTIFICATE U.S. Department of Labor Wage and Hour Division National Certification Program .314 230 South Dearborn Street, Room 514 Chicago, Illinois 60604 CERTIFICATE AUTHORIZING SPECIAL MINIMUM WAGE RATES UNDER SECTION 14(c) OF THE FAIR LABOR STANDARDS ACT Certificate Number. 09- 03727 -S -057 VADIS 1701 ELM STREET SUMNER, WA 98390 For Branch Location: VADIS 1701 ELM STREET Sumner, WA 96390 Type of Certificate: Community Rehabilitation Program (Work Center) 43 This special certificate authorizes the employment of workers with disabilities in accordance with the requirements of 29 CFR Part 525, effective 07/0112013. This certificate will remain in effect until 06130/2015 provided that all applicable provisions of the Fair Labor Standards Act, the Walsh - Healey Public Contracts Act, the McNamara -O'Hara Service Contract Act, and the Contract Work Hours and Safety Standards Act and the regulations issued pursuant thereto are fully complied with. If an application for renewal has been properly and timely filed with the Wage and Hour Division prior to 06130/2015, this special minimum wage certificate will remain in effect until the application for renewal has been granted or denied. The enclosed certificate does not constitute a statement of compliance by the Department of Labor nor does it convey a good faith defense to the employer should violations of the Fair Labor Standards Act, the Walsh - Healey Public Contracts Act, the McNamara-O'Hara Service Contract Ack or the Contract Work Hours and Safety Standards Act occur. Please contact the following Wage Specialist should you have any questions regarding the issuance of this certificate: Name of wage specialist: Jahn Ferrfn Phone: 312 - 789 -2934 See the reverse of this certificate and the applicable regulations for further information. NOTICE TO WORKERS WITH DISABILITIES PAID AT SPECIAL MiNIMUM WAGES The Fair Labor Standards Act (FLSA) provides that workers with disabilities whose disabilities impair their ability to perform the type of work being done in the establishment may be employed at wage rates below the minimum otherwise required by the FLSA. Such employment is permitted only under certificates issued by the Department of Labor and must reflect the productivity of the individual worker as related to the productivity of a worker who does not have disabilities for the work being performed, and the wages being paid to experienced workers performing the same or similar work in the vicinity. Such wages are referred to as "commensurate wage rates." This establishment has a certificate authorizing the payment of commensurate wages to workers with disabilities. Workers who do not have disabilities for the work being performed, including workers who may otherwise have disabilities, must receive at least the statutory minimum wage. For purposes of payment of commensurate wages under a certificate, a worker with a disability is defined as an individual whose earning or productive capacity is impaired by a physical or mental disability, including those relating to age or injury, for the work to be performed. Disabilities which may, but will not necessarily, affect productive capacity include blindness, mental illness, mental retardation, cerebral palsy, alcoholism, and drug addiction. The following, taken by themselves, do not constitute disabilities for purposes of paying commensurate wages: educational disabilities, chronic unemployment, receipt of welfare benefits, nonattendance at school, juvenile delinquency, and correctional parole or probation. Each worker with a disability, and where appropriate, the parent or guardian of such worker, shall be informed orally and in writing by the employer of the terms of the certificate under which such worker is employed. Complaints or questions regarding the terms and conditions of employment under a certificate may be directed to the Wage and Hour Division, U.S. Department of Labor. Action will be taken to address an individual's concerns, including where appropriate, a formal investigation of the employer. Workers with disabilities paid at special minimum wages may also petition the Administrator of the Wage and Hour Division of the U.S. Department of Labor for a review of their wage rates by an Administrative Law Judge. No particular form of petition is required, except that it must be signed by the worker with a disability or his or her parent or guardian and should contain the name and address of the employer. Petitions should be mailed to: Administrator, Wage and Hour Division, U.S. Department of Labor, Room S -3502, 200 Constitution Avenue, N.W., Washington, D.C., 20210. Wage and Hour Representative: Title: Date Certificate Printed Sharlyn Simon National Certification Program Manager 02110/2014 PW MAINTENANCE AGREEMENT Form WH -228 Cert.ID: 178660 Rev. January 2002 53 -15 - Rev. 6/2012 `CITY OF Federal CITY HALL �� 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www crtyoffederahvey corn Page 2 1. COMMENSURATE WAGE RATES a. PIECE RATE PAYMENTS. Workers with disabilities (including patient workers in hospitals or institutions) employed on a piece rate basis must be paid not less than the prevailing piece rate paid experienced employees who do not have disabilities for the work to be performed engaged in essentially the same type of work in the vicinity. In the absence of established piece rates for similar work, time studies or other tests may be used to establish piece rates. b. HOURLY. RATE PAYMENTS. Workers with disabilities (including patient workers in hospitals or institutions) employed on an hourly rate basis must be paid wage rates at least commensurate with the prevailing hourly wage rate paid experienced employees who do not have disabilities for the work to be performed in the vicinity for essentially the same type, quality and quantity of work. 2. CONTRACTS SUBJECT TO THE McNAMARA- O'HARA SERVICE CONTRACT ACT. 1. This certificate extends authority to pay commensurate wages to workers with disabilities performing work subject to the McNamara- O'Hara Service Contract Act (SCA) but not less than the minimum wage rates specified below: a. MINIMUM WAGE. The SCA wage determination incorporated in a service contract with the Federal Government or the District of Columbia will specify the prevailing minimum wage rates and fringe benefits which are to be paid to each of the classes of service employees performing covered SCA contract work or work necessary to the performance of the contract. Workers with disabilities shall be paid commensurate wage rates based on the applicable SCA wage determination. b. FRINGE BENEFITS. All workers with disabilities who perform work on contracts subject to the SCA or who perform work necessary to the performance of the contract shall be paid fringe benefits in full as stated on the applicable SCA wage determination and in accordance with the provisions of 29 CFR Part 4. c. VIOLATIONS OF THE SCA PROVISIONS. Failure to comply with these SCA provisions may result in the withholding of funds to cover unpaid wages and debarment from future Federal contracts. d. COVERAGE OF OTHER EMPLOYEES. If a certificate holder is providing any services (other that linen supply service), subject to the SCA, those workers in the establishment in which the services are being performed who are not performing the service work must be paid in accordance with the applicable provisions of the FLSA. This holds true even where the non - service work would not otherwise be subject to the FLSA. Any questions regarding this requirement should be addressed to the nearest office of the Wage and Hour Division. 3. OVERTIME REQUIREMENTS. a. FAIR LABOR STANDARDS ACT (FLSA). Persons covered by this Act, unless exempt, shall be paid not less than ONE AND ONE -HALF TIMES THEIR REGULAR RATES OF PAY AFTER 40 HOURS OF WORK IN A WORKWEEK. b. WALSH - HEALEY PUBLIC CONTRACTS ACT (PCA). Persons covered by this Act, unless exempt, shall be paid not less than ONE AND ONE -HALF TIMES THEIR REGULAR RATES OF PAY AFTER 40 HOURS IN A WORKWEEK. c. McNAMARA- O'HARA SERVICE CONTRACT ACT (SCA). Persons covered by this Act, unless exempt, shall be paid overtime in accordance with the terms of the FLSA or the Contract Work Hours and Safety Standards Act (CWHSSA) for all hours worked over forty in a workweek. 4. RECORD KEEPING REQUIREMENTS. In addition to the records required by Regulations 29 CFR Part 516, each certificate holder shall keep those records required by Regulations 29 CFR Part 525.16, as applicable, including but not limited to: a. DISABILITY - showing the nature of the disability, of each worker employed at a commensurate wage. b. PRODUCTIVITY - showing the productivity of each worker with a disability or patient worker on a continuing basis or at periodic intervals (not to exceed 6 months in the case of workers paid hourly wage rates), including documents explaining how the productivity of the workers with disabilities not paid a piece rate is determined. c. PREVAILING WAGE RATES paid in the vicinity to experienced workers who do not have disabilities for the work to be performed (updated at least every 12 months). d. PRODUCTION STANDARDS and supporting documentation, including work measurements. 5. CHILD LABOR. Minors younger than 18 years of age must be employed in accordance with the child labor provisions of the FLSA. No person under 16 may be employed in manufacturing or processing or on a PCA contract. 6. COMPLIANCE WITH HIGHER STANDARDS. No provisions of this certificate shall excuse noncompliance with any other Federal, State, or local law or ordinance establishing higher standards. 7. REVIEW OR CANCELLATION. This certificate is issued without prejudice to the rights of any party to petition for review as provided in Regulation 29 CFR Part 525. The terms of this certificate may be amended for cause upon the request of the certificate holder, or worker with a disability or the parent or guardian of such worker or upon the initiative of the Administrator or the Administrator's authorized representative, This certificate is revocable by the Administrator or the Administrator's authorized representative for cause. B. EXPIRATION. This certificate will expire on the date indicated as will the employer's authority to pay special minimum wages to workers with disabilities unless an application for renewal is properly and timely riled with the Wage and Hour Division prior to the expiration date. If a renewal application is properly and timely riled with the Wage and Hour Division, the certificate will remain in effect until the renewal has been granted or denied. Form WH -228 Rev. January 2002 54 PW MAINTENANCE AGREEMENT -16- Rev. 6/2012 COUNCIL MEETING DATE: November 18, 2014 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO AMEND THE 2013 -2014 SWM INFRASTRUCTURE MAINTENANCE AND SERVICE CONTRACT (AG 13 -150) POLICY QUESTION: Should Council authorize the Mayor to amend the 2013 -2014 SWM Infrastructure Maintenance and Service Contract (AG 13 -150), increasing the total compensation by $333,026.00 and extending the term until December 31, 2016 to allow for work performed in 2015 and 2016? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 3, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other S. Appleton, Deputy ..................._....................__._...._._....._ ......... .._.......................... l�. l�.._..........._......................_......_.._.......... .._..........................1� ... ..................................._.._................_.__....._....._ ... _._............... .... __._.. ........... .......... ................ . .................... .............. .._ .... . ......... _.__ ... _ .............. _................ Attachments: 1. LUTC Memorandum 2. Contract Change Order Agreement #2 Options Considered: 1. Authorize the Mayor to amend the 2013 -2014 SWM Infrastructure Maintenance and Service Contract (AG 13- 150), increasing the total compensation by $333,026.00 and extending the term until December 31, 2016 to allow for work to be performed in 2015 and 2016. 2. Do not authorize the Mayor to amend the agreement and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the November 18, 2014 City Council Consent Agenda f approval. MAYOR APPROVAL: 7 d '7l� DIRECTOR APPROVAL: omm' ee Co cil %01 ee CHIEF OF STAFF: Wt ly ic—om ee Council COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 18, 2014 City Council Consent Agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: " I move to authorize the Mayor to amend the 2013 -2014 SWM Infrastructure Maintenance and Service Contract (AG 13 -150), increasing the total compensation by $333,02600 and extending the term until December 2016 to allow for work to be performed in 2015 and 2016" (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— 08/12/2010 RESOLUTION # 55 CITY OF FEDERAL WAY MEMORANDUM DATE: November 3, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: William Appleton, P.E., Interim Deputy Public rks Director Marwan Salloum, P.E., Public Works Director SUBJECT: Contract Amendment — SWM Infrastructure Maintenance and Service BACKGROUND: On July 24, 2013, The City of Federal Way Surface Water Management Division entered into a contract with Everson's Econo -Vac through December 31St, 2014 for the SWM Infrastructure Maintenance and Service Contract AG 13 -150 to provide catch basin cleaning, jet rodding and routine circuit cleaning in an amount not to exceed $154,253.00. The contract was amended on March 26, 2014 to increase the total compensation by $150,563.00 to fund work to be performed in 2014. The contractor has agreed to a second extension of the contract until December 31, 2016, without any increase in the unit prices (as bid in the original Agreement and detailed in RFB 13 -107, Attachment B "Bid Form "). The total compensation will increase by $333,026.00 to cover the SWM budgeted amount of $166,513.00 for each year in 2015 and 2016. Everson's Econo -Vac has been providing this service to the City through previous contracts since 2003 and has proven to be reliable and proficient in surface water infrastructure maintenance. As a results, City staff believes Everson's Econo -Vac can successfully execute this contract extension to the City's satisfaction. AVAILABLE FUNDING: The 2015 and 2016 budget for the SWM Infrastructure Maintenace and Service Contract is $166,513.00 for each year for a total of $333,026.00. The contract is on a call -out basis only and will not overrun the not to exceed amount of $166,513.00 per year. cc: Project File Central File K:\LUTC\2014 \1 1 -03 -14 - EvERSONs CONTRACT EXTENSION.DOC 56 13 -150 PROJECT NUMBER CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT 2 CHANGE ORDER NUMBER Jan 1, 2015 EFFECTIVE DATE SWM — Infrastructure Maintenance and Service Eversons Econo -Vac Inc. PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: This Change Order No. 2 extends the term of the original contract by two years and increases the value of the contract by the 2015 -2016 budgeted amounts for programmed maintenance and service costs. The annual maintenance and service cost for 2015 and 2016 is $166,513.00 per year for a total cost of $333,026.00. The time provided for completion in the Contract is ❑ Unchanged ® Increased ❑ Decreased by 731 Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ® Yes ❑ No If "Yes" Will the Policies Be Extended? ® Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $333,026.00 DECREASE $ TOTAL NET CONTRACT: INCREASE $333,026.00 DECREASE $ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. CHANGE ORDER AGREEMENT 157 1 /10 DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER NEW CONTRACT AMOUNT CONTRACTOR'S SIGNATURE DATE JIM FERRELL, MAYOR DATE *Adjustments: $154,253.00 $150,563.00 $333,026.00 $637,842.00 CHANGE ORDER AGREEMENT �58 1/10 COUNCIL MEETING DATE: November 18, 2014 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Authorization to Apply for Freshwater Algae Control Program Grant Funding, Available Fiscal Year 2016 (July 1, 2015) POLICY QUESTION: Should Council authorize staff to apply for Department of Ecology Freshwater Algae Control Program Grant Funding, available fiscal year 2016 (July 1, 2015)? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 3, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Dan Smith, Surface Water Attachments: none DEPT: Public Works Options Considered: 1. Apply for Department of Ecology Freshwater Algae Control Grant Funding. 2. Do not apply for Department of Ecology Freshwater Algae Control Grant Funding. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the November 18, 2014 City Council consent agenda for apprpv.41. _ h MAYOR APPROVAL: CHIEF OF STAFF: Council APPROVAL: COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 18, 2014 City Council consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to submit grant application for Department of Ecology Freshwater Algae Control Program Grant Funding available fiscal year 2016 (July 1, 2015) ". (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— 08/12/2010 RESOLUTION # 59 CITY OF FEDERAL WAY MEMORANDUM DATE: November 3, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director Dan Smith, Surface Water Quality Program Coor mator SUBJECT: Authorization to Apply for Freshwater Algae Control Program Grant Funding, Available Fiscal Year 2016 (July 1, 201 S) BACKGROUND: Many lakes within Federal Way have experienced hazardous algae blooms (HABs) in recent years. Staff is requesting authorization to apply for Department of Ecology Freshwater Algae Control Program Grant Funding to implement a project to prevent or control excessive growth of freshwater algae, or to address the cause of algal blooms, in one or more city freshwater lakes. Applications are accepted October 1 through November 15, 2014. If a grant is awarded, funds would be available July 1, 2015. Eligible activities include: education and outreach; freshwater algae control and management; freshwater algae management plans; freshwater algae monitoring programs; freshwater algae pilot projects; freshwater algae research; freshwater algae sampling equipment; and nutrient reduction activities. Ecology gives funding priority to projects on lakes where harmful algal blooms have occurred within the past three years. The maximum grant amount for freshwater algae program grants is $50,000 ($66,667 total eligible project cost). Recipients are required to provide matching funds for Freshwater Algae Control Program grants. Projects will be funded at 75 percent state share and 25 percent local share. cc: Project File Day File 60 COUNCIL MEETING DATE: November 18, 2014 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT — ORDINANCE: Proposed amendments to the Federal Way Revised Code (FWRC) related to the siting of water park businesses in the City Center zoning districts. POLICY QUESTION: Should the City prohibit the siting of water park businesses as primary uses in the City Center -Core and City Center -Frame zoning districts? COMMITTEE: LUTC MEETING DATE: November 3, 2014 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Isaac Conlen ' Planning Manager DEPT: CD _._—..-._......__.._..__........_._.._ .......--- ._._._.- ._...._...... — ..__..._ ... _...._......_ .... — Attachments: 1) Staff Memo to the LUTC; 2) Draft Ordinance; 3) October 15, 2014, Staff Report to the Planning Commission with Exhibits A -E; 4) Draft Minutes of the October 15, 2014, Planning Commission Public Hearing Options Considered: 1) Adopt the Planning Commission's recommendation as shown in the Draft Ordinance; 2) Adopt the Planning Commission's recommendation as further amended by the LUTC; 3) Do not adopt the Planning Commission's recommendation. PLANNING COMMISSION'S RECOMMENDATION: The Planning Commission recommends prohibiting water park businesses as primary uses in the City Center- Core/Frame zoning districts, but allowing them as accessory uses to hotels 4 health clubs as expressed in the Draft Ordinance. MAYOR APPROVAL: ;r.�RECTOR APPROVAL: 1 1 ittee o it �(j Initial l CHIEF OF STAFF: COMMITTEE RECOMMEN A ON: I move to forward the proposed ordinance to First Reading and Enactment on November 18, 2014. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION(S): "I move approval of the proposed ordinance." (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- 08112/2010 RESOLUTION # CD File # 14- 104661 -00 -UP Doc. I.D. 67091 61 -�k CITY OF Federal Way MEMORANDUM DATE: October 20, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Isaac Conlen, Planning Manager SUBJECT: Water Park Uses in City Center Zones BACKGROUND: Earlier this year, several applicants approached the City and expressed interest in opening large entertainment venues in the City Center -Frame (CC -F) zoning district, primarily consisting of a combination of spa and water park uses. This combination of uses is considered to fall into the category of "Retail establishment providing entertainment, recreational, or cultural services or activities," an allowed use within the City Center -Frame (CC -F) and City Center -Core (CC -C) zoning districts. City Council, upon learning of the.proposed uses, expressed concern that such uses were not consistent with their vision for the city center. The Mayor directed staff to bring before the City Council a six -month moratorium on "Retail establishments providing entertainment, recreational, or cultural services or activities" within the City Center zones (both City CC -C and CC -F), in order to evaluate the compatibility of the use. The moratorium was enacted on June 3, 2014, and expires on December 3, 2014. Staff then prepared draft code amendments, which would have had the effect of prohibiting spas and water parks within the city center, with the exception that spas would continue to be allowed as accessory uses associated with hotels and health clubs. Additionally, definitions were created for health club, spa and water park. The draft regulations would have the effect of causing one existing business, Palace Spa located at 1727 South 316`h Street, to become a legal nonconforming use. Legal nonconforming uses are allowed to continue operating, but are not allowed to expand. The staff recommendation was presented during the October 15, 2014, Planning Commission public hearing. A representative of the Palace Spa, Mr. Arthur Kim, was in attendance and provided public testimony. Mr. Kim requested the Planning Commission modify the draft regulations, such that his business would not become legally nonconforming. At the public hearing, the Planning Commission discussed the staff recommendation and had some concerns regarding the impact the amendments would have on Mr. Kim's business and the overall need for the amendments. Following the discussion, a motion was made and seconded to prohibit water parks as primary uses, but to allow them as accessory uses. The language prohibiting spas as a primary use (and all references to spas) was dropped. The vote was taken, and the motion passed 4 to 1. Therefore, the recommendation before the LUTC is to prohibit water park businesses as primary uses in the City Center -Core and City Center -Frame zoning districts, but to allow them as accessory uses to hotels and health clubs. A draft ordinance has been prepared based on this recommendation. CD File #14- 104661 -00 -UP 62 Doc I.D. 67093 LUTC OPTIONS: The LUTC has the following options: 1. Recommend adoption of the Planning Commission's recommendations as shown in the Draft Ordinance; 2. Recommend adoption of the Planning Commission's recommendation as further amended by the LUTC; or 3. Do not recommend adopting the Planning Commission's recommendations. c: Project File CD File #14-104661-00-UP 63 Doc. I.D. 67093 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to water park businesses; amending FWRC 19.05.080, 19.05.230, 19.225.040, and 19.230.030. (Amending Ordinance Nos. 12 -735, 09 -610, 09 -593, 06 -515, 97 -291, 96 -270, 93 -170, and 90 -43) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt amendments to Title 19 of the FWRC which establishes appropriate development regulations for water park businesses within the City Center zones in the City of Federal Way; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the proposal on October 10, 2014, and no comments were received and the DNS was finalized on October 24, 2014; and WHEREAS, the Planning Commission conducted a public hearing on these code amendments on October 15, 2014; and WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council considered these code amendments on November 3, 2014, and recommended adoption of the text amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. Ordinance No. 14- Page I of 7 Rev 1 /10 LU 64 (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole because the amendments will serve to establish a complimentary mix of uses to facilitate re- development of the City Center. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the Federal Way Comprehensive Plan by identifying specific zoning regulations to implement the overall vision of the comprehensive plan. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because the text amendments establish appropriate uses to further the vision for City Center re- development. 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W F ❑ ti on Y amlani)s •� 0 , � 30 111210H ; -a o r > 0) a c � E �d o a N °o (govo) op!S -: o ;> g o i � O C F x luoi3 0 C) Cl) QZIS lo'[ c w 66 OZ O z y SS300JJ MaIna2 1 _ rr �r U N U pannbaX 8 8 y ` A ..00` a a , RCdad SN[OI.LV'ifl9gld o o .. w w w u A o �r °-° .. E pp E C O > > C .O C "'� Olc- O` C` L C. S O aY°i .� :� 1,49 W z 0 0 0 ° d w R a ti W (/] N V 0 O> aEi R y y ° a O .. i aa� v y cc a` ° S cG a °? a.000U 68 t�lD o �a 0. a z U r Ci Section 5. FWRC 19.05.080 is hereby amended to add the following definition: FWRC 19.05.080, H Definitions "Health club" means an establishment that provides facilities for aerobic exercise, running and ioning, exercise equipment, game courts, swimming facilities, showers, and lockers. Health clubs may also offer various exercise classes such as aerobics and weight training and include accessory uses such as pro shops selling a variety of sports equipment and clothing, cafes, and saunas. Section 6. FWRC 19.05.230 is hereby amended to add the following definition: FWRC 19.05.230, W Definitions "Water park" means an amusement park that features water play areas, such as water slides, splash pads, sprayarounds (water playgrounds), lazy rivers, or other recreational bathing, swimming, and barefooting environments. Accessory water features at parks and plazas are not included in the definition of "Water park." Section 7. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 8. 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 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 14- 69 Page 6of7 Rev 1110 LU Section 10. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 18'h day of November 2014. CITY OF FEDERAL WAY MAYOR JIM FERRELL ATTEST: CITY CLERK STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: CD File #14104661 -00 -UP Ordinance No. 14- 70 Doc. I.D. 67092 Page 7 of 7 Rev 1 /10 LU -�k CITY Of Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way Revised Code (FWRC) Pertaining to Retail Establishments Providing Entertainment, Recreational or Cultural Services or Activities (Spa and Water Park Uses) in the City Center Zones Revised Sections 19.05.080, 19.05.190 and 19.05.230; 19.225.040 and 19.230.030, et seq. File No. 14-104661-00-UP Public Hearing of October 15, 2014 I. BACKGROUND Earlier this year, several applicants approached the City and expressed interest in opening large entertainment venues in the City Center -Frame (CC -F) zoning district, primarily consisting of a combination of spa and water park uses. This combination of uses is considered to fall into the category of "Retail establishment providing entertainment, recreational, or cultural services or activities," an allowed use within the City Center -Frame (CC -F) and City Center -Core (CC -C) zoning districts. City Council, upon learning of the proposed uses expressed concern that such uses were not consistent with their vision for the city center. The Mayor directed staff to bring before the City Council a six -month moratorium on "Retail establishments providing entertainment, recreational, or cultural services or activities" within the City Center zones (both City CC -C and CC -F), in order to evaluate the compatibility of the use. The moratorium was enacted on June 3, 2014, and expires on December 3, 2014 (see Exhibit E). Staff then prepared the attached draft code amendments. II. PROPOSED CODE AMENDMENTS This section provides a summary of the proposed code amendments. The proposed zoning code text is attached as Exhibits A -C. Exhibit D is an amendment to Title 12, "Businesses," and is not under the purview of Planning Commission review. I am including it in your packet to show the relationship to the zoning code amendments you will be reviewing. 1. Staff has prepared draft code amendments that prohibit spa and water park uses in the CC -C and CC -F zoning districts, with an exception for accessory spas less than 2,000 square feet in size associated with hotels or health clubs. 2. Staff has also prepared draft new definitions for the terms "spa," "water park," and "health club." Staff Report to the Planning Commission Public Hearing of October 15, 2014 Proposed Code Amendments Pertaining to Retail Establishments Providing Entertainment etc. in the City Center Page I 71 III. ANALYSIS The proposed code amendments would have the following effects. 1. Spas and water parks would not be allowed uses in the city center. Spas less than 2,000 square feet would be allowed as accessory elements for health clubs and hotels. Other uses falling under the broad category of "Retail establishment providing entertainment, recreational, or cultural services or activities," such as movie theaters, theatrical companies, bowling alleys, etc. would continue to be allowed. 2. One existing business, the Palace Spa, located at 1727 South 316 "' Street would become a legal nonconforming business. The business would be allowed to continue to operate, but would not be allowed to. expand (except for minor improvements pursuant to the nonconformance chapter of the zoning code. This business owner has been notified of the proposed code amendment and of the Planning Commission meeting on October 15, 2014. City Council has broad authority to determine the appropriate mix of uses in various zoning designations throughout the City. In accordance with the concerns expressed by Council, by virtue of the moratorium that was enacted, staff is suggesting an option wherein spas and water parks, as primary uses, are not allowed in the city center. These uses will continue to be allowed uses in other locations in the City. IV. PROCEDURAL SUMMARY 9/26/14: Public Notice of 10/15/14 Planning Commission public hearing published and posted 10/10/14: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 10/24/14: End of SEPA Comment Period 11/14/14: End of SEPA Appeal Period V. PUBLIC COMMENTS No comments were received as of the date of this report. VI. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the proposed zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meet the criteria established in FWRC 19.80.130. Staff Report to the Planning Commission Public Hearing of October 15, 2014 Proposed Code Amendments Pertaining to Retail Establishments Providing Entertainment etc. in the City Center Page 2 72 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments. VII. DECISIONAL CRITERIA FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The Federal Way Comprehensive Plan (FWCP) encourages a mix of retail, office, entertainment, civic, and housing uses in the city center. The FWCP does not identify the specific uses that should be allowed in the city center. Eliminating spas and water parks as allowed uses in the city center is not in conflict with the overall goal of creating a vibrant mixed -use environment. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. The proposed FWRC text amendments bear a substantial relationship to the public health, safety, and welfare because the text amendments will serve to implement a tighter range of uses within the city center. This will allow more opportunity for restaurant and specialty retail development to activate the city center. The right mix of uses will complement existing improvements and help stimulate re- development of the city center. 3. The proposed amendments are in the best interest of the residents of the city. The proposed FWRC text amendments are in the best interest of the residents of the city because creating the right mix of uses will help stimulate re- development of the city center. By establishing the right mix, we can develop a vibrant mixed -use environment, creating opportunities for living, shopping and working, improving livability, and generating tax revenue to pay for city services. VIII. STAFF RECOMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the following amendments to FWRC Title 19, "Zoning and Development Code," be recommended for approval to the Land Use /Transportation Committee (LUTC) and City Council. 1. Modifications to FWRC 19.05.080, 19.05.190, and 19.05.230; 19.225.040 and 19.230.030; as identified in Exhibits A -C below and attached to this staff report. VIII. PLANNING COMMISSION ACTION Staff Report to the Planning Commission Public Hearing of October 15, 2014 Proposed Code Amendments Pertaining to Retail Establishments Providing Entertainment etc, in the City Center Page 3 73 Consistent with the provisions of FWRC Chapter 19.80.240, the Planning Commission may take the following actions regarding the proposed development code text amendments: 1. Recommend to the City Council adoption of the FWRC text amendments as presented; 2. Modify the proposed FWRC text amendments and reconunend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council without a recommendation. EXHIBITS Exhibit A — FWRC 19.05.080, 19.05.190, and 19.05.230, Modifications to "H," "S," and "R" Definitions Exhibit B — FWRC 19.230.030, Modification of CC -F Use Zone Chart Exhibit C— FWRC 19.225.040, Modification of CC -C Use Zone Chart Exhibit D — FWRC 12.40.010, Modification to "Public Bath House" Definition Exhibit E — June 3, 2014, Ordinance Establishing a Moratorium on "Retail establishments providing entertainment, recreational, or cultural services or activities" Staff Report to the Planning Commission Public Hearing of October 15, 2014 Proposed Code Amendments Pertaining to Retail Establishments Providing Entertainment etc. in the City Center Page 4 74 Exhibit A Definitions Related to Moratorium on Entertainment Uses in the City Center -Core and City Center -Frame Zoning Districts FWRC 19.05.080, H Definitions "Health club" means an establishment that provides facilities for aerobic exercise, running and jogging, exercise equipment, game courts, swimming facilities, showers, and lockers. Health clubs may also offer various exercise classes such as aerobics and weight training and include accessory uses such as pro shops selling a variety of sports equipment and clothing, cafes, and saunas. FWRC 19.05.190, S Definitions "Spa" means a commercial establishment offering health, relaxation, and beauty treatment primarily through such means as steam baths baths, saunas, pools, and massage. See also "Public bathhouse." FWRC 19.05.230, W Definitions "Water park" means an amusement park that features water play areas, such as water slides, splash pads spraygrounds (water playgrounds), lazy rivers or other recreational bathing, swimming, and barefooting environments. Accessory water features at parks and plazas are not included in the definition of "Water park." 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N Or < �3 0 3 0 yN cbDa. ° y k G0yN cU oE b N E 2 C u bL O D w y f1' U cd N pq I>�' 7 etl •d7C a z y O G C U OO nub 40. 0 0 0 C7 'E 2 v> > .Nil •~ c T �I �l Y �l >b o v v W W W C4 'X d c °-4 c 10 ��o �w o.. ao.5 } ro o w ww sooedS Supl-wd 8 zpaimbag H ainlanilS JO 1NS1aH •o c w- N Jeag o E o (Nana) apps c. � � � 3 O 04 1uoll G� Cc. v azis 10.1 � U z ) O o U ssao Id enainag > u pannbag , a C4 C4 a o A3333 = v�o�no = c c SNOIIvrlfl9gu n n o a Q R R R R c U U U U 78 a r a O en U a a` Exhibit D Definition Related to Moratorium on Entertainment Uses in the City Center -Core and City Center -Frame Zoning Districts FWRC 12.40.010, Bathhouses Definitions "Public bathhouse" means any place where baths or facilities for baths are given or furnished, including, where an attendant is present: Finnish baths; Russian baths; sauna baths; Swedish baths; Turkish baths; hot tubs; baths by hot air, steam, vapor, water, electric cabinet, or a combination thereof. "Public bathhouse" does not include ordinary tub or shower baths. See also "Spa." File 414- 104661 -00 -UP 79 Proposed Changes, October 15, 2014 WE ORDINANCE NO. 14 -768 AN ORDINANCE of the City of Federal Way, Washington, imposing a six month moratorium on the expansion or creation of a retail establishment providing entertainment, recreational or cultural services or activities within the City Center Core (CC -C) and City Center Frame (CC -F) and setting a date for a public hearing. WHEREAS, the zoning for the City Center Core (CC -C) and City Center Frame (CC -F) contains an entertainment use category for "retail establishment providing entertainment, recreational or cultural services or activities "; and WHEREAS, Council desires to review uses that fall within this zoning use category to determine whether they are appropriate for the type of development the City envisions for the City Center Core and Frame; and WHEREAS, the City desires to maintain the status quo while this zoning use category is reviewed; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a moratorium; and WHEREAS, the adoption of this moratorium is exempt from the requirements of a threshold determination under the State Environmental Policy Act; and WHEREAS, the desire to maintain the status quo and the potential adverse impacts on the public health, property, safety and welfare of the City and its citizens if this Ordinance does not take effect immediately, justify the declaration of an emergency and the designation of this ordinance as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 14 -768 80 Page I of 3 Section 1. Findings. The City Council of the City of Federal Way makes the following findings of fact: (a) The forgoing whereas provisions are adopted as findings of fact. (b) A moratorium is necessary to provide the City with sufficient time to review certain uses that are allowed in the City Center Core and Frame. uses. (c) A moratorium is necessary to preserve the status quo while the City reviews these Section 2. Moratorium Established. No expansion of a current use or creation of a new use that falls within FWRC 19.225.040 and 19.230.030 as a retail establishment providing entertainment, recreational or cultural services or activities shall be allowed in the City Center Core or Frame for the duration of this moratorium. Section 3. Duration of Moratorium. This moratorium shall be in effect for six months from the effective date of this ordinance. Section 4. Public Hearing. A public hearing for this moratorium will be held on June 17, 2014, at the regularly scheduled City Council Meeting. Section 5. Planning Commission Work Program. The Planning Commission Work Program is amended to add code amendments related to retail establishments providing entertainment, recreational or cultural services or activities within the City Center Core and Frame as a high priority. Section 6. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Ordinance No. 14 -768 0! Page 2 of 3 Section 7. 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 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. Effective Date. By unanimous consent, the Council finds that this moratorium is for a public emergency and needed for the immediate support of City governments and is not subject to initiative or referendum pursuant to FWRC 1.30. This ordinance shall take effect and be in full force upon adoption. PASSED by the City Council of the City of Federal Way this 3`d day of June, 2014. CITY OF FEDERAL WAY OR, JIM FERRELL ATTEST: TY CLERK, CAROL 41CNEILq, C C APPROVED AS TO FORM: INTERIM ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY,CLERK: 6 -3 -2014 PASSED BY THE CITY COUNCIL: 6 -3 -2014 PUBLISHED: 6 -6 -2014 EFFECTIVE DATE: 6 -3 -2014 ORDINANCE NO.: 14 -768 Ordinance No. 14 -768 82 Page 3 of 3 CITY OF FEDERAL WAY PLANNING COMMISSION October 15, 2014 City Hall 7:00 p.m. Patrick Maher Conference Room MEETING MINUTES Commissioners present: Tom Medhurst, Hope Elder, Sarady Long, Diana Noble - Gulliford, Tim O'Neil, and Anthony Murrietta. Commissioners absent: Lawson Bronson, and Nikole Coleman-Porter (excused), and Wayne Carlson (unexcused). Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark, and Assistant City Attorney Ryan Cal. CALL TO ORDER Chair Medhurst called the meeting to order at 7:05 p.m. APPROVAL OF MINUTES The minutes of September 17, 2014, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None Commissioner Noble - Gulliford moved (and it was seconded) to change the order of the agenda and hold the public hearing on the proposed amendments related to entertainment, recreational, and cultural services or activities in the City- Center Core (CC -C) and City- Center Frame (CC -F) Zones before the briefing on the Comprehensive Plan Update. There was no further discussion and the motion carried. COMMISSION BUSINESS PUBLIC HEARING— Proposed Amendments Related to Entertainment, Recreational, and Cultural Services or Activities in the City Center -Core (CC -C) and City Center -Frame (CC -F) Zones. Planning Manager Isaac Conlen delivered the staff presentation. He explained that the City had received two proposals for combination spa/water park entertainment venues in the City Center. These uses are allowed as a "Retail establishment providing entertainment, recreational and cultural services or activities." The Council is concerned with compatibility of these uses with other uses in the City Center and adopted a moratorium, effective June 3, 2014. The moratorium expires on December 3, 2014. The Council has not provided staff with much direction as to the nature of desired code changes. There is one existing spa in the CC -C, located at 1727 South 316`h Street. Adoption of the code amendment as proposed would make this business a nonconforming use. The spa use would be allowed to continue, but would have limited ability to expand. Spas and water parks are allowed in other zones. Planning Commission Minutes 1)Jge 1 October 15, 2014 Staff has researched the issue and recommends that spas and water parks be prohibited in the CC -C and CC -F zones. Staff also recommends that spas up to 2,000 square feet be allowed as an accessory use to hotels and health clubs. Definitions for spas, water parks, and health clubs are also being proposed, as there are presently no definitions for these uses in the code. The meeting was opened for public testimony. Arthur Kim, owner of the Palace Spa located at 1727 South 316th Street, testified that he and his family owns this business and several businesses in Federal Way and they have always supported the City in any way they could. He said that he had read the nonconforming code section and wanted to request that there be no percentage threshold for his business being terminated as a spa use if the code amendment was adopted. The nonconforming use section states that any nonconforming use must be terminated if the applicant is making changes or alterations, or doing work other than normal maintenance, in any one consecutive 12 -month period to any structure that houses or supports the nonconforming use and the fair market value of that change, alteration, or work exceeds 15 percent of the assessed or appraised value of that structure. Mr. Kim explained that due to the high cost per square foot to remodel a spa, 15 percent of the value of the building would be reached very quickly, so basically they wouldn't be able to do much. Alternate Commissioner Murrietta asked Mr. Kim if he had an alternative to the 15 percent and Mr. Kim had none. Commissioner O'Neil asked Planning Manager Conlen the reason for the Council wanting to ban spas and water parks in the CC -C and CC -F zones. Mr. Conlen responded that the reason was the Council felt that these uses weren't compatible with the Vision for The City Center. Commissioner Noble - Gulliford questioned whether there was a Vision, to which Planning Manager Conlen replied that the City Center Chapter of the comprehensive plan included the Vision. Planning Commissioner Long stated that banning spas in the City Center would adversely affect a hotel with a spa wanting to locate in the City Center as 2,000 square feet was not very big for such a spa. There was further discussion about the Top Foods site being redeveloped as a proposed spa and water park as opposed to remaining empty. The Commissioners also agreed that they were not in favor of making an existing business, the Palace Spa, a nonconforming use. Commissioner Elder moved (and it was seconded by Commissioner Noble - Gulliford) to recommend that the code amendment not be approved. After further discussion, Commissioner Noble - Gulliford withdrew her second. There was no further second and the motion died due to the lack of a second. There was further discussion. Chair Medhurst stated that the commissioners had four alternatives to choose from — recommend the Council adopt the amendments as proposed; modify the proposed amendments and recommend adoption of those; recommend the proposed code amendments not be adopted; and forward without a recommendation. At that point Alternate Commissioner Murrietta offered a recommendation that would allow spas in the CC -C and CC -F and would allow water parks as an accessory use to health clubs and hotels. Assistant City Attorney Call stated the motion should be made by a full commissioner, rather than an alternate commissioner. Commissioner O'Neil moved (and it was seconded) to allow spas in the CC -C and CC -F zones and allow water parks as an accessory use to health clubs and hotels. There was no further discussion and the vote was held as follows: Chair Medhurst – Yes Commissioner O'Neil – Yes Commissioner Elder –No Commissioner Long – Yes Commissioner Noble - Gulliford – Yes With four (4) yes and one (1) no, the motion carried. The public hearing was closed. Planning Commission Minutes 04ge 2 October 15, 2014 BRIEFING — Federal Way Comprehensive Plan (FWRC) Major Update — Chapter Two, "Land Use" Commissioner Long recused himself; he is working on this project as a staff member. Principal Planner Clark delivered the presentation. She went over the background and stated that staff will be streamlining the plan to make it easier for the citizens and decision makers to read and quickly grasp the vision and how it will be implemented. She explained that the Growth Management act (GMA) requires a comprehensive plan to include a land use element that addresses proposed general distribution and location and extent of land uses; population densities, building intensities, and estimates of future population growth; groundwater protection and protection of water quality; and promotion of physical activity. The comprehensive plan must also comply with VISION 2040 and the King County Countywide Planning Policies (CWPPs). The goals and policies in VISION 2040 and the CWPPs are to provide urban services for future development; create centers which are compact, walkable communities that support transit and other services; provide contiguous and orderly development; support economic development; provide affordable housing; and protect environmentally sensitive areas. She also stated that the majority of edits to this chapter are updating information such as demographics and maps and eliminating unnecessary language. Major changes include adding a zoning map and updating the land use map and pie chart to make the land use categories consistent. Staff proposes to delete the section on "Relationship to Other Land Use Chapters" because it does not add value to this chapter, except the section on "Water Quality," presently shown as deleted, will be retained to meet the GMA requirement for the land use element. Staff also updated population projections and the section on Development Capacity and Targets. Detailed information on how capacity is calculated was deleted. The Weyerhaeuser Company will be moving their corporate headquarters from East Campus to Seattle in 2016; therefore, staff made changes to the text, goals and policies of the Office Park and Corporate Park sections to reflect this future change. Goal LUG9 was also added. Both the CWPPs and VISION 2040 require comprehensive plans to address climate change. Therefore, a section on climate change was added to this chapter. Other impacts associated with climate change will be added, where appropriate in other chapters, such as sea level rise, which will be addressed in Chapter 9, Natural Environment. VISION 2040 requires the comprehensive plan to address health. Staff proposes to incorporate health - related goals and policies into existing chapters. For example, healthy eating has been addressed by the Urban Agriculture portion of the Land Use Chapter. Active living will be incorporated into Chapter 3, Transportation, by the adoption of the Bicycle and Pedestrian Master Plan. Principal Planner Clark then briefed the commission on the five site - specific requests for comprehensive plan amendments and rezones and the one request for a text change to the comprehensive plan. The intent of the briefing was for informational purposes only, as the requests will be presented to the City's Land Use Transportation Committee (LUTC) and the City Council will hold a public hearing on the requests, after which, they will provide staff direction as to which requests should be considered further. The requests that are to be considered further will come back to the Planning Commission with the updated chapters for a public hearing. Commissioner Noble - Gulliford inquired as to why Historic Preservation Policy LUP65 was changed and Planning Manager Conlen said that it was related to the protection of property rights and that the other policies addressed the topic of preservation of historic buildings. Commissioner Noble - Gulliford also asked what the potential CC -F designation for the 16.75 acre Belmor site could result in. Principal Planner Clark replied that the CC -F designation could result in 70 -foot tall towers; however, the applicant has stated that they are interested in providing a retirement home for the Belmor residents in that area. Commissioner O'Neil asked how was capacity calculated and both Alternate Commissioner Murrietta and Planning Commission Minutes Oge 3 October 15, 2014 Principal Planner Clark explained the process. Council Member Noble - Gulliford stated that she was concerned about the City changing King County zoning upon incorporation, which resulted in downzones and the associated cost for affected citizens to apply for an amendment to get those uses back. Ms. Clark said that there is an opportunity for citizens to apply for comprehensive plan amendments and rezones as part of the annual comprehensive plan update process. Chair Medhurst added that this evening we saw five examples of how this process works. ADDITIONAL BUSINESS Planning Manager Conlen said staff is planning to brief the Planning Commission on Chapter 5, Housing, on November 19`x'. ADJOURN The meeting was adjourned at 8:40 p.m. KAPlanning Commission\20WMeeting Summary 10- 15- 14.doc Planning Commission Minutes %ge 4 October 15, 2014 COUNCIL MEETING DATE: November 18, 2014 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Selection Process — 2015 Major Comprehensive Plan Update POLICY QUESTION: Which of the six citizen - initiated requests for comprehensive plan amendments should move forward for further review? COMMITTEE: Land Use /Transportation Committee (LUTC) MEETING DATE: November 3, 2014 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Principal Planner Margaret Clark �` DEPT.: Community Development Attachments: October 21, 2014, Staff Report to the LUTC with Exhibits A — L Background: The GMA requires jurisdictions to update their comprehensive plan every eight years. The deadline for the next major update is June 30, 2015. The Federal Way Revised Code (FWRC) requires the city to accept applications for amendments to the Federal Way Comprehensive Plan (FWCP) text and map on an annual basis. Due to the ongoing major update, the City has combined the annual update with the major update, since with a few exceptions; a comprehensive plan may only be updated once per year. The city received five requests to change the comprehensive plan designations and zoning for this update cycle. Detailed information on each request can be found in Section IV of the October 21" staff report. The City also received one request for a change to the text of the comprehensive plan. This is described in Section V of the staff report. Pursuant to FWRC 19.80.080, after the deadline for accepting applications and following an LUTC recommendation, the City Council shall hold a public hearing and select those amendment requests it wishes to move to the Planning Commission for further consideration. Options Considered: 1) Concur with the Mayor's recommendation; 2) Do not concur with the Mayor's recommendation. MAYOR'S RECOMMENDATIBPi>; That the citizen- init�d requests move forward for further consideration. MAYOR APPROVAL: 1 &/_�1141 n, DIRECTOR APPROVAL: CHIEF OF STAFF: 6,-**' yQ Council COMMITTEE RECOMMENDATION: I move to forward the Mayor's recommendation to the November 18, 2014, City Council meeting for a public hearing. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: "I move approval of the Mayor's recommendation." (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 —08/12/2010 RESOLUTION # KXomprehensive Plan\2015 Major Update \Selection\Agenda Bill.doc 87 1�k CITY OF Federal Way DATE: October 21, 2014 To: Bob Celski, Chair Land Use /Transportation Committee (LUTC) FROM: Larry Frazier, Interim Community Development Director Margaret H. Clark, Principal Planner SUBJECT: Selection Process — 2015 Major Comprehensive Plan Update MEETING DATE: November 3, 2014 I. POLICY QUESTION Which of the six citizen - initiated requests for comprehensive plan amendments should move forward for further review? H. BACKGROUND The GMA requires jurisdictions to update their comprehensive plan every eight years. The deadline for the next major update is June 30, 2015. The Federal Way Revised Code (FWRC) requires the city to accept applications for amendments to the Federal Way Comprehensive Plan (FWCP) text and map on an annual basis. Due to the ongoing major update, the City has combined the annual update with the major update, since with a few exceptions; a comprehensive plan may only be updated once per year. The city received five requests to change the comprehensive plan designations and zoning for this update cycle. Detailed information on each request can be found in Section IV of this staff report. The City also received one request for a change to the text of the comprehensive plan. This is described in Section V. Pursuant to FWRC 19.80.080, after accepting applications and following an LUTC recommendation, the City Council shall hold a public hearing and select those amendment requests it wishes to move to the Planning Commission for further consideration. III. PROCEDURAL SUMMARY FOR COMPREHENSIVE PLAN AMENDMENT SELECTION PROCESS November 3, 2014 LUTC Meeting — A summary of all requests will be presented to the LUTC for a recommendation on which requests should be considered further. November 18, City Council Public Hearing — The City Council shall determine which 2014 requests should move forward for further review. Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 88 Meeting Date: November 3, 2014 Page 1 of 26 IV. BACKGROUND AND STAFF COMMENTS — SITE - SPECIFIC REQUESTS (Exhibit A — Composite Map) A. Site - Specific Request #1— Belmor Mobile Home Park 1. Summary File Number: 13- 104283 -UP Parcel No.: 162104 -9037 Address: 2101 South 324a' Street Location: South of South 324th Street between I -5 and Pacific Highway South (Exhibit B) Size: 16.75 acres Existing Land Use: Mobile Home Park Applicant/Owner: Stephen Hynes Existing Regional shopping center Comprehensive Plan: Multiple Family Residential Existing Zoning: Multi - family (RM3600, one unit per 3,600 square feet) Requested Comprehensive Plan: City Center -Frame Requested Zoning: CC -F 2. Reason for the Request Mr. Hynes is requesting a comprehensive plan designation and rezone in order to provide a multi- tiered seniors' facility to address the needs of the aging residents of the mobile home park. 3. Staff Comments Convalescent centers and nursing homes are not allowed in the RM 3600 zone. However, they are allowed in the CC -F zone. There is CC -C zoning to the north. The CC -F designation is intended to provide a transition between high - activity areas in the core area and less dense neighborhoods outside of the frame. 4. Surrounding Zoning & Land Use (Exhibit C— Aerial Map) Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 89 Meeting Date: November 3, 2014 Page 2 of 26 Zoning Land Use North City Center Core (CC -C) Regional shopping center South Multifamily (RM 3600, one Mobile Home Park unit per 3,600 square feet) East Multifamily (RM 3600, one Mobile Home Park unit per 3,600 square feet) West Community Business (BC) Lakehaven Water Tower and vacant land Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 89 Meeting Date: November 3, 2014 Page 2 of 26 Tr *AM MW%M cu A a ocu W9, 4.4 ri 'i ui Nam a CL 0 M>l 40 > 5 No E Ln (D 0 LL E 4- 0 0 Va E 0 Tr *AM MW%M cu A a ocu W9, 4.4 ri 'i ui Nam a I rAj 0 M>l 40 No I rAj yo 75 C ' CL m C w a' _ c AU U Y cs C� �trjSV � nrr 7 : o tQQ r� LA �trjSV � nrr 7 : o tQQ r� i UL EC. }, ci LO CL WV J cu c F+ C N o N C c a._ z -0 i r do fQ cr we 43 2' 'vp i UL EC. }, ci LO CL WV J cu c F+ C N o N C c a._ z -0 i B. Site - Specific Request #2 — Bishop/ Lee /Princen 1. Summary File Number: 14- 100044 -UP Parcel No. Address Size Existing Land Use Applicant /Owner 302104 -9051 30627 6 Avenue Southwest 3.14 Single Family House Daniel and Young Lee 302104 -9062 36005 6 Avenue Southwest 0.78 Single Family House Joseph Princen 302104 -9113 No site address 0.71 Vacant Joseph Princen 302104 -9168 No site address 0.75 Vacant Walter Bishop 302104 -9065 35909 e Avenue Southwest 0.76 Single Family House Walter and Sono Bishop Location: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: South of Southwest 356 Street between 6th Avenue Southwest and 8`h Avenue Southwest (Exhibit D) Single Family Medium Density Residential Single Family (RS 15.0, one unit per 15,000 square feet) Single Family High Density Residential Single Family (RS 9.6, one unit per 9,600 square feet) or (RS 7.2, one unit per 7,200 square feet). 2. Reason for the Request Mr. and Mrs. Lee are requesting higher density in order to subdivide their property. The other applicants did not specify a reason for their request. 3. Staff Comments Water is available along 6th Avenue South to the east and sewer is available along 8th Avenue South to the west. There are six parcels to the north of the subject parcels that are also designated Single Family Medium Density. There are also four parcels to the south with the Single Family Medium Density designation, however, these lots are part of the Rosewood Subdivision, a nine -lot developed plat. These lots are fully developed and the lots are not big enough to be subdivided. Redesignating the requested parcels to Single Family High- Density Residential and RS 9.6 (Single Family, one unit per 9,600 square feet) would be consistent with the existing designation to the west. 4. Surrounding Zoning & Land Use (Exhibit E— Aerial Map) Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 93 Meeting Date: November 3, 2014 Page 6 of 26 Zoning Land Use North Single Family (RS 15.0, one unit per 15,000 square feet) Single family South Single Family (RS 15.0, one unit per 15,000 square feet) Single family East Single Family (RS 15.0, one unit per 15,000 square feet) Single family West Single Family (RS 15.0, one unit per 15,000 square feet) adjacent to the two northern parcels Single family Single Family (RS 9.6, one unit per 9,600 square feet) adjacent to the two of the three southern parcels Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 93 Meeting Date: November 3, 2014 Page 6 of 26 cr IL CC 8!E tC 4) u to cm 0 �•.. X c o 0-0 a� W � 20 tM Q � ii Gi � ■l0 V`■I�R� Y� ONE 4 r Li 1 > 0 #. 4 t�a � }FLT L L Ifli FE s i Jim , tQ V 0 *' _a q C cr �wt; N in LL �p CL a W st Ali E m J i C. Site - Specific Request #3 — A &R Development LLC 1. Summary File Number: Parcel No's: Address: Location: Size: Existing Land Use: Applicant Owner: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 14- 101103 -UP 172104 -9051 and 172104 -9074 33061 150' Avenue South and 1411 South 330th Street Between Celebration Park Road and 15th Avenue South (Exhibit F) 1.82 acres Vacant land David Frankovich A &R Development LLC Office Park Office Park (OP) Community Business Community Business (BC) 2. Reason for the Request A &R Development LLC owns six parcels totaling 2.5 acres located to the east of the subject parcels. These six parcels are designated and zoned Community Business (BC) (Exhibit F). A &R Development LLC is requesting a BC designation for these two OP- zoned properties to allow the contiguous development of all eight parcels. They state that the two OP -zoned parcels, which total 1.82 acres, do not possess enough buildable space for a stand -alone use. 3. Staff Comments The Comprehensive Plan shows 13th Place South, the road to the east of the subject parcels, being extended to the South in the future. Therefore, when the parcels adjacent to this planned road extension are developed, the road may be required to be built. As a result, these two parcels may be separated by a road from the other six to the east. The two subject parcels together with the parcel to the north, owned by the Varga family, are the only developable OP -zoned parcels in this immediate area as the rest of the OP zoned land in the vicinity are already developed — Celebration'Park to the west and the School District Service Center complex to the south. 4. Surrounding Zoning & Land Use (Exhibit G — Aerial Map) Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 96 Meeting Date: November 3, 2014 Page 9 of 26 Zoning Land Use North Office Park (OP) Vacant South Office Park (OP) Federal Way School District Kitchen Facilities East Community Business (BC) Vacant West Office Park (OP) Celebration Park Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 96 Meeting Date: November 3, 2014 Page 9 of 26 'Q Ul m C C 9 m cor V u o " c p 3 Q? ul —' L 4)_j � , LLn CIA IV i y.— N tc a � Li m W (/� fl1 T �0 it V m 31�lal�d $ AAAN DIA*Wd m O. �- CL ,p CL 0 0-� 35; I97 -0 Ul MC cr� cs Q 41 to Ce xv' I` FL LU C d 0 a. QD fo CD f . yr� yy i - -- f_ , • WNW 4 •1 . i _ '?' . � � ` ''F � ' ���11i111 � - *l r R1I,� sry • m j r r %/{ -got.. � ■ �f� w � ; �iy; !/f {/� � �;'~ � 1, {f !�- �i �j� A Site - Specific Request #4 — Hiu Ok Paek 1. Summary File Number: Parcel No.: Address: Location: Size: Existing Land Use: Applicant /Owner: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 14- 101334 -UP 250300 -0035 1443 South 308`h Street West of Pacific Highway South and south of South 308`h Street (Exhibit H) 0.18 acres Beauty Shop Hill Ok Paek Multiple Family Multi- family (RM 1800, one unit per 1,800 square feet) Community Business Community Business (BC) 2. Reason for the Request The site is developed as a commercial beauty shop, which is not a permitted use in the Multi- family designation. The owner is requesting the change to Community Business (BC) since the lot is adjacent to BC zoning to the east and south and beauty shops are a permitted use in the BC zone. There is also BC zoning to the north. 3. Staff Comments Based on the City's Business Registration records, it appears that the building has been used as a beauty shop since 2000. The use is considered a legal nonconforming use since beauty shops are not an allowable use in multi - family zones. As a legal nonconforming use, there are certain restrictions on making structural changes to the building or increasing the gross floor area of the building. The comprehensive plan amendment, if approved, would eliminate those restrictions. 4. Surrounding Zoning & Land Use (Exhibit I— Aerial Map) Land Use /Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 99 Meeting Date: November 3, 2014 Page 12 of 26 Zoning Land Use North Community Business (BC) Federal Way High School South Community Business (BC) Commercial building East Community Business (BC) Lake Village Apartments West Multi- family (RM 1800, one unit per 1800 square feet) Single family dwelling Land Use /Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 99 Meeting Date: November 3, 2014 Page 12 of 26 G7 u m I. ry ui _ V X N c E LL x AW C R Q� � LO 0 EA _ w o U O C L a O 4n a r� G7 u m I. ry ui _ V X N c E LL x AW Q 9 4b va b s° 4 3-g CO e-' r A W t A L U L Q 9 4b va b s° 4 3-g CO e-' r A W t A '� to (13 C C a. © t cr m c ? o Q} F, ttl S�J o n CL cc LID tn CL ' � a e3 0. W (U 45 � U. .!� C J TT 4f/) 2 V Z'O CD � Ir r: J' * * . V5 LUUJ a _LM�QA rrr. i 1 0 AA * �1 i .. x u'- ' r , -"•' rr. to r..re. { � �� /y It ���`� Y• � 17 ANIMUS. L9 - r' S MV HKUM r ' a E. Site - Specific Request #5 — 32020 Professional Building 1. Summary File Number: Parcel No's.: Address: Location: Size: Existing Land Use: Applicant: Agent: Owner: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 14- 104927 -UP 172104 -9058 & 172104 -9109 32020 1St Avenue South South of South 320th Street and east of 1 st Avenue South (Exhibit J) 1.97 acres Office Ocean View Partners LLC Rob Reuber, Norlan Corporation Ocean View Partners LLC Professional Office Professional Office (PO) Office Park Office Park (OP) 2. Reason for the Request The applicant states that the Professional Office (PO) designation is a very narrowly focused zone based on an older zoning model that segregates uses. 3. Staff Comments There are only seven permitted uses in the PO zone, five of which are public uses — office, schools, day cares, governmental facilities, public parks, public transit, public utilities, personal wireless service facilities (PWSFs), and churches as compared to the OP zone which allows all of the uses allowed in the PO zone as well as other uses such as banks, restaurants, retail sales, hospitals, and funeral homes. The subject parcel is adjacent to OP zoning to the east and PO zoning to the south. The applicant has approached one of the owners of the PO -zoned property to the south, which is developed as office. The partial owner of the southern parcel is not opposed to the change; however he would like to present the proposal to the remainder of the owners when they meet in November, so this parcel could be added to the request in the future. 3. Surrounding Zoning & Land Use (Exhibit IK— Aerial Map) Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 102 Meeting Date: November 3, 2014 Page 15 of 26 Zoning Land Use North Office Park (OP) Vacant South Professional Office (PO) Office East Office Park (OP) Group Health West Professional Office (PO) Office Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 102 Meeting Date: November 3, 2014 Page 15 of 26 t7 0 m ro o ;Q V u. SL LL Ham• L a a L U - }, N —0 C *4 C E T) ,C M � T) C c ig L1' • 8 •� 'wait ow N 0 2 Y1 v s 3 cc V a JRa a $1VJSJ t/Vlet Za. _ _ ❑ ru r• ��Oo S. a Sd I� v 4 tz �. ru r• ��Oo S. a Sd $i .o I * ACr l9t v 4 tz �. L c .St LO L O L S L { $i .o I * ACr l9t cr cr �. _ _ " 2L� k 4 x �� o Im co —in � � � W ,� � � � �� �L E CV CJ CV i 7i i 3TH 7 �- r♦ • ! tt' } - � ' a,� f ' I °•fly 1� ., �" ^ �t i'11 1 r V. YOUNGSPRING LLC PROPERTY REQUEST FOR A TEXT AMENDMENT TO THE COMPREHENSIVE PLAN 1. Summary Youngspring LLC Property is requesting an amendment to the language in Chapter 2, Land Use of the Comprehensive Plan to allow senior housing, including assisted living and nursing homes in the Commercial Enterprise (CE) zone. This would also require a change to the Federal Way Revised Code (FWRC) (code amendment) to allow these uses in the CE zone. 2. Reason for the Request The applicants state that several times in the past, and as recently as August 2014, they have been approached by developers of assisted living facilities or other senior care facilities regarding their property located at 35200 Pacific Highway South, a 5.8 acre site. The applicant states that the criteria for developers of senior housing/assisted living/nursing homes are location on a major arterial, great freeway access and five acres or more in size. Many families and friends of the residents of these facilities travel a long distance so the locations need visibility and access. 3. Staff Comments Unlike the site - specific requests, which, if approved, would affect the comprehensive plan and zoning designation of just that site, a text amendment to allow these new uses in the CE zone, would apply to all parcels within that zone (Exhibit L). Based on language in the comprehensive plan, the CE designation is primarily intended to capture the demand for a diverse mix of industrial, office, and retail sales and services, arrayed in well integrated, high quality developments. Senior housing may not be compatible with the types of industrial uses allowed in this zone. Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 105 Meeting Date: November 3, 2014 Page 18 of 26 N LV r LO c LU LO a`,E ,a V � o gam" LL E <t c to a) L w w +. c �1 m a� a� ME '66 d ua E 0O.NsW ,n J -- E9 1 F _._l —I swum Olin #F ell r 106 Wv PS i �% VI. SELECTION CRITERIA FWRC 19.80.080 contains criteria for selecting amendments for further consideration. A. Criterion #1— Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Response to Criterion #1— Request Response Request #1— Belmor Mobile Home Park This request was not studied during the last amendment cycle. Request # 2 — Bishop, Lee, This request was not studied during the last amendment cycle. The Princen larger area, south of Southwest 356s, zoned RS 15.0 was studied in 2008 for a comprehensive plan amendment to increase density. There was a lack of support for higher density from many residents. Request # 3 — A &R This request was not studied during the last amendment cycle. Development LLC area as CC -F, would create a buffer between the CC -C to the north Request # 4 — Hiu Ok Paek This request was not studied during the last amendment cycle. Request # S —32020 This request was not studied during the last amendment cycle. Professional Building intended for areas that lack urban services and infrastructure. The Request # 6 — Youngspring This request was not studied during the last amendment cycle. LLC Property B. Criterion #2 — The proposed amendment is consistent with the overall vision of the comprehensive plan. Response to Criterion #2 — Request Response Request #1— Belmor Belmor Mobile Home Park is directly to the south and adjacent to the Mobile Home Park City- Center Core (CC -C). The Land Use Chapter of the Comprehensive Plan states that "The City Center Frame designation will have a look and feel similar to the Core and will provide a zone of less dense, mixed -use development physically surrounding a portion of the City Center Core. Together, they are meant to complement each other to create a downtown area." Designating this area as CC -F, would create a buffer between the CC -C to the north and the remainder of the RM 3600 zoning to the south. Request # 2 — Bishop, Lee, The existing designation of Single Family Medium Density is Princen intended for areas that lack urban services and infrastructure. The comprehensive plan states that "Upon provision of urban services, Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 107 Meeting Date: November 3, 2014 Page 20 of 26 Request Response such as water and sewer, an increase in density may be warranted." Water is available along 6th Avenue South to the east and sewer is available along 8th Avenue South to the west. Request # 3 — A &R Changing the designation of this parcel to Community Business Development LLC would be consistent with the overall vision of the comprehensive plan, which states that the Community Business designation encompasses two major retail/commercial areas along the SR -99 corridor, including the segment between South 272nd Street and South 312th Street, and the segment between South 324th Street and approximately South 339th Street. This parcel lies between South 324th Street and approximately South 339th Street in the SR -99 corridor. Request # 4 — Hiu Ok Paek Changing the designation of this parcel to Community Business would be consistent with the overall vision of the comprehensive plan, which states that the Community Business designation encompasses two major retail/commercial areas along the SR -99 corridor, including the segment between South 272nd Street and South 312th Street, and the segment between South 324th Street and approximately South 339th Street. This parcel lies between South 272nd Street and South 312th Street in the SR -99 corridor. Request # S —32020 The intent of the existing Professional Office designation is to allow Professional Building for well - designed small -scale office development compatible to adjacent residential neighborhoods. This parcel is located adjacent to two busy arterials and is not adjacent to residential neighborhoods. Therefore, changing the designation to Office Park would be consistent with the overall vision of the comprehensive plan, which envisions a larger mix and variety of uses in the OP zone. Request # 6 — Youngspring The comprehensive plan does not presently envision senior housing LLC Property in the CE zone. C. Criterion #3 — Whether the proposed amendment meets existing state and local laws, including the GMA. Response to Criterion #3 — None of the requested amendments would be in conflict with local or state laws if subsequent development of the parcels are in compliance with local and state regulations, including the FWRC and State Environmental Policy Act (SEPA), if applicable. D. Criterion #4 — In the case of text amendments, or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Response to Criterion #4 — This criterion is not applicable for Requests 1 -5 as they are site - specific requests and not requests for text amendments. The Youngspring request for a text amendment benefits the applicants, in that allowing senior housing/assisted living/nursing homes in the CE zone may result in development of their property. Additional research is needed to determine if there is a need for additional facilities such as this in Federal Way, and if there is additional need, then the request would benefit the City as a whole. Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 108 Meeting Date: November 3, 2014 Page 21 of 26 If the request meets the criteria set forth in subsections above, it shall be further evaluated according to the following criteria: E. Criterion #1— Whether the proposed amendment can be incorporated into planned or active projects. Response to Criterion #1 If the City Council determines that these requests should be analyzed further, they can be incorporated into the 2015 Major Comprehensive Plan Update F. Criterion #2 — Amount of analysis necessary to reach a recommendation on the request. If a large -scale study is required, a request may have to be delayed until the following year due to workload, staffing levels, etc. Response to Criterion #2 — None of the requests require a large -scale study. G. Criterion #3 — Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Response to Criterion #3 — Six requests were received. They can all be accommodated in the Update process. H. Criterion #4 — Order of requests received. Response to Criterion #4 — The requests were received in the following order: 1. Belmor Mobile Home Park 2. Bishop, Lee, Princen 3. A &R Development LLC 4. Hiu Ok Paek 5. 32020 Professional Building 6. Youngspring LLC Property VII. COUNCIL ACTION Pursuant to FWRC 19.80.080(4), based on its review of requests according to the criteria in Section VI of this staff report, the City Council shall determine which requests shall be further considered for adoption and shall forward those requests to the Planning Commission for its review and recommendation. The council's decision whether to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later council action to add an amendment for consideration. Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 109 Meeting Date: November 3, 2014 Page 22 of 26 VIII. MAYOR'S RECOMMENDATION A. Request #1— — Belmor Mobile Home Park -- Request for a comprehensive plan amendment and rezone of the northwestern portion of Parcel 162704 -9037 (approximately 16.75 acres) from Multiple Family Residential and Multi - Family (RM 3600, one unit per 3,600 square feet) to City Center -Frame and CC -F. Mayor's Recommendation —The Mayor recommends that the request move forward for further review. B. Request #2 — Bishop / Lee/Princen — Request for a comprehensive plan amendment and rezone of Parcels 302104 -9051, 302104 -9062, 302104-9113, 302104 -9168 and 302104 -9065 totaling 6.14 acres from Single Family Medium - Density Residential and Single Family (RS 15.0, one unit per 15,000 square feet) to Single Family High- Density Residential and Single Family (RS 9.6, one unit per 9,600 square feet) or Single Family High- Density Residential and Single Family (RS 7.2, one unit per 7,200 square feet). Mayor's Recommendation — The Mayor recommends that the request move forward for further review. C. Request #3 — A &R Development LLC -- Request for a comprehensive plan amendment and rezone of Parcels 172104 -9051 and 172104 -9074 totaling 1.82 acres from Office Park (OP) to Community Business (BC). Mayor's Recommendation — The Mayor recommends that the request move forward for further review. D. Request #4 — Hiu Ok Paek -- Request for a comprehensive plan amendment and rezone of Parcel 250300 -0035 (0.18) acres from Multiple Family and Multi- family (RM 1800, one unit per 1,800 square feet) to Community Business (BC). Mayor's Recommendation — The Mayor recommends that the request move forward for further review. E. Request #S — 32020 Professional Building -- Request for a comprehensive plan amendment and rezone of parcels 172104 -9058 and 172104 -9109 (1.97 acres) from Professional Office (PO) to Office Park (OP). Mayor's Recommendation — The Mayor recommends that the request move forward for further review. F. Request #6 — Request to amend language in "Chapter 2, land Use" of the Comprehensive Plan to allow senior housing, including assisted living facilities and nursing homes in the Commercial Enterprise (CE) zone. Mayor's Recommendation — The Mayor recommends that the request move forward for further review. Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 110 Meeting Date: November 3, 2014 Page 23 of 26 IX. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the recommendation to the fall Council as follows: 1. Belmor Mobile Home Park a) That the request go forward for further consideration. b) That the request not go forward for further consideration. APPROVAL OF COMMITTEE REPORT: Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member 2. Bishop /Lee/Princen a) That the request go forward for further consideration. b) That the request not go forward for further consideration. APPROVAL OF COMMITTEE REPORT: Bob Celski Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member 3. A &R Development LLC a) That the request go forward for further consideration. b) That the request not go forward for further consideration. APPROVAL OF COMMITTEE REPORT: Bob Celski Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 111 Meeting Date: November 3, 2014 Page 24 of 26 4. Hiu Ok Paek a) That the request go forward for further consideration. b) That the request not go forward for further consideration. APPROVAL OF COMMITTEE REPORT: Bob Celski Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member 5. 32020 Professional Building a) That the request go forward for further consideration. b) That the request not go forward for further consideration. APPROVAL OF COMMITTEE REPORT: Bob Celski Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member 6. Youngspring LLC Property a) That the request go forward for further consideration. b) That the request not go forward for further consideration. APPROVAL OF COMMITTEE REPORT: Bob Celski Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member Land Use /Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 112 Meeting Date: November 3, 2014 Page 25 of 26 X. LIST OF EXHIBITS Exhibit A Composite Map Exhibit B Vicinity Map of Site - Specific Request #1 — Belmor Mobile Home Park Exhibit C Aerial Map of Site - Specific Request #1 — Belmor Mobile Home Park Exhibit D Vicinity Map of Site - Specific Request #2 — Bishop /Lee/Princen Exhibit E Aerial Map of Site - Specific Request #2 — Bishop/Lee/Princen Exhibit F Vicinity Map of Site - Specific Request #3 — A &R Development LLC Exhibit G Aerial Map of Site - Specific Request #3 — A &R Development LLC Exhibit H Vicinity Map of Site - Specific Request #4 — Hiu Ok Paek Exhibit I Aerial Photo of Site - Specific Request #4 — Hiu Ok Paek Exhibit J Vicinity Map of Site - Specific Request #5 —32020 Professional Building Exhibit K Aerial Photo of Site - Specific Request #5 —32020 Professional Building Exhibit L Vicinity Map of the Commercial Enterprise Zone K: \Comprehensive Plan\2015 Major Update \Selection\Final Staff Report to the LUTC.doc Land Use/Transportation Committee (LUTC) Selection Process — Comprehensive Plan Amendments 113 Meeting Date: November 3, 2014 Page 26 of 26