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LUTC PKT 05-04-2015City of Federal Way City Council Land Use /Transportation Committee May 4, 2015 City Hall 5:30 p.m. Council Chambers MEETING AGENDA ** REVISED ** 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/ Description A. Approval of Minutes: April 6, 2015 B. 21St Ave S Pedestrian Improvements — 30% Design Status Report C. S352 nd Street Extension (Pacific Highway S to Enchanted Pkwy S) Project - Lakehaven Utility District Design and Construction Interlocal Agreement D. S356 th Street — Pacific Highway South to Enchanted Parkway Improvement Project - Lakehaven Utility District Design and Construction Interlocal Agreement E. S 320th Street (Veteran's Way) Entrance Sign — Project Acceptance F. 201h Ave S at S 314th Street Traffic Signal Relocation — PSE Utility Relocation Agreement G. Resolution to Set Public Hearing for Transportation Improvement Plan H. REVISED — WALK ON ITEM ADDED Ordinance Amending FWRC 13.43.020 to Establish Maximum Allowable Grass and Weed Height Action Presenter Page or Info Upton 3 Action Mullen 7 Action Chandra 9 Action Chandra 23 Action Mulkey 39 Action Mulkey 41 Action Perez 57 Action Morales Action Council Date N/A May 19, 2015 Consent May 19, 2015 Consent Time 5 min 5 min 5 min May 19, 2015 5 min Consent May 19, 2015 Consent May 19, 2015 Consent May 19, 2015 Consent May 19, 2015 Ordinance First Reading and Enactment 4. OTHER 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, June 1, 2015 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN 5 min 5 min 5 min 5 min Committee Members City Staff Bob Ce /ski, Chair Marwan Salloum P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant II Lydia Assefa- Dawson, Member 253- 835 -2703 This page left blank intentionally. 2 City of Federal Way City Council Land Use/Transportation Committee April 6, 2015 5:30 p.m. City Hall 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 Jeanne Burbidge and Martin Moore. Staff in Attendance: Public Works Director Marwan Salloum, Assistant City Attorney Ryan Call, City Traffic Engineer Rick Perez, Development Services Manager EJ Walsh, Streets Manager John Mulkey, Street Systems Engineer Naveen Chandra, Street Systems Engineer Jeff Huynh, and Administrative Assistant II Shawna Upton. 1. CALL TO ORDER Committee Chair Celski called the meeting to order at 5:30 PM. 2. PUBLIC COMMENT (3 minutes) No public comment was received. 3. COMMITTEE BUSINESS Topic Title/Description A. Approval of Minutes: March 2, 2015 B. c. Comm ittee approved the March 2, 2015, LUTC minutes as prese nted. Moved: Ma loney Seconded: Assefa-Dawson Passed: Unanimously, 3-0 S 324th Street (Pacific Highway South to S 322nd Street) Preservation Project -85% Design Status Report and Authorization to Bid Mr. Huynh noted the City was awarded grant funding for the overlay and ADA retrofit of S 324th Street between Pacific Highway South and S 322nd Street. He provided a brief background and summary of the project to date. He noted the project is within budget. Staff anticipates bidding the project in June 2015 with an estimated completion date of October 2015. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa-Dawson Passed: Unani mously, 3-0 S 288th Street (Military Road to City Limit) Preservation Project -85% Design Status Report and Authorization to Bid Mr. Huynh stated the City was awarded grant funding for the overlay and ADA retrofit of S 288th Street between Military Road to the east City limit. He presented background and summary information for the project including the progress to date and ongoing tasks as well as estimated expenditures and available funding. He stated the project is within the available budget and staff anticipates bidding the project in June 2015 with an estimated Forward to Council N/A April 21, 2015 Consent April 21, 2015 Consent Committee Members Bob Ce/ski, Chair Kelly Maloney, Member Lydia Assefa -Dawson, Member 3 City Staff Marwan Salloum, P.E , Public Works Director Sha wna Upton, Administrative Assistant II 253-83 5 -2703 D. E. F. G. completion date of October 2015 . Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Maloney Passed: Unanimously, 3-0 Pacific Highway South HOV Lanes Phase V Project; (S 240th Street to S 359th Street) -85% Status Report Mr. Mulkey provided background on this project which includes adding HOV lanes north and southbound, adding curb gutter and sidewalk, adding lighting, landscaping, planted medians, left turn movements restricted to intersections, and consolidating driveways where possible. He mentioned progress to date, ongoing tasks and discussed project expenditures and available funding. Further discussion was held regarding the estimated project duration and possible impacts. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa-Dawson Ordinance to Vacate a Portion of S 336th Street Passed: Unanimously, 3-0 Mr. Mulkey stated the Council conditionally approved the vacation on February 3, 2015. The conditions of the vacation were to obtain executed easements for utilities within the area to be vacated and to pay for the vacated area. Both of those conditions were met. Committee forwarded Option #1 to the business agenda for first reading. Moved: Assefa-Dawson Seconded: Maloney Passed: Unanimously, 3-0 20th Avenue S Name Change Mr. Perez noted the purpose of the name change is to honor King County Councilmember Pete von Reichbauer for his many contributions to the City. The timing of the renaming is to compliment the celebration of the 25th anniversary of the incorporation of the City. A total of eight overhead signs will be replaced and would be funded from the Traffic operations budget. A brief discussion was held regarding potential impacts to businesses or residents. Committee forwarded Option #1 as presented . Moved: Maloney Seconded: Assefa-Dawson Passed: Unanimously, 3-0 Proposed Code Amendment Related to the Regulation of Adult Family Homes Under FWRC 19.105.080 Mr. Call stated this item addresses some potential discriminatory language identified in the current code being as it is used in this context. The proposed ordinance strikes all language in this section of the code that could be viewed as discriminatory. Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded : Maloney Passed: Unanimously, 3-0 April 21, 2015 Consent April 21, 2015 Ordinance First Reading April 21, 2015 Consent April 21, 2015 Ordinance First Reading Committee Members Bob Ce/ski, Chair 4 Cicy Staff Marwan Salloum, P.E., Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 Kelly Maloney, Member Lydia Assefa-Dawson, Member H. I. Christian Faith Center Franchise Extension Mr. Call noted that this is a franchise renewal for use of a utility conduit that they are currently using and would like to continue to use. Christian Faith Center is requesting the franchise be renewed for another ten years. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa-Dawson Twin Lakes Golf and Country Club Franchise Extension Passed: Unanimously, 3-0 Mr. Call mentioned Twin Lakes Golf and Country Club has had a franchise for the last ten years for their irrigation system. They desire to continue using it and request the franchise be renewed for another ten years. Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Maloney Passed: Unanimously, 3-0 4 . OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, May 4, 2015 at 5 :30 p.m. in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 6:05 PM. Attest: April 21, 2015 Ordinance First Reading April 21, 2015 Ordinance First Reading Shawna Upton, Administrative Assistant II COMMITTEE APPROVAL: Bob Celski, Chair Committee Members Bob Ce/ski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member Kelly Maloney, Member 5 Lydia Assefa-Dawson, Memb er City Staff Marwan Salloum, P.E., Public Works Director Shawna Up ton, Administrative Assistant II 2S3-835-2703 This page left blank intentionally. 6 COUNCIL MEETING DATE: May 19, 2015 ITEM#: __ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 21st Ave S Sidewalks Improvement Project (S320th Street to S316th Street) -30% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the 21st Ave S Sidewalks Improvement Project (S320th Street to S316th Street) and return to the LUTC and Council at the 85% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee CATEGORY: IZJ Consent D City Council Business D Ordinance D Resolution MEETING DATE: May 4, 2015 D Public Hearing D Other Attachments: Land Use and Transportation Committee memorandum dated May 4, 2015. Qp~i.()~~~_Q~~~«:l.!'.'.~~<J.;...... -...... -..... ... -·-·· . ---· ----···· .... -·· - 1. Authorize staff to proceed with the design of the 21st Ave S Sidewalks Improvement Project (S320th Street to S316th Street) and return to the LUTC and Council at the 85% design completion stage for further reports and authorization. 2 . Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. MAYOR'S RECOMMENDATION: The mayor recommends Option 1 be forwarded to the Consent Agenda for approval. MAYOR APPROVAL: CHIEF OF STAFF: COMMITTEE RECOMMENDATION: I move to forward Option I to the May 19, 2015 Council Cons ent Agenda for approval. Bob Celski, Chair Kelly Maloney, Memb er Lydia Assefa-Dawson , Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with th e design of th e 21st Ave S Sidewalks Imp rovement Project (S320th Stree t to S3 J 6th Stree t) and re turn to th e LUTC and Council at the 85% design completion stage for fitrth er reports and authoriz ation . " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) C OUNCIL ACTIO N: 0 A PPROVED 0 D EN IED 0 TA BLED/DEFERRE D/NO ACTION 0 MOVE D TO SEC OND READING (o rdinances only) RE V ISE D -02/0 6/2006 7 COUNC IL BILL# I 5T r eading E nactment r eading ORDINANCE# RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May4, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director Christine Mullen, P.E ., Street Systems Project Engineer~ 21st Ave S Sidewalks Improvement Project (S320th Stre~ to S3 l 6th Street) -30% Design Status Report SUBJECT: BACKGROUND: This Project will install sidewalk on the west side of 21st Ave S from S320th Street to S3 l 6th Street. This project requires right-of-way acquisition from one parcel. The following provides a brief synopsis of the progress on this project to date . Currently, the project design is approximately 30% complete, which includes the following completed tasks: • The Topographical Surveys • Utility Coordination • NEPA/SEP A Documentation and Submittals • Right of Way plan preparation • Project Design to 30% Ongoing Tasks Include: • Preliminary Contract Specifications • Project Design to 85% • Right of Way Acquisition PROJECT ESTIMATED EXPENDITURES: Design Right of Way 2016 Construction Cost 10% Construction Contingency Construction Management TOT AL PROJECT COSTS AVAILABLE FUNDING: Budgeted City Funds PSRC Grant (County Wide Non-Motorized) TOTAL AVAILABLE BUDGET PROJECT BUDGET SHORTFALL: $142,350 $330,000 $720,000 $72,000 $90,000 $1,354,350 $75,000 $397,350 $472,350 -$882,000 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85% desi gn completion status report for further action. This project is not scheduled for construction at this time. Construction funding needs to be identified. 8 COUNCIL MEETING DATE: May 19, 2015 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM SUBJECT: SOUTH 352ND STREET (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY) EXTENSION PROJECT- LAKEHAVEN UTILITY DISTRICT DESIGN AND CONSTRUCTION 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 South 352nd Street (Pacific Highway South to Enchanted Parkway) Extension Project COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 4, 2015 CATEGORY: ~ Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other STAFF REPORT BY: NA VEEN CHANDRA, P .E., Street Systems Project Enginee~EPT: Public Works ... ·······---·······················-··················-················-········ ... .. . ......................................................................... ---···· Attachments: I. Land Use and Transportation Committee memorandum dated May 4 , 2015 2. Interlocal Agreement Options Considered: I. Authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 352nd Street (Pacific Highway South to Enchanted Parkway) Extension Project. 2. Do not authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 352nd Street (Pacific Highway South to Enchanted Parkway) Extension Project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 19, 2015 City Council Consent Agenda for approv MAYOR APPROVAL: ~~=::--~, ~~~~ECTORAPPROVAL: ~~~~:--~~~- CHIEF OF STAFF: -4:::?,/::~,.,.)M--Yh."'8.l..JeJl'P COMMITTEE RECOMMENDATION: I move to forward Option I to the May 19, 2015 City Council consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member PROPOSED COUNCIL MOTION: "I move to authorize th e Mayor to execute the Interlocal Agree ment between the City of Federal Way and Lakehaven Utility District for th e South 352nd Street (Pacific Highway South to Enchanted Parkway) Extension Project." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED D DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED -08/12 /2010 9 COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: May4, 2015 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell , Mayor t _ ~ Marwan Salloum, P .E., Public Works Dire_ctor ~A __ Naveen Chandra, P.E., Street Systems Project Engmeer ~ · South 352"" Street (Pacific Highway South to Enchanted Parkway) Extension Project -Lakehaven SUBJECT: Utility District Design and Construction Interlocal Agreement BACKGROUND: The Lakehaven Utility District requested the City to 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 South 352nct Street (Pacific Highway South to Enchanted Parkway) Extension 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 $20,740.73 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\2015 \05-04-15 S 352nd Street Extension -LUD ILA .doc 10 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE SOUTH 352ND STREET EXTENSION PROJECT (SR 161 TO SR 99) THIS AGREEMENT is made and entered into this __ day of , 2015, by and between the City of Federal Way (hereinafter "City") and Lakehaven Utility District (hereinafter "District"), collectively referred to herein as the "Part ies." WHEREAS , the City proposes to proceed with the South 352nd Street Extension Project (SR 161 to SR 99), 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 laws, regulations and franchises; and WHEREAS, in connection with the street-and storm sewer-related improvements being undertaken by the City, the District will be required to relocate and modify certain water and sanitary sewer facilities such as mains, fire hydrants, valves, water meters, and manholes; and resolve water and sewer facility conflicts with other proposed improvements; and will need to undertake other related work within the Project area; and WH EREAS, Chapter 39.34 RCW (lnterlocal 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 City selected a professional engineering consultant (hereinafter "Consultant") in accordance with applicabl~ ru les and regulations to design, and prepare plans, specifications, and Engineer's estimate for the Project, and the District has determined that the ·Consultant is best qualified to design, and prepare plans, specifications, and Engineer's estimate for the necessary water and sewer facility improvements in connection with the Project; 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 pub lic works South 352nd Street Extension Project Page 1 May 2015 11 construction contract for the installation of the water and sewer work in connection with the Project (hereinafter "District Work"), and providing construction management service s in support thereof, as described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the Parties hereto executed an lnterlocal Agreement on the 25th day of August 2010 for District Work ih connection with the Project as designed at that time, and said design has been modified, conditions and contract document requirements have changed since 2010, and the City and Consultant terminated their agreement associated with said lnterlocal Agreement, and have executed a new agreement for Consultant services for the Project; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. INTERLOCAL AGREEMENT SUPERCEDED. The lnterlocal Agreement for District Work in connection with the Project as executed by the Parties on the 25th day of August 2010 shall be terminated upon the execution of the lnterlocal Agreement hereinunder. 11. DESIGN AND PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE. The Consultant, KPG, Inc., shall perform design work and prepare 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 Contract Bid Documents and Engineer's estimate for the Project, all as more specifically set forth in Exhibit A, attached hereto and incorporated herein by reference. Ill. BIDDING AND CONSTRUCTION. A. It is the intention . of the Parties that the District plans and specifications developed under Paragraph 11 shall be incorporated intb 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 for the Project, the City shall furnish for the District's review a tabulation of the bid responses submitted for the District Work. Within twenty days of receiving the bid . tabulation, the District shall notify the City in writing whether the District approves or rejects their portion of the bid award. If the City elects to award a contract for the project, bid award will 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. Following such notice from the District that the bid results are unacceptable to the District, the City may elect to proceed with its portion of the Project, and the District Work shall be deleted from the Contract Documents . South 352nd Street Extension Project Page 2 May 2015 12 IV. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project, exclusive of such construction observation, material review and ancillary construction administration support provided by the District in coordination with City staff. 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. .· 8. 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, iffeasible. 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. V . 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 lim ited to the fees charged by the Consultant for the District Work performed in accordance with Exhibit A, said exh ibit attached hereto and incorporated hereunder and by the Project contractor in accordance with the Contract Documents, all District requested changes, and the District's cost of the City services described in Paragraph IV.A herein, and as summarized 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. VI. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and holc;i 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, aris ing 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, los ses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities , including , without limitation, their respective agents, license es, 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 the District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement South 352nd Street Extens ion Proje ct Pag e 3 May 20 1 5 13 with respect to any event occurring prior to such expiration or termination. VII. DURATION. This agreement shall become effective immediately upon execution by both parties, and shall continue in force until either: (1) the District rejects all bids as set forth in Paragraph 111.B herein; or (2) the City Council accepts the completion of the project, whichever is earlier. VIII . 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 the Contract Documents, including District requested changes; 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. 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 may be extended for additional periods of time upon mutual written agreement of the City and District. E. Adherence to deadline dates is essential to the performance of this lnterlocal Agreement. F. 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 agreethatthe work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITN ESS WH EREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. (SIGNATURE PAGE FOLLOWS) South 352nd Street Extension Project Page 4 May 2015 14 CITY OF FEDERAL WAY Jim Ferrell, Mayor 33325 8th A venue South Federal Way, WA 98063-9718 (253) 835-2401 APPROVED AS TO FORM: Amy Jo Pearsall, City Attorney ATTEST: Stephanie Courtney, CMC, City Clerk South 352nd Street Extens ion Project Page 5 15 LAKEHA VEN UTILITY DISTRICT 31627 1st Avenue South PO Box 4249 Federal Way, WA 98063-4249 (253) 941-1516 Steven H. Pritchett, General Counsel May 2015 EXHIBIT A CITY OF FEDERAL WAY SOUTH 352ND STREET EXTENSION PROJECT (SR 161 TO SR 99) SCOPE OF WORK KPG MARCH 20, 2015 (For Lakehaven Utility District via lnterlocal Agency Agreement) Work to be completed under this amendment in~olves preparation of plans, specifications, engineer's estimate, and bid documents for the South 352nd Street Extension -SR 161 to SR 99 Project. Plans will be prepared in accordance with Lakehaven Utility District ("District") design standards as summarized and itemized in the District's plan review checklist. Contemplated improvements included under this scope, subject to review by the City and the District, and previous review comments provided by the District, include the following: Water a. Removal and disposal of approximately 380-LF of 8-inch diameter Asbestos Cement (AC) main, and installation of approximately 380 -LF of 8-inch diameter Ductile Iron (DI) main (STA 84+35, 60' RT to STA 84+95, 80' LT). b. Vertical relocation of existing 8-inch diameter lateral (STA 97+60, 70' RT) main by removal and disposal of existing and insta llation of new main to allow for drainage facility installation and driveway re-grading . c. Vertical relocation of existing 8-inch diameter DI main (STA 99+05, 15' RT) by removal and disposal of existing and installation of new main to allow for drainage facility installation. The length of vertical relocation may be extended up to 100 ' in length to provide adequate cover under pavement section. d. Removal of existing and installation of new fire hydrant in one (1) location (STA 84+80, 47' LT). e. Identification of water valve adjustments to finished grade throughout the project limits. f. Other minor relocations and adjustments based on the results of a review meeting with the City and the District to finalize the Plans. Sewer a . Identification of sewer manhole adjustments to finished grade throughout the project limits . South 352nd Street Extension Project Page 6 May 2015 16 EXHIBIT A b. No conflict analysis is anticipated for side sewers unless data is provided by the District. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. Task 8.1 -Project Management Work under this task includes time to prepare and execute an amended agreement with the City, including Exhibit A hereinunder; prepare associated invoicing and progress reports; attend one (1) meeting with the City and the District to determine any changes needed since the 2010 plans and/or in coordination with upcoming improvements to Pacific Highway South; plan and schedule the work ; plan for and execute Quality Assurance and Quality Control reviews; and coordinate with the City and the District. This task assumes the design phase, including reviews by the District, will last approximately three (3) months. Task 8.2 -Waterline Plan and Profile Sheets The Consultant will prepare up to two (2) water facility plan and profile sheets, consistent with the project limits, to show the relocations, installations and adjustments required. 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. In addition, hori zontal alignment information, existing and relocated hydrant and valve locations, types and 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 to other utilities, including storm drainage facilities. The full -sized scale shall be 1-inch = 20 -feet. The profile view will be at 1-inch = 20-feet horizontal scale and 1-inch = 5-feet vertical scale . Each sheet will show the existing and proposed ground; and pipe elevation (top or bottom of pipe) information for the existing and proposed water mains at critical locations, specifically at utility crossings, including storm drainage facilities. 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 provided by the District. Existing and proposed utility crossings will be shown as ellipses in the profiles. All work associated with the water system facilities will be shown on these 'stand -alone ' plans and profile sheets. Any references t o the water system facilities on the City's roadway plans will be edited to reference these documents. Task 8 .3 -Wate r Lin e De t ail She ets The Consultant will include details not covered in the Washington State Department of Transportation (WSDOT) Standard Plans or in th e District's Water System and Sewer System Standard Details on the Plan and Profile sheets . Pertinent Standard Plans and Standard Detail s heets from these source s will b e included as an appendix in the contract specifications. South 352 nd Stree t Extension Proj ect Pag e 7 May 20 1 5 17 EXHIBIT A Task 8.4 -Sewer Manhole Field Investigation The finished grade elevations of the sewer manholes within the project limits will be adjusted . The Consultant shall verify the as-constructed sanitary sewer manholes including size, cone section, ladders, and number and sizes of risers. All observations will be made from the surface with no entry into manholes anticipated. Task 8.5 -Sewer Manhole Adjustments Based on the information collected in Task 8.4, 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 District bid schedule. Task 8.6 -Specifications The Consultant will prepare special provisions for construction of the water system facilities and sewer manhole adjustments per District Standards. Special provisions shall supplement WSDOT's 2014 Standard Specifications, unless the District's Water System and Sewer System Standards specify otherwise. The water system facilities and sewer manhole adjustment bid items will be included as a separate bid schedule, except that modifications to District facilities that are in easements, and that are necessary to accommodate the City's street and storm system improvements, shall be included in Schedule A. Task 8.7 -Opinion of Cost The Consultant will prepare a 100% and final opinions of cost for the District Work. The breakdown of items shown in the opinion of cost shall be of sufficient detail for inclusion in the Contract Bid Documents. Management Reserve The District 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 unanticipated project needs or other considerations at the sole discretion of the District. This work may include additional design , easement document preparation, construction support services, and other items that were not anticipated with the development of this scope of work. These services will be authorized by the District 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 District has authorized the work and issued a notice to proceed. South 352nd Street Extension Project Page 8 May 2015 18 EXHIBIT A SCHEDULE: 1. The City's roadway design has been completed to the 100-percent design level. The Consultant will commence work on the water line design immediately upon receipt of a notice to proceed from the City. The Consultant will deliver the 100-percent Plans, Specifications and Engineer's Estimate to the City and the District approximately four (4) weeks after the Consultant receives said notice to proceed. 2. The City and District will review the 100-percent Plans, Specifications, and Engineer's Estimate, and return comments back to the Consultant no more than three (3) weeks after receiving said documents from the Consultant. Comments received after this date may not be incorporated into the Final Contract Documents without a contract modification. 3. The Consultant will incorporate comments, and prepare and deliver to the City and the District the Final Plans, Specifications, and Engineer's Estimate, including the District Work, approximately three (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 for transfer to the District: 1. The Consultant will submit at the 100-percent stage of completion, two (2) copies each of the half-sized plans, full-sized plan sheets, and special provisions for review and comment. 2. Two (2) sets of full-sized bond prints of "Final" water line plans (water schedule only). 3. Two (2) sets of half-sized bond prints of "Final" water line plans (water schedule only). 4 . Two (2) sets of camera-ready hard copy special provisions which cover the District Work- related elements of the project only. 5. One ( 1) computer disk for the plans of the District Work elements of the project in Auto CAD format. 6. One (1) computer disk for the special provisions related to the District Work in Microsoft Word format. 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. South 352 nd Street Extension Proje ct Page 9 May 2015 19 EXHIBIT A 3. All base-mapping, surveying and utility coordination already performed as part of the Project is adequate, and no additional effort in these areas is included in this amendment, except as necessary to correct items noted in previous review comments, and to inventory as - constructed sanitary sewer manhole conditions as described in Task 8.4 . 4. The District shall provide the Consultant, in a timely manner, the District'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. 5. The District's representative with respect to services to be rendered under the Agreement shall be as designated by the District's Engineering Manager. 6. The District shall coordinate with the City to receive the required number of sets of final Contract Documents . 7. The District 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 antic i pated for side sewers unless data is provided by the District. 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 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 the District's actual project costs, financial aspects, economic feasibility, or schedules will not vary from the Consultant's opinions , analyses, projects , or estimates. South 3 52 nd Street Extension Project Page 10 Ma y 2015 20 N I-' EXHIBIT A HOUR AND FEE ESTIMATE Project: City of Federa l Way S 352nd Street Extension SR 161 to SR 99 EXHIBITD-1 . Supplement No. 1 -Lakehaven Utility District Final Design Labor Hour Estimate PrqEngr Dsnengr Prqect Se!Ior SeriorLA LA Sine'/ Task Description Manager Engineer ProjSWV SUrveya-aeN $ 64.90 s 56-56 $ 41JXl $ 35.60 $ 50.65 $ Work Element 8 -LUO Water amt Sewer Design 8 :1 Project M anagement 4 0 4 0 0 8.2 Waterline Plan and Profile Sheets 4 0 32 0 Q 8.3 Watefline Details 0 0 8 Q 0 8.4 Sewer Man:hole Field Investigation 0 0 8 0 8 a s Sewer Manhole Adjustments 2 0 4 0 0 &6 Specifications 4 0 12 0 Q 8.7 O oinloo of Cost 2 0 4 0 0 Reimbursa ble -M~eage Reimil!JF.,a!J'.e -Reproductioo Task Totals 16 0 72 0 8 Tech Clelical 28.85 $ 22..35 Holrs 0 8 16 12 0 48 s 0 16 0 0 ·t6 Q 0 6 0 4 20 0 0 6 20 12 128 Direct Ollertlead Labor Cost 145.78% 602 878 1,918 2 ,796 559 815 733 1,069 294 428 841 1,2-."6 294 428 5,241 7,640 KPG • Architecture • Landscape Architecture • Civil Engineering + Totat Fee Profit Effective lfU!iplier 30% 2-7578 181 $ 1,661.30 575 $ 5,288.91 168 $ 1,541.06 220 $ 2,022.02 88 $ 810.24 252 $ 2,319.31 88 $ 810.24 $ 50.00 $ 250.00 1,572 $ 14,753.08 SUbtotal $ Management Reserve S 14,753.08 5,000.00 TOTALHOURSANDTOTALESTIMATEDFEE I 16 I 0 I 72 I 0 I 8 I 20 I 12 I 128 I 5241 I 7640 I 1572J}~.153JIBI South 352nd Street Extension Project Page 11 May 2015 EXHIBIT B CITY OF FEDERAL WAY ESTIMATED COSTS SOUTH 352ND STREET EXTENSION PROJECT (SR 161 TO SR 99) EST/MA TED DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING THE DISTRICT WORK: ESTIMATED DESIGN COST Estimated design costs for District Work (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 (Design) Project Administration (5% of project cost) TOTAL ESTIMATED COST $ 19,753.08 TBD TBD TBD TBD TBD TBD $ 19,753.08 $ 987.65 $ 20,740.73 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 the final cost due from the District for its portion of the District Work for reimbursement to the City. South 352nd Street Extension Project Page 12 May 2015 22 COUNCIL MEETING DATE: May 19, 2015 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM#: ----- SUBJECT: SOUTH 356TH STREET {PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY) IMPROVEMENT PROJECT -LAKEHA VEN UTILITY DISTRICT DESIGN AND CONSTRUCTION INTERLOCAL AGREEMENT POLICY QUESTION: Should the Council authorize the Mayor to execute the Interloc~l Agreement between the City of Federal Way and Lakehaven Utility District for the South 356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project COMMITTEE: Land Use and Transportation Committee CATEGORY: IZJ Consent D City Council Business D Ordinance D Resolution MEETING DATE: May 4, 2015 D Public Hearing D Other STAFF REPORT BY: NA VEEN CHANDRA , P.E., Street Systems Project Engineer DEPT: Public Works ........................................................................................................................... __ .......... . .. ····································--····.. . ............................. _ ...................................................................................................... _ ··································-··········-............................................... _ •..... Attachments: 1. Land Use and Transportation Committee memorandum dated May 4, 2015 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 South 356111 Street (Pacific Highway South to Enchanted Parkway) Improvement Project. 2. Do not authorize the Mayor to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 356111 Street (Pacific Highway South to Enchanted Parkway) Improvement Project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 19, 2015 City Council Consent Agenda for appro COMMITTEE RECOMMENDATION: !move to forward Option 1 to the May 19, 2015 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 South 356th Street (Pacific Highway South to Enchanted Parkway) Improvem ent Project." · (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECONI;> READING (ordinan ces only) REVISED -08/12/2010 23 COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLUTION # DATE: TO: VIA: FROM: SUBJECT: May4, 2015 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor ~ ---- Marwan Salloum, P.E., Public Works Director ~ ~ Naveen Chandra, P.E., Street Systems Project Engineer ~ South 356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project- Lakehaven Utility District Design and Construction Interlocal Agreement BACKGROUND: The Lakehaven Utility District requested the City to enter into an interlocal agreement for the design and constrnction of water main replacement and adjustment of Water and Sanitary Sewer facilities as part of the South 3561 " Street (Pacific Highway South to Enchanted Parkway) Improvement Project in an effort to reduce both cost and extended public disrnption of the area . A copy of the proposed agreement is attached to this memo. The estimated cost of the interlocal agreement is $82,171.81 and includes the cost for the design phase of the project and project administration. The constrnction phase of the project will be added to the ILA as a supplement to the agreement when the constrnction cost has been identified. K:\LUTC\2015\05-04-15 S 356 h Street Improvement -LUO ILA.doc 24 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) THIS AGREEMENT is made and entered into this __ day of , 2015, 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 South 356th Street Improvements (Pacific Highway South to Enchanted Parkway South), 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 laws , regulations andfranchises; and WHEREAS , in connection with the street-and storm sewer-related improvements being undertaken by the City, the District will' be required to relocate and modify certain water and sanitary sewer facilities such as mains, fire hydrants, valves, water meters, and manholes ; and resolve water and sewer facility conflicts with other proposed improvements ; and will need to undertake other related work within the Project area; and WHEREAS, Chapter 39 .34 RCW (lnterlocal 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 City selected a professional engineering consultant (hereinafter "Consultant") in accordance with applicable rules and regulations to design, and prepare plans, specifications, and Engineer's estimate for the Project, and the District has determined that the Consultant is best qualified to design, and prepare plans, specifications, and Engineer's estimate for the necessary water and sewer facility work in connection with the Project; 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 South 356th Street Improvements Page 1 May 2015 25 construction contract for the water and sewer work 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; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. DESIGN AND PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE. The Consultant, KPG, Inc., shall perform design work and prepare 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 Contract Bid Documents and Engineer's estimate for the Project, all as more specifically set forth in Exhibit A, attached hereto and incorporated herein by reference. II. BIDDING AND CONSTRUCTION . A. It is the intention of the Parties that the District plans and specifications developed under Paragraph I 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 for the Project, the City shall furnish for the District's review a tabulation of the bid responses submitted for the District Work. Within twenty days of receiving the bid tabulation, the District shall notify the City in writing whether the District approves or rejects their portion of the bid award. If the City elects to award a contract for the project, bid award will 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. Following such notice from the District that the bid results are unacceptable to the District, the City may elect to proceed with its portion of the Project, and the District Work shall be deleted from the Contract Documents. Ill. CONTRACT ADMINISTRATION . A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project, exclusive of such construction observation, material review and ancillary construction administration support provided by the District in coordination with City staff. 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, iffeasible . The City shall notify the District, in writing, of any changes required of the District Work and shall South 356th Street Improvements Page 2 May 2015 26 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. 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 fees charged by the Consultant for the District Work performed in accordance with Exhibit A , said exhibit attached hereto and incorporated hereunder, and by the Project contractor in accordance with the Contract Documents , all District requested changes, and the District's cost of the City services described in Paragraph Ill.A herein, and as summarized 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 the 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 , and shall continue in force until either: (1) the District rejects all bids as set forth in Paragraph 11.B herein; 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 relat ed thereto . South 35 6th Stree t Improvem e nts Page 3 Ma y 2 015 27 · B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to the Contract Documents, including · District requested changes, 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. 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 may be extended for additional periods of time upon mutual written agreement of the City and· District. E. Adherence to deadline dates is essential to the performance of this lnterlocal Agreement. F. 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. (SIGNATURE PAGE FOLLOWS) South 356th Street Improvements Page 4 May 2015 28 CITY OF FEDERAL WAY 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 South 356th Street Improvements 29 LAKEHA VEN UTILITY DISTRICT ~!.+i-.1~~· ~General Manager we. 31627 1st A venue South PO Box 4249 Federal Way, WA 98063-4249 (253) 941-1516 Page 5 May 2015 EXHIBIT A CITY OF FEDERAL WAY SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) SCOPE OF WORK KPG MARCH 20, 2015 (For Lakehaven Utility District via lnterlocal Agency Agreement) Work to be completed under this amendment involves development and evaluation of options; review, design , and preparation of plans, specifications, engineer's estimate, and bid documents; and preparation of easement legal · descriptions for the South 356th Street Improvements (Pacific Highway South to Enchanted Parkway South) project. Plans will be prepared in accordance with Lakehaven Utility District ("District") design standards as summarized and itemized in the District's plan review checklist. Contemplated improvements included under this scope, subject to review by the City and the District , include the following: Water a. Remove and dispose approximately 1, 100-LF of 8-inch diameter Asbestos Cement (AC) main, and install 8-inch diameter Ductile Iron (DI) main (STA 213+00 to 223+20 , north side of South 356 1h Street). The new water main will generally be installed along the north side of the street improvements at a location developed in collaboration with the District and the City. b. Anticipated water improvements include modifications to the existing eastern terminus of the recently constructed DI water main to the west, supplemental valves at the lateral mains, removal of existing and installation of new hydrant assemblies at locations to be determined, and replacement of existing water services. Depending on the location of the new main and hydrants, one or more of the hydrant laterals may be configured as a stub lateral main with temporary hydrant assembly termination . c. Considering the businesses served in the corridor, the work may need to have a proposed construction sequence and provisions for temporary water service(s) in project specifications . · Sewer a. Identification of sewer manhole adjustments to finished grade throughout the project limits . South 356th Street Improvem ents Pag e 6 Ma y 20 15 30 EXHIBIT A b. No conflict analysis is anticipated for side sewers unless data is provided by the District. 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 prepare and execute an amended agreement with the City, including Exhibit A hereinunder; prepare associated invoicing and progress reports; plan and schedule the work; plan for and execute Quality Assurance and Quality Control reviews; and coordinate with the City and the District. This task assumes the design phase, including reviews by the District, will last approximately six (6) months. Task 17.2 -Record Research and Preliminary Alignment Plan The Consultant will review existing utility records and prepare a preliminary alignment scroll plan for review and comment by the District. 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 three (3) 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 the District's Plan Review Checklist. Plan 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 plan scale shall be 1-inch = 20-feet. The profile view will be at 1-inch = 20-feet horizontal scale and 1-foot = 5-feet vertical scale. Each sheet will show the existing and proposed ground; and pipe elevation (top or bottom of pipe) information for the existing and proposed water mains at critical locations, specifically at utility crossings, including storm drainage facilities. 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 shutdownswill be prepared in collaboration with the District. Service and meter sizes will be provided by the District. South 356th Street Improvements Page 7 May 2015 31 EXHIBIT A 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 sheet for details not covered in the Washington State Department of Transportation (WSDOT) Standard Plans or in the District's Water System and Sewer System Standard Details. Pertinent Standard Plan and Standard Detail sheets from these sources will be included as an appendix in the contract specifications. Task 17.5 -Field Investigation 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 cone section, cone orientation, ladders, and number and sizes of adjustment rings. Invert elevation at center of structure and t~e 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 the District. Task 17.6 -Sewer Manhole Adjustments Based on the information collected in Task 17.5, 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. Task 17.7 -Specifications The Consultant will prepare special provisions for construction of the water system facilities and sewer manhole adjustments per District 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. South 356th Street Improvements Page 8 May 2015 32 EXHIBIT A Task 17.8 -Opinion of Cost The Consultant will prepare an 85%, 100% and final opinions 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 the District 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 The District 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 unanticipated project needs or other considerations at the sole discretion of the District. This work may include additional design, easement document preparation, construction support services, and other items that were not anticipated with the development of th is scope of work. These services will be authorized by the District under the 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 District has authori zed the work and issued a notice to proceed. SCH EDULE: 1. The City's roadway design is approaching the 85-percent design level. The Consultant will commence work on the water line design immediately upon receipt of a notice to proceed from the City. The Consultant will deliver to the City and the District the 85 -percent Plans , Specifications and Engineer's Estimate six to eight (6 to 8) weeks after the Consultant receives said notice to proceed . 2. The City and the District will review the 85 -percent Plans, Specifications and Engineer's Estimate , and return comments back to the Consultant no more than three (3) weeks after receiving said documents from the Consultant. 3. The Consultant will incorporate comments , and prepare and deliver to the C ity and the District 100 -percent Plans, Specifications , and Engineer's Estimate for the District Work concurrent with the 100-percent Roadway Project submittal. 4. The City and the District will review the 100-percent Plans, Specifications, and Engineer's Estimate, and return comments back to the Consultant no more than three (3) weeks after receiving said documents from the Consulta nt. Comments received after this date may not be incorporated into the Final Cont ract Do c uments without a contract modification. 5 . The Consultant will incorporate comm e nts, and prepare and de liver to the City and th e District the Final Plans, Specifications , and Eng ineer's Estimate fo r the Project, including the So uth 356th Stree t Improve m ents Page 9 May 2 01 5 33 EXHIBIT A District Work, approximately three (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 for transfer to the District: 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 -percent submittal. · 2. The Consultant will submit at 85-percent and 100-percent stages of completion, two (2) 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 (District Work only). 4. Two (2) sets of half..:si zed bond prints of "Final" Water and Sewer Plans (District Work only). 5. Two (2) sets of camera-ready hard copy special provisions which cover only the project elements related to the District work. 6 . One (1) computer disk for the plans of the District Work elements of the project in AutoCAD format. · 7. One (1) computer disk for the special provisions related to the District Work in Microsoft Word format. ASS UMPTIONS : 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. The District shall provide the Consultant, in a timely manner, the District'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 w ithout revision. 4. The District's representative with respect to services to be rendered under the Agre ement s hall be as designated by the District's Enginee ring Manager. South 3 5 6 th Stree t Improve me nts Page 10 May 20 1 5 34 EXHIBIT A 5. The District shall coordinate with the City to receive the required number of sets of final Contract Documents. 6. The District shall pay all permit fees necessary to complete the work described in this scope of work. 7. No conflict analysis has been completed or is anticipated for side sewers unless data is provided by the District. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. 8. 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 the District's actual project costs, financial aspects, economic feasibility or schedules will not vary from the Consultant's opinions, analyses, projects, or estimates. South 356th Street Improvements Page 11 May 2015 35 w O'I EXHIBIT A HOUR AND FEE ESTIMATE EXHIBITE-1 Project : City of Federal Way .S 356th Street Improvements Pacific Hwy S to Enchanted Parkway S Supplem ent No. 1 -Lakehaven Utility District Water and .Sewer Design Labor Hour Estimate Proj Engr Osnaigr Prtject Scl'niar SeriorLA lA SLrVey Task O.e.scription Manager EngiReer ProjSWV ~ af'JW $ 64.90 s 56.56 $ 41.ll!l s 3S1iO $ 50.65 s Work Element 17 -LUO Water and Sewer Design "17.1 Project Managemeni 12 0 4 0 0 17-2 Re view records and prepare prel iminary alignment i; 2 4 s 24 0 17..3 Wateiline Plan and Profile Sheets 16 24 120 40 0 17.4 \l\i'ateiline Detail Sheets 2 8 "16 24 0 11.s Fiel d bwes1Jgaoon 0 0 4 8 16 17..6 Sewer Manhole Adjustments 2 2 8 0 0 17. 7 ~"'eciiications 4 4 24 8 0 17 .8 Opinioo of Cost 2 8 16 16 0 Reim bursab le -Mil eage Reimilursilble -ReDrcduciioo Task Totals 40 50 2-00 123 16 Tech Clerical 26 .85 $ 22.35 Hol.n 0 12 28 40 2 BO so 0 280 16 0 66 8 4 40 8 0 20 12 s 60 16 4 62 180 30 636 Direct overhead labor Cost 145.78% 1,211 1,765 2,737 3,990 11,04S 16.,106 2,554 3,724 1,579 2,302 802 1,·169 2.2BO 3.323 2,359 3,439 24.570 35 818 KPG • Architecture + Landsc.apc Arc.hitectilre • Civil Engi.ncer!ng + Totatfee Profit Effective mtitiplier 30% H'S/8 363 $ 3,339.70 821 $ 7,548 .48 3,314 $ 30,467.73 766 $ 7,044.19 474 $ 4,355.67 241 $ 2,210.913 684 $ 6 286.79 708 $ 6,505.32 $ 100.00 $ 400.00 7,371 $ 68,258.87 Subtotal S 68,258.87 Management Reseive S 10,000.00 TOTAL HOURSAtirOTOTAlESTIMATEDFEE I 40 I so I 200 I 120 I 16 I 186 I 3o I 6J6. -I 24510 I 35818 I 1311 . I $ . 78,258.811 South 356th Street Improvements Page 12 Ma y 20 15 EXHIBIT B CITY OF FEDERAL WAY ESTIMATED COSTS SOUTH 356TH STREET IMPROVEMENTS (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY SOUTH) EST/MA TED DESIGN, CONSTRUCT/ON, PROJECT ADMINISTRATION AND CONSTRUCT/ON MANAGEMENT COSTS FOR INCLUDING THE DISTRICT WORK: ESTIMATED DESIGN COST Estimated design costs for District Work (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 (Design) Project Administration (5% of project cost) TOTAL ESTIMATED COST $ 78,258.87 TBD TBD TBD TBD TBD TBD $ 78,258.87 $ 3,912.94 $ 82,171.81 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 pr(1sented are estimates only. Actual costs incurred will be used to calculate the final cost due from the District for its portion of the District Work for reimbursement to the City. South 356th Street Improvements Page 13 May 2015 37 This page left blank intentionally. 38 COUNCIL MEETING DATE: May 19, 2015 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 320th Street (Veterans Way) Entrance Sign-Project Acceptance ITEM#: ----- POLICY QUESTION: Should the Coun~il accept the S 320th Street (Veterans Way) Entrance Sign project constructed by Federal Way Sign, LLC as complete? COMMITTEE: Land Use and Transportation Committee CATEGORY: ~ Consent 0 City Council Business 0 Ordinance 0 Resolution MEETING DATE: May4, 2015 0 Public Hearing 0 Other Attachments: Land Use and Transportation Committee memorandum dated May 4, 2015 . .. Options Considered: 1. Authorize final acceptance of the S 320t11 Street (Veterans Way) Entrance Sign Project constructed by Federal Way Sign, LLC, in the amount of $89,138.63 as complete . 2. Do not authorize final acceptance of the completed S 320t11 Street (Veterans Way) Entrance Sign Project constructed by Federal Way sign, LLC as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Ma 19, 2015 City Council Consent Agenda for appro 1. CHIEF OF STAFF: COMMITTEE RECOMMENDATION: I move to forward Option 1 to th e May 19, 2015 City Council consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the S 320tl' Street (Veterans Way) Entrance Sign Project constructed by Federal Way Sign, LLC, in the amount of $89,138. 63 as complete. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordin ance s only) REVISED -08 /12 /2010 k:\council \agdbills\2 015\0 l-06-15 lakota s1is proj ect -proj ect acce ptance.doc 39 COUNCIL BILL# l 5T r eading Enactment reading ORDINANCE# RESOLUTION# DATE : TO: VIA: FROM: SUBJECT: May 4 , 2015 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell , Mayor v Marwan Salloum, P.E., Public Works Director John Mulkey, P.E ., Street Systems Manager S 320th Street (11th Pl South to 1-5 Limited Access) Preservation Project -Project Acceptance BACKGROUND The City Council must accept the work on a Public Works construction project as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The "S 320th Street (Veterans Way) Entrance Sign Project" contract with Federal Way Sign, LLC is complete. The final construction contract amount is $89 ,138.63. This is $1,500.00 below the $90 ,638 .63 budget that was approved by the City Council on February 3, 2015. 40 COUNCIL MEETING DATE: May 19, 2015 rnrn E!~M #:_•••••-••••••-•••·--•••••-··--••••••-- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 20th Avenue Sat S 314th Street Signal Improvements -Puget Sound Energy Relocation Agreement POLICY QUESTION: Should the Council authorize the Mayor to sign the 20th Avenue S at S 3 l 4th Street Signal Improvements Puget Sound Energy Relocation Agreement? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May4, 2015 CATEGORY : ~ Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other Attachments: Land Use and Transportation Committee memorandum dated May 4, 2015. Options Considered: 1. Authorize the Mayor to sign the 20th Avenue S at S 3141h Street Signal Improvements Puget Sound Energy Relocation Agreement. 2. Do not authorize the Mayor to sign the 20th Avenue S at S 314th Street Signal Improvements Puget Sound Energy Relocation and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option Consent Agenda for appr :val. · CHIEF OF STAFF: COMMITTEE RECOMMENDATION: I move to forward Option 1 to th e May 19, 2 015 City Coun cil consent age nda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member PROPOSED COUNCIL MOTION: "/mo ve to authorize the Mayor to sign th e 20tl' Avenue Sat S 314tl• Stree t Signal Improvem en ts Puget Sound Energy R elo cation Agree ment. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T A BLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READI NG (ordinan ces only) REV ISED -08 / 12/2010 k:\council\agdbills\2 015 \01-06 -15 lakota srts proj ec t -proj ect acc e ptance.doc 41 COUNCIL BILL# 15T reading Enactment reading ORDINANCE # R ES OLUTION# DATE: TO: VIA: FROM: SUBJECT: May4, 2015 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor \.. ~ Marwan Salloum, P.E., Public Works Director ~ John Mulkey, P.E., Street Systems Manager ;)62-v~ 20u1 Avenue South at South 3 l41 h Street Signal Improvements - Puget Sound Energy (PSE) Relocation Agreement BACKGROUND: The 20 111 Avenue South at South 314111 Street Signal Improvements project will modify the existing signal at this intersection and will include upgrades to ADA facilities including ramps and pedestrian push buttons. One consequence of the project is that PSE underground facilities must be relocated to avoid conflicts with project facilities. PSE has agreed to relocate their facilities to new locations that will not conflict with the mew pole locations and ADA facilities. PSE's underground facilities are located in private easements within the existing right of way. Relocation of these facilities will be at the City's expense. Per the attached agreement, the City will reimburse PSE for all costs associated with the relocation of ducts, vaults, and line relocation. The total estimated cost which the City will pay to PSE is estimated at $100 ,243.43 . The final cost will be based on actual quantities installed. The attached Relocation Agreement shows the methodology used to calculate the construction cost to be billed to the City. 42 FACILITY RELOCATION AGREEMENT This Agreement, dated as of , 2015, is made and entered into by and between Puget Sound Energy, Inc., a Washington corporation ("PSE"), and City of Federal Way, ("Government Entity"). PSE and the Government Entity are sometimes refen-ed to herein individually as a "Party" and collectively as the "Parties." RECITALS A. PSE owns and operates certain utility systems and facilities necessary and convenient to the transmission and distribution of electricity ("Facilities") that are located on or in relation to certain operating rights ("Existing Operating Rights"). The Facilities and Existing Operating Rights are more particularly described on Exhibit A attached hereto and incorporated herein by this reference. B. The Government Entity plans to construct improvements at 20th A VE S and S 314 Street, Federal Way WA ("Improvements"). C. In connection with the Improvements, the Government Entity has requested that PSE perform certain engineering design work and certain construction work relating to modification or relocation of its Facilities (the "Relocation Work"), all in accordance with and subject to the terms and conditions of this Agreement, and any applicable tariff on file with the Washington Utilities and Transportation Commission (the "WUTC"). D . The Government Entity has provided to PSE a written plan for the Improvements (the "Improvement Plan") which includes, among other things, (a) plans and specifications sufficient in detail, as reasonably determined by PSE, for PSE to design and perform the Relocation Work, including reasonably detailed drawings showing the planned Improvements, (b) a list of the key milestone dates for the Improvements, and ( c) information concerning possible conflicts between PSE's Facilities and other utilities or facilities. The Parties, therefore, agree as follows : AGREEMENT Section 1. Relocation Work 1.1 Relocation Work. The Relocation Work is described in Exhibit B attached to this Agreement. 1.2 Performance of Relocation Work. Subject to the tcnns and conditions of this Agreement and any applicable tariffs on file with the WUTC , PSE shall use reasonable efforts to perform the Relocation Work. PSE shall perform the Relocation Work in accordance with the schedule provided in Exhibit B (the "Relocation Schedule ") with -1- 43 reasonable diligence in the ordinary course of its business and in light of any operational issues as to the remainder of its utility systems that may be influenced by the Relocation Work. PSE shall have no liability to the Government Entity or any third party, nor shall the Government Entity be relieved or released from its obligations hereunder, in the event of any delay in the perfonnance of the Relocation Work due to any (a) repair, maintenance, improvement, renewal or replacement work on PSE's utility systems, which work is necessaiy or prudent as detem1ined by PSE in its sole discretion ; or (b) actions taken by PSE which are necessary or consistent with prudent utility practices to protect the performance, integrity, reliability or stability of PSE's utility systems or any systems to which such systems are connected. 1.3 Adjustments to the Relocation Work. PSE shall notify the Government Entity in writing of any reasonably anticipated adjustments to the Relocation Work (including the Relocation Schedule and/or Relocation Cost Estimate) that result from (a) the revision or modification of any hnprovements in a manner that requires PSE to revise its plans and specifications for the Relocatiori Work; (b) delays in PSE's performance of the Relocation Work caused by the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the control of PSE. The Parties acknowledge that additional requirements not contemplated by the Parties may arise during the performance of the Relocation Work. In the event such additional requirements arise, the Parties shall provide written notice thereof and shall use good faith reasonable efforts to appropriately respond to such requirements in a prompt and efficient manner, including appropriate adjustments to the Relocation Schedule and/or the Relocation Cost Estimate. 1.4 Performance by Government Entity. In the event the Government Entity is unable to perform its obligations under Sections 2 and 3 below to PSE's reasonable satisfaction, and absent written waiver by PSE of such obligations , the Parties shall use reasonable efforts to adjust the Relocation Schedule to allow additional time for the Government Entity to perform s uch obligations; provided, that if the Patties cannot reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate this Agreement by giving written notice to the Government Entity, and the Governn1ent Entity shall promptly pay PSE the amounts payable to PSE in connection with such termination under Section 5 .5. PSE's determination as to the satisfaction or waiver of any such condition under this Agreement shall not be deemed to be a determination of satisfaction or waiver of any other condition arising under this Agreement. 1.5 Notice to Proceed with Construction \Vork. At least 5 days prior to the date specified in the Relocation Schedule for commencement of construction for the Relocation Work, the Government Entity shall either (a) provide to PSE a written notice to proceed with such construction work, or (b) terminate this Agreement by written notice to PSE . In the event of such te1mination, the Government Entity shall promptly pay PSE the amounts p ayable to PSE in connection with termination under Section 5 .5. -2- 44 Section 2. Operating Rights. Unless otherwise provided for in Exhibit B, the Government Entity shall be solely responsible for any costs related to acquisition of any and all operating rights for the Facilities that are necessary or appropriate, in addition to or as replacement for the Existing Operating Rights, for completion of the Relocation Work ("New Operating Rights"). Such New Operating Rights shall be in PS E's name, shall be of equivalent quality and kind as the Existing Operating Rights and shall be provided in a fonn acceptable to PSE, all as determined by PSE in its sole discretion . The New Operating Rights shall be provided with sufficient title information demonstrating to PSE's satisfaction that PSE shall obtain clear, good and sufficient title to such rights, if applicable. PSE shall not be obligated to commence the Relocation Work, or otherwise in any way change, limit, cmiail, impair or otherwise affect the normal and reliable operation of the Facilities as located upon or relative to the Existing Operating Rights, unless and until PSE is in possession of the New Operating Rights. Section 3. Permits. The Government Entity shall be solely responsible for any costs related to acquisition of any and all permits, licenses, certificates, inspections, reviews, impact statements, determinations, authorizations, exemptions or any other form of review or approval given, made, done, issued or provided by any one or more governmental authorities with jurisdiction necessary or convenient for the Relocation Work (collectively, "Pern1its"). The Permits shall be on such terms and conditions as PSE shall, in its sole discretion, determine to be appropriate to its needs. PSE shall not be obligated to commence construction for the Relocation Work, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is in possession of all Permits necessary for the Relocation Work and all rights of appeal with respect to the Permits shall have been exhausted. The Government Entity shall be responsible for performance of and any costs associated with any mitigation required by the Permits. Section 4. Materials and Ownership Unless specifically agreed otherwise in v.Titing by the Parties, PSE shall provide all necessary materials, equipment and labor required to perform the Relocation Work. All materials, information, property and other items provided for, used or incorporated into the Relocation Work (including but not limited to the Facilities) shall be and remain the property of PSE. Section 5. Relocation Costs 5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation Work (the "Relocation Cost Estimate") is $100,243.43 The Parties agree that the Relocation Cost Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual costs incurred in or allocable to the performance of the Relocation Work. -3- 45 5.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its actual costs incurred during the performance of the Relocation Work, and in the event PSE determines that such costs are likely to exceed the Relocation Cost Estimate by more than twenty percent (20% ), PSE shall so notify the Government Entity in writing. In such event PSE may, at its discretion, suspend performance the Relocation Work and PSE shall not be obligated to continue with perfonnance of any Relocation Work unless and until PSE receives the Government Entity's written acceptance of PSE's revised Relocation Cost Estimate and written notice to proceed with the Relocation Work. In the event PSE does not receive such acceptance and notice from the Government Entity within ten (10) working days from the date of PSE's notice, then PSE may, at its discretion, terminate this Agreement. In the event of such tennination, the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with tennination under Section 5.5. 5.3 Relocation Costs. The Government Entity shall be responsible for, and shall reimburse PSE for, all costs and expenses incurred by PSE in connection with the performance the Relocation Work (the "Relocation Costs"). For purposes of this Agreement, the Relocation Costs shall include, without limitation, any and all direct and Indirect costs incmred by PSE in connection with the performance of the Relocation Work, including, but not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants, attorneys and other professionals, administration and general expenses and taxes. 5.4 Statement of Costs -Invoice. Within sixty (60) days of the completion of the Relocation Work, PSE shall provide the Government Entity with a statement and invoice of the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period after receipt of any vvTitten request from the Government Entity, such documentation and information as the Government Entity may reasonably request to verify any such invoice. 5.5 Costs Upon Termination of Agreement. In the event either Party terminates this Agreement, the Government Entity shall promptly pay PSE, the following: (a) all costs and expenses incurred by PSE in connection with the Relocation Work (including, without limitation, all Relocation Costs incmTed through the date of termination and such additional costs as PSE may incur in connection with its suspension or cmiailment of the Relocation Work and the orderly tennination of the Relocation Work); and (b) all costs and expenses incurred by PSE in returning and restoring the Facilities to normal and reliable commercial operations. 5 .6 Payment. The Government Entity shall, within thiliy (30) days after the receipt of an invoice for costs payable under this Agreement, remit to PSE payment for the full amount of the invoice . -4- 46 Section 6. Indemnification 6.1 Indemnification. The Government Entity releases and shall defend, indemnify and hold harmless PSE from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. PSE releases and shall defend, indemnify and hold harmless the Government Entity from all claims , losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of PSE in its perfo1mance under this Agreement. During the perfonnance of such activities employees or contractors of each Party shall at all times remain employees or contractors, respectively, that Party and shall not be, or be construed to be, employees or contractors, respectively, of the other Party. 6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification obligations of a Party under this Section 6, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the lndustrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 6 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. Section 7. Disclaimers and Limitation of Liability 7.1 Disclaimer. PSE makes no representations or warranties of any kind, express or implied, with respect to the Relocation Work or other items or services provided under this Agreement including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or implied wan-anty arising out of course of pe1formance, course of dealing or usage of trade. 7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract, warranty, tort or otherwise, to any other party or to any other person for any indirect, incidental, special or consequential damages arising out of the performance or nonperf01mance of the Relocation Work or this Agreement. Section 8 . Miscellaneous 8.1 Tariffs Control. This Agreement is in all respects subject to all applicable tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event ofany conflict or inconsistency between any provision of this Agreement and any such tariff, the terms of the tariff shall govern and control. 8.2 Survival. Sections 2 and 4 through 8 shall survive any te1mination of this Agreement. Subject to the foregoing, and except as otherwise provided herein , upon and -5- 47 following termination of this Agreement neither Party shall have any further obligations mising under this Agreement and this Agreement shall be of no further force or effect. 8.3 Waiver. The failure of any Party to enforce or insist upon strict performance of any provision of this Agreement shall not be construed to be a waiver or relinquishment of any such provision or any other provision in that or any other instance; rather, the same shall be and remain in full force and effect. 8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth the complete and integrated agreement of the Parties . This Agreement cannot be amended or changed except by written instrument signed by the Party to be bound thereby . 8.5 Force Majeure. In the event that either Patiy is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a force Majeure Event, in connection with the Relocation Work or this Agreement. Upon removal or tennination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligation in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event. 8.6 Enforceability. The invalidity or unenforceability of any provision ofthis Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.7 Notice. Any notice, request , approval, consent, order, instruction, direction or other communication under this Agreement given by either Party to the other Party shall be in writing and shall be delivered in person to an authorized representative or mailed, properly addressed and stamped with the required postage, to the intended recipient at the address and to the attention of the person specified below the Parties' respective signatures on this Agreement. Either Party may from time to time change such address by giving the other Party notice of such change in accordance with this section. 8.8 Governing Law. This Agreement shall be interpreted , construed and enforced in all respects in accordance with the laws of the State of Washington. This Agreement shall be fully binding upon the Parties and their respective successors, assigns and legal representatives. -6- 48 In witness whereof, the Parties have executed this Agreement as of the date set forth above. PSE: Puget Sound Energy, Inc . By _________ ~-~ Its ___________ _ Address: _________ _ Attn: -7- 49 Government Entity: City of Federal Way By: Jim Ferrell Its: Mayor Addre ss: 33325 gth Ave S Federal Way, WA 98003 Attn: ____________ _ ATTEST: City Clerk, Stephanie Courtney, CMC APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall EXHIBIT A FACILITIES AND EXISTING OPERATING RIGHTS • 5' x 7' x 5' vault • Conduit runs of 4" and 6" • 1125' Primary cable Easement document attached -8- 50 l .. I i ,. l ! I : l ; .•. ORIGINAL PUOET EAlttMENT FOR UNn'™oitouNo ELECTRIC SYSTEM POWER For and in con8idctrat.1on of Ono oolhr ($1 .00 ) and oth!lr va.Juable c~n~~:~a~;~n ~S ~:N~~cctlp:_:~.-:~~:~-~~~:~~~:~:_:~~-o~~d~:::L ____ ~-• _ ··-·-· i"<irnn•n~ .. hoio1~1 • .,.•iii>, C<inv~:• ,nit . w•rt•ni11:~1r:tff"snfairiro1'ifi ' 1.iu1rrc.-Ox1rdr¥:-;1v.;~~;i'.-...,,.: t•onl\()n l"Cr11n1eo·· h:rttlnJ. for 1h~ .. P.\~~~~· ~-r~·~n~.r.~o;: ""' r~t~· ;1 ·it:11.P~1.1i:~f..~-~-~:~~-ti!]ii~~-~-~: ftml ~1!r 1hn '"'" lowln~ ~ .. crlh.d rnnl \lroµorly {tho "l'toJHl tty". hnr~lnl ·-. ~-~~.!!011.nty, W•.•hlOlif•n._ ' SEE ATTACHED EXHIBIT "A" l ~-EXCISE T:AX NC).:( itt;QlJIRl:O , . _ , -. kinfCoi l~~t! llivisiDn e~~· fi::t.ffliJ2.. .. y; ~puty .\mN'ritih· MJUDrrx i:#o$m i::1LED FOR RECORD At ;REQUEST OF: 1>1ir.~T POWER ., Rl:fll EST ATE DIVISION P\J{)ET POWE!! OLOO. I . : &l::LLEl/UE, WASHl~TON ,,98009 F.ln•pl t1" n1n>' ho 01horwlM1 ~II t'nrth hllrt11n C',1·Rnh•fi'a rlJo1ltl11 shnll lm 1\J1C1•rcl11oml 11pnn thnl vrirtlon or 1hn p~H1)f1ri).!1het "R IMht- ur WHY" hnrnlnl itua.crlhrrd ('IJ follttw':'\: .··' A nl,1;1.1l·Wn)' __tan....L.1.0.L •• _ Jn,.1 In wlilth hO'lh~ ., __ (i_y_c,_(?_)_ Joni nr >Otl wlclih nn 111ich •hi• •I a cnnrur· li111,' 1lm1C~rilmd 111 folltm.,: . · ... ·. ·' The cent.,rline of Gr11ntae's tac:Llittas as eonetruoted or to.ha constructed, exta11ded, or relocated, lying within the Wast its feet AND within the Souci1 55 f~at of tho Ea•t 55 feat of th$ wast 120 feet of th~ abovo de•cribed Property. 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Gr•i;t·nf•t; ~·:~f "RJ~.i~;,v,~~Y.· :Ot:nrt11;r _;i~!f.'~11~ •.~~·' .r1•.~~·-'~'· ft!H'. ilj!t:ftl#t(",'t.~Wff -ln.f :,._ny ~l1~. ~~I. ~~~~l~!ttn( 'V''~ lh•' ft>1h1_•._l,u.•r~i.~-~ .... .in~ffl~:~~~~1,1_1_~l_.::lhl\l .J~1ton_~1lr 11h11lJ.:m1!·1:1~.rO.~t.t.t_r.t 11r orot~lir t~r;tU~ ~n t.ht'i ltt~t\t .. ,,r.w1oy whldt.\\'(m.ltl l!'.'IJ"ri''~r!l. wuh .~ii·_,t_,,f!p;,(.110 •.lf lhrt rla(ht~·h~ln )ti 1"rtt. 01.nftit'H.~.-11~·.t,lh~ .r~,ijj tit~·~~ •lrnr.l .lun ·,_,_!!)!\'~'>~ ,~,J~,litt:tln~n·:on. _lht•·rr1i1~11r=l~·-·whlr:-l.i _\\:i111hl 1llah1rh i '·' ;r ·m1t1tt.Nh'.rJnn1.i~11tl.~~d.l!tftt • on .1hp. ~~~~'.~~1·f·'\\.~~1 )-'.,_'ur.~~d'1nJti1f Jbt'·lnhtii(tl"Mi~ijuof1 fo~l41 ltrn0ftlt'"".'''lil lhut ~1 h 1~,~~1ptl wh~ln ·1~J~i11 ii!f~-·~~llfhl.flfi · •· lnil•ni~l_l)i;.ny •'""PUi\ll'and-_i'>t11f'illot.1hlnc_h>••nL·t:_nonlH ....... 10 lntl•mn1rr •ntl hold humluo Cronlur from any •ncl nfl _~t_nhil'. l.o_t. lnjurl .. crijli'<>f 4Jtn~J ~,JJ,..0'1\h)' •tij •I"""" wh:"h ma~· bf c111to1 h); tho CroniH'1 uorohc o( Iha rl•hll h.,nln tT.•nlmhjt!c>Yl~•U. t~.ol.C~a~l.••-•h•ll-""' I!". h<ltlllMihl• to Gr•nlnt for nn)• lnjurl•• nnd/or dom-lo 1ny \1nrt0n """"'by •~11 -_Df oml.,1.~ .•I. Granier. · · ·· · . •• Ai>•~cl<u1,;, .. _1Ltho n~i· lt11i'11Jn ~•i\)~1l 1l1illl mni!n"!' niilll 1•tch Om~ ... Gr•m•i<i ,, ••••• (tt 1110,lh• Rli!h\~:\V•r. liir I l••_._"''_wl.urt~_''" rN '"·""""_"'•$" __ . ~ ... ___ ;-.1_r1wh1r,li•.1'.~_."' 1till< ••-·_-"'"·"' '"-~l •·_·rn. __ 1_"''"~-"'l _•lltltihh ,h·oro un •l••·•r:•_.u ••_''otlli> <:,•_·~ IN'"• J'ffl\i•J1qt t~~.J. M -ii!H~ndorifNlnl ;hall .ha di!:on)l'd 11>. hl\V~ 1>c~·rrMt tiy. tn•liDn nl C1r11:·n1~n•,.(p.Jllit•Jo ln.hJ1lh• h\11~\l·ilt. f1•J!Hlo• on tl\i> !\lt~Hif•W•y wilhtn ••)· jilirl(,(hJiJm• lrii')l 1h;, •f•I• hiii.Ot: · · · · · ·· ';d · i ' • · f > • ;.:'", •• 1. !µOCH..,,. •M i'l•ll!"-'111• ilithl• '"'t oh!llf>\lln•• ftl lho 1w!l.J ,i;.11 Joi ,,. 10 •h• hon~(u ot ••~ i;l. htn'6'q~ upon •h•lt • ' ...... fl'J}'ttlf".lh."l" llll~~ itmi .• M t.,,.. ' • ~ ···:i: 1\-.U:n XII ,ACO()l i ' " . I a"!0.1671 . U7 ... )S S?<:O~<t·~ . ~oe1'3 l R . . kt!CD If. '' ?J)'> ....... I " '"'A_·-~--""1· ,\ • ... ~-· ' •. ·1 ~-_ .. ,.. "' .... _ •• ,, ;:-1_,.,,' ' ~~ ''·''-' . 'l-'5 •. '· '· 51 l~··· -~ • • O/\TP.U lhl• ~ rloy nl I I ,·,,., 5-b-~~, ... •: {. _ _...:._..;..,---. , II .i.l. , crvr.1'1 un~er my hond .,,., of heal "al 1i110 ---dwy ol ST/\ Tf. DI' W ASK INGTON I II.~ r:01 INT\' OP I Nolnry Pnbllc 111 and !or lhn Sia I ft of Wnohln~on , m ldlna •I .._.,., __ ._ ·--···---......,.-"""'.'.' '-----~ :•:.r · .. - )' On 1h11 dny ronnnolly •PfJ"Mod t..r.,. "'" . . . •· : ,. . · . ·-- 10 mn known In h.. Ii>• lnrllvhlu•l ._ doll'rlho.I' ln .. onl whn oxa~vlOd Ina wflhln and fot911<>IF111 tnfili;ii\eijt, 1nd 11<:kl\<lwl'"ll!!"l lh•I ---l~ed lh• """"' .. ----f..., •ntl \..ilunl•ey act ond d....t lot lht .-ln<t ·pu~ 1hor.l11 rno<1llnn..t . r.1v~N 11mln_r Jn)' han~ •!111 nrtl,lol 1eol lhlo --• 1l•y nl J'_. '"---· Nni'u)-·rut.lie In 1nrl rnr lh• R1.a1n ~r Wo•hlnir1iin: · ra1irll01 " .-.. -. -.-.-.· 7·~~--~~-;-;. ~··"'"" -~·"'f"·":"'!"-:-.~-:-· fi1'1'1'F.OFW,\RlllNGmN I I\~ rntJl\'l'Y OF t '" On thlt rl•y pnrannally opplOrnd h<lore m• _. _. -"·---·~ ... . . . . lo niu knnwn In he 1hu lndlvklull -d-lh..d 1"ii"and who'o•ociilod 11\. w11~in onri r-rn~ lnitrumnnl. and ocknnwlnril!l"i 1hn1 ----.iirnod tho ••m• •• ----Jru "'d volunlory ""I ond dHd lnr rho uao o and pu~ 1h1N1ln rnonllonod. C.IVRN 1111dnr my h•nd nnd nfllci•I lftnl lh l• ---dny of __ ,.._ ,.,....,--~-.-~ .. ......,. __ ..,..,~--~ ,10 __ , Now Jeraay STATf. OF~HIN<lmlll I ~s <:DI •Nn' OF ~ I Not•.Y Putillo 1n ind ro.. ih• &1-ai,...;,_o1 __ 1~V;"'.-.,-h-,~--~"'·~-?-~. _ _,. .. ..,,.......__ rot!dtn~ •I _ _ . _ ~ · · ~ "\ · 52 . . . ·\ .. •,': . .. "{ I • .. . t 00RpPRA1'1i'f.CKNOWL20CM!N'l' J'. ·------:-----------· ----------------.--"''[ ! l .•. "; ... ;. ':t .-i ~ ..-::•. "::• >v . ,.,.,, .... I 11 ~ 'i • . f I I I ' ! t I I ,J. / ,t • .. i .. --·--·· •' .. ~ ,,. ......... , .f_'r.· TO~S 'R' US 1 INC. C:XHIBIT "A" That portion o' the Northeaat quarter ot lhe South1teat quarter of Sactton 9, Tovnehlp 2l Norl.h, Ra,,011 4 E11et, W.H., ln !ting County, Washington, bqin~ mor particularly do1crfbed aa tollo~111 C\'.lmm11ndfi11 'at :to•. wost q\la~tot eorriei:'>()f Hid S•ct!ofb fit . ttiiuiiie -~ $long ~ho E41!t/W•et c•titet:HI)• of eirid, 3&ct!9ii. $9Uth O ·U·~11 f;;,.,et • . . 1313; >&: fie~t t<:i ~ha . P!<>~t.ht.ie11t cot:ni!r ott:h(_nor_t_lilics,t q~arle l; of 11'ald . 9C!UtJ'lie•t 11u•rt;1 ;1 theilc• _,lono . tlln, Hutniv Uni! th~raq! ~ Sout.J:l· ~O : l .1/H" f:Aut. ~2~-~ 98 .~'1eH ~M1·11e.t P.it,l'lr\'lld "o/Hh a~.td \. t<ae,l;/W.ot cant•rllne !lo.nth.. 89 s.1.•2a gut 30 ,09 Cut.. ti") i:he h :1t•r1y 'mHot n· ~t ·1:·11 ·.t11uilft \11•odb.•d tn d'»•if ~r·•oo ·rtii>i · und•t R•¢eirdini;i , N~rribtr 1so12~090 ,a ~tcardl ot ,.,t~ c?i.lti~~· ~11•!\oe ~lono · •~ld . ~nt;.~dy 1111l'9tt1 vouyth ()!I U 'rl3t M•t .~21 .,13 f11.-t F.n .• ~Ji~ '!'11ut 1'0!11'1' 0.~ .l),f.l'.lt'OtUIC; tn.-11 .:if 'tli:l'Utih U.~· l>ll'OP ' ~Ut, UhD8 tut1 thei\ee $01.1t:h. oo 02•3fi• iU1•t SJ(),.'()o h•~ to the. tiort.bftt'ly ill11rizl11 ot Go~.t:h llhh str .. t1 th•nia ~H.ino. 1111.~ N6r.tll•f'.l~ in~roi .11 Nor ~il B.9 5,0'0l• ·W••.t n,,119 itt\: tq th~ .l?•QiMIMI ot ,a ci,trYo c:.onc:av,; to ~11• Northu il t ll•vlno ' t.,~h1 a .0 r 3.s;oo . h•tr c 11e11 .c• w•o•rlY; ljoTt/lw•,ntat'ly and Noct:therly 54 ~?fi !eat &1()110 4dtl elil<'V~ tflrouoti a centl'~'l,angle of n3~·2a• tiHJ~.t.uce:rlt 11u1:1;o ·tn,1 t;~•nc:•.~l.onr.i : e11lc,i ·li:Ht•,t'~y macof.ll tiorth oo. 11.':Jl~ Wes t;. 50 5 ,;i;J {nt .to .tile t•UI&: Po:nn: Of' :ntG-INNlllo. a.rid con.,t:111.n1.nt;1• 1'1l.66J aqu11re . h1t~ o. !l.U ..;c·r!: iJ, ·mpro :ur · l oao; · · · · · · Also known 19 Lot '.> of Survey i:-enord•d in Volume '52 or Surveys, pago 220, und er Jl:ing County Recording lfo. Bt5121290U. Srt'UATE in th& County of li:tno. state of Waahinoton. ·'' uzw . 53 SEr I~ I 3T 111 'Ii v f:, :r l 1 •0C·l~07 I' !' \• EXHIBITB RELOCATION WORK (TO INCLUDE A DESCRIPTION OF THE WORK TO BE PERFORMED BY PSE TOGETHER WITH A SCHEDULE FOR THE PERFORMANCE OF THE WORK AND A DESCRIPTION OF ANY NEW OPERATING RIGHTS REQUIRED FOR THE PERFORMANCE OF THE WORK) PSE will be removing an existing 5' x 7' x 5' vault, currently on a PSE easement, impacted by a new traffic signal and sidewalk improvements. PSE will install a new 5' x 7' x 5' vault south and east of the present location to clear conflicts. As a result of the vault relocation, multiple 4" and 6" conduits will require adjustments . These adjustments will avoid impacts for the proposed traffic signal foundation and necessary re-routing of conduits to the new vault location. All PSE power cables (conductors) will need to be removed from sen!ice in order to remove the existing vault from service. Once conduits are plumbed to the new vault location , new conductors will be installed to complete work. This project will require 2 or 3 line and civil crew mobilizations to coordinate with the civil crew to pull out the old conductors and pull new conductor back to the new junction box. · Once the line crew work is completed the civil crew will return to the site and remove the existingj-box and abandoned conduit in the vicinity of the future signal control equipment. The cutover will be scheduled and completed at night on overtime. We have estimated this work will take 2 weeks with any hard surface restorations following the construction activities .. -9- 54 Ul Ul PUGET SOUND ENERGY To: City of Federal Way 20th Ave S & S 314th St Federal Way, WA Attn: Marwan Salloum FACILITY RELOCATION IM ODIFICATION BILLING DETAIL Project Description: Relocation of existing junction box, conduit and cables Location: 20th Ave S & S 314th St PSE Project Manager: Anita Yurovchak Aclivity:IDistribution Relocation work Date: 03/10/15 .. na.•. ,..__, ••••• _,,_,__ ·~-_,. .. .,.,. . .............., ____ _,__,,_ . ....,..,..,, ''" ,,_,.,.,.,. ....,,~~ ............ ----.,,,,_.,,,,,_,., ---.,..·~-- PSE Order #:I 101092437 3 Reimbursable: 100% -.) .. li'I _,.,._ ;r• ·"~-~·-· 11'1i"1i.---------I Materials ~~ _;$,J],J O ~O O Construction I . ..:'$~@.fil).;,:Q,:tt Engineering & Management Right of Way Overhead Total 'A'd ua1 "Qbsts: __ _ --·" . ... ~~ , ~fi.f' ~-:C ~·! Puget Sound Energy, Inc. PO Box 90868 Bellevue, WA 98009-0868 0% ~----------1., Billing Detail Form 5/01 This page left blank intentionally. 56 COUNCIL MEETING DATE: May 19, 2015 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: SETTING A PUBLIC HEARING DATE FOR THE 2016-2021 TRANSPORTATION IMPROVEMENT PLAN POLICY QUESTION: Should City Council set a Public Hearing for adoption of the 2016-2021 Transportation Improvement Plan on June 16 , 2015? COMMITTEE: Land Use and Transportation Committee CATEGORY: ~ Consent D City Council Business D Ordinance ~ Resolution MEETING DA TE: May 4, 2015 D D Public Hearing Other .~.!.'.'.\l'Yg!"..~2 .~!.~Y .:... gi~_~P .~1:.~~'.P :.!?.: .. ' .... ~}!Y._It.:~f~~ ... §i:ig\1:1.~.~~ .... fff_ ...................................... ~~.P!: ... ~~1 ?!i~ .. ~.?.1·~~-···· Attachments: Land Use and Transportation Committee memorandum dated May 4, 2015 . Options Considered: 1. Authorize staff to proceed setting the Public Hearing date for the 2016-2021 Transportation Improvement Plan on June 16 , 2015. 2 . Set Public Hearing on an alternative date recommended by the committee. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option l to the May 19 , 2015 City Council Consent Agenda for approval. MAYOR APPROVAL: CHIEF OF STAFF: COMMITTEE RECOMMENDATION: approval. to forward Option 1 to the May 19, 2015 Consent Agenda for Bob Celski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member PROPOSED COUNCfL MOTION: "I move approval of the resolution setting the date of a Public Hearing for the 2016-2021 Transportation Improvement Plan on June 16, 2015." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL A CTION : D APPROVED 0 DE N IED 0 TABLE D/DE F ERRED/N O ACTION 0 MOVED TO S ECO ND R EADING (ordi nance s only) REVIS ED -08 /12/20 I 0 57 COlJNC IL BILL# 15T reading Enactment r eading ORDI NA NCE# RESOLUTION# DATE: TO: VIA: FROM: May 4, 2015 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor ~ _ ~ Marwan Salloum, P.E ., Public Work s Dire~Ji9~ Rick Perez, P.E., City Traffic Engineer f «:T SUBJECT: Setting Public Hearing for 2016-2021 Transportation Improvement Plan BACKGROUND: In accordance with the re quirements of Chapters 3 5. 77 and 4 7 .26 of the Revised Code of Washington (RCW), the City of Federal Way adopted its original Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) on July 23 , 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis to reflect the City 's current and future street and arterial needs . The City is required to hold a minimum of one public hearing on the revised plans. Staff proposes that this occur at the June 16 , 2015 , City Council meeting. Once the revised plans have been adopted by Resolution , a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The attached Resolution sets the public hearing date for the June 16 , 2 015 City Council meeting . The TIP will also be presented to the Land Use and Transportation Committee on June 1, 2015. K:ILU TC\20 15105-04-1 5 Reso Setting Si x Ye ar T IP Hearin g Date .doc 58 RESOLUTION NO. --- A RESOLUTION of the City Council of the City of Federal Way, Washington, setting a Public Hearing date of Tuesday, June 16, 2015 for adoption of a revised Six-Year Transportation Improvement Program and Arterial Street Improvement Plan. WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City Council of the City of Federal Way must adopt a revised and extended Six-year Transportation Improvement Program ("TIP") and Arterial Street Improvement Plan ("ASIP") annually; and WHEREAS, pursuant to RCW 35 .77.010 and supporting laws and regulations, a public hearing must be held prior to the adoption of the revised and extended Six-year Transportation Improvement Program and Arterial Street Improvement Plan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOL YES AS FOLLOWS : Section I. Public Hearing. A public hearing shall be held on the 2016-21 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan at the regular meeting of the City Council at 7:00 p.m. on Tuesday, June 16, 2015, at the Federal Way City Hall Council Chambers. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to , the correction of Resolution No . 15 -__ Page I of3 Rev 1115 59 scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this ___ day of _______ , 20_ 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 : Resolution No. 15- 60 Page 2of3 Rev 1/15 RESOLUTION NO.: Resolution No. 15 -__ 61 Page 3 o/3 Rev 1/15 SUBJECT: ORDINANCE: Amending FWRC 13.43.020 to establish maximum allowable grass and weed height. POLICY QUESTION: Should the City amend FWRC 13.43.020 to establish maximum allowable grass and weed height on developed and undeveloped property? COMMITTEE: LUTC MEETING DATE: May 4, 2015 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Michael A. Morales, Director DEPT: Community Development .................._......_.............._......_._....................._...._........_..............._........_.... ............................... ... . ....... ................ Attachments: 1. Background Memorandum 2. Proposed ordinance with revisions Options Considered: 1. Amend FWRC 13.43.020 to establish maximum grass and weed height. 2. Take no action and provide direction to staff. MAYOR'S RECOMMENDA ON: Option 1 MAYOR APPROVAL: S `r S $ y IRECTOR APPROVAL: �s- Co ttee ouncil Initial/Date tial/Date Initial/Date CHIEF OF STAFF:r Committee Cou I Initial/Date Initia ate COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Readingren May 19, 201�5... � pN � "Nolxv I'c�' . Bob Celski, Chair Ke& Maloney, Mem is AsseLeawson, Member PROPOSED COUNCIL MOTION: 1ST READING OF ORDINANCE AND ADOPTION (MAY 19): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLEDIDEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2015 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 4, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor ,,147 �� FROM: Michael A. Morales, Community Development Directoj /�/�` SUBJECT: Ordinance establishing maximum allowable grass and weed height BACKGROUND: FWRC 13.43.020 adopted the 2012 International Property Maintenance Code ( "IPMC ") to regulate property within the City in the interest of public health, safety, and welfare. Section 302.4 of the IPMC establishes height limits for grass and weeds on both developed and vacant land, but requires the adopting jurisdiction to fill in the blank designating the maximum allowable height: "302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of (jurisdiction to insert height in inches) ...." While previous ordinances adopting the IPMC established the maximum allowable heights, the most recent revision to the FWRC and the adopted IPMC (Ordinance I3 -743) did not fill in the blank; therefore, the FWRC does not currently contain enforceable height limits on grass and weeds. This amendment to the FWRC sets the maximum height for grass and weeds at six inches for developed property and 12 inches for vacant land. As we are now entering the growing season, these standards must be established in order to enforce grass and weed height restrictions throughout the City. Due to the time sensitive nature of this amendment, the Community Development Department is addressing this issue immediately; however, CD is also reviewing the rest of the adopted IPMC regulations for other housekeeping amendments that may need to be addressed at the June LUTC meeting. cc: Project File Day File ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the regulation of property under the International Property Maintenance Code; amending Chapter 13.43 FWRC. (Amending Ordinance No. 13 -743) WHEREAS, The City of Federal Way adopted the 2012 International Property Maintenance Code ( "IPMC ") to regulate property within the City in the interest of public health, safety, and welfare; and WHEREAS, the IPMC requires local jurisdictions to amend the IPMC by filling in blanks to set the maximum allowable heights for grass and weeds on both development and vacant properties; and WHEREAS, when the City adopted the IPMC pursuant to Ordinance 13 -743, it did not amend the IPMC to include maximum allowable heights for grass and weeds on both development and vacant properties; and WHEREAS, the City Council has considered proposed changes to Title 13 FWRC and wishes to correct the oversight in Ordinance 13 -743; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 13.43.030 shall be amended to read as follows: The following amendments to the IPMC adopted in FWRC 13.43.010 are hereby adopted: (1) IPMC 101.1, Title, is hereby amended to read as follows: These regulations shall be known as the Property Maintenance Code of City of Federal Way, hereinafter referred to as "this code." Ordinance No. 15- Page 1 of S Rev 1115 (2) IPMC 102.3, Application of other codes, is hereby amended to read as follows: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Residential Code, International Fuel Gas Code, International Mechanical Code, Uniform Plumbing Code, National Electrical Code, Washington State Energy Code and the Washington State Ventilation and Indoor Air Quality Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Federal Way Revised Code. (3) IPMC 103 is hereby deleted in its entirety. (4) IPMC 106.2, Notice of violation, is hereby amended to read as follows: The code official shall serve a notice of violation or order in accordance with Title 1 of the Federal Way Revised Code (FWRC). (5) IPMC 106.3, Prosecution of violation, is hereby deleted in its entirety. (6) IPMC 106.4, Violation penalties; is hereby deleted in its entirety. (7) IPMC 106.5, Abatement of violation, is hereby deleted in its entirety. (8) IPMC 107. 1, Notice to person responsible, is hereby amended to read as follows: Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Section 1. 15.040 of the FWRC. (9) IPMC 107.2, Form, is hereby deleted in its entirety. (10) IPMC 107.3, Method of service, is hereby deleted in its entirety. (11) IPMC 107.5, Penalties, is hereby deleted in its entirety. (12) IPMC 111, title, is hereby amended to read as follows: Ordinance No. 15- Page 2 of 5 Rev 1115 HEARINGS EXAMINER. (13) IPMC 111. 1, General, is hereby amended to read as follows: Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.05.060. (14) IPMC 111.2, Limitations on authority, is hereby amended to read as follows: An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply. The hearings examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearings examiner be empowered to waive any requirements of this code. (15) IPMC 112, title, is hereby amended to read as follows: ORDER TO CEASE ACTIVITY (16) IPMC 112. 1, Authority, is hereby amended to read as follows: Orders to cease activity. Whenever any work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official may order the work to cease by issuance of an order to cease activity pursuant to the FWRC 1.15.030. (17) IPMC 112.2, Issuance, is hereby amended to read as follows: Occupancy violations. Whenever any building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code, the building official may, by issuance of an order to cease activity pursuant to FWRC 1.15.030, order such use discontinued and the Ordinance No. 15- Page 3 of 5 Rev 1115 structure, or portion thereof, vacated. (18) IPMC 112.3, Unlawful continuance, is hereby amended to read as follows: Any person who shall continue any work after having been served with an order to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. (19) IPMC 202, Definitions, is hereby amended to read in part: CODE OFFICIAL. Shall mean the Building Official. (20) IPMC 302 .4, Weeds is hereby amended to read as follows: All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches in height on development property or 12 inches in height on vacant land. All noxious weeds shall be prohibited Weeds shall be defined as all grasses, annual plants, and vegetation other than trees or shrubs; however, this term shall not include cultivated flowers and gardens. Section Section 2. Severabilily. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. 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 Ordinance No. 15- Page 4 of 5 Rev 1115 scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY MAYOR, JIM FERRELL 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.: Ordinance No. 15- Page 5 of 5 Rev 1115