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Council PKT 11-15-2016 RegularNhi CITY OF Federal Way CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall November 15, 2016 — 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. New Police Officer Swearing -In Ceremony b. Police Department Corporal Swearing -In Ceremony c. Annual Update from Valley Communications — Executive Director Laura Ueland d. Mayor's Emerging Issues and Report • Council Vacancy Process — Position 2 • Holiday Tree Lighting at Town Square Park (12/3) Parks Director John Hutton • Veterans Day Observances • SCA — Mayors Roundtable on Heroin and Prescription Opiate Addition (11/8) • City Hall Closed for Holiday (11/24 - 11/25) • Report on Chamber Gala (11/12) 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: November 1, 2016 Special and Regular Meetings ... page 4 b. RESOLUTION: Norpoint Heights Final Plat ... page 14 c. 21st Ave S Sidewalks Improvement Project (S 320th Street to S 316th Street) — 100% Design Status Report and Authorization to Bid ... page 30 d. Marine Hills Stormwater Conveyance System Repair Phase II — 85% Design Status Report and Authorization to Bid ... page 32 e. Authorization to Accept the King County Flood Control District Flood Reduction Grant ... page 35 The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. f. Marine Hills Stormwater Conveyance System Repair Phase I — Project Acceptance ... page 37 g. New Street Lighting Prioritization Criteria ... page 39 h. 2017 Street Sweeping Services Contract — Bid Award ... page 55 i. 2017 Right of Way Landscape Maintenance Contract — Bid Award ... page 57 j. Washington Traffic Safety Commissions (WTSC) Target Zero Team (TZT) Interagency Funding Agreement 2016 -2017 ... page 59 k. Second Amendment for Urban Forestry Services ... page 81 I. Second Amendment for Landscape Maintenance Services ... page 86 m. Northwest Playground Equipment, Inc Retainage Release ... page 90 6. PUBLIC HEARING a. 2017 -2018 Biennial Budget and 2017 Property Tax Levy (Continued from November 1, 2016 Regular Meeting) ... page 91 • Citizen Comment — 3 minutes each • Council Discussion 7. COUNCIL BUSINESS a. Grant Funding for Transportation Improvement Projects — Authorization to Accept Grant Funding ... page 92 b. Cancellation of December 20, 2016 Regular Council Meeting ... page 94 c. Proposed 2016 -2018 Collective Bargaining Agreement with the Federal Way Police Guild ... page 95 d. 2017 Legislative Agenda Draft/Discussion ... page 135 8. ORDINANCES First Reading /Introduction Ordinances: a. Council Bill #711/2017-2018 Biennial Budget ... page 138 AN ORDINANCE of the City of Federal Way, Washington, relating to budgets and finance, adopting the 2017 -2018 Biennial Budget. Council Bill #7121 2017 Property Tax Levy ... page 142 AN ORDINANCE of the City of Federal Way, Washington, relating to fixing the property tax amount for the year 2017. c. Council Bill #7131 Adoption of the 2016 King County Washington Surface Water Design Manual and the City of Federal Way Addendum to the King County Surface Water Design Manual ... page 145 AN ORDINANCE of the City of Federal Way, Washington, relating to National Pollutant Discharge Elimination System Phase II Permit Requirements; amending FWRC 16.20.010. (Amending Ordinance Nos. 09 -630, 99 -352). The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21 To view Council Meetings online please visit www.cityoffederalway.com. 9. COUNCIL REPORTS 10. EXECUTIVE SESSION • Collective Bargaining pursuant to RCW 42.30.140(4)(b) 11. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. COUNCIL MEETING DATE: November 15, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5a SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes from November 1, 2016 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk Attachments: Draft minutes from the November 1, 2016 Regular and Special Meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A DEPT: Mayor's Office MAYOR APPROVAL: CHIEF OF STAFF: N/A N/A CITY CLERK APPROVAL: Committee Council N/A N/A Committee Council COMMITTEE RECOMMENDATION: N/A N/A Committee Chair N/A N/A Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # Federal Way CITY COUNCIL STUDY SESSION MINUTES Council Chambers - City Hall November 1, 2016 — 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:04 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, Acting City Attorney Ryan Call, and City Clerk Stephanie Courtney. Mayor Ferrell excused Councilmember Assefa- Dawson absence. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. CITIZEN COMMENT Margaret Nelson, spoke urging Council to fund the Federal Way Historical Society. Ms. Nelson also noted she was unable to find information on the budget. Council discussed support of the Federal Way Historical Society and ongoing funding options. Funding for the Historical Society is allocated through the Lodging Tax Advisory Committee. Multiple Councilmembers support ongoing funding of the Historical Society; another option would be to bring the Historical Society into the City as a City Department. Diana Noble - Gulliford thanked the Council for the $10,000 allocation. She noted the priorities of the Historical Society are the operations; staffing costs are most expensive, along with insurance. Mayor Ferrell thanked both Diana Noble- Guilford and Margaret Nelson for bringing up this issue; and noted ongoing operation costs cannot be funded by LTAC money. 4. STUDY SESSION — 2017 -2018 BIENNIAL BUDGET • Budget Overview — Finance Director Ade Ariwoola Federal Way City Council Special Minutes November 1, 2016 Page 1 of 3 Finance Director Ade Ariwoola gave a brief overview of the budget. He recapped the previous discussion regarding funding the additional 9 Police Officers; Council budget suggestions including changes to the Council training budget; Historical Society funding options; SCORE operation spending which is increasing and will be revised annually; the Fee Schedule; and the Revised Budget Calendar with additional meetings. This proposed budget includes no lay -offs; reserve fund; 5% health insurance increase; Valley Com increases; salary adjustments and equipment reserves. Current SCORE budget increased $255,000 in 2017 for Operations alone. He also noted SCORE debt service will be paid in 2017 an amount of $521,595; and noted that due to Bond Regulations, the city needs to show debt service of $905,490 in the budget. He reviewed the new fees for the PAEC in the Fee Schedule which is a three tier approach between the Resident Arts Organizations; Non - Profit Agencies and Private /Commercial Use. He also reviewed the revised business license fees which include a sliding scale of the amount of employees. Mr. Ariwoola reviewed the revised budget meetings schedule and noted the budget and property tax levy are scheduled for enactment at the December 6 City Council meeting. • Council Discussion /Deliberation Councilmembers discussed multiple topics including looking at other revenue streams. They reviewed in more detail the proposed Fee Schedule for the Performing Arts and Event Center and the Business Registration Fee proposal, in leiu of implementing a B & 0 tax. Council supports being competitive in the region regarding business fees. Initial staffing and the timing of bringing on staff for the PAEC were also discussed. Executive Director Yvonne noted she needs to have qualified staff prior to opening to be able to cover the services and performances being scheduled; such as selling tickets and back stage operations of the Center. Council discussed the COPS grant funding for 2018 and noted concern over the competitive process for the grants. It was also a concern that the citizens are aware that these positions are contingent on grant funding. Council consensus was to have a backup plan for funding these positions in case the city is not awarded the grants. Various Councilmembers were concerned with imposing a Utility Tax and the potential for litigation. Finance Director Ariwoola requested Council direction on changes in funding recommendations along with revenue to cover any modification to the proposed budget. Council requested an additional meeting and more opportunity to discuss prior to the first readings of the ordinances. Staff will review the calendar and schedule another budget meeting prior to the next regular Council meeting. 5. EXECUTIVE SESSION At 6:37 pm Mayor Ferrell announced the Council will be recessing into Executive Session for the purpose of discussing Collective Bargaining pursuant to RCW 42.30.140(4)(b), and Property Acquisition pursuant to RCW 42.30.110(1)(b) for approximately twenty minutes. • Collective Bargaining pursuant to RCW 42.30.140(4)(b) • Property Acquisition pursuant to RCW 42.30.110(1)(b) Council returned to Chambers at 6:56 pm. Federal Way City Council Special Minutes November 1, 2016 Page 2 of 3 6. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 6:56 pm. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 3 of 3 November I, 2016 Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall November 1, 2016 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:09 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson (via phone) Councilmember Susan Honda, Councilmember Kelley Maloney, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Acting City Attorney Mark Orthmann and City Clerk Stephanie Courtney. Mayor Ferrell announced Councilmember Assefa- Dawson is participating in the meeting via phone. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATION a. Arts Alive Recognition — Dan Hershman, Arts Commission Chair Dan Hershman, Chair of the Federal Way Arts Commission thanked the Juried Art Show Winners and everyone who participated with artwork in the show. The Mayor and Council congratulated the winners. Mayor Ferrell noted sadly, sitting Senator Andy Hill has lost his battle with cancer. He served the 45th District and passed away from lung cancer. He asked for a moment of silence in remembrance. b. Mayor's Emerging Issues and Report • New Community Development Director Brian Davis Mayor Ferrell welcomed new Community Development Director Brian Davis from Roseburg, Oregon. Today is his first day and everyone is looking forward to working with him. • University Initiative Update Mayor Ferrell reported this time last year, the Council passed an allocation of $75,000 for a Needs Assessment regarding bringing a University to the city. In September, the city received the final report and staff and Council are currently working together on packaging and presenting that to area Federal Way City Council Regular Minutes Page 1 of 6 November 1, 2016 Universities. The most recent meeting was with University of Washington at Tacoma. Discussions also include Highline College and Washington State University. • Veterans Day Event He noted the upcoming events honoring the veterans in the community and encouraged everyone to attend the Veterans Event on November 12 at Todd Beamer High School beginning at 2:00 p.m. • Violence Prevention Coalition Steering Committee Meeting Report Police Chief Andy Hwang noted the Violence Prevention Coalition Steering Committee held a open community meeting on October 26 which included updates, discussion and break -out sessions. He feels the meeting was very production and the Steering Committee is scheduled to bring recommendations back to the Mayor and Council in April 2017. • Report on FWCCN Souper Supper Mayor Ferrell was pleased to report the Federal Way Community Caregiving Network had a fabulous turnout for the "Souper Supper" on October 28. This event raised money for a wonderful group who volunteer and give their time supporting those in need in our community. • "We Scare Hunger" at Town Square Park He noted many students in the community chose to spend their Halloween night giving back to the community by participating in "We Scare Hunger" at Town Square Park. Students went trick or treating and collected canned food for the local food bank. This is a wonderful event which has grown each year. • lora Primary Care — Ribbon Cutting Event The Mayor noted he attended the Ribbon Cutting Event on October 25, for lora Primary Care which caters to senior and elderly and aging family members who are moving into care facilities. 4. CITIZEN COMMENT Tom Messmer provided an update on the interest in the Industrial Realty Group (IRG) Property and shared the methods the company is using to attract tenants /buyers. Debra Hansen read a letter written by George Weyerhaeuser regarding the former Weyerhaeuser property. Lori Sechrist spoke regarding an email sent by the Mayor's Office as follow up to the Town Hall Meeting hosted on October 13th and questioned information contained therein. Simone Perry shared that on October 25th the Cultural Landscape Foundation listed the former Weyerhaeuser Campus as an at -risk landscape. She is in favor of a Historical Preservation Ordinance as studied at the October 19th Planning Commission meeting. Cindy Johnston sent an email to the Mayor and City Council which shared many of the same concerns as the previous commenter and remains committed to saving the former Weyerhaeuser Campus. Federal Way City Council Regular Minutes Page 2 of 6 November 1, 2016 Dr. Michael Brown stated that the city chose to review the proposal under Process III rather than a simple legal decision and shared an email to this effect. Terry Thomas learned that Orca Bay is a tenant of Preferred Freezer and will not be using the full warehouse space. He shared that this information results in increased traffic risk and impact on the roads. Rosemary Wolf shared her experience working towards incorporation in the late 1980's and the good that has come from it including parks, good schools, cultural arts and performing arts center, and a diverse cultural and business community. Citizens do not want the City to become an industrial zone. Sue Petersen spoke regarding the October 28th Federal Way Mirror article regarding the exoneration of Chief of Staff Brian Wilson. Julie Cleary shared that if the proposed development moves forward it will disrupt elements of the City of Federal Way Bicycle and Pedestrian Master Plan which are already in place. Tashawna Nash informed Council on the economic and health benefits of green space including improved air quality, lower temperatures, and reduction of soil erosion into waterways. Mary Aronen shared her parents had been promised a hundred years of the Weyerhaeuser trees if they agreed to the zoning. If the project moves forward she shared her hope that this development can be done a safe manner. Nancy Ooley stated that she is an average citizen and she is here because she is fighting for her neighborhood. Sarah Rogers asked Mayor Ferrell and Council to appoint someone who shares the views of Councilmember Maloney as she is who the citizens elected. Diana Noble - Gulliford invited the Mayor, Council, and Citizens to attend the "Honor Their Own" program co- sponsored by the Federal Way Historical Society and Kiwanis. This event will take place November 12th at Todd Beamer High School. Dana Hollaway shared what she has learned in her studies regarding regional and city zoning. Also spoke regarding police staffing and that safety by increasing their numbers must be a top priority. Geoffrey Hastings reflected on the trees and parks around the nation and asked what would have happened if these treasures had been sold and developed into an industrial zone. He continues to petition for obtaining grant money in order to save this property. Suzanne Vargo is concerned about the safety of the water supply (both for ingesting and recreation) and is still waiting for a meeting with Lakehaven Utility District as well as a response from the Puyallup Tribe. Dakota Rauscher feels bad about the Orca Bay Fish Plant and that the trees will be gone. 5. CONSENT AGENDA a. Minutes: October 4, 2016 Regular Meeting; October 18, 2016 Special Meeting; October 18, 2016 Regular Meeting Federal Way City Council Regular Minutes Page 3 of 6 November I, 2016 b. Monthly Financial Report — September 2016 c. Vouchers — September 2016 d. RESOLUTION: CDBG Inter Fund Loan /APPROVED RESOLUTION #16 -708 DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A -D AS PRESENTED; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 6. PUBLIC HEARING At 8:30 p.m. Mayor Ferrell opened the public hearing. a. 2017 -2018 Biennial Budget /Property Tax Levy as required by RCW 35A.34 (continued from October 18, 2016) Finance Director Ade Ariwoola noted this Public Hearing is a continuation of the Public Hearing from October 18, 2016. Councilmember Honda asked a question specific to the Performing Arts and Event Center naming rights. Executive Director Yvonne responded the city currently has a contract with Superlative for the search process and has agreed with the expectation of value. No citizen comment was given. COUNCILMEMBER DUCLOS MOVED TO CONTINUE THE PUBLIC HEARING TO A DATE TO BE DETERMINED; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 7. COUNCIL BUSINESS a. RESOLUTION: Levy Limit /Substantial Need /APPROVED RESOLUTION #16 -709 Finance Director Ade Ariwoola gave a brief background on this item. He explained RCW 84.55.0101 which is the taxing district to use 101% or less for property tax. The RCW clearly states "...the levy for a taxing district in an year must be set so that the regular property taxes payable in the following year does [do] not exceed the limit factor multiplied by the amount of regular property taxes lawfully levied for such district..." He further explained the implicit price deflator and the city may only levy .95% instead of 1% without a Substantial Need Resolution. Councilmembers thanked Mr. Ariwoola for his presentation. Clarifying questions were raised regarding the actual dollar difference between .95% and 1%, and also asked questions regarding the Federal Way City Council Regular Minutes Page 4 of 6 November I, 2016 need. Mr. Ariwoola noted additional expenditures come up including staff salaries and labor union negotiations. It was also restated city's low rate historically when compared to similar cities in the region. COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED RESOLUTION FINDING A SUBSTANTIAL NEED TO SET THE LEVY LIMIT TO 101 %; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 8. COUNCIL REPORTS Councilmember Assefa- Dawson (via phone) had no report but expressed appreciation for the budget conversation she watched that happened earlier this evening and is ongoing. Councilmember Maloney attended the "Souper Supper" for the Caregiving Network and the Federal Way High School Stage 1 Ribbon Cutting. She shared that she, Mayor Ferrell, and Chief of Staff Wilson provided the Needs Assessment to the University of Washington and is excited to see what comes from it. Councilmember Honda reported on attending the Business Briefing the Chamber held last week which there was discussion on the Gateway project. She also reported the Souper Supper raised over $34,000 which is an increase from previous years. She attended various other community meetings including the VPCSC Community Meeting and the Federal Way High School Ribbon Cutting Ceremony. She also thanked all the students who participated in the 5th annual "We Scare Hunger" event in the community. Councilmember Koppang provided a brief report as he attended many of the same events already mentioned such as the Federal Way High School Ribbon Cutting, and the annual "Souper Supper ". Another partner in our community, the Multi- Service Center also held a great event he attended recently, and his is looking forward to attending the Veterans Day event at Todd Beamer High School at 2:00 p.m. on Saturday, November 12. Councilmember Moore shared that he attended the VPCSC meeting and was intrigued with the ideas and concepts such as youth /job partnerships. He also reported he attended the Community Caregivers Dinner, supporting the event in a volunteer capacity. He participated in a discussion on government at Highline College and also attended along with his wife, the "We Scare Hunger" event. Councilmember Duclos thanked Councilmember Koppang for the reference to the Multi Service Center. She also thanked everyone who came and talked about the IRG/Weyerhaeuser issue. She was home on Halloween and enjoyed seeing the kids and families out in the neighborhoods. This is a wonderful community and she is proud of our city. Deputy Mayor Burbidge announced the next meeting of the Lodging Tax Advisory Committee will be next Wednesday at 9:00 a.m. She also reported on her attendance at various regional meetings and is looking forward to continuing to work in collaboration with the University Initiative and the UW Tacoma. She thanked the students with their great enthusiasm to accomplish the goal of collecting food for the food bank for the "We Scare Hunger" event. Federal Way City Council Regular Minutes Page 5 of 6 November 1, 2016 9. EXECUTIVE SESSION • Collective Bargaining pursuant to RCW '12.30.1'10(4)(b) canceled • Property Acquisition pursuant to RCW 42.30.110(1)(b) canceled 10. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:14 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 6 of 6 November 1, 2016 COUNCIL MEETING DATE: *Pi ttam f 16, 2b1V CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5b SUBJECT: NORPOINT HEIGHTS FINAL PLAT APPROVAL RESOLUTION POLICY QUESTION: Should the City Council adopt a resolution approving the Norpoint Heights Final Plat, (City File No. 16- 102863 -SU)? COMMITTEE: Land Use /Transportation MEETING DATE: November 7, 2016 CATEGORY: J Consent [ Ordinance Public Hearing ❑ City Council Business ® Resolution U Other STAFF REPORT BY: Jim Harris, Planner Attachments: DEPT: Community Development 1. Resolution approving the Norpoint Heights Final Plat. 2. Norpoint Heights Final Plat Staff Report, October 24, 2016, with exhibits. Options Considered: 1. Approve the Final Plat and Resolution as presented. 2. Modify the Final Plat and /or Resolution and approve as modified. 3. Do not approve the Final Plat and provide direction to staff. MAYOR'S RECOMMENDATION: Adopt the Resolution approving the Norpoint Heights Final Plat. MAYOR APPROVAL: CHIEF OF STAFF: !� s C. nittee Initial /D LA LIt_,.. ir Cot Ini Counc Initial/Date Council Initial /Da DIRECTOR APPROVAL: 10 -2r -/( Initial /Date COMMITTEE RECOMMEND ION: I move to forward the Resolution approving the Norpoint Heights Final Plat to the November 15, 2016 consent agenda for approval. PROPOSED COUNCIL MOTION: "I move approval of the Resolution approving the Norpoint Heights Final Plat." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: El APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, approving the Norpoint Heights Final Plat, Federal Way, Washington, File No. 16- 102863- 00 -SU. WHEREAS, on January 27, 2010, the Federal Way Hearing Examiner conducted a public hearing on the Norpoint Heights Preliminary Plat application resulting in the recommendation of the Federal Way Hearing Examiner, dated March 2, 2010; and WHEREAS, the Norpoint Heights Preliminary Plat, City of Federal Way File No. 08- 100329-00-SU, was approved subject to conditions on April 6, 2010, by Federal Way City Council Resolution No. 10 -580, which adopted the Hearing Examiner's findings and conclusions; and WHEREAS, the Norpoint Heights Preliminary Plat, Federal Way City Council Resolution No. 10 -580 was amended by Federal Way City Council Resolution No. 12 -616 on March 6, 2012, which modified the approved clearing and grading plans for the plat; and WHEREAS, the applicant submitted the final plat application for Norpoint Heights within the required 7 -year completion time pursuant to RCW 58.17.140(3); and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 10 -580 and Resolution 12 -616; and WHEREAS, the City of Federal Way's Community Development Department and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and final plat decisional criteria, and their analysis and Resolution No. 16- Page 1 of 4 Rev 1/15 conclusions are set forth in the Community Development Department Staff Report, dated October 24, 2016, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the City Council Land Use and Transportation Committee reviewed and considered the application and staff report for the Norpoint Heights Final Plat during its meeting on November 7, 2016; and WHEREAS, the City Council reviewed and considered the application and staff report for the Norpoint Heights Final Plat during the City Council's Meeting on November 15, 2016. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Norpoint Heights Final Plat, City of Federal Way File No. 16- 102863- 00 -SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on, inter alia, the analysis and conclusions in the staff report, dated October 24, 2016, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as are required by city code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students Resolution No. 16- Page 2 of 4 Rev 1/15 who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in Federal Way City Council Resolution No. 10 -580, dated April 6, 2010, and Federal Way City Council Resolution 12 -616, dated April 6, 2012, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by the application's vested provisions of Federal Way City Code 20 -135. 5. All required improvements for final plat approval have been made, and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the Norpoint Heights Final Plat, City of Federal Way File No. 16- 102863 -00- SU, is approved. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto, as required pursuant to all applicable codes, shall be recorded with the King County Recorder's Office. The applicant shall pay all recording fees. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other Resolution No. 16- Page 3 of 4 Rev 1/15 section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution numbering, section/subsection numbers, and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2016. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 16- Page 4 of 4 Rev 1/15 CITY OF '�... Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO CITY COUNCIL Request for Final Plat Approval NORPOINT HEIGHTS FINAL PLAT Federal Way File No. 16- 102863 -00 -SU Report Date: October 24, 2016 RECOMMENDATION City of Federal Way staff has reviewed the final plat of Norpoint Heights for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II INTRODUCTION LUTC Meeting Date: November 7, 2016 Request: Request for final plat approval for the Norpoint Heights subdivision. Description: Norpoint Heights is a proposed 14 -lot single - family subdivision on approximately 3.04 acres. The preliminary plat ( "Norpoint Heights ") was granted approval by the Federal Way City Council on April 6, 2010, per City Council Resolution 10 -580. Owner: Access to the Norpoint Heights plat is from Norpoint Way NE at the 35300 Block, generally along the city's west border. Norpoint Way NE is a public roadway in northeast Tacoma. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements for the project have been constructed or financially guaranteed. Homes By Landmark, Inc., David Litowitz PO Box 26116 Federal Way, WA 98093 253- 927 -6116 Surveyor: Jonathan Becker Duncanson Company, Inc. 145 SW 155th Street, #102 Burien, WA 98166 206 - 244 -4141 Location: Sewage Disposal: The subject property is located in the City of Federal Way, adjacent to the westerly City limits line at the 35300 Block of Norpoint Way NE. (Exhibit A — Vicinity Map.) Lakehaven Utility District Water Supply: Lakehaven Utility District Fire District: South King Fire and Rescue School District: Federal Way School District Report Prepared By: Jim Harris, Planner III HISTORY AND BACKGROUND The 14 -lot Norpoint Heights Preliminary Plat was granted approval by the Federal Way City Council on April 6, 2010, per Resolution 10 -580. The 3.04 -acre subdivision includes public right -of -way dedication for roadways, and includes dedication of a public storm drainage facility tract (Tract C), (Exhibit B — Final Plat Map). City Council Resolution 10 -580 was later amended by City Council Resolution 12 -616 on March 6, 2012, which modified the approved clearing and grading plans. The zoning for the northern portion of the site is RS 7.2 with a minimum permitted lot size of 7,200 square feet, and the southern portion of the site is zoned RS 5.0 with a minimum permitted lot size of 5,000 square feet. The lots in the Norpoint Heights plat meet the minimum lot size for the applicable underlying zoning designations, and the lot sizes range from 5,001 square feet to 9,120 square feet. Pursuant to RCW 58.17.140(3), the Norpoint Heights preliminary plat approval is valid for seven years from the date of the preliminary plat approval. The final plat application was submitted to the City and deemed complete within seven years of the date of preliminary plat approval. The applicant applied for engineering plan approval on December 13, 2010. Engineering plan approval (Notice to Proceed) was granted by the City on April 27, 2015, and site work commenced shortly thereafter. The developer applied for final plat approval on June 10, 2016, while the site was still under construction. Improvements are now substantially complete and the final plat application was deemed complete on October 3, 2016. Pursuant to RCW 58.17.110 and Federal Way City Code (FWCC) 20 -136, the City Council is charged with determining whether: 1) the proposed final plat conforms to all terms of the preliminary plat approval and subsequent approved modifications; 2) the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval; 3) all taxes and assessments owing on the property have been paid; and 4) all required improvements have been made or sufficient security has been accepted by the city. City of Federal Way staff has reviewed the Norpoint Heights final plat for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met or financially secured as allowed by FWCC 20 -135. A proposed resolution of the City of Federal Way, Washington, to approve the final plat of Norpoint Heights is attached (Exhibit C). Norpoint Heights File #16- 102863/Doc ID 74726 Staff Report for Request for Final Plat Approval Page 2 of 6 IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval (Resolution 10 -580). Required improvements have been completed or financially secured as allowed by FWCC 20 -135 and identified by staff response following each condition. Planning Conditions: 1. Prior to approval of the final plat, the applicant must submit to the City of Federal Way the fee -in -lieu of open space, calculated on 15 percent of the most recent assessed value of the property at the time of final plat. Staff Response: This condition will be met prior to plat recording. The plat map shows and the applicant has provided some usable open space on -site as allowed by FWRC. Specifically Tracts A and B are landscape tracts totaling 1,599 square feet of buffer open space, and Tract F is a 1,106 square foot usable open space tract for a pedestrian connection. Therefore, a total of two percent of the required open space is being provided on site, and the applicant has opted to pay the remaining 13 percent of the assessed land value to fulfill the FWRC required open space as fee -in -lieu of on- site open space. The assessed land value from 2016 King County Assessors records is $159, 000.00. The applicant shall pay the city a total of $20,670.00 in lieu of providing required usable open space on site. ($159,000.00 X .13 = $20,670.00). 2. A copy of the Homeowners Association (HOA) /Covenant Agreement must be recorded prior to recording of the plat. The HOA/Covenant Agreement must contain language which governs the responsibility of owning/maintaining common landscaping tracts along Norpoint Way NE and the non - public landscaping tract in and around the stormwater detention facility. Staff Response: This condition will be met with plat recording. The owner has provided a copy of draft HOA covenants that will be recorded concurrent with the plat recording. The final plat map includes notes that govern ownership and maintenance responsibilities for the landscape tracts along Norpoint Way NE, which will be owned and maintained by the HOA, and the storm drainage pond tract which is being dedicated for ownership and maintenance by the City of Federal Way. 3. The power easement for Puget Sound Energy (PSE) that runs north/south along the eastern portion of the proposed preliminary plat must be shown on the final recorded plat. Additionally, the buildable areas of each lot shall be shown outside of the easement. Staff Response: This condition has been met. The PSE easement and the building envelopes for each lot are depicted on the final plat map. Public Works Conditions: 1. Pedestrian improvements to assure safe walking conditions to school bus stops as detailed in the School Access Analysis. Final location and design of the school access path shall be approved by the Federal Way School District and Federal Way Public Works Department prior to issuance of construction permits for infrastructure improvements. Norpoint Heights File #16- 102863/Doc ID 74726 Staff Report for Request for Final Plat Approval Page 3 of 6 Staff Response: This condition has been met. The Public Works Department approved engineering plans for the plat infrastructure construction including walking areas for school access in early 2015. All students from this plat will be served by busses in the Madrona Trails neighborhood, near the intersection of 27th Ave SW and SW 351' St. Students have been provided a safe walking route from the plat, utilizing an existing sidewalk along Norpoint Way NE within the City of Tacoma (Norpoint Way NE is a City of Tacoma right -of -way), and a new sidewalk that connects the Norpoint Way sidewalk to the existing sidewalk along 27th Ave SW. The new sidewalks have been constructed and accepted by the City of Tacoma and the Federal Way Public Works Department. 2. Design of the stormwater drainage pond shall be consistent with the conceptual design presented in Exhibit 0. In addition, the stormwater drainage pond shall be subject to the following: • It must be demonstrated through final engineering design and review process that the design meets all design criteria for public ponds, per the 1998 King County Surface Water Design Manual (KCSWDM). • The City will accept the pond for operations and maintenance, after final plat recording and upon successful completion of the City Code required post construction two -year maintenance period. • Approval /agreement from the property owner(s) on the north side of the pond, for a wall to be constructed on that adjacent property, and any walls built on parcels /property other than within the pond tract will be owned and maintained by those adjacent property owners. • Third party structural review /approval of all walls associated with the pond. • Walls to meet design criteria set forth by a Licensed Professional Geotechnical Engineer and third party review will be required. Staff Response: This condition has been met. The Public Works Department approved engineering plans for the plat infrastructure construction in early 2015, and the engineering plans meet the preliminary plat requirements and conditions. Plat infrastructure has been inspected by the Public Works Department during construction, and is now substantially complete. V SEPA In conjunction with the preliminary plat review, the City issued a State Environmental Policy Act (SEPA) Determination of Nonsignificance (DNS) file no. 08- 100330 -SE, for the proposal on August 12, 2009. The final plat complies with the SEPA DNS. VI DECISIONAL CRITERIA Pursuant to FWCC 20 -136, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat and SEPA determination have been met or financially guaranteed, and the final plat is in substantial conformance to the preliminary plat. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met and /or financially guaranteed. The plat meets the RS 7.2 and RS 5.0 zoning standards in effect at the time the application was determined to be complete. The Norpoint Heights File #16- 102863/Doc ID 74726 Staff Report for Request for Final Plat Approval Page 4 of 6 lot sizes exceed the underlying minimum lot size requirement of 7,200 square feet for single-family lots in the RS 7.2 zone in the northern portion of the site, and lots meet the RS 5.0 designation for those lots in the southern portion of the site. Construction of the plat infrastructure is substantially complete and, as provided in FWRC 20 -135, performance and maintenance bonds are in place for the entire plat and off-site improvements. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and /or financially guaranteed. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and /or adequately financially guaranteed as discussed above, including: safe walking routes to school bus stops; provisions for open space; drainage system installation; water system installation; sewer system installation; and street improvements. In order to meet the City's transportation concurrency standards that were applicable at the time of the preliminary plat review and approval, prior to recording the plat, the applicant must pay the City a pro -rata traffic fee of $18,433.00 to address any failures in the City's Level of Service (LOS) standard. In order to meet the City's adopted open space requirements that were applicable at the time of the preliminary plat review and approval, prior to recording the plat, the applicant must pay the City an open space fee in -lieu of $20,670.00. 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and storm drainage improvements for Norpoint Heights have been constructed and a maintenance bond is in effect. In addition, sewer and water lines have been installed and approved by Lakehaven Utility District as identified in the letter of substantial completion from Lakehaven Utility District dated September 27, 2016. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. Norpoint Heights File #16- 102863/Doc ID 74726 Staff Report for Request for Final Plat Approval Page 5 of 6 VII CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Norpoint Heights meets all platting requirements of RCW 58.17.110 and FWCC 20 -136. Plat infrastructure improvements have been substantially completed and/or financially secured to guarantee that all plat conditions and code requirements will be completed as allowed by FWCC 20 -135. The project has been developed in conformance with Resolution 10 -580 and Resolution 12 -616, approving the Norpoint Heights Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for approval. VIII EXHIBITS Exhibit A Exhibit B Exhibit C Vicinity Map for Norpoint Heights Reduced Copy (81/2 x 11) of Norpoint Heights Final Plat Map Resolution of the City of Federal Way, Washington, Approving the Norpoint Heights Final Plat Norpoint Heights File #16- 102863/Doc ID 74726 Staff Report for Request for Final Plat Approval Page 6 of 6 Norpoint Heights Final Plat Vicinity Map Subject Property 200 0 200 400 Feet N EXPIR T PAGE 1 OF__1 NORPOINT HEIGHTS A PORTION OF THE NW 1/4 OF THE NE 1/4 AND THE NE 1/4 OF THE NW 1/4 OF SEC 25, T 21 N, R 3 E, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED. HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY. AND DO HEREBY DEDICATE TO THE CITY OF FEDERAL WAY FOR THE USE OF THE PUBLIC FOREVER ALL STREETS ANO AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND TRACTS SHOWN HEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED HEREON, INCLUDING BUT NOT LIMITED TO PARKS. OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC. IN WHICH CASE WE DO HEREBY DEDICATE AND CONVEY SUCH STREETS, EASEMENTS. OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND SUBDIVIDED HEREBY, WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE DESIGN, ESTABUSHMENT, CONSTRUCTION, OPERATION. FAILURE TO OPERATE, OR MAINTENANCE OF ROADS AND /OR DRAINAGE SYSTEMS. ALTERATIONS OF THE GROUND SURFACE, VEGETATION. DRAINAGE OR SURFACE OR SUBSURFACE WATER FLOWS WITHIN THIS SUBDIVISION OR WITHIN ANY DRAINAGE OR DETENTION FACILITIES DESIGNED TO RECEIVE OR ACTUALLY RECEIVING DRAINAGE FROM THE SUBDIVISIONS AND THE CITY OF FEDERAL WAYS REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF FEDERAL WAY. FURTHER. THE UNDERSIGNED OWNERS OF THE LAND SUBDIVIDED HEREBY. AGREE FOR THEMSELVES. THEIR HEIRS AND ASSIGNS TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS. FROM AND AGAINST ANY DAMAGE. INCLUDING ANY COSTS OF DEFENSE, CLAIMED BY PERSONS WITHIN OR WITHOUT THE SUBDIVISIONS TO HAVE BEEN CAUSED BY THE DESIGN, ESTABLISHMENT. CONSTRUCTION. OPERATION. FAILURE TO OPERATE, OR MAINTENANCE OF ROADS AND /OR DRAINAGE SYSTEMS, ALTERATIONS OF THE GROUND SURFACE. VEGETATION. DRAINAGE OR SURFACE CR SUBSURFACE WATER FLOWS WITHIN THIS SUBDIVISION OR WITHIN ANY DRAINAGE OR DETENTION FACILITIES DESIGNED TO RECEIVE OR ACTUALLY RECEIVING DRAINAGE FROM THE SUBDIVISIONS AND THE CITY OF FEDERAL WAYS REVIEW AND APPROVAL OF PLANS AND PERMITS FOR SAME. PROVIDED. THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF FEDERAL WAY. ITS SUCCESSORS OR ASSIGNS. FROM UABILITY FOR DAMAGES, INCLUDING THE COST OF DEFENSE, RESULTING FROM AND TO THE EXTENT OF THE SOLE NEGUGENCE OF THE CITY OF FEDERAL WAY, ITS SUCCESSORS OR ASSIGNS. THIS SUBDIVISION. DEDICATION, INDEMNIFICATION OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS. HOMES BY LANDMARK, INC. FIRST DIVERSIFIED CORPORATION BY. ITS: ACKNOWLEDGMENTS BY: ITS STATE OF ) SS COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT, ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE OF TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED SIGNATURE OF NOTARY PUBLIC PRINTED NAME TITLE MY APPOINTMENT EXPIRES STATE OF SS COUNTY OF I CERTIFY THAT 1 KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT, ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE OF TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED SIGNATURE OF NOTARY PUBLIC PRINTED NAME TITLE MY APPOINTMENT EXPIRES CITY OF FEDERAL WAY FILE NO. 16- 102863 -00 -SU APPROVALS VOLJPG DEPARTMENT OF PUBUC WORKS EXAMINED AND APPROVED THIS DAY OF 20 PUBLIC WORKS DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT EXAMINED AND APPROVED THIS DAY OF 20 DIRECTOR OF COMMUNITY DEVELOPMENT FEDERAL WAY CITY COUNCIL EXAMINED AND APPROVED THIS DAY OF 20 MAYOR OF FEDERAL WAY ATTEST: CITY CLERK KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS DAY OF 20 KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER 252103 -9048 KING COUNTY FINANCE DIVISION CERTIFICATE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DEUNOUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBUC USE, ARE PAID IN FULL 11415 DAY OF , 20 MANAGER. FINANCE DIVISION DEPUTY p cu r I— I I—-F -a I I I I I I - -I- _.J EXHIRIT LAND SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF NORPOINT HEIGHTS IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 25, TOWNSHIP a NORTH, RANGE Q,, EAST, W.M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON; THAT THE MONUMENTS WILL BE SET ANO THE LOT AND BLOCK CORNERS WILL BE STAKED CORRECTLY ON THE GROUND AS CONSTRUCTION IS COMPLETED AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING REGULATIONS. PAGE_ l_OF. JONATHAN MARLO BECKER, PLS — CER11FRCATE NO. 41277 DUNCANSON COMPANY. INC. 145 SW 155TH STREET, STE. 102 SEATTLE, WASHINGTON 98166 PHONE (206) 244 -4141 RECORDER'S CERTIFICATE Recording No Filed for record this day of in book of fiats at page 20 at M Mg, Supt. of Records LAND SURVEYOR'S CERTIFICATE This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of in L1 DUNCANSON Company, Ma CIVIL ENGINEERING • SURVEYING • LAND PLANNING 145 SW 15NA Snea, Sre 103. Sand IYadingrm 98166 Phone: (206)244 -4141 Far 206) 244-4455 Certificate No 41277 DWN. BY LAC DATE 08/312016 SHEET CHKD. BY JMB JOB NO. 10533 1 OF 4 0 51) NORPOINT HEIGHTS A PORTION OF THE NW 1/4 OF THE NE 1/4 AND THE NE 1/4 OF THE NW 1/4 OF SEC 25, T 21 N, R 3 E, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON NOTES 1) THE NORPOINT HEIGHTS HOME OWNERS ASSOCIATION (HEREINAFTER "HOMEOWNERS ASSOCIATION ") WAS ESTABLISHED ON THE ARTICLES OF INCORPORATION ARE ON FILE WITH THE STATE OF WASHINGTON IN OLYMPIA, 2) A "TRACT' IS LAND RESERVED FOR SPECIFIED USES INCLUDING, BUT NOT LIMITED TO, RESERVE TRACTS, RECREATION, OPEN SPACE, SENSITIVE AREAS, SURFACE WATER RETENTION, UTIUTY FACILITIES AND ACCESS. TRACTS ARE NOT CONSIDERED LOTS OR BUILDING SITES FOR PURPOSES OF RESIDENTIAL DWELLING CONSTRUCTION. 3) TRACT "A" IS A LANDSCAPE TRACT TO BE CONVEYED TO AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION UPON RECORDING OF THIS PLAT. REMOVAL OR DISTURBANCE OF LANDSCAPING WITHIN THE TRACT IS PROHIBITED. EXCEPT AS NECESSARY FOR MAINTENANCE OR REPLACEMENT OF EXISTING PLANTINGS. A PUBLIC SEWER EASEMENT ACROSS THE ENTIRE TRACT SHALL BE GRANTED TO LAKEHAVEN UTILITY DISTRICT UPON RECORDING. SEE "LAKEHAVEN UTILITY DISTRICT EASEMENT" NOTE ON THIS SHEET. 4) TRACT "B" IS A LANDSCAPE TRACT TO BE CONVEYED TO AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION UPON RECORDING OF THIS PLAT. REMOVAL OR DISTURBANCE OF LANDSCAPING WITHIN THE TRACT IS PROHIBITED. EXCEPT AS NECESSARY FOR MAINTENANCE OR REPLACEMENT OF EXISTING PLANTINGS. A PRIVATE SEWER EASEMENT ACROSS THE ENTIRE TRACT FOR THE BENEFIT OF KING COUNTY TAX PARCEL #2521039062 SHALL BE GRANTED TO THE OWNER OF SAID KING COUNTY TAX PARCEL #2521039062 UPON RECORDING. SEE "PRIVATE SEWER EASEMENT" NOTE ON 5115 SHEET. 5) TRACT ''C" IS A STORM DRAINAGE TRACT TO BE CONVEYED TO AND MAINTAINED BY THE CITY OF FEDERAL WAY UPON RECORDING OF THIS PLAT. REMOVAL OR DISTURBANCE OF LANDSCAPING WITHIN THE TRACT IS PROHIBITED. EXCEPT AS NECESSARY FOR MAINTENANCE OR REPLACEMENT OF EXISTING PLANTINGS AND AS APPROVED BY THE CITY OF FEDERAL WAY. 6) TRACT "D" IS A UTILITY TRACT TO BE CONVEYED TO AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION UPON RECORDING OF TH15 PLAT. A WATER EASEMENT ACROSS THE ENTIRE TRACT SHALL BE GRANTED TO LAKEHAVEN UTILITY DISTRICT UPON RECORDING OF THIS PLAT, SEE "LAKEHAVEN UTILITY DISTRICT EASEMENT" NOTE ON THIS SHEET. 7) TRACT "V' IS A PRIVATE DRIVEWAY AND PEDESTRIAN PATHWAY TRACT TO BE CONVEYED TO AND MAINTAINED BY THE OWNERS OF THE LOTS BEING SERVED BY THIS EASEMENT UPON RECORDING OF THIS PLAT. TRACT "E" ALSO CONTAINS A NON - MOTORIZED PATH AND PUBLIC PEDESTRIAN ACCESS EASEMENT TO BE GRANTED TO THE PUBLIC UPON RECORDING OF THIS PLAT. A PUBUC WATER AND PUBLIC SEWER EASEMENT ACROSS THE ENTIRE TRACT SHALL BE GRANTED TO LAKEHAVEN UTILITY DISTRICT UPON RECORDING OF THIS PLAT, SEE "LAKEHAVEN UTIUTY DISTRICT EASEMENT' NOTE ON THIS SHEET. 8) TRACT ''F" IS AN OPEN SPACE AND PEDESTRIAN PATHWAY TRACT TO BE CONVEYED TO AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION UPON RECORDING OF THIS PLAT. TRACT "F" ALSO CONTAINS AN EASEMENT. GRANTED TO THE PUBLIC UPON RECORDING OF THIS PLAT FOR ACCESS ACROSS THE PEDESTRIAN PATHWAY. A PUBLIC WATER EASEMENT ACROSS THE ENTIRE TRACT SHALL BE GRANTED TO LAKEHAVEN UTILITY DISTRICT UPON RECORDING OF THIS PLAT, SEE "LAKEHAVEN UTILITY DISTRICT EASEMENT" NOTE ON THIS SHEET. 9) ALL WATERLINE EASEMENTS AND SANITARY SEWER EASEMENTS DEPICTED HEREON ARE HEREBY RESERVED FOR AND CONVEYED TO LAKEHAVEN UTILITY DISTRICT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH WATER AND SANITARY SERVICE. 10) ALL DRIVEWAYS MUST BE SET BACK A MINIMUM DISTANCE OF 25 FEET FROM ADJACENT INTERSECTIONS. 11) BUILDING SETBACKS ARE AS FOLLOWS: FRONT = 20', SIDE = 5' AND REAR = 5' FROM THE PROPERTY UNES, OR AS OTHERWISE RESTRICTED BY EASEMENT, AND WILL HEREINAFTER BE REFERRED TO AS "BSBL ". 12) STREET TREES. PLANTER STRIPS AND CUL -DE -SAC LANDSCAPING SHALL BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 13) SIDE SEWER STUBS HAVE BEEN INSTALLED WITH THE CONSTRUCTION OF THE MAIN SEWER SYSTEM. THE INVERT ELEVATIONS OF THOSE PIPES WILL DETERMINE THE MINIMUM FINISHED FLOOR ELEVATION REQUIRED TO OBTAIN GRAVITY FLOW INTO THE MAIN SEWER SYSTEM. THE PLANS ON FILE WITH LAKEHAVEN UTIUTY DISTRICT SHOULD BE CONSULTED PRIOR TO COMMENCING DESIGN DRAWINGS FOR ANY FUTURE DEVELOPMENT ON THE LOTS SHOWN HEREON. 14) DURING THE CONSTRUCTION OF ANY LOT WITHIN THIS SUBDIVISION, STUB -OUT INVERT ELEVATIONS FOR STORM DRAINAGE SHOULD BE VERIFIED BY THE INDIVIDUAL LOT BUILDER OR OWNER TO PROVIDE THE NECESSARY SLOPE FROM THE PROPOSED HOUSE. 15) ALL PRIVATE STORM DRAINAGE EASEMENTS DEPICTED HEREON ACROSS THE NORTHERLY 10 -FEET OF LOTS 1 THROUGH 5, THE EASTERLY 10 -FEET OF LOTS 6 AND 7, THE EASTERLY 5 -FEET OE LOTS 8 THROUGH 10, THE WESTERLY 5 -FEET OF LOTS 11 AND 12 AND THE SOUTH 10 -FEET OF LOTS 12 THROUGH 14 ARE PRIVATE AND ARE HEREBY CONVEYED TO THE LOT OWNERS WHO BENEFIT FROM THE EASEMENT. THE OWNERS OF SAID LOTS SHALL BE EQUALLY RESPONSIBLE FOR THE MAINTENANCE, REPAIR AND REPLACEMENT OF THE DRAINAGE FACIUTIES WITHIN THE EASEMENT. NO GRADING OR OTHER INTRUSION SHALL BE ALLOWED IN SAID EASEMENT AREA. 16) ALL BUILDING DOWNSPOUTS. FOOTING DRAINS. AND DRAINS FROM ALL IMPERVIOUS SURFACES SUCH AS PATIOS AND DRIVEWAYS SHALL BE CONNECTED TO THE PERMANENT STORM DRAIN OUTLET AS SHOWN ON THE APPROVED ENGINEERING PLANS PERMIT NO. 10- 105147 -00 -EN ON FILE WITH THE CITY OF FEDERAL WAY. THIS PLAN SHALL BE SUBMITTED WITH ANY APPLICATION FOR ANY BUILDING PERMIT. ALL CONNECTIONS OF THE DRAINS MUST BE CONSTRUCTED AND APPROVED PRIOR TO THE FINAL BUILDING INSPECTION APPROVAL. FOR THOSE LOTS THAT ARE DESIGNATED FOR INDIVIDUAL LOT INFILTRATION SYSTEMS, THE SYSTEMS SHALL BE CONSTRUCTED AT THE TIME OF THE BUILDING PERMIT AND SHALL COMPLY WITH ALL PLANS ON FILE. ALL INDIVIDUAL STUB -OUTS AND INFILTRATION SYSTEMS SHALL BE PRIVATELY OWNED AND MAINTAINED BY THE LOT OWNER. AT A MINIMUM, PERFORATED STUB -OUT CONNECTIONS SHALL BE PROVIDED. 17) WATER SERVICE TO LOTS 7, 9, 10 AND 11 MUST BE MADE WITHIN THE 10 -FOOT PUBUC UTILITY EASEMENT (SEE EASEMENT PROVISIONS. THIS SHEET). 18) ANY FUTURE DEVELOPMENT ON THE LOTS CONTAINED HEREIN SHALL BE MADE IN ACCORDANCE WITH THE RECOMMENDATIONS MADE IN GEOTECH REPORT PREPARED BY GEORESOURCES, LLC. EASEMENT PROVISIONS AN EASEMENT IS HEREBY RESERVED FOR AND CONVEYED TO PUGET SOUND ENERGY (GAS), TACOMA PUBUC UTILITIES/TACOMA POWER, CENTURYLINK TELEPHONE COMPANY, COMCAST CABLE COMPANY, LAKEHAVEN UTIUTY DISTRICT, OTHER UTILITY PROVIDERS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS AND THE OWNERS OF LOTS 7, 9. 10 AND 11 FOR PRIVATE WATER SERVICES, UNDER THE EXTERIOR 10 FEET OF ALL LOTS. TRACTS AND SPACES WITHIN THE PLAT LYING PARALLEL WITH AND ADJOINING ALL STREET(S). ALONG THE EAST AND WEST SIDES OF TRACT E AND AS SHOWN ON LOTS 3, 4, 11 AND 12; IN WHICH TO CONSTRUCT. OPERATE, MAINTAIN, REPAIR, REPLACE AND ENLARGE UNDERGROUND PIPES. CONDUITS, CABLES AND WIRES WITH ALL NECESSARY OR CONVENIENT UNDERGROUND OR GROUND - MOUNTING APPURTENANCES THERETO FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, GAS, TELEPHONE, TELEVISION AND OTHER UTILITY SERVICE. TOGETHER WITH THE RIGHT TO ENTER UPON STREETS, LOTS. TRACTS AND SPACES AT ALL TIMES FOR THE PURPOSES STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION BY THE UTILITY OR LOT OWNERS OF LOTS 7, 9, 10 AND 11 WITH RESPECT TO PRIVATE WATER SERVICES. CITY OF FEDERAL WAY FILE NO. 16- 102863 -00 -SU LAKEHAVEN UTILITY DISTRICT EASEMENT: VOUPG AN EASEMENT IS HEREBY IRREVOCABLY RESERVED FOR AND GRANTED TO LAKEHAVEN UTILITY DISTRICT AND ITS AGENTS, SUCCESSORS AND ASSIGNS. FOR SO LONG AS IT SHALL OWN AND MAINTAIN 1115 UTILITIES REFERENCED HEREIN UNDER AND UPON THE AREA SHOWN ON THE PLAT AND DESCRIBED HEREIN AS "LAKEHAVEN WATER EASEMENT" (WE) TO INSTALL, MAINTAIN, REPLACE. REPAIR AND OPERATE WATER MAINS AND APPURTENANCES FOR THIS SUBDIVISION AND OTHER PROPERTY AND "LAKEHAVEN SANITARY SEWER EASEMENT" (SSE) TO INSTALL. MAINTAIN. REPLACE. REPAIR AND OPERATE SEWER MAINS AND APPURTENANCES FOR THIS SUBDIVISION AND OTHER PROPERTY TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT ALL TIMES FOR PURPOSES INCIDENT THERETO. NO BUILDING, WALL, ROCKERY. FENCE. TREES OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANTED, NOR SHALL ANY FILL MATERIAL BE PLACED WTHIN THE BOUNDARIES OF SAID EASEMENT AREA. NO EXCAVATION SHALL BE MADE WITHIN THREE (3) FEET OF SAID WATER OR SEWER SERVICE FACILITIES AND THE SURFACE LEVEL OF THE GROUND WITHIN THE EASEMENT AREA SHALL BE MAINTAINED AT THE ELEVATION AS CURRENTLY EXISTING. GRANTOR HEREBY AGREES THAT NO WATER OR SEWER SYSTEM FACILITY OR APPURTENANCE OF ANY KIND SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR, OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF GRANTOR, WITHIN OR PROXIMATE TO SAID EASEMENT, UNLESS SUCH INSTALLATION IS APPROVED BY GRANTEE AND IS IN CONFORMANCE WITH THE THEN - CURRENT EDITION OF THE 'CRITERIA FOR SEWAGE WORKS DESIGN" PUBLISHED BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY. GRANTOR HEREBY FURTHER AGREES THAT NO OTHER UTIUTY FACILITY OR APPURTENANCE OF ANY KIND, INCLUDING UTIUTY SERVICE CONNECTIONS, SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR, OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF GRANTOR, WITHIN THREE FEET (3'), MEASURED HORIZONTALLY FOR PARALLEL ALIGNMENTS. OR WITHIN 51X INCHES (6 "). MEASURED VERTICALLY FOR CROSSING OR PERPENDICULAR AUGNMENTS, OF ANY PORTION OF THE GRANTEE'S FACILITIES. GRANTOR ADDITIONALLY GRANTS TO THE LAKEHAVEN UTILITY DISTRICT AND ITS AGENTS. SUCCESSORS AND ASSIGNS THE USE OF SUCH ADDITIONAL AREA IMMEDIATELY ADJACENT TO SAID EASEMENT AREA AS SHALL BE REQUIRED FOR THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE AND OPERATION OF SAID WATER AND SEWER FACILITIES. THE USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO A REASONABLE MINIMUM AND BE RETURNED TO THE CONDITION EXISTING IMMEDIATELY BEFORE THE PROPERTY WAS ENTERED UPON BY THE LAKEHAVEN UTILITY DISTRICT, 115 AGENTS. SUCCESSORS AND ASSIGNS. IN ADDITION TO THE OTHER RESTRICTIONS HEREIN, GRANTOR SHALL NOT CONVEY TO A THIRD PARTY ANY EASEMENT OR OTHER INTEREST OR RIGHT OF USE OF PROPERTY SUBJECT TO THE EASEMENT THAT WOULD IMPAIR OR LIMIT THE USE OF THE EASEMENT RIGHTS GRANTED HEREIN. PRIVATE SEWER EASEMENT: AN EASEMENT 15 HEREBY RESERVED FOR AND GRANTED TO THE OWNER OF TAX PARCEL #2521039062 FOR INGRESS, EGRESS AND UTILITY PURPOSES THROUGH. OVER, AND ACROSS TRACT 6, HEREON. THE GRANTEE SHALL HAVE THE RIGHT, WITHOUT PRIOR NOTICE TO GRANTOR, TO INSTALL, REPAIR. RECONSTRUCT, OPERATE AND /OR MAINTAIN GRANTEES FACILITIES WITHIN SAID EASEMENT. AND TO ENTER UPON SAID REAL PROPERTY WITHOUT INCURRING ANY LEGAL OBLIGATION OR UABILITY. 711E GRANTEE AGREES THAT ANY EXISTING IMPROVEMENTS ON SAID REAL PROPERTY THAT MAY BE DISTURBED OR DESTROYED BY GRANTEES FACILITIES OR ACTIVITIES RELATED TO SUCH FACIUTIES, WILL BE REPLACED. REPAIRED. OR OTHERWISE RESTORED AS REASONABLY PRACTICABLE. TO THE PRE -EVENT CONDITION BY AND AT GRANTEES EXPENSE. PUGET SOUND ENERGY AGREEMENT PSE OPERATES AND MAINTAINS A TRANSMISSION LINE ACROSS THE UNDERLYING PROPERTY (EASEMENT AREA) AS USTED ON SHEET 3 AND DELINEATED ON SHEET 4, HEREON. AN AGREEMENT EXISTS BETWEEN PUGET SOUND ENERGY, INC (PSE) AND LANDMARK HOMES, INC. (OWNER) TO UTIUZE PORTIONS OF THE EASEMENT AREA FOR: CITY OF FEDERAL WAY PUBUC ROADWAY AND UTIUTIES. LAKEHAVEN UTIUTY DISTRICT UTIUTIES, AND ADJACENT PROPERTY OWNER ACCESS AND MAINTENANCE OF CONCRETE DRIVEWAY TO HOUSE, LAWN, AND STREET TREES. THE FOLLOWING RESTRICTIONS APPLY, BUT DO NOT REPRESENT A COMPLETE UST - PLEASE REFER TO ACTUAL RECORDED DOCUMENT FOR PARTICULARS: 1) IF SUCH USE BECOMES A HAZARD TO PSE'S FACIUTIES (BOTH EXISTING AND FUTURE). THE OWNER WILL BE REQUIRED TO CORRECT SUCH HAZARD AT THEIR OWN EXPENSE 2) NO GRADING WITHIN THE EASEMENT AREA SHALL REDUCE THE VERTICAL DISTANCE BETWEEN THE GROUND AND WIRES AND NO EXCAVATION SHALL BE PERMITTED WITHIN 50 -FEET OF PSE POLES AND ANCHORS. THE OWNER MUST PAY FOR ALL COSTS RELATED TO CHANGING THE VERTICAL LINE CLEARANCES AS A RESULT OF THEIR USE 3) A MINIMUM CLEARANCE OF 20 -FEET FROM ALL POWER LINES MUST BE OBSERVED AND NO BUILDING OR STRUCTURE SHALL BE BUILT WITHIN THE EASEMENT AREA. ANY PSE ANCHORS CANNOT BE COVERED 4) EASEMENT SHALL NOT BE USED FOR THE STORAGE OF FLAMABLE OR VOLATILE MATERIAL OR THE PLACEMENT OF ANY BUILDING OR STRUCTURE. INCLUDING. BUT NOT UNITED T0, THE FOLLOWING: DECKS. PATIOS, AND OUT BUILDINGS OF ANY KIND OR NATURE 5) AT NO TIME SHALL PSE'S ACCESS TO THEIR FACIUTIES WITHIN THE EASEMENT AREA BE PERMANENTLY BLOCKED OFF OR UNDULY RESTRICTED - AT ALL TIMES PSE MUST HAVE A MINIMUM WORKING CLEARANCE OF 15 -FEET. NO FENCES SHALL BE CONSTRUCTED WITHIN THE EASEMENT AREA AND LANDSCAPING MUST NOT INTERFERE WITH PSE'S ACCESS 6) PSE SHALL HAVE THE RIGHT TO CONTROL. ON A CONTINUING BASIS AND BY ANY PRUDENT AND REASONABLE MEANS, THE ESTABLISHMENT AND GROWTH OF BRUSH, TREES AND OTHER VEGETATION UPON THE EASEMENT AREA WHICH CREATE A HAZARD TO PSE'S SYSTEMS 7) PSE SHALL HAVE THE RIGHT TO CUT. TRIM, REMOVE AND DISPOSE OF ANY TREES LOCATED ON THE PROPERTY OUTSIDE THE EASEMENT AREA, WHICH COULD, IN PSE'S SOLE JUDGMENT. INTERFERE WITH OR CREATE A HAZARD TO PSE'S SYSTEMS. PRIOR TO THE EXERCISE OF SUCH RIGHTS, PSE SHALL MAKE A REASONABLE EFFORT TO GIVE OWNER PRIOR NOTICE THAT SUCH TREES WILL BE CUT, TRIMMED, REMOVED OR DISPOSED OF (EXCEPT IN EMERGENCY CONDITIONS). OWNER SHALL BE ENTITLED TO NO COMPENSATION FOR TREES CUT, TRIMMED, REMOVED OR DISPOSED OF EXCEPT FOR THE ACTUAL MARKET VALUE OF MERCHANTABLE TIMBER (IF ANY) CUT AND REMOVED FROM THE PROPERTY BY PSE. 8) ALL SHRUBS AND TREES TO BE SITUATED IN THE EASEMENT AREA MUST BE OF A LOW GROWING VARIETY WHICH NORMALLY DO NOT EXCEED FIFTEEN (15) FEET IN HEIGHT AT MATURITY. 9) THE OWNER RELEASES PSE OF LOSS, DAMAGE OR INJURY, WHICH MAY RESULT FROM SUCH USE OF THE EASEMENT AREA, EXCEPT AS RESULTING FROM THE NEGLIGENCE OF PSE OR PSE'S AGENTS OR EMPLOYEES. ANY DAMAGE TO PSE'S FACILITIES CAUSED BY OR RESULTING FROM SUCH USE OF THE EASEMENT AREA MAY BE REPAIRED BY PSE AND CHARGED AGAINST AND PBWD BY THE OWNER. THE OWNER FURTHER AGREES TO HARMLESS P ITS AGENTS AND EMPLOYEES FROM ALL LOSS. DAM N ON WIIOMSOE TO THE EXTENT SUCH LOSS, DAMAGE OR INJURY R E EASEMENT AREA BY THE OWNER, THEIR SERVANTS, AGENTS, E E ND CONTRA 0 S. 10) THE OWNER MUST NOTIFY PSE'S ELECTRIC FIRST RI -• QQWWEE(S AT 22577��77��7 LEAST 48 HOURS PRIOR TO 1115 COMMENCEMENT 0 j `ILL CONS U TION 1¢1�. 5 RELATED TO SUCH USES AND TO COORDINATE THE OF PRO SAW AROUND POWER POLES. 11) THE TERMS AND CONDITIONS HEREIN CONTAINED SHALL BE BINDING UPON THE PARTIES HERETO, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. DUNCANSON Company, Inc. CIVIL ENGINEERING • SURVEYING • LAND PLANNING 145 SW 155th Sim, Sn. 102. Snnnl W,,,hing,a, 64/66 Phan 12061244411 / Far 1206)2411155 DWN. BY LAC I DATE 08/31/2016 SHEET CHKD. BY JMB JOB NO. 10533 2 OF 4 0 G1 NORPOINT HEIGHTS A PORTION OF THE NW 1/4 OF THE NE 1/4 AND THE NE 1/4 OF THE NW 1/4 OF SEC 25, T 21 N, R 3 E, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON LEGAL DESCRIPTION • TITLE PER ORDER NO. 011 48 -5488 7 ISSUED BY STEWART TITLE GUARANTY COMPANY. DATED MARCH 22, 2016. THE WEST 447 FEET OF THE EAST 1562 FEET OF THE SOUTH 225 FEET OF THE NORTH 430 FEET OF GOVERNMENT LOT 1. SECTION 25. TOWNSHIP 21 NORTH, RANGE 3 EAST. W.M., IN KING COUNTY. WASHINGTON; TOGETHER WITH THE EAST 1 ACRE OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT A POINT ON THE NORTH LINE OF GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 21 NORTH, RANGE 3 EAST. W.M., IN KING COUNTY, WASHINGTON. WHICH IS 1115 FEET WEST OF THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE SOUTH 205 FEET ON A UNE PARALLEL WITH THE EAST UNE OF SAID GOVERNMENT LOT 1: THENCE WEST 447 FEET ON A LINE PARALLEL WITH THE NORTH LINE OF SAID GOVERNMENT LOT 1; THENCE SOUTH ON A LINE PARALLEL WITH THE EAST UNE OF SAID GOVERNMENT LOT 1 TO A LINE DIVIDING PIERCE AND KING COUNTIES. THENCE NORTHWESTERLY ALONG SAID COUNTY LINE TO INTERSECT A LINE RUNNING PARALLEL WITH AND 1592 FEET WEST OF THE EAST UNE OF SAID GOVERNMENT LOT 1; THENCE NORTH ALONG SAID PARALLEL LINE 290 FEET, MORE OR LESS TO THE NORTH LINE OF SAID GOVERNMENT LOT 1; THENCE EAST ALONG SAID NORTH LINE 477 FEET TO THE POINT OF BEGINNING. (ALSO KNOWN AS REVISED PARCEL B OF CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT 908- 100581- 00 -SU, RECORDED UNDER KING COUNTY RECORDING NO. 20080813900003). PROCEDURAL STATEMENT THE RELATIVE POSITION OF THE SURVEY MONUMENTS SHOWN ON THIS DRAWING ARE BASED ON A NETWORK RTK GPS OBSERVATION TRAVERSE AND A CLOSED LOOP FIELD TRAVERSE. AND ARE REPORTED TO A RELATIVE ACCURACY THAT MEETS OR EXCEEDS A TOLERANCE OF 1:20,000. CERTIFICATE OF CONFORMANCE THIS SURVEY WAS PERFORMED WITH A TOPCON 0S -3A AND LEICA TS12 ELECTRONIC THEODOLITE READING DIRECT TO 3 SECONDS OF ARC AND MEASURING DISTANCE ±(3+(2PPM X D)) MM. NGS BASELINE COMPARED NOVEMBER. 2015. THIS SURVEY MEETS THE MINIMUM STANDARDS SET FORTH IN WAC 332 -130. SURVEY REFERENCE CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT 908- 100581- 00 -SU, RECORDED UNDER KING COUNTY RECORDING NO. 20080813900003. 5' BSBL (TYP) LOT 12 EASEMENT DETAL SCALE: 1" - 10' 2 0' LOT 11 W F- U F- 0' UTILITY ' EASEMENT F0UN0 PATCH I 6/2.52' PK NAILS PER BLA IN8953J28 W 396.29' 244.19' 264.45' 9 Im Rim ; 4,.\ - 4.1255B95J28E � ,P. 234.45' S J 3y3R 10' UIBJIY EASEMENT i2f)' —•— LOT3 EASEMENT DETAL SCALE. 1" = 10' 2.0' zry LOT S895328E 60.00' 5' BSBL .5 ass- C-I I I 1 LOT 13 O� _F! 57.57' 10' UIRJTY I / EASEMENT 'I 47452'313 2.47' LAKEHAVEN WATER EASEMENT 360' 51703'08 "E 3.80' L =1487' R= 27.50' 20' BSBL _ 04039'7'IJ" S69'21'33E _L 3.00' 10 UTILITY A ?_ EASEMENT 58953'28 E 65 9943\� 161. 74' L- 46o1040 60.00' 58953'1 3 .3' 4.0' SW 353RD PLACE LAKEHAVEN EASEMENT DETAIL SCALE 1" - 20' CITY OF FEDERAL WAY FILE NO. 16- 102863 -00-SU VOUPG EASEMENTS # CORRESPONDS WITH ITEM NUMBER IN 'SCHEDULE B' OF TITLE REPORT. /5\ ELECTRIC TRANSMISSION LINE EASEMENT PER KING COUNTY RECORDING NO. 3139614 AND RE- ASSIGNED PER KING COUNTY RECORDING NO. 7603050539 AND 20031224000001 - SHOWN ELECTRIC TRANSMISSION LINE EASEMENT PER KING COUNTY RECORDING NO. 3145388 AND RE- ASSIGNED PER KING COUNTY RECORDING N0. 7603050539 AND 20031224000001 AND PARTIALLY RELEASED PER KING COUNTY RECORDING NO. 9110020906 - SHOWN Q POWER EASEMENT PER KING COUNTY RECORDING NO. 5973144, BEING A RE- RECORDING 7 OF INSTRUMENT PER KING COUNTY RECORDING NO. 5908784 - SHOWN TEMPORARY CONSTRUCTION EASEMENT FOR SEWER FACIUTIES PER KING COUNTY / B RECORDING NO. 20031014000175 - EASEMENT VOID UPON COMPLETION OF SEWER PROJECT, NOT SHOWN SEWER AND WATER FACILITIES EASEMENT PER KING COUNTY RECORDING NO. 20031014000176 - SHOWN 2 A TERMS AND CONDITIONS OF BOUNDARY LINE ADJUSTMENT PER KING COUNTY RECORDING NO. 20080813900003 - NOTHING TO SHOW A ACCESS AND UTILITY EASEMENT PER KING COUNTY RECORDING NO. 20100329001480 - SHOWN A CONSENT FOR USE OF PUGET SOUND ENERGY TRANSMISSION LINE RIGHT -OF -WAY AND THE TERMS AND CONDITIONS THEREOF PER KING COUNTY RECORDING NO. 20120216001309 - AFFECTS THE LOTS ADJACENT TO THE EASEMENT LISTED ABOVE UTIUTY SYSTEMS AND GAS EASEMENT PER KING COUNTY RECORDING NO. 20160317000582, BEING A RE- RECORDING OF INSTRUMENT PER KING COUNTY RECORDING NO. 20160128000815 - AFFECTS THE ROADS AND UTILITY EASEMENT PER THIS PLAT BASIS OF BEARING BEARINGS HELD PER REVISED PARCEL B OF CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT 908- 100581- 00 -SU, RECORDED UNDER KING COUNTY RECORDING NO. 20080813900003. ,1 FOUND MONUMENT PER BEAU TOl90' 765' 158.38 I cr, a , —I IOU � e N0058.171Y s,, 74.62' FOUND STONE W/"X PER 91A N893J28 -W 82.4J' ,- 274.10' N89'36'011.11' '.1 N89'36'01'8 1319.90' PARCEL B OF CITY OF FEDERAL WAY BOUNDARY 6646 ADJUSTMENT 108 - 100581 -00-SU FOUND MONUMENT PER BLA 29TH STREET NE 08809'38 *W 6)640' MONUMENT NOTE FOUND MONUMENTS SHOWN HEREON WERE FIELD LOCATED IN MAY, 2015 AND MAY. 2016. Ad • n 956.62' m GRAPHIC SCALE FOUND MONUMENT PER BLA 21ST AVENUE SW SCO z 1.� EXP 1T I„ PAGE __a_OF 121 N $ \ SW 356TH STREET 376.25' 517.65' 58955'54'W 489237556 DUNCANSON Company, Inc. CIVIL ENGINEERING • SURVEYING • LAND PLANNING 1435W 1354 Savo, So. 102. San1k WMMng/m 05166 Phone: 12061 244-4141 f¢ 0061 244.4455 OWN. BY LAC DATE 08/31/2016 SHEET CHKD. BY JMB JOB NO. 10533 I 3 OF 4 0 0) LOT TAA PAY0EL #5029451. NORPOINT HEIGHTS A PORTION OF THE NW 1/4 OF THE NE 1/4 AND THE NE 1/4 OF THE NW 1/4 OF SEC 25, T 21 N, R 3 E, W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON CURVE TABLE CURVE 1 LENGTH RADIUS DELTA C1 11.37' 151.00' 0418'55' C2 37.99' 151.00' 14'24'53" C3 49.36' 151.00' 18'43'49' C4 27.67' 125.00' 12'40'54" C5 3.84' 99.00' 0213'13" C6 46.65' 24.50' 109'05'18" C7 42.37' 53.50' 45'23'47" C8 60.14' 53.50' 64'22'43' C9 36.72' 53.50' 3919'17' C10 41.88' 53.50' 44'51'02" C17 26 73' 126.00' 12'09'12' C12 15.15' 126.00' 06'53'24" C13 20.02' 126.00' 09'06'15° C14 32.17' 126.00 14'37'46' C15 47.75' 126.00' 21'42'46" C16 3.94' 126.00' 01'47'24' C17 200.42' 53.50' 214'38'29" C18 157.95' 126.00' 71'49'27' C19 30.67' 82.00' 21'25'39' C20 44.13' 118.00' 21'25'39' C21 15.23' 118.00' 07'23'50' C22 28.90' 118.00' 14'01'49' C23 14.47' 20.00' 4126'48' C24 19.32' 53.50' 20'41'40' C25 12.19' 126.00' 05'32'39' COT 100 144 PARCEL 15029451000 'OT 99 LINE TABLE LINE # DISTANCE DIRECTION L1 55.65' N44'52'54 "W L2 23,81' N44'52•54 "W L3 39.61' N44'52'54 "W L4 31.84' N44'52'54 "W L5 14.42' N00'58'17 "W L6 30.90' N45'39'17'W L7 14.33' N89'53'28 "W L8 17.17' N89'53'28 "W L9 10.42' 589'53'28 "E L10 21.02' N23'23'38 "W L11 39 47' N42'42'13 "W L12 39.42' N42'42'13 "W L13 44.99' S89'36'01 "E L14 3.61' 974'20'17 "E L15 31.00' N69'32'38 "W L16 22.04' 563'36'41 "E L17 35.43' 520'27'22 "W L18 36.00' N89'01'43 "E L19 16.00' N89'01'43 "E L20 20.00' N89'01'43 "E L21 7.65' S8983'28 "E L22 20.01' S89'36'01'E L23 35.43' N20'27'22 "E TAX PARCEL /5029450990 PLAT OF HUMANE WOODS A\ \ 20' 841E77 AND SEWER EASEMENT F4; BOU,V DEDICATED TO CITY OF FEDERAL WAY PER DEED AFN DEDICATED TO CITY OF FEDERAL WAY PER DEED AM 58933781E 234.45 -11 I 60.00' -II x5757 • ILOT14_ It LOT 13 STORMWATER ti 5,007 s0 j 6118 SF II TRACT C �I gI g 9.493 SF I 2614 I ON SHEET T 3 I L27 2 WAC1 , CW 509084DO WLCACE 7 P4605 /1761549 0L1.iOo 50 GRAPHIC SCALE 0 25 50 00 VOL/PG 200 ( IN FEET ) I inch = 50 71 IS' WATER EASEMENT 5121741 70151106001470 FOUND T (' TRACT F 589'36'01 E { 90' 1.706 50 F - 957r Q TL2 ® 89.17' 102. T 10 LOT 1177- 8.351 SF 20.05®, = /V 2005Ea^, �L19 (20 R /142 535 �ue��_�-II . N w�_562 i1' I. 900Y- • ®5 EACII �' L- S89171431Y 3. S-8735' -/ EE DETAIL (� ON SHEET 3 z 5, FOUND 1/2' REBAR KIR1 CAP (LS 10708) - 57715 6(7.005179 5.'281' 167'7� 26' a 5693'378 "E 177776' �� G�0 i®SW 353RD PLACE p2',. ®K ( �. I 7 ,4. ,.9 LOT. LO8 SF ^ : 55,065 n 5,00254-1 R O�$ s��'• 19 _I 261318Ii®iI� X2555 �$Ig � 'l� `-53.00•'3 L _ N89'36'01 "W WATER EASEMENT J FOUND STONE W/ X' 0.7 DEEP 171Y OF TACOMA SURVEY MON. 187 REMOVED DURING CONSTRUCTION AND REPLACED W771 STANDARD MONUMENT LEGEND YP, LOT 12 9,120 SF ®= )I(® 8335' W v1� I CF� v1J' !75 ROAD DEDICATION 23.609 SF 15'(, USI 1 5895328E 170.78 f B ( - I09.OY 51.27 CI61Q C15 'frr E�D TAIL s. 1 SHEET TRACT 8 1,283 SF ,T00!:1 JA (4., P4P.4/ 063509044(04 ),:011 L8I1 L5092.-1 N89'53'28'W 82.43' • SET 85 REBAR AND CAP. L.S. 941277 SET LEAD & TACK W /WASHER, L.S. 141277 IN CURB AT OFFSET TO FRONT CORNER 61 SET MONUMENT IN CASE, THIS SURVEY DIMENSION FROM FRONT CORNER TO SET OFFSET LEAD & TACK W /WASHER IN CURB (M) DATA PER FIELD MEASUREMENT (C) DATA PER CALCULATION ACORRESPONDS WITH ITEM NUMBER IN % 'SCHEDULE 8' OF TITLE REPORT - SEE SHEET 3. 7.08' 10' PUBLIC UTILITY EASEMENT 10' PRIVATE WATER SERVICE EASEMENT 3' LAKEHAVEN PUBLIC WATER EASEMENT (WE) 20' LAKEHAVEN PUBLIC WATER EASEMENT (WE) 10' PRIVATE SANITARY SEWER EASEMENT (SSE) 36' LAKEHAVEN PUBLIC WATER EASEMENT (WE) & PUBLIC SANITARY SEWER EASEMENT (SSE) CITY OF FEDERAL WAY FILE NO. 16- 102863 -00 -SU MONUMENT NOTE FOUND MONUMENTS SHOWN HEREON WERE FIELD LOCATED IN MAY. 2015 & MAY, 2016. 15' KCRN 7011101400073 7086 46.99•-1 A LOT 9 1 7,200 SF Nab A LOT 8 0 ° 7,200 SF N89O1'43'E -� r-- 92.04'- LOT 7 h /14 \5.008SF ,, 20' 0.01 145 PARCEL 1252'039064 NORTH LINE OF PUYALLUP INDIAN RESERVATION 3 IMEI t /4 \ LOT 61 8772 SF 1 2547 4 LI LOT 7,867 SF o 12549I 8703' 274.10' TRACT D 2,694 SF / FOUND 1/2' REBAR W/ CAP 1 (HCC, LS 6422) N60'48'10E 0.34' AND FOUND 1/2' REBAR W/ CAP 1 (ILLEGIBLE) S6716'08E 0.43' 80771 REMOVED DURING CONSIRUC770N AND REPLACED WW1 REBAR & CAP, LS. 141277 LOT 50' PSE EASELBNTA /6\ 001 16 TRACTE 4,897 SF p Wto�1L,�'_1 LOT 15 TAX PARCEL 1 1176/500200 - I t) I j W Q ~ 50' PSF EASEMENT 1 � N /47 17 E PIR1 131 I PAGE. O 19 147 PARCEL 125221039060 LAKEHAVEN NOTE EASEMENTS DESIGNATED AS "LAKEHAVEN" ARE DESCRIBED IN NOTE ON SHEET 2. !�I DUNCANSON Company, Inc. CIVIL ENGINEERING • SURVEYING • LAND PLANNING (455 V1558 Su., Se. 702, Saw/ Washington 94106 Phone (206) 244-4141 Far (206) 244-4/55 DWN. BY LAC DATE CHKD. BY JMB 1JOB NO. 08/31/2016 1 SHEET 10533 4 OF 4 0 5) COUNCIL MEETING DATE: November 15, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5c SUBJECT: 21st Avenue S Sidewalk Improvement Project (S 320th Street to S 316th Street) - 100% Design Status Report and Authorization to Bid POLICY QUESTION: Should the Council authorize staff to proceed with the bidding of the 21st Avenue S Sidewalk Improvement Project (S 320th Street to S 316th Street) and return to the LUTC and Council for bid award, further reports and authorization. COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 7, 2016 CATEGORY: ® Consent ❑ City Council Business El Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen, P.E., Street Systems Project Engineer DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated November 7, 2016 Options Considered: 1. Authorize staff to bid 21st Avenue S Sidewalk Improvement Project (S 320th Street to S 316th Street) and return to the LUTC and Council for bid award, further reports and authorization. 2. Do not authorize staff to proceed with bidding the project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the Nov ber 15, 2016 Council Consent Agenda approval. MAYOR APPROVAL: CHIEF OF STAFF: Co ttee Initial /Da 9lri,vi C ittee I 4al/Date DIRECTOR APPROVAL: Council Initial/D Initial /Date COMMITTEE RECOMMENDATION: 1 move to forward Option 1 to the November 15, 2016 consent agenda for approval. Kelly, aloney, Chair is Assefa- Mark K ep. ang, Member / PROPOSED COUNCIL MOTION: "1 move to authorize staff to bid the 21st Avenue S Sidewalk Improvement Project (S 320th Street to S 316th Street) and return to the LUTC and Council for bid award, further reports and authorization." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION El MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 7, 2016 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 SUBJECT: 21st Ave S Sidewalk Improvement Project (S 320th Street to S 316th Street) — 100% Design Status Report and Authorization to Bid BACKGROUND: This project will install sidewalks on the west side of 21st Ave S from S 320th Street to S 316th 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 100% complete, which includes the following completed tasks: • Project Design to 100% • Utility Coordination • NEPA/SEPA Approval • Right of Way acquisition process preparation Ongoing Tasks Include: • Final Contract Specifications • Right of Way Finalization PROJECT ESTIMATED EXPENDITURES: Design $142,350 Right of Way $330,000* 2016 Construction Cost $720,000 10% Construction Contingency $72,000 Construction Management $103,525 TOTAL PROJECT COSTS $1,367,875 AVAILABLE FUNDING: Budgeted City Funds PSRC Grant (County Wide Non - Motorized — PE & ROW) PSRC Grant (County Wide Non - Motorized — CN) $205,000 $397,350 $765,525 TOTAL AVAILABLE BUDGET $1,367,875 *The City has possession and use for the one strip take acquisition required for this project. Final cost of acquisition has not been finalized at this time. Additional funding may be required if the final condemnation price is higher than the appraised value. cc: Project File Day File COUNCIL MEETING DATE: November 15, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5d SUBJECT: Marine Hills Stormwater Conveyance System Repair Phase II — 85% Design Status Report and Authorization to Bid POLICY QUESTION: Should City Council authorize staff to bid Marine Hills Stormwater Conveyance System Repair - Phase II project and return to LUTC and Council for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Nov. 7, 2016 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Fei Tang, P.E. SWM Project Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated November 7, 2016 Options Considered: 1. Authorize staff to bid Marine Hills Stormwater Conveyance System Repair Phase II project and return to LUTC and Council for award the project to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid Marine Hills Stormwater Conveyance System Repair Phase 11 project and provide direction to staff. MAYOR'S RECOMMENDATION: The mayor recommends forwarding option 1 to the November 15, 2016 City Council consent agenda for approval. MAYOR APPROVAL: CHIEF OF STAFF: DIRECTOR APPROVAL: tee Initial/Date Coun Initia ate !natal/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 15, 2016 City Council consent agenda for approval. Maloney, Chair 41:1 11 L a Assefa -D•0 son, Member Mark Koppang, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to bid Marine Hills Stormwater Conveyance System Repair Phase II project and return to LUTC and Council for award the project to the lowest responsive, responsible bidder " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 7, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor Salloum, P.E., Public Works Director FROM: Fei Tang, P.E., SWM Project Engineer % i SUBJECT: Marine Hills Stormwater Conveyance System Repair Phase 11- 85% Design Status Report and Authorization to Bid. BACKGROUND: This project will repair deteriorated stormwater pipes and structures in the Marine Hills subdivision using a cured in place pipe (CIPP) repair system. As a large percentage of deterioriated pipe has retained its original circumference with aligned contiguous joints, staff determined that this non- invasive method of repair would provide needed structural repairs without reducing current capacity while avoiding costly open trench repairs. This project was split into two phases. Phase I is to repair some of the identified locations where open cut replacement on some sections of the pipe is necessary, and Phase II will be the installation of the CIPP. Phase I of the project was completed in the summer of 2016. The following provides a brief synopsis of the progress on this project to date. The project design is approximately 85% complete, which includes the following completed tasks: • Video inspection to identify and map deteriorated pipes and structures • Economic and structural analysis for two different repair methods: open cut replacement or cured -in- place -pipe (CIPP) repair • Pipe survey • Pipe hydraulic capacity analysis • Project design Plan, Specifications and Cost Estimate (PS &E) - 85% Ongoing Tasks Include: • Contract PS &E to 100 %. PROJECT ESTIMATED EXPENDITURES: In house Design $24,000 Consultant Assistance Services $19,600 2017 Construction Cost Phase II $1,785,280 10% Construction Contingency $178,528 In house Construction Management $24,000 TOTAL PROJECT COSTS $2,031,408 November 7, 2016 Land Use and Transportation Committee Marine Hills Stormwater Conveyance System Repair Phase II Project - 85% Design Status Report Page 2 AVAILABLE FUNDING: Budgeted City Funds Phase II KCFCD Opportunity Fund KC FCD Flood Reduction Grant 2016/2017 TOTAL AVAILABLE BUDGET cc: Project File Day File $1,359,805 $350,195 $400,000 $2,110,000 COUNCIL MEETING DATE: November 15, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: Authorization to Accept the King County Flood Control District Flood Reduction Grant POLICY QUESTION: Should City of Federal Way accept the King County Flood Control District Flood Reduction Grant award? COMMITTEE: Land Use & Transportation Committee MEETING DATE: Nov. 7, 2016 CATEGORY: Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Fei Tang, P.E. SWM Project Engineer 1 Attachments: Land Use and Transportation Committee memorandum dated November 7, 2016. Options Considered: 1. Authorize staff to proceed with acceptance of the King County Flood Control District Flood Reduction Grant award. 2. Do not authorize staff to proceed with acceptance of the King County Flood Control District Flood Reduction Grant award and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the November 15, 2016 City Council Consent Agenda for approval. DEPT: Public Works MAYOR APPROVAL: CHIEF OF STAFF: IRECTOR APPROVAL: v��h- Ia`14�I6 Initial COMMITTEE RECOMMENDATI: N: I move to forward option 1 to the November 15, 2016 consent agenda for approval. V Y LA-L Kell Maloney, Chair .I L dia Assefa- ws n, Member i Mark K, :rang, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with acceptance of the King County Flood Control District Flood Reduction Grant award." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED - 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 7, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor Marwan Salloum, P.E., Public Works Director FROM: Fei Tang, P.E., SWMProject Engineer SUBJECT: Authorization to Accept the King County Flood Control District Flood Reduction Grant BACKGROUND: In May 2016 Council authorized Staff to proceed with the application for the King County Flood Control District Flood Reduction Grant in the amount of $400,000. The requested project for this fund is the Marine Hills Conveyance System Repair with construction scheduled in 2017. Staff has received notification that the proposed project has been approved and may proceed with requests for reimbursement for costs incurred associated with subject project. cc: Project File Day File COUNCIL MEETING DATE: November 15, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5f SUBJECT: Marine Hills Stormwater Conveyance System Repair Phase I — Project Acceptance POLICY QUESTION: Should the City Council accept the Marine Hills Stormwater Conveyance System Repair Phase I Project constructed by Northwest Cascade, Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 7, 2016 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution Public Hearing Other STAFF REPORT BY: Fei Tang, P.E., SWM Project Engineer Attachments: Land Use and Transportation Committee memorandum dated November 7, 2016. Options Considered: 1. Authorize final acceptance of the Marine Hills Stormwater Conveyance System Repair Phase I Project constructed by Northwest Cascade, Inc in the amount of $195,544.17 as complete. 2. Do not authorize final acceptance of the completed Marine Hills Stormwater Conveyance System Repair Phase I Project constructed by Northwest Cascade, Inc as complete and provide direction to staff. DEPT: Public Works MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the November 15, 2016 City Council Consent Agenda for approval. MAYOR APPROVAL: CHIEF OF STAFF: DIRECTOR APPROVAL: \ 101141iCe Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 15, 2016 City Council consent agenda for approval. Ky Maloney, Chair PROPOSED COUNCIL MOTION: "1 move to Conveyance System Repair Phase 1 Project $195,544.17 as complete." a Assefa -D on, Member Mark o pang, Member authorize final acceptance of the Marine Hills Stormwater constructed by Northwest Cascade, Inc., in the amount of (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 7, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director Fei Tang, P.E., SWM Project Engineer fir SUBJECT: Marine Hills Stormwater Conveyance System Repair Phase I— Project Acceptance BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The Marine Hills Stormwater Conveyance System Repair Phase I Project constructed by Northwest Cascade, Inc. is complete. The final construction contract amount is $195,544.17. This is $17,030.83 below the $212,575.00 (including contingency) budget that was approved by the City Council on June 6, 2016. cc: Project File Day File COUNCIL MEETING DATE: November 15, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5g SUBJECT: NEW STREET LIGHTING PRIORITIZATION CRITERIA POLICY QUESTION: Should the Council adopt prioritization criteria for the installation of new street lighting? COMMITTEE: Land Use / Transportation MEETING DATE: Nov 7, 2016 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer DEPT: Public Works AttachmentsiMemorandu to Lard Use / Transp rtptign Commit ee dated November 7, 2016. aem rot w► iv orgilI cf itt1 larc 31r 'I,'Options Considered: y Nte,m;vic,mI,,,y� ,k, LiuW1ACA A NOJCM, cif W, 2ot;• 1. Approve the proposed prioritization criteria. 2. Do not approve the proposed prioritization criteria and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the November 15, 2016 City Council Consent Agenda for approval. MAYOR APPROVAL: 0 CHIEF OF STAFF: DIRECTOR APPROVAL: /Council/ Initial /Date „61,-, Counci Initial / COMMITTEE RECOMMEND : TION: I move to forward Option 1 to the November 15, 2016 consent agenda for approval. 1 -a- __' A_;tc Kelly Mal eyotl , Chair Lyd' . Assefa -D s. Member PROPOSED COUNCIL MOTION: "I move approval o the proposed criteria for the prioritization of the installation of new street lighting." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 K:\COUNCIL\AGDBILLS\2016\11-15-16 New Street Lighting Prioritization Criteria.doc COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 10, 2016 TO: City Council VIA: Jim Ferrell, Mayor FROM: Marwan Salloum P.E., Public Works Director Rick Perez P.E., City Traffic Engineer SUBJECT: New Street Light Prioritization Criteria Revisions, second draft BACKGROUND At the Land Use and Transportation Committee meeting on November 7, 2016, the Committee requested staff to modify the scoring criteria in Attachment A to include school bus boardings and alightings, and to provide a minimum score for any bus stop. To address these comments, Attachment A has been updated with underline and strikethrough to reflect the proposed changes. They are: 1. Broaden the language in the Bus Stop Usage criterion to explicitly include school bus stops. 2. Provide a minimum of 5 points for any bus stop, and aggregate the number of boardings and alightings in increments of 20 riders instead of 10 riders per additional point. Subsequent comments from Councilmembers have led to the additional revisions: 1. Instead of combining school bus and transit boardings and alightings, restrict the boardings and alightings to transit usage, leaving the compressed scale of 5 to 10 points for any transit stop. 2. Add a separate category, granting 10 points for any school bus stop. This would increase the maximum points possible to 85 points. These revisions are shown on the attachment with double strikethrough and double underline. ATTACHMENT A NEW STREET LIGHT PRIORITIZATION CRITERIA NOTE: Underscore and stfikethfeugli show revisions made in response to LUTC comments. Collision history: Based on the raw number of collisions occurring during hours of darkness over the last 5 years Collisions Points >9 10 9 9 8 8 7 7 6 6 5 5 4 4 3 3 2 2 1 1 0 0 Supportive land uses: Based on the "heat index" from the Bicycle and Pedestrian Master Plan (see Figure 1), which characterizes the propensity for the land use mix to generate non - motorized trips based on density of residences and employment, proximity to retail uses, vehicle ownership, household incomes, etc. Bike and Peck Plan Heat Index Points >28 10 24 -28 9 20 -24 8 16 -20 7 12 -16 6 10 -12 5 8 -10 4 6 -8 3 4 -6 2 <4 1 Bus stop usage: Total daily boardings and alightings in bus zones and=gokoo4=1 on the subject street segment. Daily Transit Boardings and Alightings Points >100 10 80 99 -100 9 60 -80 80-98 8 40 70 80 7 -60 20 -40 60-70 6 <20 50-60 5 /10 50 4 30-40 3 20 30 2 1 0-20 1- No stop <10 0 School Bus Stop: 10 points Speed limit: Posted speed limit, exclusive of school zones Speed Limit Points 50 10 45 8 40 6 35 4 30 2 >30 0 Power source location: Power Source Location Points Overhead 10 Extends existing underground system 5 Underground 0 Roadway classification: Functional classification from the Comprehensive Plan Roadway Classification Points Principal Arterial 5 Minor Arterial 4 Principal Collector 3 Minor Collector 2 Local Access 1 Crosswalk treatments: Crosswalk Treatments Points School crossing, no enhancements 5 Marked crosswalk, no enhancements 4 Unmarked crosswalk, school safe walking route 3 Unmarked crosswalk 2 School crossing, enhanced 1 Marked crosswalk, enhanced 0 Roadway alignment: Alignment Points Advisory speed >15 mph below speed limit 5 Advisory speed 15 mph below speed limit 4 Advisory speed 10 mph below speed limit 3 Advisory speed 5 mph below speed limit 2 Horizontal or vertical curve with no advisory speed 1 Horizontal and vertical tangent 0 Traffic volumes: Average Daily Traffic Average Daily Traffic Points >35,000 5 25,000- 35,000 4 15,000- 25,000 3 5,000- 15,000 2 1,000 -5,000 1 <1000 0 Sidewalks: Average score for street segment considering both sides of the street Sidewalks Points No sidewalk or shoulder 5 Gravel shoulder 4 Paved shoulder <4 ft 3 Paved shoulder 4 -8 ft 2 Paved shoulder >8 or sidewalk with <4 ft planter 1 Sidewalk with planter strip 4+ ft 0 FIGURE 1- HEAT INDEX MAP CITY OF FEDERAL WAY MEMORANDUM DATE: November 7, 2016 TO: City Council VIA: Jim Ferrell, Mayor FROM: Marwan Sailoum P.E., Public Works Director Rick Perez P.E., City Traffic Engineer SUBJECT: New Street Light Prioritization Criteria Revisions BACKGROUND At the Land Use and Transportation Committee meeting on November 7, 2016, the Committee requested staff to modify the scoring criteria in Attachment A to include school bus boardings and alightings, and to provide a minimum score for any bus stop. To address these comments, Attachment A has been updated with underline and strikethrough to reflect the proposed changes. They are: 1. Broaden the language in the Bus Stop Usage criterion to explicitly include school bus stops. 2. Provide a minimum of 5 points for any bus stop, and aggregate the number of boardings and alightings in increments of 20 riders instead of 10 riders per additional point. ATTACHMENT A NEW STREET LIGHT PRIORITIZATION CRITERIA NOTE: Underscore and strilEethr-eugh show revisions made in response to LUTC comments. Collision history: Based on the raw number of collisions occurring during hours of darkness over the last 5 years >9 10 9 9 8 8 7 7 6 6 5 5 4 4 3 3 2 2 1 1 0 0 Supportive land uses: Based on the "heat index" from the Bicycle and Pedestrian Master Plan (see Figure 1), which characterizes the propensity for the land use mix to generate non - motorized trips based on density of residences and employment, proximity to retail uses, vehicle ownership, household incomes, etc. Peel Plan Heat . >28 10 24 -28 9 20 -24 8 16 -20 7 12 -16 6 10 -12 5 8 -10 4 6 -8 3 4 -6 2 <4 1 Bus stop usage: Total daily boardings and alightings in bus zones and school bus stops on the subject street seument. Daily Transit Boardings and Alightings Points >100 10 80 90 -100 9 60 -80 80-90 8 40 -60 7040 7 20 -40 60-70 6 <20 50-60 5 4040 4 30-40 3 20-30 2 10 20 -1- No stop 4-10 0 Speed limit: Posted speed limit, exclusive of school zones Speed Limit Points 50 10 45 8 40 6 35 4 30 2 >30 0 Power source location: Power Source Location Points Overhead 10 Extends existing underground system 5 Underground 0 Roadway classification: Functional classification from the Comprehensive Plan Roadway Classification Points Principal Arterial 5 Minor Arterial 4 Principal Collector 3 Minor Collector 2 Local Access 1 Crosswalk treatments: Crosswalk Treatments Points School crossing, no enhancements 5 Marked crosswalk, no enhancements 4 Unmarked crosswalk, school safe walking route 3 Unmarked crosswalk 2 School crossing, enhanced 1 Marked crosswalk, enhanced 0 Roadway alignment: Alignment Points Advisory speed >15 mph below speed limit 5 Advisory speed 15 mph below speed limit 4 Advisory speed 10 mph below speed limit 3 Advisory speed 5 mph below speed limit 2 Horizontal or vertical curve with no advisory speed 1 Horizontal and vertical tangent 0 Traffic volumes: Average Daily Traffic Average Daily Traffic Points >35,000 5 25,000- 35,000 4 15,000- 25,000 3 5,000- 15,000 2 1,000 -5,000 1 <1000 0 Sidewalks: Average score for street segment considerine both sides of the street Sidewalks ] Points No sidewalk or shoulder 5 Gravel shoulder 4 Paved shoulder <4 ft 3 Paved shoulder 4 -8 ft 2 Paved shoulder >8 or sidewalk with <4 ft planter 1 Sidewalk with planter strip 4+ ft 0 FIGURE 1- HEAT INDEX MAP CITY OF FEDERAL WAY MEMORANDUM DATE: November 7, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum P.E., Public Works Director Rick Perez P.E., City Traffic Engineer SUBJECT: New Street Light Prioritization Criteria BACKGROUND On, 2016, City Council directed staff to develop a plan and prioritization to provide street lighting on all City streets in order to inform the budget process in considering a new program. Based on our current inventory of 250 centerline miles of street and average street light spacing of 150 feet, it would take roughly 7500 street lights to fully light all streets. We currently have roughly 4500 street lights, thus needing another 3000 to meet this goal. Conservatively estimating half of the new street lights would be in areas where utilities are undergrounded at $11,000 each, and existing poles can be utilized for street light installation where utilities are overhead at $1000 each, the total cost would be $18 million. Thus, regardless of how aggressively the City Council wished to fund this program, prioritization will be necessary to implement a program of new street light installation. In recognition of the need for prioritization, staff has prepared the following draft criteria: • Collision history in hours of darkness 10 points • Supportive land uses 10 points • Bus stop usage 10 points • Speed limit 10 points • Power source location 10 points • Roadway classification 5 points • Crosswalk treatments 5 points • Roadway alignment 5 points • Traffic volumes 5 points • Sidewalks 5 points 75 points maximum A more detailed explanation of the scoring structure is provided in Attachment A. A common rationale for street lighting requests is to reduce crime, so it may appear surprising that crime rates are not included in these criteria. Studies have shown both a positive and negative correlation between street lighting and crime rates — in other words, street lights are as likely to increase crime as they are to reduce crime. Therefore, staff has not included crime rates as a criterion. ATTACHMENT A NEW STREET LIGHT PRIORITIZATION CRITERIA Collision history: Based on the raw number of collisions occurring during hours of darkness over the last 5 years Collisions J Potts" >9 10 9 9 8 8 7 7 6 6 5 5 4 4 3 3 2 2 1 1 0 0 Supportive land uses: Based on the "heat index" from the Bicycle and Pedestrian Master Plan (see Figure 1), which characterizes the propensity for the land use mix to generate non - motorized trips based on density of residences and employment, proximity to retail uses, vehicle ownership, household incomes, etc. Bus stop usage: Total daily boardings and alightings in bus zones on the subject street segment. Daily Transit Board' >100 10 90 -100 9 80 -90 8 70 -80 7 60 -70 6 50 -60 5 40 -50 4 30 -40 3 20-30 2 10 -20 1 <10 0 Speed limit: Posted speed limit, exclusive of school zones Power source location: Power Source Location t Points 50 10 45 8 40 6 35 4 30 2 >30 0 Power source location: Power Source Location t Points Overhead 10 Extends existing underground system 5 Underground 0 Roadway classification: Functional classification from the Comprehensive Plan Roadway Classification 1 Nnts Principal Arterial 5 Minor Arterial 4 Principal Collector 3 Minor Collector 2 Local Access 1 Crosswalk treatments: CnSsswac Treatments School crossing, no enhancements 5 Marked crosswalk, no enhancements 4 Unmarked crosswalk, school safe walking route 3 Unmarked crosswalk 2 School crossing, enhanced 1 Marked crosswalk, enhanced 0 Roadway alignment: Alignment ' Points _ Advisory speed >15 mph below speed limit 5 Advisory speed 15 mph below speed limit 4 Advisory speed 10 mph below speed limit 3 Advisory speed 5 mph below speed limit 2 Horizontal or vertical curve with no advisory speed 1 Horizontal and vertical tangent 0 Traffic volumes: Average Daily Traffic Average Da y Traffic Points >35,000 5 25,000- 35,000 4 15,000- 25,000 3 5,000 - 15,000 2 1,000 -5,000 1 <1000 0 Sidewalks: Average score for street segment considering both sides of the street a r. frY7•' u• ., s d �'��i4 9".' •E, No sidewalk or shoulder 5 Gravel shoulder 4 Paved shoulder <4 ft 3 Paved shoulder 4 -8 ft 2 Paved shoulder >8 or sidewalk with <4 ft planter 1 Sidewalk with planter strip 4+ ft 0 FIGURE 1- HEAT INDEX MAP COUNCIL MEETING DATE: 11/15/2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5h SUBJECT: 2017 STREET SWEEPING SERVICES CONTRACT — BID AWARD POLICY QUESTION: Should the City Council award the 2017 Street Sweeping Service Contract to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 7, 2016 CATEGORY: ® Consent n Ordinance ❑ City Council Business .. ❑ Resolution STAFF REPORT BY: DESIREE WINKLER, P. E., DEPUTY PUBLIC WORKS DIRECTOR ❑ Public Hearing ❑ Other DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated November 7, 2016 Options Considered: 1. Award the 2017 Street Sweeping Services Contract to Action Services Corporation, the lowest responsive, responsible bidder, in the amount of $114,877.61 and authorize the Mayor to execute the contract. 2. Reject all bids for the 2017 Street Sweeping Services Contract and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the November 15, 2016 consent agenda for approval. MAYOR APPROVAL: Initial /Date CHIEF OF STAFF: liivb 4S Corn [nit Council Initial /Date DIRECTOR APPROVAL: COMMITTEE RECOMMEND ION: I move to forward Option 1 to the November 15, 2016 consent agenda for approval. _/att KeI aloney, Chair '1Di Ly% Assefa -Da on, ember Mark KeI'plSang, Member PROPOSED COUNCIL MOTION: "1 move to authorize staff to award the 2017 Street Sweeping Services Contract to Action Services Corporation, the lowest responsive, responsible bidder, in the amount of $114,877.61 and authorize the Mayor to execute the contract." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 7, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor Marwan Salloum, P.E., Public Works Director U1esiree Winkler, P. E., Deputy Public Works Director / Street Systems Manger SUBJECT: 2017 Street Sweeping Services — Bid Award FROM: BACKGROUND: Three bids were received and opened on October 20, 2016 for the 2017 Street Sweeping Services Contract. The total bids for this contract are as follows: Company Bid Amount Action Services Corp. $114,877.61 McDonough & Sons, Inc. $119,898.75 Best Parking Lot Cleaning, Inc. $120,483.66 Available 2017 Budget Amount 5120,105.00 The lowest responsive, responsible bidder is Action Services Corporation with a total bid of $114,877.61. The amount available in the 2017 budget for this contract is $120,105.00. COUNCIL MEETING DATE: 11/15/2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2017 RIGHT OF WAY LANDSCAPE MAINTENANCE CONTRACT - BID AWARD POLICY QUESTION: Should the City Council award the 2017 Right of Way Landscape Maintenance Contract to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 7, 2016 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance n Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY:IdESIREE WINKLER, P. E., DEPUTY PUBLIC WORKS DIRECTOR DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated November 7, 2016 Options Considered: 1. Award the 2017 Right of Way Landscape Maintenance Contract to SMS — Superior Maintenance Solutions, LLC, the lowest responsive, responsible bidder, in the amount of $152,269.08 and authorize the Mayor to execute the contract. 2. Reject all bids for the 2017 Right of Way Landscape Maintenance Contract and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the November 15, 2016 consent agenda for approval. MAYOR APPROVAL: CHIEF OF STAFF: • Committee • Cotrncil Initial /Date Initial/Date �Y�►^ 1'41 Committee Initial /Date Initial/ 4 J .! Counjf ' r /fate DIRECTOR APPROVAL: 1.12.-ffi4 InitiaL'Date COMMITTEE RECOMMENDATION: I1 move to forward Option 1 to the November 15, 2016 consent agenda for approval. /-eta htach Kelly Maloney, Chai Ly Assefa -Daws n, `ember -I Mark .:pang, Mem. r PROPOSED COUNCIL MOTION: "I move to authorize staff to award the 2017 Right of Way Landscape Maintenance Contract to SMS — Superior Maintenance Solutions, LLC, the lowest responsive, responsible bidder, in the amount of $152,269.08 and authorize the Mayor to execute the contract." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED /NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED- 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 7, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, P.E., Public Works Director Desiree Winkler, P. E., Deputy Public Works Director / Street Systems Manger SUBJECT: 2017 Right of Way Landscape Maintenance Contract — Bid Award BACKGROUND: Two bids were received and opened on October 20, 2016 for the 2017 Right of Way Landscape Maintenance Contract. The total bids for this contract are as follows: Company Bid Amount SMS — Superior Maintenance Solutions, LLC $152,269.08 Avalon Contracting, Inc. $536,766.00 Available 2017 Budget Amount $283,342.00 The lowest responsive, responsible bidder is SMS — Superior Maintenance Solutions, LLC with a total bid of $152,269.08. The amount available in the 2017 budget for this contract is $283,342.00. Public Works staff conducted a review of the SMS — Superior Maintenance Solutions, LLC to confirm their ability to fulfill the contract requirements. We spoke with two local jurisdiction references who stated that they have been satisfied with their level of service. In addition, we met with company representatives to review specific contract requirements and they are confident they will be able to perform the work to our satisfaction. COUNCIL MEETING DATE: November 15, 2016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5 • SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) TARGET ZERO TEAM (TZT) INTERAGENCY FUNDING AGREEMENT 2016 -2017. POLICY QUESTION: Should the City of Federal Way accept $24,400.00 in funds from the WTSC to conduct high visibility enforcement traffic safety emphasis patrols in support of TZT objectives? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Nov. 8, 2016 SAFETY COUNCIL COMMITTEE (PRHS &PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: LIEUTENANT KURT SCHWAN Attachments: 1. PRHS & PS Memo Options Considered: 1. Accept Proposal 2. Reject Proposal DEPT: Police MAYOR'S RECOMMENDATION: #1 Accept the $24,400.00 in funds from WTSC to conduct traffic safety emphasis patrols. MAYOR APPROVAL: 2/4 CHIEF OF STAFF: VRECTOR APPROVAL: ommittee 00y COMMITTEE RECOMMEN i ATION: "I move to forward the proposal to accept funding in the amount of $24,400 from the Washington Traffic Safety Commission for traffic safety emphasis patrols, to the November 15, 2016, City Council Consent Agenda." ittee Chair PROPOSED COUNCIL MOTION: "I move approval of the request to accept funding in the amount of $24, 400.00 from the Washington Traffic Safety Commission for traffic safety emphasis patrols and authorize the Chief of Police to sign such agreement." Comm itt • e Member (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: November 8, 2016 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Washington Traffic Safety Commission (WTSC) Target Zero Team (TZT) Interagency Funding Agreement 2016 -2017. Background The Federal Way Police Department is an active member of the regional WTSC TZT enforcement emphasis. The FWPD utilizes funds provided by the WTSC to conduct enforcement mobilizations throughout the year. These mobilizations include Holiday DUI patrols, U text U drive U pay patrols, Click it or Ticket patrols, Cell Phone patrols, and Summer DUI patrols. For the past several years, FWPD has been and continues to be a statistical leader for these sponsored enforcement activities in south King County. With the implementation of the `Nick and Derek DUI and Distracted Driving Enforcement Project' the City of Federal Way continues to lead by example. Acknowledging the threat to our community when people drive while intoxicated or distracted, the city funded this program over and above the funding received from the WTSC in order to make our streets safer. Proposal The WTSC has recognized the efforts of Federal Way Police Department to be a leader in traffic safety for south King County and wishes to provide $24,400.00 in funding to conduct high visibility enforcement traffic safety emphasis patrol for the 2016 -2017 state fiscal year. These patrols would include impaired driving enforcement, distracted driving enforcement, seat belt enforcement, speed enforcement, and motorcycle enforcement patrols. I propose we accept the funding from the WTSC and continue to lead by example as it relates to traffic safety in South King County and the City of Federal Way. 1 INTERAGENCY AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND WASHINGTON TRAFFIC SAFETY COMMISSION THIS AGREEMENT is made and entered into by and between the Federal Way Police Department, hereinafter referred to as "AGENCY," and the Washington Traffic Safety Commission, hereinafter referred to as "WTSC." THE PURPOSE OF THIS AGREEMENT is to provide funding for the AGENCY to conduct multijurisdictional, high visibility enforcement (HVE) traffic safety emphasis patrols (as outlined in Exhibit A), in support of Target Zero priorities. The Target Zero Manager (TZM) and /or Law Enforcement Liaison (LEL) assigned to the AGENCY shall coordinate the Scope of Work as outlined below with the goal of reducing traffic related deaths and serious injuries. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The AGENCY shall conduct specific HVE patrols as described in the Statement of Work attached as Exhibit A and as coordinated by the local TZM and /or LEL. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence on October 1, 2016 and remain in effect until September 30, 2017 unless terminated sooner, as provided herein. COMPENSATION AND CONDITIONS Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the Statement of Work will not exceed $24,400.00. Funds break down into the following enforcement overtime categories: Statewide Impaired Driving Patrols: $6,000.00 Grant Award # Section 402 Statewide Distracted Driving Patrols: $2,000.00 Grant Award # Section 402 Statewide Seat Belt Patrols: $1,400.00 Grant Award # Section 402 Flex Funding: $5,000.00 (Local DUI, Speed, Distracted, and Seat Belt Patrols) Grant Award # Section 402 Motorcycle Safety: $5,000.00 Grant Award # Section 402 Target Zero Teams (DUI): $5,000.00 Grant Award # MAP -21 Section 405d 1 These funds shall not be commingled and are only to be utilized for the specified emphasis area. See Exhibit C for detailed federal award information. PARTICIPATION REQUIREMENTS AND CONDITIONS: For each of the emphasis patrols listed above, Multijurisdictional High Visibility Enforcement Protocols, as outlined in Exhibit B of this document, will be followed. Exceptions to these protocols may only be provided by the WTSC Program Manager. Standardized Field Sobriety Testing (SFST) Training Requirement The AGENCY certifies that all officers participating in traffic safety emphasis patrols are SFST trained. To meet this requirement: • Officer must be BAC certified and have passed the SFST refresher training within the prior three years, or • Officer must have successfully completed Advanced Roadside Impaired Driving Enforcement (ARIDE), or • Officer must be a certified Drug Recognition Expert. SHIFT LENGTH: The AGENCY will not schedule individual officer overtime shifts for longer than eight hours. WTSC understands there may be instances when more than eight hours are billed because of DUI processing, etc. RESERVE OFFICERS: The AGENCY certifies that any reserve officer for whom reimbursement is claimed has exceeded his /her normal monthly working hours when participating in this emphasis patrol and is authorized to be paid the amount requested. Reserve officers may only be paid at the normal hourly rate and not at the 1.5 overtime rate. DISPATCH: WTSC will reimburse communications officers /dispatch personnel for work on this project providing Agency has received prior approval from the designated TZM. ALLOWABLE COSTS: The AGENCY will provide commissioned law enforcement with appropriate equipment (vehicle, radar, PBTs etc.) to participate in the emphasis patrols. WTSC will reimburse for overtime at 1.5 times officer's normal rate plus AGENCY's contributions to employee benefits including FICA, Medicare, Worker's Compensation and unemployment. The total cost of salary and benefits shall not be exceeded in any one enforcement overtime category and funds may not be commingled between campaign areas. PERFORMANCE STANDARDS Participating law enforcement officers are required to make a minimum of 3 self- initiated contacts per hour of enforcement. Some violator contacts may result in related, time - consuming activity. This activity is reimbursable. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 2 BILLING PROCEDURE The AGENCY shall submit invoices for reimbursement with supporting documentation to WTSC monthly. All invoices for reimbursement shall be submitted via WTSC's Enterprise Management System (WEMS), and associated with approved HVE logs. Payment to the AGENCY for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, must be submitted in WEMS no later than July 31. All invoices for goods or services performed on or prior to September 30, must be received by WTSC no later than November 15. OVERTIME REPORTING The AGENCY agrees to have all personnel who work HVE patrols complete officer Emphasis Patrol Activity Logs in WEMS within 48 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed above. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this contract shall be made by the WTSC. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Upon agreement by the AGENCY and the local TZM, allocation categories may be increased or decreased without amending this agreement PROVIDED THAT the increase in the allocation does not exceed 50% of the original agreed amount for the specific category. Any increase in allocation exceeding 50% will require an amendment to this document. STATE AND FEDERAL TERMS AND CONDITIONS ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the party, which consent shall not be unreasonably withheld. The AGENCY shall provide the WTSC a copy of all third -party contracts and agreements entered into for purposes of fulfilling the Statement of Work outlined in Exhibit A. All third -party awards must allow for the greatest practical competition in accordance with applicable procurement rules and procedures. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. 3 BUY AMERICA ACT The AGENCY will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non - domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. CONFIDENTIALITY / SAFEGUARDING OF INFORMATION The AGENCY shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of the WTSC, or as may be required by law. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. The AGENCY shall not utilize Federal grant funds to replace routine and /or existing State or local expenditures; or utilize Federal grant funds for costs of activities that constitute general expenses required to carry out the overall responsibilities of State, local, or Federally - recognized Indian tribal governments. COVENANT AGAINST CONTINGENT FEES The AGENCY warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the AGENCY for the purpose of securing business. The WTSC shall have the right, in the event of breach of this clause by the AGENCY, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 1. By signing and submitting this proposal, the AGENCY (hereinafter in this section referred to as "prospective lower tier participant ") is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non - procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 5 DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. DRUG -FREE WORKPLACE In accordance with the Drug -Free Workplace Act of 1988 (41 USC 8103 and 42 USC 12644), the AGENCY shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and shall specify the actions that will be taken against employees for violation of such provision. The AGENCY shall establish a drug -free awareness program and require that employees provide notification of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such incident. The AGENCY shall notify WTSC within ten days after such notification by an employee engaged in the performance of the grant. Within 30 days, the AGENCY will take appropriate personnel action against such employee, up to and including termination, and require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law enforcement, or other appropriate agency. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT ( FFATA) In accordance with FFATA, the AGENCY shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity if: (i) the entity in the preceding fiscal year received- 1. 80 percent or more of its annual gross revenues in Federal awards; II. $25,000,000 or more in annual gross revenues from Federal awards; and (ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986; FEDERAL LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 6 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Terms and Conditions of this agreement; c. Any Amendment executed under this Contract; d. Any Statement of Work executed under this Contract; and e. Any other provisions of the agreement, including materials incorporated by reference. INCOME Income earned by the AGENCY with respect to the conduct of the Statement of Work (e.g. sale of publications, registration fees, service charges) must be accounted for and income applied to project purposes or used to reduce project costs. INDEMNIFICATION To the fullest extent permitted by law, the AGENCY shall indemnify, defend, and hold harmless state, agencies of state and all officials, agents and employees of state, from and against all claims for injuries or death arising out of or resulting from the performance of the Contract. The AGENCY's obligation to indemnify, defend, and hold harmless includes any claim by the AGENCY's agents, employees, representatives, or any subAGENCY or its employees. The AGENCY expressly agrees to indemnify, defend, and hold harmless the state for any claim arising out of or incident to AGENCY's or any subAGENCY's performance or failure to perform the Contract. The AGENCY waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless state and its agencies, officials, agents or employees. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. LICENSING, ACCREDITATION AND REGISTRATION The AGENCY shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements /standards, necessary for the performance of this contract. 7 NONDISCRIMINATION The AGENCY will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); 2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685- 1686), which prohibits discrimination on the basis of sex; 3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101 -336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); 4. the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 - 6107), which prohibits discrimination on the basis of age; 5. The Civil Rights Restoration Act of 1987 (Pub. L.100 -259), which requires Federal -aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; 6. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 7. The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 8. Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd -3 and 290ee -3), relating to confidentiality of alcohol and drug abuse patient records; 9. Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; 10. Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 11. The requirements of any other nondiscrimination statute(s) which may apply to the application. In the event the CONTRACTOR is in non - compliance or refuses to comply with any nondiscrimination law, regulation, or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contracts with the WTSC. The CONTRACTOR shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. POLITICAL ACTIVITY (HATCH ACT) The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501 -1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years 8 after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHT OF INSPECTION The AGENCY shall provide right of access to its facilities to the WTSC, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and /or quality assurance under this contract. The AGENCY shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The AGENCY shall upon request make available to the WTS and the U.S. Secretary of the Department of Health & Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this contract. RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act and shall be owned by the WTSC and the State Of Washington. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the AGENCY hereby irrevocably assigns all right, title, and interest in data, including all intellectual property rights, to the WTSC effective from the moment of creation. Data shall include, but not be limited to data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and /or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The AGENCY may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by the National Highway Traffic Safety Administration (NHTSA) and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the WTSC may terminate the contract under the "Termination for Convenience" clause, without the ten day 9 notice requirement, subject to renegotiation at the WTSC's discretion under those new funding limitations and conditions. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots ") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NH T SA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. TAXES All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the AGENCY or its staff shall be the sole responsibility of the AGENCY. TERMINATION FOR CAUSE If the CONTRACTOR does not fulfill in a timely and proper manner its obligations under this contract, or violates any of these terms and conditions; the WTSC will give the CONTRACTOR written notice of such failure or violation, and may terminate this contract immediately. The CONTRACTOR may be given the opportunity to correct the violation or failure within 15 (FIFTEEN) days. If the CONTRACTROR is given the opportunity to correct the violation and the violation is not corrected within 15 (FIFTEEN) days, this contract may be terminated by written notice of the WTSC. TERMINATION FOR CONVENIENCE Either party may, by 30 (THIRTY) days written notice, terminate this contract. If this contract is so terminated, the WTSC shall be liable only for payment required under the terms of this contract for services rendered or goods delivered prior to the effective date of termination. TREATMENT OF ASSETS 1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the AGENCY, for the cost of which the AGENCY is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in the WTSC upon delivery of such property by the AGENCY. Title to other property, the cost of which is reimbursable to the AGENCY under this contract, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this contract, or (ii) 10 commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 2. Any property of the WTSC furnished to the AGENCY shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this contract. 3. The AGENCY shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the AGENCY or which results from the failure on the part of the AGENCY to maintain and administer that property in accordance with sound management practices. 4. If any WTSC property is lost, destroyed or damaged, the AGENCY shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 5. The AGENCY shall surrender to the WTSC all property of the AGENCY prior to settlement upon completion, termination or cancellation of this contract. 6. All reference to the AGENCY under this clause shall also include AGENCY 's employees, agents or SubAGENCIES. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. PRIMARY CONTACT The following named individuals will serve as designated contacts for each of the parties, for all communications and billings regarding the performance of this Agreement: The Primary Contact for the AGENCY is: The Contact for WTSC is: Name: Kurt Schwan Title: Lieutenant Mailing Address: 33325 8th Avenue South Federal Way, WA 98003 Phone: 253 - 835 -6875 Email: kurt .schwan @cityoffederalway.com Angie Ward Program Manager PO BOX 40944 Olympia, WA 98504 — 0944 360- 725 -9888 award©wtsc.wa.gov IN WITNESS WHEREOF, the parties have executed this Agreement. FEDERAL WAY POLICE DEPT. Signature Andy Hwang Printed Name WA TRAFFIC SAFETY COMMISSION Signature Printed Name Chief of Police / %4,'/ Title Date Title Date 11 Please return this signed Agreement to your Target Zero Manager: John Pagel Kent Police Department 220 4th Avenue South Kent, WA 98032 Target Zero Manager will forward this signed document to: WTSC 621 — 8th Avenue SW, Suite 409 PO Box 40944 Olympia, WA 98504 -0944 12 Exhibit A STATEMENT OF WORK 1. GOAL: To reduce traffic related deaths and serious injuries through aggressive impaired driving, occupant protection, speeding and distracted driving multijurisdictional HVE patrols. 2. SCOPE OF WORK : The specific dates for individual campaigns are subject to change. Impaired Driving: Agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the following dates: Holiday DUI Patrols; December 15, 2016 — January 1, 2017 Drive Sober or Get Pulled Over Labor Day DUI Crackdown; August 18 — September 4, 2017. These DUI patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Whenever possible statewide mobilization patrols shall begin after 4:00 p.m. and will occur Friday- Sunday. Law enforcement officers will complete an Emphasis Patrol Activity Log in WEMS within 48 hours of the completion of the patrols. Seat Belts: Agency will engage in multijurisdictional HVE seat belt- focused patrols on some or all of the following dates as part of the national effort: Click it or Ticket - May 22 - June 4, 2017 These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Whenever possible these patrols shall occur in areas with the lowest seat belt use. Ideally, these patrols will not begin before 4:00 pm. Law enforcement officers will complete an Emphasis Patrol Activity Log in WEMS within 48 hours of the completion of the patrols. 13 Distracted Driving Agency may engage in multijurisdictional HVE distracted driving focused patrols, as part of the national effort, for all or part the following dates: U Drive. U Text. U Pay. — April 3 — 16, 2017 These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Wherever possible these patrols shall occur in areas with the highest number of distracted driving violations. Law enforcement officers will complete an Emphasis Patrol Activity Log in WEMS within 48 hours of the completion of the patrols. Motorcycle Safety Patrols - July 28, 2017 — August 13, 2017 These motorcycle safety patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Patrols should focus on the illegal and unsafe driving actions of motorcycles. Patrols should also focus on the illegal and unsafe driving actions of all other motor vehicles when relating to motorcycles. This includes failure to yield to a motorcycle, following too closely to a motorcycle, etc. Law enforcement officers will complete an Emphasis Patrol Activity Log in WEMS within 48 hours of the completion of the patrols. Whenever possible, AGENCY should include motorcycle officers in these patrols. Flex Patrols: The local Task Force may coordinate local HVE impaired driving, seatbelt, distracted driving, or speeding patrols during the contract period. Refer to each section above for the scope of work for each category. Dates may not coincide with statewide patrol periods. Dates of local patrols will be reported in advance to the WTSC on a quarterly basis by the county Target Zero Manager. Refer to Exhibit B for patrol plan due dates. Only work done on Task Force/TZM pre- approved dates will be considered for reimbursement. CONDITIONS: For each of the emphasis patrols listed above, Multijurisdictional High Visibility Enforcement Protocols, as outlined in Exhibit B of this document will be 14 followed. These protocols are incorporated in their entirety to this document by reference. Exceptions to these protocols may only be provided by the WTSC Program Manager. Standardized Field Sobriety Testing (SFST) Training Requirement Agency certifies that all officers participating in these patrols are SFST trained. To meet this requirement: • Officer must be BAC certified and have passed the SFST refresher training within the prior three years, or • Officer must have successfully completed Advanced Roadside Impaired Driving Enforcement (ARIDE), or • Officer must be a certified Drug Recognition Expert. Media Contacts: All of these patrols are conducted as part of a highly publicized, statewide effort. As such, publicity campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations. Therefore, Agency must provide the names of at least two agency officers who can be available for media requests and questions. *At least one of the individuals listed below must be available for weekend media contacts, beginning at noon on Fridays before mobilizations: Cathy Schrock, Civilian Operations Manager Name/Title 253 - 835 -6850 Cathy .schrockAcityoffederalway.com Office Phone & e -mail PlOrequest ©cityoffederalway.com Cell Phone 15 Exhibit B Multijurisdictional Hiqh- Visibility Enforcement Protocols Purpose This protocol is intended to guide Target Zero Managers, Law Enforcement Liaisons, and law enforcement agencies in coordinating multijurisdictional high visibility enforcement (HVE) mobilizations to address impaired driving, distracted driving, speeding, and seat belt use. These mobilizations are funded by federal highway safety grants. Goal The goal of multijurisdictional high - visibility campaigns is to reduce fatal and serious injury collisions through the coordination of: • Publicity addressing increased enforcement, and • Increased contacts and arrests of violators. Method Funding from the Washington Traffic Safety Commission (WTSC) will support multijurisdictional HVE patrol activities to increase the number of officers working on impaired driving, distracted driving, speeding, and occupant protection enforcement. Public education and media will be coordinated by the Target Zero Manager and Law Enforcement Liaison. The law enforcement activity will support the media effort by demonstrating to the public that the media messages are true; i.e., that "extra enforcement patrols (with a particular focus) are going on now" so that the public takes the media messages seriously. The media work will support the police effort by encouraging voluntary compliance with the law. The objective of multijurisdictional HVE patrol activities is to change driver behavior by raising the awareness of increased enforcement. Definitions: • HVE is enforcement of the law in conjunction with publicity that draws the attention of the public to the enforcement activity. • Multijurisdictional enforcement is defined as a minimum of three law enforcement agencies (LEA's) or patrol units participating at a designated date and time, enforcing a specific activity, in a location determined by the local Target Zero Task Force. 16 Responsibilities WTSC: • Provide funding. • Provide state /local traffic fatality and serious injury data. • Coordinate paid media at the state level for statewide and local mobilizations (when possible). • Lead news media efforts for: o Holiday DUI o Click It or Ticket o U Drive. U Text. U Pay. o Drive Sober or Get Pulled Over • Summarize statewide enforcement activity. • Report results to the National Highway Traffic Safety Administration. Target Zero Manager and Law Enforcement Liaison: • Lead the development of Multijurisdictional High Visibility Enforcement Mobilization Plans. • Submit local patrol plans for local DUI, seat belt, speeding, and distracted mobilizations to the WTSC on quarterly basis: Plans Due: For local patrols planned from: August 31, 2016 October 1 — December 31, 2016 October 31, 2016 January — March, 2017 January 30, 2017 April — June, 2017 April 30, 2017 July — September, 2017 *One yearly plan for local mobilizations may be submitted in lieu of four quarterly plans. • Coordinate mobilization briefings. • Lead news media and community outreach efforts for local mobilizations. • Review and approve all IAAs, invoices, and other documentation before submission to WTSC. This includes follow -up on incomplete invoicing paperwork and Emphasis Patrol Activity Logs with unexplained low contacts. 17 Law Enforcement Agencies: • Send a representative to local task force meetings to plan mobilization locations and exact dates. • Ensure availability of agency media contact, noted on page 3 of this agreement, prior to and during all mobilization dates. • Provide commissioned police officer(s) (active or paid reserve) with appropriate equipment (vehicle, radar, etc.) to participate in multijurisdictional HVE patrols. • Ensure that officers assigned to the multijurisdictional HVE campaigns are qualified to enforce the impaired driving laws as outlined on page 2, section 3 of this agreement. • Require all officers participating in multijurisdictional HVE patrols to attend mobilization briefings. • Ensure officers working the overtime conduct a minimum of three (3) self- initiated contacts per hour. • Require officers to complete and submit multijurisdictional HVE patrol productivity on WTSC Emphasis Patrol Activity Log. 18 Exhibit C Federal Agency — National Highway Traffic Safety Administration Funding Source Grant Award # Grant Award Name CFDA # HVE Categories Statewide DUI, Distracted Driving, Seat Belt, Local Flex, Speed, Motorcycle 402 Section 402 State and Community Highway Safety Program 20.600 National Priority Safety Programs 405b Map -21 Section 405b Occupant Protection 20.616 405c Map -21 Section 405c State Traffic Safety Information Systems 20.616 405d Map -21 Section 405d Impaired Driving Countermeasures 20.616 TZT 405d II Map -21 Section 405d II Impaired Driving Ignition Interlock 20.616 405f Map -21 Section 405f Motorcycle Safety 20.616 19 W A S H I N G T O N Traffic Safety C O N I N I I N S I O N Agency: Federal Way Police Department Project Number: FFY2017 HVE Acknowledgement of WTSC Grant Requirements When the authorizing official and the project manager sign the agreement for a WTSC grant, they agree to comply fully with the terms and conditions set forth in the contract as well as additional federal requirements outlined in the Electronic Code of Federal Regulations for Federal Grants and Agreements: (http: / /www.ecfr.gov /cqi- bin / text- idx? tpl= /ecfrbrowse/Title02 /2cfr200 main 02.tp1). The WTSC provides all grant recipients an opportunity to ask questions or discuss concerns about the terms and conditions of the grant. This opportunity may consist of an in- person meeting or conference call, depending on the complexity of the project and the recipient's level of experience with federal grants. Once this opportunity has been provided, the grant recipient's project manager certifies to the grant requirements, including the following elements: • Contract Provisions o Billing procedure o Political activity /Hatch Act o Project Reporting o Suspension & debarment o Nondiscrimination o Contract Termination o Drug -Free workplace o Buy America Act o State Lobbying o Federal Lobbying • Project changes and amendments • Quarterly and final reports • Third -party contracts • Indirect costs (Cost Allocation Plan or Federal Cognizant Agency rate approval letter) • Project Income Requirements • Promotional /Incentive Item Purchase Restrictions • Equipment purchases (approval and tracking requirements) • Travel rules (State Administrative & Accounting Manual - http: / /ofm.wa.gov /policy /10.htm) • Light Refreshments Policy (WTSC Policy #7.5- http: / /wtsc.wa.gov /resources /policies /) • Single audit requirements • Time keeping requirements I understand the items listed above or they have been explained to me by representatives of the Washington Traffic Safety Commission. to/.7 y //6 Agency Signature (Grant Recipient) Date 20 COUNCIL MEETING DATE: November 15, 2016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5k SUBJECT: SECOND AMENDMENT FOR URBAN FORESTRY SERVICES POLICY QUESTION: Should the Mayor and Council authorize a 2nd amendment to the maintenance agreement with EarthCorps to provide Urban Forest Health services to the City? COMMITTEE: PRHSPS MEETING DATE: Nov. 8, 2016 CATEGORY: ® Consent n Ordinance ❑ Public Hearing ❑ City Council Business n Resolution ❑ Other STAFF REPORT BY: Steve Ikerd, Parks Deputy Director DEPT: PROS History: The city entered into a Maintenance Agreement with EarthCorps in 2013. EarthCorps provides urban forestry services, and volunteer event management services for nine events. By mutual agreement we seek authorization to extend their term for an additional two years through December 31, 2018. The compensation will increase by $40,000.00, for a grand total contract value of $120,000.00. Attachments: EarthCorps Contract Amendment Options Considered: 1. Authorize a 2nd amendment to the EarthCorps agreement by extending their term through December 31, 2018, and increase compensation by of $40,000.00. 2. Do not authorize a 2nd amendment and provide direction to staff. MAYOR'S RECOMMEND TION: Option 1 MAYOR APPROVAL: CHIEF OF STAFF: Com ttee Initial/Date DIRECTOR APPROVAL: /04y/,e C In /Date m� ee Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Amendment to the November 15, 2016 consent agenda for approval. Committee Member /Ao PROPOSED COUNCIL MOTION: "I move approval of authorizing a 2nd amendment to the EarthCorps agreement by extending their term through December 31, 2018 with an increase of $40,000 for total compensation of $120,000, and authorize the Mayor to sign said agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY F 44%**S•... O Federal Way AMENDMENT NO. 2 TO MAINTENANCE AGREEMENT FOR URBAN FORESTRY SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway corn This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and EarthCorps, a Washington nonprofit corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Urban Forestry Services ( "Agreement ") dated effective March 20, 2013, as amended by Amendment No. 1 as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2018 ( "Amended Term "). 2. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A -2 attached hereto and incorporated by this reference ( "Additional Services "). 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -2, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT 1 1/2015 � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffedera!way coin IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: Jim Ferrell, Mayor DATE: EARTHCORPS By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ) City Clerk, Stephanie Courtney, CMC APPROVED AS TO FORM: City Attorney, On this day personally appeared before me , to me known to be the of EarthCorps that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT - 2 1/2015 Federal Way EXHIBIT A -2 ADDITIONAL SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway corn The Contractor shall do or provide the following in addition to Services in previous Exhibits: Scope of Work: EarthCorps will provide volunteer event management services for nine (9) volunteer projects, and one (1) event preparation day, with City of Federal Way and Corporate Volunteers. The proposed 2017 and 2018 sites include: West Hylebos Wetlands, west Hylebos Blueberry Farm, Dumas Bay Sanctuary Park, Poverty Bay Open Space and Panther Lake Open Space. Event details: 1. Nine (9) volunteer events each year will be managed by EarthCorps staff. At the beginning of each year, EarthCorps will work with city Parks staff to identify and agree upon specific work projects within the above mention sites. 2. Volunteer event management services include, but are not limited, to providing onsite volunteer leadership, supervision, technical support, volunteer recruitment, event coordination, tools, volunteer hospitality, coordination of projects with the City of Federal Way, and project reporting. 3. EarthCorps will also provide volunteer education at each event that cover safety, tool use, and environmental restoration techniques. 4. Each event includes twelve (12) hours of Project Management time for planning and onsite leadership of the event and prep day if scheduled. 5. EarthCorps will manage plant orders and order porta - potties if the City is unable to supply a porta -potty for events. 6. The City will supply mulch and Greens dumpsters when available and deemed appropriate for the site upon request at least two weeks in advance. 7. In addition to the city funded events, EarthCorps is encouraged to leverage grants i.e. with Google and/or Rose Foundation for 2017/2018. These grants will allow EarthCorps to complete four additional events and eighteen additional crew days of work on City property. AMENDMENT 3 1/2015 PYe'F ralWa de Way EXHIBIT B -2 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederahvay.. com 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Forty Thousand and No /100 Dollars ($40,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Twenty Thousand and No /100 Dollars ($120,000.00). 2. Method of Compensation: Annual Expenditures: Event management $16,405.00 Outreach (solicit Volunteers & Grants $ 1,725.00 Plants & supplies $ 1,870.00 Total Project Costs $20,000.00 AMENDMENT 4 1/2015 COUNCIL MEETING DATE: November 15, 2016 ITEM #: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SECOND AMENDMENT FOR PARKS LANDSCAPE MAINTENANCE SERVICES POLICY QUESTION: Should the Council authorize a 2nd amendment to an agreement for parks landscape maintenance with Total Landscape Corporation? COMMITTEE: PRHSPS MEETING DATE: Nov 8, 2016 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Public Hearing n Resolution ❑ Other STAFF REPORT BY: Steve Ikerd, Parks Deputy Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . History: Following a competitive bid process in 2012, Total Landscape Corporation entered into a Maintenance Agreement. This service provides landscaping, mowing, and storm cleanup. By mutual agreement we seek authorization to extend their term for an additional two years through December 31, 2018. The compensation will increase by $122,833.64, for a grand total contract value of $363,720.55 Attachments: Maintenance Agreement exhibit for Amendment No. 2 Options Considered: 1. Authorize a 2nd amendment to the Total Landscape Corporation Agreement by extending their term through December 31, 2018, and increase compensation by $122,833.64 DEPT: PRCS 2. Do not authorize a 2nd amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: p $A6 Co mittee Initial/D CHIEF OF STAFF: j GM Com , Mee Init. I/Date c/ DIRECTOR APPROVAL: ounc�l ! 3'ry% Initial/Date Council Initial /Date Initial/Date 7/'' COMMITTEE RECOMMENDATION: I move to forward the proposed 2 "d amendment to the Total Landscape Corporation Agreement to the November 15, 2016 consent s • enda for approval. mittee Chair 1 G Committee mber .�...._ 6�� �i,,., ,Committee ber PROPOSED COUNCIL MOTION: "I move approval of authorizing a 2nd amendment to the Tota Landscape Corporation Agreement by extending their term through December 31, 2018 with a 2 year increase of $122,833.64 for a total compensation of $363, 720.55, and authorize the Mayor to sign said agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED - 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # Vecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway corn AMENDMENT NO. 2 TO MAINTENANCE AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Total Landscape Corporation, a Washington corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Landscape Maintenance Services ( "Agreement ") dated effective May 6, 2013, as amended by Amendment No. 1 as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2018 ( "Amended Term "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -2, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT 1 1/2015 f CITY )deral Way e CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: Jim Ferrell, Mayor DATE: TOTAL LANDSCAPE CORPORATION By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ) City Clerk, Stephanie Courtney, CMC APPROVED AS TO FORM: City Attorney, On this day personally appeared before me , to me known to be the of Total Landscape Corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT 2 1/2015 Federal Way EXHIBIT B -2 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 wwv crtyoffederattwaay com 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed One Hundred Twelve Thousand One Hundred Seventy -Six and 84/100 Dollars ($112,176.84), and Washington State sales tax equal to Ten Thousand Six Hundred Fifty -Six and 80/100 Dollars for a total of One Hundred Twenty -Two Thousand Eight Hundred Thirty -Three and 64 /Dollars ($122,833.64). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Three Hundred Sixty -Three Thousand Seven Hundred Twenty and 55/100 Dollars ($363,720.55). 2. 2017 -2018 Park Landscape Maintenance (amount paid by monthly): Park Month and Task Amounts Mar =14 Apr =23 May =29 Jun =23 Jul =24 Aug =28 Sep =23 Oct =26 Totals Adelaide 87.50 175.00 218.75 175.00 175.00 218.75 175.00 175.00 1,400.00 Alderdale 105.00 210.00 262.50 210.00 210.00 262.50 210.00 210.00 1,680.00 Cedar Grove Park 105.00 210.00 262.50 210.00 210.00 262.50 210.00 210.00 1,680.00 Coronado Park 87.50 175.00 218.75 175.00 175.00 218.75 175.00 175.00 1,400.00 Dash Point Highlands 87.50 175.00 218.75 175.00 175.00 218.75 175.00 175.00 1,400.00 Dumas Bay Sanctuary 105.00 210.00 262.50 210.00 210.00 262.50 210.00 210.00 1,680.00 English Gardens 122.50 245.00 306.25 245.00 245.00 306.25 245.00 245.00 1,960.00 Lake Grove 87.50 175.00 218.75 175.00 175.00 218.75 175.00 175.00 1,400.00 Lakota 490.00 980.00 1,225.00 980.00 980.00 1,225.00 980.00 980.00 7,840.00 Laurelwood 140.00 280.00 350.00 280.00 280.00 350.00 280.00 280.00 2,240.00 Olympic View Park 140.00 280.00 350.00 280.00 280.00 350.00 280.00 280.00 2,240.00 Palisades Park 60.00 120.00 150.00 120.00 120.00 150.00 120.00 120.00 960.00 Sculpture Park 60.00 120.00 150.00 120.00 120.00 150.00 120.00 120.00 960.00 SW 312th Courts 70.00 140.00 175.00 140.00 140.00 175.00 140.00 140.00 1,120.00 Wedgewood Park 105.00 210.00 262.50 210.00 210.00 262.50 210.00 210.00 1,680.00 Wildwood 105.00 210.00 262.50 210.00 210.00 262.50 210.00 210.00 1,680.00 Winco Park 70.00 140.00 175.00 140.00 140.00 175.00 140.00 140.00 1,120.00 3% CPI increase (15- 16) 60.83 121.65 152.06 121.65 121.65 152.06 121.65 121.65 973.20 Sub -Total (15 -16) 2,088.33 4,176.65 5,220.81 4,176.65 4,176.65 5,220.81 4,176.65 4,176.65 33,413.20 5% CPI increase (17- 18) 104.42 208.83 261.04 208.83 208.83 261.04 208.83 208.83 1,670.65 Sub -Total (17 -18) 2,192.75 4,385.48 5,481.85 4,385.48 4,385.48 5,481.85 4,385.48 4,385.48 35,083.85 Tax 9.5% 208.31 416.62 520.78 416.62 416.62 520.78 416.62 416.62 3.332.97 Total 2,401.06 4,802.10 6,002.63 4,802.10 4,802.10 6,002.63 4,802.10 4,802.10 38,416.82 Dumas Bay Centre (DBC) 3 person crew @ 2 hours Hourly rate - DBC AMENDMENT 210.00 + tax 35.00 + tax 3 1/2015 COUNCIL MEETING DATE: November 15, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5rn SUBJECT: NORTHWEST PLAYGROUND EQUIPMENT, INC. RETAINAGE RELEASE POLICY QUESTION: Should the City accept the installation of the playground equipment at Adelaide Park by Northwest Playground Equipment, Inc. as complete and authorize staff to release their Retainage? COMMITTEE: PRHSPS Committee MEETING DATE: Nov. 8, 2016 CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Stephen Ikerd, Deputy Director DEPT: Parks History: The City worked with Northwest Playground Equipment, Inc. through KCDA to install playground equipment at Adelaide Park in the amount of $32,131.34. Prior to the release of Retainage on Public Works projects, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary: $110,913.80 — installed play structures; 5% Retainage held from this project amount. = $4,978.84 Options Considered: 1. Accept the installation of the playground equipment as complete and release $4,978.84 Retainage to Northwest Playground Equipment, Inc. 2. Do not accept the work as complete, and provide direction to staff. ............... MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: CHIEF OF STAFF: 10 416 d 5/►h Co men Council 187/6 IRECTOR APPROVAL: mlttee COMMITTEE RECOMMENDATION: I move to forward the acceptance of the Northwest Playground Equipment Inc. installation of the playground equipment at Adelaide Park as complete and forward the authorization of staff to release their $4,978.84 Retainage to the November 15 , 2Q16 City Council consent agenda for approval. z /I ComnidChair Committee Member Commi e: M- ber PROPOSED COUNCIL MOTION: "I move to accept the installation of the playground equipmen at Adelaide Park as complete and authorize staff to release Retainage in the amount of $4,978.84 to Northwest Playground Equipment, Inc." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # November IC ,tV COUNCIL MEETING DATE: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING REGARDING 2017 -2018 BIENNIAL BUDGET AND PROPERTY TAX LEVY POLICY QUESTION: N/A COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent n Ordinance ® Public Hearing n City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk Attachments: N/A DEPT: Mayor's Office Summary/Background: Public Hearing on the 2017 -2018 Proposed Biennial Budget and 2017 Property Tax Levy as required by RCW 35A.34. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: CHIEF OF STAFF: N/A Committee N/A Committee Council Council CITY CLERK APPROVAL: COMMITTEE RECOMMENDATION: N/A N/A Committee Chair N/A N/A Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION g MOVED TO REVISED— 1/2015 hued- 4.0 11/1511/ COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: November 15, 2016 ITEM #: 7a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Grant Funding for Transportation Improvement Projects — Authorization to Accept Grant Funding POLICY QUESTION: Should City Council authorize staff to accept Regional Mobility Grant funding program for Transportation Improvement Projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 7, 2016 CATEGORY: Consent City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer Attachments: Land Use and Transportation Committee memorandum dated November 7, 2016 DEPT: Public Works Options Considered: 1. Authorize staff to accept the grant funding under the State Regional Mobility funding program for the 21S` Avenue S — S 314th Street to S 316`h Street project. 2. Do not accept grant funding under the State Regional Mobility funding program for the S 314th Street to S 316th Street project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the November 1 , Business Agenda for appro al. MAYOR APPROVAL: CHIEF OF STAFF: DIRECTOR APPROVAL: Co al ate Initial /Date 21St Avenue S — 2016 Council nitial /Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 15, 2016 Council Business Agenda for approval. Kei y Maloney, Chair `11Y)e Lydia Assefa -Da on, Member Mark Kppang, Membe PROPOSED COUNCIL MOTION: "I move to authorize staff to accept the grant funding under the Regional Mobility State funding Program for the 21' Avenue S from S 314th Street to S 316`h Street project." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 7, 2016 TO: City Council VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Dire Rick Perez, P.E., City Traffic Engineer SUBJECT: Grant Funding for Transportation Improvement Projects — Authorization to Accept Grant Funding BACKGROUND: This memorandum provides the Council with the current status of the grant applications submitted in 2016 under King County's request for proposals for the State's Regional Mobility Grant Program. Project (Funding Phase) Grant Estimated Awarded Required Project Cost Grant Fund City Match 21m Avenue S — S 314th Street to S 316th Street (Design and Construction) FY 2015 -7 Regional Mobility Grant (WSDOT via King $3,000,000 $500,000 $2,500,000* County) * The required City match will be obtained from developer contribution, LIFT (Local Infrastructure Financing Tool), and miscellaneous transfers from completed CIF projects. K: \LUTC\20I6 \11 -07 -16 Acceptance of Grant Funding — 21 Av S — 314 to 316.doc COUNCIL MEETING DATE: November 15, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 7b SUBJECT: CANCELLATION OF THE DECEMBER 20, 2016 CITY COUNCIL REGULAR MEETING. POLICY QUESTION: Should the City Council suspend the Council Rules of Procedure and cancel their December 20, 2016 Regular Meeting? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® City Council Business ❑ Ordinance ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk Background: Historically the City Council has cancelled the second Regular Meeting in December to allow for holiday vacations for Councilmembers and staff. Section 2.1(1) of the Council Rules of Procedure states the City Council will conduct Regular Meetings the first and third Tuesday of each month. Section 23.1 of the Council Rules of Procedure states any provision of the rules not governed by law or ordinance may be suspended by a two- thirds (2/3) vote of the Council. Options Considered: 1. Cancel the December 20, 2016 Regular Meeting. 2. Conduct the December 20, 2016 Regular Meeting. DEPT: Mayor's Office MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A Committee Initial/Date CHIEF OF STAFF: N/A Committee Initial/Date Council Initial/Date CITY CLERK APPROVAL: y /Ph' Old COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to suspend the Council Rules 2.1(1) for the purpose of cancelling the December 20, 2016 City Council Regular Meeting." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: November 15, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 7c SUBJECT: PROPOSED 2016 -2018 COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERAL WAY POLICE GUILD POLICY QUESTION: Should the City Council authorize the Mayor to execute the Proposed Collective Bargaining Agreement with the Guild which has been ratified? COMMITTEE: N/A MEETING DATE: CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: lean Stanley, HR Manager DEPT: Human Resources Attachments: Proposed 2016 -2018 Collective Bargaining Agreement with the Federal Way Police Guild. The City and the Guild began negotiations in September of 2015 for a successor Agreement, because the existing Agreement expired December 31, 2015. The attached proposed Agreement is a culmination of negotiations and mediation. The Guild members have ratified the Agreement. The City's bargaining team recommends that Council approve the proposed 2016 -2018 Agreement and authorize the Mayor to executive the document. Options Considered: 1. Approve the proposed Agreement and authorize the Mayor to execute the necessary documents. 2. Reject the proposed Agreement and direct the City to continue negotiations through mediation with the Guild. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: CHIEF OF STAFF: NA4 Committee Initial ate A/ A Committee Initial/Date mcil DIRECTOR APPROVAL:. 44`81(, Initial /Date Initial/Date I,JAv,r IIJo�I)�It/ Council Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed agreement with the Federal Way Police Guild." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY AND FEDERAL WAY POLICE GUILD Collective Bargaining Agreement PREAMBLE: The Federal Way Police Guild ( "Guild ") and the City of Federal Way ( "City ") mutually recognize the importance of ensuring the highest level of public service. The parties agree that it is of paramount importance that they constantly and vigilantly work to further this goal. The parties are dedicated to provide the best possible police protection to the citizens of Federal Way, and have entered into this collective bargaining agreement (the "Agreement ") in a spirit of cooperation and collaboration in an effort to further this goal. ARTICLE 1: GUILD RECOGNITION AND MEMBERSHIP Section 1. Recognition. The City recognizes the Guild as the exclusive bargaining representative for all employees in the bargaining unit as certified by the Public Employment Relations Commission. Section 2. Status at Academy. The provisions of this contract shall not apply to police officer candidates prior to or while they are attending the State required police academy. Section 3. Guild Membership. It shall be a condition of employment that all bargaining unit employees shall become members of the Guild and remain members in good standing or pay an agency fee to the Guild for their representation to the extent permitted by law. It shall also be a condition of employment that employees covered by this Agreement and hired on or after its effective date shall, by the thirtieth day following such employment, become and remain members in good standing in the Guild or pay an agency fee to the Guild for their representation to the extent permitted by law. Provided, that employees with a bona fide (as determined by the Public Employment Relations Commission) religious objection to Guild membership and /or association shall not be required to tender those dues or initiation fees to the Guild as a condition of employment. Such employee shall pay an amount of money equivalent to regular Guild dues and initiation fees to a non - religious charity mutually agreed upon between the public employee and the Guild. The employee shall furnish written proof that payment to the agreed upon non - religious charity has been made. If the employee and the Guild cannot agree on the non - religious charity, the POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 Public Employment Relations Commission shall approve the charitable organization. It shall be the obligation of the employee requesting or claiming the religious exemption to show proof to the Guild that he /she is eligible for such exemption. All initiation fees and dues paid to the charity shall be for non - political purposes. Section 4. Dues Deduction. Upon receipt of written authorization individually signed by a bargaining unit employee, the City shall deduct from the pay of such employee the amount of dues as certified by the secretary of the Guild and shall transmit the same to the Guild within five business days of the issuance of pay checks. Section 5. List of Employees. The City will transmit to the Guild a current listing of all employees in the bargaining unit within thirty (30) days of request for same but not to exceed twice per calendar year. Such list shall include the name of the employee, position, and salary. Section 6. Hold Harmless. The Guild will hold the City harmless from any and all liability resulting from the City's compliance with this Article. ARTICLE 2: MANAGEMENT RESPONSIBILITIES Section 1. The Guild recognizes the right of the City to operate and manage its affairs in all respects in accordance with its lawful authority. The City retains the authority that the City has not expressly delegated or modified by this Agreement. Section 2. Management rights and responsibilities shall include, but are not limited to, the following examples: 1. The City and the Department shall retain all rights and authority to which by law they are entitled. 2. The City shall have the authority to organize and reorganize the operations within the Department. 3. The Guild recognizes the right of the Department to enforce the Department Rules and Regulations, and operational procedures and guidelines. 4. The City has the exclusive right to schedule work and overtime work as required in the manner most advantageous to the City, consistent with the applicable provisions of this Agreement. 5. The City has the right to assess an employee's performance of their job. 6. The City has the right to: POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 a. discipline, suspend, and discharge non - probationary employees for just cause. Scheduling of disciplinary days off will be at the convenience of Department operations. b. to discharge probationary employees for any reason. Employees who are discharged before completing their probationary period shall not have access to the grievance procedures of this Agreement to protest or challenge the discharge, or the reasons therefor. c. to recruit, hire, promote, fill vacancies, transfer, assign, and retain employees. d. to lay off employees for lack of work or funds or other legitimate reasons. 7. The City has the right to determine business hours, to determine the starting and quitting times, and to discontinue work that would be wasteful or unproductive. 8. The City has the right to control the Police Department budget. 9. The City has the right to determine the methods, location, means and processes by which work shall be accomplished. 10. The City shall have the right to take any and all actions necessary in the event of an emergency. Section 3. The parties recognize the City may perceive a need to make operational changes in areas that are not covered by the above management responsibilities. In the event the City desires to make such a change in a mandatory subject of bargaining, the City shall give the Guild at least ten (10) days notice of the desired change. The Guild may request bargaining of the issue, and the City thereafter will meet with the Guild in an effort to resolve the issue. Should resolution not be achieved either party may request the assistance of a PERC mediator and the parties will work to expedite that process. If mediation is unsuccessful the issue will expeditiously be taken to interest arbitration pursuant to the standards contained in RCW 41.56. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 ARTICLE 3: HOLIDAYS Section 1. Observed Holidays. On January 1st of each year, the City shall bank (provide) one hundred sixteen (116) hours of holiday pay for each bargaining unit employee for the following observed holidays: For employees hired after January 1st in a given year, the City may prorate the hours to be banked and shall bank (provide) the number of hours of holiday pay calculated by multiplying the number of holidays remaining to be celebrated in that year by eight (8) hours (e.g., for an employee hired on March 1st, sixty four (64) hours calculated by multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by eight (8) hours). If an employee permanently leaves the service of the employer before December 31st of any given year, the City may deduct banked hours credited to the employee's holiday pay bank equal to the number of holidays remaining to be celebrated in that year multiplied by eight (8) hours, as well as eight hours for the floating holiday if the termination occurs prior to July 1st of that year. The two (2) floating holidays are banked on January 1st of each year, provided that the City shall not be requested to bank hours for floating holidays for any employee hired on or after July 1st during the employee's year of hire. Floating holidays are use or lose, will not be carried forward or cashed out if an employee permanently leaves the service of the employer. Section 2. Work on Holidays. The decision of whether an employee will be required to work on an observed holiday will be made by the City. Employees working on Thanksgiving Day, Christmas, and New Year's Day shall be paid at time and one half for each hour worked. Employees working on Independence Day shall be paid at double time for each hour worked. Section 3. Use of Banked Holiday Hours. All employees shall make reasonable efforts to expend their banked holiday hours prior to the end of each year POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 Commonly Called First day of January New Year's Day Third Monday of January Martin Luther King Day Third Monday of February President's Day Last Monday of May Memorial Day Fourth day of July Independence Day First Monday of September Labor Day 11th Day of November Veteran's Day Fourth Thursday of November Thanksgiving Day Friday following the fourth Day after Thanksgiving 25th day of December Christmas Day 2 Floating Holidays For employees hired after January 1st in a given year, the City may prorate the hours to be banked and shall bank (provide) the number of hours of holiday pay calculated by multiplying the number of holidays remaining to be celebrated in that year by eight (8) hours (e.g., for an employee hired on March 1st, sixty four (64) hours calculated by multiplying the number of holidays remaining to be celebrated in that year [eight (8)] by eight (8) hours). If an employee permanently leaves the service of the employer before December 31st of any given year, the City may deduct banked hours credited to the employee's holiday pay bank equal to the number of holidays remaining to be celebrated in that year multiplied by eight (8) hours, as well as eight hours for the floating holiday if the termination occurs prior to July 1st of that year. The two (2) floating holidays are banked on January 1st of each year, provided that the City shall not be requested to bank hours for floating holidays for any employee hired on or after July 1st during the employee's year of hire. Floating holidays are use or lose, will not be carried forward or cashed out if an employee permanently leaves the service of the employer. Section 2. Work on Holidays. The decision of whether an employee will be required to work on an observed holiday will be made by the City. Employees working on Thanksgiving Day, Christmas, and New Year's Day shall be paid at time and one half for each hour worked. Employees working on Independence Day shall be paid at double time for each hour worked. Section 3. Use of Banked Holiday Hours. All employees shall make reasonable efforts to expend their banked holiday hours prior to the end of each year POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 (December 31St). Employees may use their banked holiday hours in increments no smaller than two hours, and shall use all banked holiday hours prior to using any vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO) basis. In the event an employee does not use all of his /her banked holiday hours prior to December 31st, the employee will forfeit the remaining banked holiday hours, except that an employee may carryover unused banked holiday hours until June 30th of the following year, if: a. the employee makes a reasonable effort to use his /her banked holiday hours /pay, the employee is denied the opportunity to use banked holiday hours /pay by his /her supervisor, and the employee has written documentation of said effort in the form of completed Department leave request forms reflecting that the use of banked holiday hours /pay had been denied by the employee's supervisor, and /or b. the employee was prevented from using banked holiday hours /pay because of approved leave resulting from military service, long term disability, work related injury, or a similar reason. If an employee is unable to schedule banked carry-over time to be used by June 30th of the following year, the Deputy Chief shall attempt to schedule the banked carry-over time prior to June 30th of that year. If the Deputy Chief is unable to schedule the banked carry-over time by June 30th of that year, the City shall, upon the employee's next regularly scheduled payday, cash out the hours that cannot be further carried -over under these provisions at the employee's then - current rate of pay. The City shall track employee use of banked holiday hours and, upon request, the City shall provide employees and the Guild with annual reports in October of each year reflecting the amount of banked holiday hours /pay for each bargaining unit employee. Section 4. Holiday Scheduling. Minimum staffing in patrol is set forth in MOS 41.1.1(G), except that the City shall have discretion to drop minimum staffing levels by no more than one officer on Thanksgiving and Christmas. On Thanksgiving and Christmas each patrol may have up to three officers gone on vacation /holiday /comp time. For all other holidays, the City may allow time off consistent with other days of the year, based on the need to maintain minimum staffing in patrol. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 ARTICLE 4: VACATIONS Section 1. Vacation Accrual. After six months of continuous service in pay status, regular, full -time employees shall accrue vacation benefits while in pay status, based upon their seniority, as indicated in the following table: Full Years of Service Annual Leave in Hours Through end of Year 5 96 Upon beginning of Year 6 132 Upon beginning of Year 11 150 Upon beginning of Year 16 180 Upon beginning of Year 21 204 Upon beginning of Year 26 220 Section 2. Probationary Employees. At the end of six months of continuous employment with the Department in pay status, employees shall receive forty -eight (48) hours of vacation credit. Probationary employees are not entitled to the use of vacation hours during the first six months of employment. Probationary employees who separate employment prior to successful completion of the FTO program shall not be paid for accrued vacation. Section 3. Accrual. Employees with six months of service shall accrue vacation benefits on a semi - monthly basis, consistent with the City's payroll periods. Part time regular employees shall accrue vacation leave in accordance with the vacation leave schedule set forth in Section 1 of this Article, however, such accrual rates shall be prorated to reflect his /her normally scheduled work week. Section 4. Vacation Increments. Vacation may be used in two -hour increments at the discretion of the Chief or his /her appointed designee. Section 5. Payment Upon Death. In cases of separation by death, payment of unused vacation benefits shall be made to the employee's estate, or in applicable cases, as provided by RCW, Title 11. Section 6. Forfeiture of Vacation. The maximum total vacation accrual is two times the employee's annual accrual rate. All employees shall use all of their excess vacation accrual prior to December 31St, or forfeit the excess, provided, an employee's total vacation accrual may exceed the maximum stated herein, upon request and with approval of the POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 Department and the Mayor, if cyclical workloads, work assignments or other reasons as may be in the best interests of the City prevent the City from scheduling the vacation. Employees who leave City employment for any reason will be paid for their unused vacation up to the maximum specified herein, except that employees who become disabled in the line of duty and retire as a result thereof, shall be paid for all unused accrued vacation in their account at the time of the termination of their employment. Any employee who voluntarily leaves the department and does not give the City two weeks notice shall forfeit all unused vacation, unless such notice is not reasonably possible. Section 7. Vacation Scheduling - Seniority Basis. During January, the Department shall conduct a bid for vacations for the following year. The bid shall be by seniority, and conducted by division and shift. All vacation bid requests shall be for work weeks. Vacation requests submitted subsequent to the vacation bid shall be granted dependent upon Department needs on a first come, first served basis. The City shall make the determination of how many employees may be on vacation at any one time subject to minimum staffing levels in MOS 41.1.1(G) and consistent with other provisions of this Agreement, including Article 3, Section 4. If the City cancels vacation once it has been approved and the affected employee has incurred non - refundable expenses in planning for the same, the employee shall be reimbursed by the City for those expenses. Any employee called back to duty once vacation has begun shall be reimbursed for any additional transportation costs incurred in returning to duty. Section 8. Vacation Cash Out. Annually, each employee may elect to cash out forty (40) hours of accrued vacation. An employee electing to cash out forty (40) hours of accrued vacation must provide notice to HR no later than November 1. Payment for those employees electing to cash out forty (40) hours of accrued vacation shall be made on the first pay check in December. An officer must have at least one hundred (100) total hours of sick leave, banked holiday hours, and vacation hours in order to participate in vacation cash out. ARTICLE 5: SICK LEAVE Section 1. Sick leave benefits are accrued by employees based on their eligibility to participate in either the LEOFF I or LEOFF II systems. a. LEOFF I employees shall receive temporary disability payments in accordance with state law. b. LEOFF II employees shall earn 8 hours paid sick leave per month of employment, up to a maximum of 1,040 hours. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 Section 2. Sick Leave Usage. Accrued sick leave benefits may be used by an employee to avoid loss of pay if the employee is unable to work due to personal illness or injury, enforced quarantine in accordance with community health regulations, or the serious injury or illness of a spouse or children living in the employee's household requiring the employee's presence. Sick leave benefits may be used in one quarter -hour (15 minutes) increments. Section 3. Sick Leave Payment at Time of Retirement a. LEOFF Retirement. Upon retirement into LEOFF II, the City agrees to pay twenty -five percent (25 %) of an employee's unused accrued sick leave hours at the employee's current hourly rate. b. Death in the Line of Duty. The City agrees to pay one hundred percent (100 %) of an employee's unused accrued sick leave when death occurs in the line of duty. Section 4. Industrial Insurance Leave. If the state grants industrial insurance benefits, the employee will remain fully compensated under the City's "kept on salary" program ( "Program "). The Program will continue the full salary without deducting any leave for thirty (30) days. In the event the employee cannot return to work on the thirty -first (31st) day, the employee would become eligible for time loss. Unless otherwise required by State law, the procedure for workers' compensation time loss payment/reimbursement will be as follows: State Industrial Insurance will pay time loss compensation according to a set formula based on marital status and number of dependents. Employees cannot use sick leave and receive worker's compensation at the same time, because this results in "double payment ". Employees must use the time loss money from worker's compensation to "buy back" the sick leave used. Compensatory time cannot be bought back. "Buy back" for vacation leave is optional. Since worker's compensation only pays a percentage of full wages, an employee can only "buy back" a percentage of the leave used with that money, however, the employee will not suffer the income loss that occurs when he /she only receives worker's compensation benefits. When an employee receives a worker's compensation time loss check, he /she should turn the check over to payroll. Based upon the employee's hourly rate and the amount of worker's compensation time loss received, payroll will determine the amount of leave to be bought back. Payroll will notify the employee when all available sick leave and /or vacation leave has been used, and then the employee will keep additional worker's compensation time loss payments until he /she is able to return to work. The City will continue to pay its portion of health insurance premiums for up to a total of six (6) months while an employee is on "kept on salary" and subsequently receiving workers' compensation time loss payment. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 An employee who has been away from work due to an injury may not return to work without a written statement from the appropriate medical personnel stating the employee is able to resume his /her job duties, or specifying limits on duties which can be performed. Section 5. Family Care and Death. a. Bereavement Leave. In the case of death of a member of an employee's immediate family, regular, full time employees shall be entitled up to 30 hours of paid bereavement leave. Regular, full time employees who have exhausted their bereavement leave, shall be entitled to use sick leave in the amount of up to thirty (30) hours when death occurs to a member of the employee's immediate family. Upon approval by the Chief of Police, an additional twenty (20) hours of sick leave may be used by the employee when death occurs to a member of the employee's immediate family. b. Family Care Leave. Employees may use sick leave for family care purposes in accordance with state law and the City's Employee Guideline. c. Immediate Family. Immediate family is defined as the employee's parent, spouse or domestic partner, children, sister, brother, mother -in -law, father -in- law, sister -in -law, brother -in -law, grandparents, grandchildren, aunt, uncle, and step - relations equivalent to those listed. At its option, the Chief of Police may construe this definition more broadly to include other persons living in the employee's household, or to established relationships having attributes to familial ties. Section 6. Statement of Physician. The City may reasonably require a physician's statement for the purpose of assuring that sick leave benefits are being used in conformance with this article, to verify that an officer has been released to return to duty, and for FMLA related compliance. Officers involved in significant incidents are subject to a return to work evaluation conducted pursuant this section of the Agreement. The parties agree to the following process for disclosure of the Return to Work Report that is prepared. a. Upon written request from the Guild to review the Return to Work Report, the City shall schedule a meeting with the Guild Representative and the officer. b. The officer must sign a release in order for the Guild Representative to view the report, which will be provided to the City. c. The officer and the Guild will both attend the meeting when the Chief discloses the Return to Work Report, unless no release is signed by the officer in which event only the officer will attend. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 d. In the event the Guild subsequently files a grievance and the Guild has obtained a signed release from the employee, the Chief will provide a copy of related documents to the Guild's attorney upon written request. Any information provided to the City will be placed in the ADA compliant confidential file, and will not be put in the officer's personnel file. Any required contact employees have with their own physician related to the requirements of this Agreement may be done during work hours, provided it is at a time that does not interfere with other duties. If an employee is required to be physically examined by his /her own physician as a condition of opining on the effects a particular drug may have on the employee's work performance, that examination shall be considered time worked. Section 7. Fitness for Duty. The City may require that an employee take a fitness for duty examination when the City has reasonable doubt that the employee can perform the essential functions of the job, consistent with State and Federal law. If the City requires an employee to submit to a fitness for duty evaluation, the City shall provide the employee and the Guild in advance of the evaluation an explanation of why the City is requiring the evaluation. The employee shall have the right to obtain copies of all documents generated as a result of the evaluation within a reasonable time from the City's receipt of the documents. The employee will be required to submit to the first evaluation without loss of pay. If the City's evaluation is that the employee is not fit for duty, the employee shall have the right to obtain a second non - binding opinion at the employee's own expense and on the employee's own time (off -duty or paid leave time). No such expenses for this second opinion may be turned in for reimbursement under the City's self- insurance program. If the two evaluations are inconsistent on the employee's fitness for duty, the evaluators shall jointly select a third, qualified evaluator. The expense for the third evaluation shall be equally borne by the City and the employee. The Guild agrees to pay the employee's portion of the cost of the third evaluator in the event that the employee does not. The opinion of the third evaluator shall be final and binding upon the parties. Section 8. Physical Fitness. Minimum Fitness Standards. The City will discharge its duty to bargain with the Guild before setting minimum fitness standards for the bargaining unit, and will bargain the effects of setting the standards, such as testing procedures, etc. This duty does not apply to individual medical decisions regarding officers. Section 9. FMLA Leave. For purposes of determining the twelve (12) week leave period provided by the FMLA, such period shall run concurrent with the employee's accrued paid leave period. The amount of leave available for use is based on a rolling twelve (12) month period. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 Section 10. Sick Leave Incentive. In January of each calendar year, employee sick leave usage will be reviewed. Employees who have not used any sick leave in the preceding calendar year, and who have been continuously employed during that entire calendar year, shall be rewarded by having eight (8) additional hours credited to their vacation account. Section 11. Shared Leave. An employee may be eligible to receive shared leave if all of the following conditions are met: a. The employee suffers, or has an immediate family member suffering from an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature and which has caused, or is likely to cause, the employee to go on leave without pay status or to terminate his or her employment with the City; and b. The employee has completed one year of employment with the City; and c. The employee has depleted or will shortly deplete his or her total of accrued vacation, sick leave, compensatory time, holiday time and /or other paid leave; and d. Prior to the use of shared leave, the employee has abided by the City's sick leave policy; and e. When appropriate, the employee has diligently pursued and is found to be ineligible for other disability benefits including workers comp time loss; and f. The use of shared leave will not significantly increase the City's costs, except for those costs which would otherwise be incurred in the administration of this program or which would otherwise be incurred by the Department. The Chief and the Mayor have the discretion to deny a request for shared leave. The employee shall be required to provide appropriate medical justification and documentation both of the necessity for the leave and the time which the employee can reasonably be expected to be absent due to the condition. Unless otherwise approved by the Chief or the Mayor the employee's eligibility to receive shared leave will be limited to the highest total number of hours of his /her own sick leave balance in the 12 months prior to the shared leave request, so that the employee is eligible to receive a "match" to his /her own accrued sick leave bank. An employee shall not receive more than the equivalent of one -half of the number of hours in his /her typical work year as shared leave throughout his /her employment. To the extent possible, shared leave should be used on a consecutive basis. Shared leave will be administered in accordance with the Employee Guidelines. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 ARTICLE 6: WAGE RATES Section 1. Wages. Wage rate shall be as specified in Appendix A. Section 2. Career Development Program. A description of the Career Development Program is contained in Appendix B. Section 3. On -Call Pay. Employees assigned as detectives, employees assigned to the Traffic Unit/Major Accident Investigation Team, Total Station, and the Bomb Unit shall receive an additional three (3) percent of the top step wage rate per month as on call pay. Employees assigned to more than one position requiring the payment of on -call pay shall receive on -call pay for only one such position. Section 4. Extra -Duty Pay. a. Employees assigned as Field Training Officers ( "FTOs ") shall receive an additional seven (7) percent of the top step wage rate per month, as extra -duty pay for all time spent in the actual training of employees. b. Employees assigned as K -9 officers ( "K -9 ") shall receive an additional three (3) percent of the top step wage per month. c. Employees assigned to SWAT shall receive an additional three (3) percent of the top step wage per month. SWAT pay shall not be duplicated or pyramided with on -call pay. d. Employees assigned to Total Station shall receive an additional three (3) percent of the top step wage per month. Total Station pay shall not be duplicated or pyramided with on -call pay. Section 5. Corporal. Corporals are included in the bargaining unit. Corporals will perform the tasks set forth in Manual of Standards Section 11.1 and 11.2. Corporals will receive a pay differential of five (5) percent above E step police officer. The parties agree that the Corporal position is not a civil service rank. ARTICLE 7: HOURS OF WORK Section 1. Work Shifts. a. The Patrol Division will continue to work a 4/10 schedule. Shift starting hours and the number of positions per shift will be determined from time to time by the City. The City may institute a power patrol shift (5/8 schedule). b. (i) Detectives will work a 4/10 schedule with either Mondays or Fridays off. In the event of court appearances or operational needs of the Police Department the City may adjust the shifts and work days of Detectives to minimize POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 overtime expenses to the City, provided however, that where a Detective's or Detectives' shift or work day is adjusted because of operational needs of the Police Department, the employee(s) will be given at least 72 hours advance notice of such adjustment. In the event an employee or employees are not provided with the notice required by this section, the employee or employees will be paid overtime for all hours worked outside the employee's normal shift. Normal work hours will be from 0600 — 1600 or 0700 -1700. Detectives will be authorized to work a traditional 5/8 schedule upon request. Except for the rotating on -call detective assignment, if the City determines to have individual schedules for detectives that do not have weekends off, the City will initially request volunteers and then make the assignment by inverse seniority if there are insufficient volunteers. Detectives and SIU will continue to flex their time when reasonably possible so as to minimize overtime. b. (ii) The swing shift for detectives described in Appendix C may be implemented when there are fifteen (15) detectives. In the event the number of detectives falls below fifteen (15), the City has a one (1) month grace period to fill the detective vacancy. If the number of detectives remains below fifteen (15) following the one (1) month grace period, all detectives shall be switched to day shift unless a detective or detectives prefers to remain on swing shift. b. (iii) During the fourth quarter of each year, the Department shall conduct a bid among detectives for days off for the following year. The bid and the selection of days off shall be by Department seniority. In the event it becomes necessary to fill a vacancy in a swing shift position at a time other than when days off are bid for the following year, the City shall first request volunteers for the swing shift from the detectives. In the event there are no volunteers, selection of detectives for the swing shift shall be made by reverse Department seniority. b. (iv) In the event a new employee is assigned to detectives after bidding has been completed for a year, such employee may not use his /her Department seniority to displace /bump another detective. c. (i) Traffic Officers assigned to the Field Operations Division will work a 4/10 schedule. In the event of court appearances or operational needs of the Police Department, the City may adjust the shifts and work days of Traffic Officers to minimize overtime expenses to the City, provided however, that where a Traffic Officer's or Traffic Officers' shift or work day is adjusted because of operational needs of the Police Department, the employee(s) will be given at least 72 hours advance notice of such adjustment. In the event an employee or employees are not provided with the notice required by this section, the employee or employees will be paid overtime for all hours worked outside the employee's normal shift. Traffic Officers will be authorized to work a traditional 5/8 schedule upon request. c. (ii) The Saturday schedule for Traffic Officers described in Appendix C may be implemented when there are eight (8) traffic officers. In the event the number of Traffic Officers falls below eight (8), the City has a one (1) month grace POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 period to fill the Traffic Officers' vacancy. If the number of Traffic Officers remains below eight (8) following the one (1) month grace period, all Traffic Officers shall be switched to a Monday- Friday schedule unless a Traffic Officer or Traffic Officers prefers to remain on a Saturday shift. c. (iii) During the fourth quarter of each year, the Department shall conduct a bid among the Traffic Officers for days off for the following year. The bid and the selection of days off shall be by Department seniority. In the event it becomes necessary to fill a vacancy in a position on the Saturday schedule at a time other than when days off are bid for the following year, the City shall first request volunteers for the Saturday schedule from the Traffic Officers. In the event there are no volunteers, selection of Traffic Officers shall be made by reverse Department seniority. c. (iv) In the event a new employee is assigned to traffic after bidding has been completed for a year, such employee may not use his /her Department seniority to displace /bump another traffic officer. d. Canine officers will work a 4/9 schedule but be paid for a 4/10 schedule. All time spent in the extraordinary care of the dog (e.g., veterinary visits) shall be at the overtime rate. e. The City may continue the assignment of storefront and Mall officers to a different schedule. Future non - traditional specialized assignments may also be put on a different schedule (i.e., 5/8) f. Reopener. The parties agree that the City may reopen the issue of shift scheduling with the Guild. Any such bargaining will be handled on an expedited basis. After 60 days, either party may request a mediator from the PERC. The parties agree to waive the arbitration panel and agree to select a single arbitrator in accordance with the PERC procedure, and to cooperate in expediting the arbitration procedure. g. The normal workday shall be inclusive of the thirty minute lunch period for all members of the bargaining unit. Officers in investigations will flex their schedules so as to minimize the impact on the City. Section 2. Shift Bidding. Patrol Officers, Traffic Officers, and Detectives will bid annually for their work shift and days off based upon seniority. The bid sheets will be posted for one week, and officers on leave may bid by proxy or email. The City may move an officer during the year, or after reviewing the bid results, based upon reasonable necessity. In making such changes, the City will (when practicable) initially request volunteers, and thereafter make remaining assignments by utilizing the least senior officer(s) that meets the Departments' needs. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 Section 3. Specialty Assignments. The assignment of employees to specialty units shall be made by the City. Section 4. Shift Trades. With management approval, shift trades may be made, upon request of the employee. Under no circumstances will a shift trade result in the payment of contractual overtime, or have any other additional cost to the City. Section 5. Out of Class. An officer assigned by the City to perform work out of class (i.e. - as a lieutenant) will receive a 7% premium for those hours spent performing those duties. Section 6. On -Call. a. Employees assigned as detectives for CIS and SIU, and employees assigned to the Bomb Unit may be placed on a rotating, on -call schedule. No detective is required to act as a back -up or secondary on -call, but the parties recognize when contacted all detectives are urged and encouraged to accept necessary call -ins. The rotating, on -call schedule for employees assigned as detectives and the procedures for assigning such employees to the rotating, on -call schedule shall be the rotating, on -call schedule and procedures that are currently being used for detectives. ii. The on -call schedule for employees assigned to the Bomb Unit and the procedures for assigning such employees to the on -call schedule shall be the on -call schedule and procedures that are currently being used for employees assigned to the Bomb Unit. b. Employees assigned to the Traffic Unit/Major Accident Investigation Team may be placed on a rotating, on -call schedule so long as no fewer than eight (8) employees are assigned to the single Traffic Unit /Major Accident Investigation Team on call schedule. The Major Accident Investigation Team shall be composed of those employees assigned to the Traffic Unit and volunteers obtained by the City using the current procedure used for making specialty assignments. ii. The rotating, on -call schedule for employees assigned to the Traffic Unit/Major Accident Investigation Team and the procedures for assigning such employees to the rotating, on -call schedule shall be same as the rotating, on- call schedule and procedures that are currently being used for detectives. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 c. Employees who are on -call pursuant to an on -call schedule authorized by this section shall carry a City provided pager or be reachable by telephone, and shall generally respond within one (1) hour. ARTICLE 8: OVERTIME Section 1. Any time worked in excess of the assigned shift shall be paid at the overtime pay rate. Except in emergency situations, Department approval is required before working overtime. Overtime shall be paid at time and one -half (1- 1/2) times the employee's regular hourly rate of pay. Overtime shall be accrued in increments of one - quarter hour, with the major portion of one - quarter hour to be paid as one - quarter hour. a. Compensatory time may be accrued by an employee at the time and one -half (1 -1/2) rate in lieu of pay for court time, callbacks, or overtime up to a maximum of eighty (80) hours. The accrual of compensatory time is contingent on approval by the City. b. Compensatory time off shall be used in accordance with the provisions of the Fair Labor Standards Act and the case law decided there under, including Mortensen v. County of Sacramento. Section 2. Scheduling. The City has the right to schedule overtime work as required in a manner most advantageous to the Department, consistent with the requirements of municipal employment and the public safety. Section 3. Callback. Any employee called back after finishing his /her regular shift, or called to report on his /her day off for any reason (including being called into court on matters arising directly from the officer's employment as a police officer), shall be guaranteed three (3) hours pay at one and one -half (1 -1/2) times his /her regular straight -time hourly rate of pay. If the assignments require time over the three (3) hour guarantee, all time over the three (3) hours shall be paid at the rate of one and one -half (1 -1/2) times his /her regular straight -time hourly rate of pay. a. When an officer is called back to work within a three (3) hour period immediately preceding his /her regular shift, he /she shall be entitled to pay at one and one -half (1 -1/2) times his /her regular straight -time hourly rate of pay from the time of appearance to the time his /her regularly scheduled shift begins, whatever that period of time shall be. b. All court time accumulated which begins when an officer is on duty and extends past his /her regular shift, shall be compensated at one and one -half (1 -1/2) times the regular straight -time hourly rate of pay for the period following the regular duty shift. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 c. (i) Between two regular work shifts, graveyard patrol officers who are called back to work or attend court during hours outside the officer's regular work shifts will be granted up to eight consecutive hours of break from work for a rest period before being required to return to work. The break begins when the employee arrives back at the police station following the court or work obligation. c. (ii) When the rest period encroaches into an employee's subsequent regular work shift and the employee intends to exercise the rest break option, the employee must notify an on -duty supervisor or commander in advance of the anticipated tardy arrival. The employee will be paid (at the regular straight time rate) for rest break hours as if the employee was present at work. c. (iii) This does not create a mandate for the employee to take an eight -hour break before the employee can return to a work assignment. There is no rest period granted in association with extra duty work — the expectation is that officers will manage such optional work in a manner that allows them sufficient rest prior to their regular work shifts. c. (iv) If an officer calls in sick following the rest period instead of returning to work as scheduled, the entire shift will be deducted from the officer's sick leave. d. In the event an officer is given less than twelve (12) hours notice of cancellation of a scheduled off -duty court appearance, he /she shall be entitled to three (3) hours pay at one and one -half (1 -1/2) times their regular straight -time hourly rate of pay. Notice of cancellation will first be attempted by direct phone message. If no contact is made, a message to voice mail (either at home or the Department) indicating time and date of message shall suffice as notification. Section 4. The City has elected a 7(K) exemption pursuant to the Fair Labor Standards Act (FLSA). The City may determine a work period consistent with the 7(K) exemption, and will pay the overtime rate for FLSA hours worked in excess of the maximum permitted in that work period, unless overtime pay has already been paid pursuant to the requirements of this Agreement. Section 5. Non - Pyramiding. Premium or overtime pay shall not be duplicated or pyramided. Section 6. FLSA Provisions. The City will comply with the hours of work provisions of the FLSA regarding the determination of compensable time. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 ARTICLE 9: MEDICAL, DENTAL, AND LIFE INSURANCE PROGRAMS Section 1. Health Plan. The Employer shall provide LEOFF I employees such coverage as is mandated by RCW Chapter 41.26, the Law Enforcement Officers and Firefighters Retirement System Laws of 1969, as revised. For LEOFF II employees the coverage shall be as follows: a. (i) Medical Plan. Effective January 1, 2016 the Employer shall pay each month one hundred percent (100 %) of the premium necessary to purchase employee coverage and ninety percent (90 %) of the premiums necessary for the purchase of dependent coverage (excluding spouses who are eligible for other coverage through their place of employment) under Group Health Alliant Plus or Group Health HMO insurance plans as selected by the employee. The City will reimburse actual expenses incurred in order to cover the annual deductible payments for "out -of- network" services under the Alliant Plus Plan ($100 individual, max $300 family). (ii) Effective January 1, 2017 the Employer shall pay each month one hundred percent (100 %) of the premium necessary to purchase employee coverage and ninety percent (90 %) of the premiums necessary for the purchase of dependent coverage (excluding spouses who are eligible for other coverage through their place of employment) under Group Health PPO or Group Health HMO insurance plans as selected by the employee. The City will reimburse actual expenses incurred in order to cover the annual deductible payments under the PPO Plan ($100 individual, max $300 family). a. (iii) There will be a Plan A and a Plan B. An officer and spouse /partner (if covered under the plan) both must complete the Healthcare Questionnaire, the Biometric Screening, and the officer must participate in the City's wellness program meeting the established criteria by October 31 of each year in order to be eligible for Plan A in the succeeding year. The Guild will work with the City to develop mutually agreeable challenges. a. (iv) The Guild will work with the City to ensure that the City is not required to pay any excise tax under the Affordable Care Act. b. Dental and Vision Plans. The Employer shall provide Group Dental Plan equivalent to the AWC Plan F for LEOFF I dependents and LEOFF II employees and their dependents. The Employer shall provide Group Vision Plan to the employees and their dependents. c. Other. The life insurance benefit shall be one (1) time's annual salary to a maximum of $110,000. Additionally, the Employer agrees to a section 125 plan to allow for pretax payment of employee insurance co -pays by the employee. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 Section 2. Supplemental Disability Insurance. The City shall continue to provide supplemental coverage. The Guild may elect to have a LEOFF II Supplemental Disability Income Plan: In that event, the Employer shall provide for mandatory payroll deduction for a LEOFF II disability plan selected and administered by the Guild. Participation shall be a condition of employment for all LEOFF II employees. Other than payroll deduction, the City shall have no responsibility for administration of this benefit. Section 3. HRA VEBA Plan. The City will establish a HRA VEBA Plan, health reimbursement arrangement, that will at a minimum provide for: (a) eligibility for all bargaining unit employees, (b) irrevocable selection for the group of mandatory participation as defined by the plan, (c) immediate vesting of all contributions, (d) reimbursement of qualified out -of- pocket medical care as defined by the IRS for medical expense deductions under Section 213 of the Internal Revenue Code, and (e) transfer of an account to a surviving spouse /eligible dependent for use for eligible medical expenses upon the death of the employee. Effective January 1, 2017, each bargaining unit employee will receive a one -time City lump sum contribution of $250 into the employee's HRANEBA account, which the City will contribute by the first pay period of the year (January 20th), provided that the City has received all HRANEBA enrollment forms from the membership. The City will provide enrollment forms to each employee upon ratification of this Agreement. Effective January 1, 2018, each bargaining unit employee will receive a one -time City lump sum contribution of $250 into the employee's HRANEBA account, which the City will contribute by the first pay period of the year (January 20th). The City will provide enrollment forms to new employees upon hire. Should an unforeseen delay occur with the City contribution, the City will notify the Guild when it becomes aware of such delay. City contributions will be made to the Standard HRA, which allows for active access of HRANEBA funds, provided that the employee is covered on the City's health insurance plan or covered on another qualified group health plan. Should an employee not meet the coverage criteria, the City contribution will be made to a Post - Separation HRANEBA account and funds would not be available to the employee until after separating from service. The City will make no other contributions to the plan. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 ARTICLE 10: MISCELLANEOUS Section 1. Auto /Auto Reimbursement. a. (i) Take Home Cars. Upon the completion of the probationary period, bargaining unit employees who live within the City limits and /or PAA (Potential Annexation Area) shall be issued take home vehicles which may be used to commute to and from work and for transportation to all matters arising directly from the officer's employment as a police officer, including extra -duty employment. Also, school resource officers who live within the City limits, the on -call detective, K -9 officers, employees assigned to SIU, and traffic officers assigned to motorcycles shall continue to be issued take home vehicles in accordance with current practice. a. (ii) The Study Of Take Home Car Program A labor management committee shall be established to study and discuss the pros and cons of expanding the boundary for take home cars and submit its findings for biennial budget discussions. a. (iii) Employee Vehicles All employees who have been authorized to use their own transportation on City business shall be reimbursed for actual mileage at the then current reimbursement recognized by the Internal Revenue Service. Section 2. Appearances Before the Civil Service Commission, PERC, or Labor Arbitrators. Employees who are requested by the City to attend proceedings before the Civil Service Commission, PERC, or a labor arbitration may attend without loss of pay. Employees called solely as a fact witness (as opposed to a grievant, etc.), shall be allowed to testify without loss of pay only during the time of their testimony. The parties will cooperate in scheduling such witnesses so as to minimize any disruption to the Department. Section 3. Guild Negotiating Committee. Up to three employees who serve on the Guild Negotiating Committee shall be allowed time off from duty to attend negotiating meetings with the City. Section 4. Guild Business. The Department shall afford Guild representatives a reasonable amount of time while on -duty to consult with appropriate management officials, Guild counsel and /or aggrieved employees, provided that the Guild representatives and /or aggrieved employees contact their immediate supervisors, indicate the general nature of the business to be conducted, and request the necessary time off. Such time off will not be allowed whenever the City reasonably determines it will interfere with Department operations and Guild representatives shall not use excessive time in handling such responsibilities. The Guild shall give the City as much advance notice as reasonably possible of such time off requests. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 Section 5. Bulletin Boards. The City shall permit the use of a bulletin board by the Guild for the posting of notices relating to official Guild business, so long as the matters posted are not discriminatory or otherwise unduly interfere with the operations of the Department. Section 6. Damage of Personal Effects. Employees who, in the line of duty, suffer damage to personal property and /or clothing, will have same repaired or replaced at Department expense. Damage caused by ordinary wear and tear will not be covered, and replacement will be limited to personal effects of regular and ordinary value (i.e. -no Rolex watches). Section 7. Personnel Files. Employees shall have access to complete copies of their personnel files at any reasonable time. The employee may request removal of material that he /she believes is erroneous or irrelevant. If the employee does not agree with the City's decision, he /she may prepare a statement responding to or supplementing the material in the file, and that statement will be placed in the file. Employees may request that written reprimands be expunged from personnel files after a minimum period of three years if there is no recurrence of similar misconduct for which the employee was disciplined during that period. Employees may request that records of more serious discipline be expunged from personnel files after a minimum period of five years if there is no recurrence of similar misconduct for which the employee was disciplined during that period. Requests for the expunging of disciplinary references in personnel files, pursuant to this section, shall not be unreasonably denied. Nothing in this section shall be construed as requiring the City to destroy any employment records necessary to the City's case if it is engaged in litigation in any way related to that employee's employment at the time those records would otherwise be destroyed. Section 8. Uniforms and Equipment. a. (i) Department Issued Uniforms and Equipment As detailed more fully in a Memorandum of Agreement between the parties agreement on uniforms, all commissioned officers shall be furnished required uniforms and equipment. a. (ii) Dry - Cleaning Uniforms shall be dry- cleaned at the City's expense as necessary. a. (iii) Annual Allowance All employees shall be paid an annual allowance per the schedule below for reimbursement for expenses incurred in the purchase of job - related footwear, clothing, and pre- approved accessories. No such payment will be rolled over to the next year in the event an employee does not purchase job - related footwear, clothing, or accessories during a year. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 • Officers assigned to the Criminal Investigations Section property crimes or crimes against persons units will be paid up to $600 per calendar year. This amount is expected to cover the cost of clothing needed in the investigations unit (sport coats, crime scene clothes, etc.), accessories, and uniform footwear. • Traffic officers assigned to motorcycles shall be paid up to $325 per calendar year. This amount is expected to cover the cost of required footwear, clothing, accessories, and eye protection. • All other employees will be paid up to $200 per calendar year. This amount is expected to cover the cost of accessories, footwear, and other items of clothing needed in uniform service. If an employee is transferred to CIS during a calendar year, the combined total reimbursement is capped at $600 for that year, regardless of whether the employee used some allowance funds earlier in the year. Likewise the total reimbursable expense is capped at $325 for new motorcycle officers. Section 9. Jury Duty. An employee required by law to serve on jury duty shall continue to receive salary for up to forty (40) hours for each separate occasion the employee is required to serve, shall be relieved of regular duties, and assigned to day shift for the period of time so assigned to jury duty. The fees, exclusive of mileage, paid by the Court for jury duty shall be forwarded to the City. The City shall have the right to request the court to excuse the employee from any or all jury duty if there are circumstances that would make the absence of the employee an undue hardship on the City or other personnel. When an employee is notified to serve on jury duty, he /she will inform his /her immediate supervisor as soon as possible, but not later than two weeks in advance, regarding the dates of absence from regular duties. Officers who have time remaining on their shift at the time of release or dismissal from jury duty shall immediately contact their supervisor to determine whether they should report for duty. Section 10. PIO / OPS / PSO. The duties currently performed by the Public Information /Crime Prevention Officer and the duties previously performed by the bargaining unit employee assigned to the Office of Professional Standards may be assigned to non - bargaining unit employees employed by the City. Section 11. Community Center. Guild members will be eligible to participate in the Federal Way Community Center's employee discount program pursuant to the Employee Guidelines. The parties recognize the City may need to make changes to the program. In the event the City desires to make changes, the City shall give the Guild at least ten (10) days' notice of the desired change. The Guild may request bargaining of the issue, and the City thereafter will meet with the Guild in an effort to resolve the issue. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 Section 12. Domestic Partner /Partnership a. Requirements. In order to constitute a domestic partner under this agreement an employee must sign an affidavit stating that both parties are: (i) Not related by blood closer than would bar marriage in Washington State. (ii) Not married to another or in any other domestic /civil partnership. (iii) 18 years of age. (iv) Competent to contract when the domestic partnership began. (v) Each other's declared sole domestic partner. (vi) Currently sharing primary residence /mutual support/intend indefinitely. (vii) In an intimate, committed, and exclusive relationship (viii) Of the same sex and /or opposite sex and responsible for each other's common welfare. b. Benefits. (1) A person whom an employee identifies as his or her domestic partner by completing an Affidavit of Domestic Partner will be treated as and provided the same benefits as an employee's "spouse" / "dependent" for all purposes under this agreement. (ii) A dependent child of a person whom an employee identifies as his or her domestic partner by completing an Affidavit of Domestic Partner will be treated as and provided the same benefits as an employee's "child" / "dependent" for all purposes under this agreement. Section 13. Tuition Reimbursement a. (i) The City will reimburse employees for the cost of tuition and for the cost of books, for prospective requests only, as long as the subject matter of the specific course or course of study is job - related and the tuition costs do not exceed those found at the University of Washington. a. (ii) In order to obtain the reimbursement, the bargaining unit member must successfully complete the course, attaining a C grade or higher and must reimburse the City if they leave the City's employ within two years of class completion. a. (iii) The City shall make twenty thousand dollars ($20,000.00) per year available to bargaining unit members for tuition reimbursement. If at any time during a year the maximum twenty thousand dollars ($20,000.00) limit is reached, then all subsequent requests for tuition reimbursement shall be denied. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 ARTICLE 11: PROHIBITED PRACTICES Section 1. Neither the Guild nor the City shall initiate, authorize, or participate in any strike, work stoppage, work slow -down, lock -outs, or any other unlawful organized effort that interferes with the efficient operation of the Department. Section 2. Employees covered by this Agreement who engage in any of the actions prohibited in Section 1 above shall be subject to such disciplinary actions as may be determined, up to and including discharge and termination, by the City. The Guild agrees that the level of any such disciplinary action issued by the City shall be final and binding, and in no case be construed as a violation by the City of any provision of this Agreement. ARTICLE 12: REDUCTION -IN -FORCE Section 1. Layoff. Employee layoffs shall be made on the basis of job performance and seniority. Absent significant and material distinctions in job performance, the employee with the least amount of seniority shall be laid off first. Relative job performance shall be determined on the basis of qualifications and job performance evaluations. Section 2. Recall. Employees laid off in accordance with the provisions of this Article will be offered reinstatement into future vacancies of the same classification in the inverse order of layoff, for a period of one year from the date of layoff. An employee that has been laid off must keep the City informed of their current address and phone number. An employee who fails to report for duty within three days of being recalled (or commits to return within three days, even though he /she cannot actually return for up to two calendar weeks due to the requirement to give notice to an interim employer), or who rejects an opportunity for reinstatement, shall be removed from the recall list. ARTICLE 13: DISCIPLINARY INVESTIGATIONS Section 1. Criminal Investigations. In criminal matters, an employee shall be afforded the Constitutional rights available to any citizen. Section 2. Disciplinary Definitions. For purposes of this article, "discipline" means verbal warnings, written reprimands, suspension without pay, a withheld step, demotion, and discharge. "Consequential discipline" means suspension without pay, a withheld step, demotion, and discharge. "Corrective discipline" means verbal warnings and written reprimands. "Disciplinary Investigation" includes standards investigations done by the Police Department and investigations done by Human Resources or an agent thereof. "Interrogation" means any questioning of a subject employee by an agent of the City who is conducting a disciplinary investigation. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 Section 3. Just Cause. No employee shall be subject to discipline except for just cause. Section 4. Off -duty Misconduct. An employee who engages in off -duty misconduct may be subject to discipline when: (1) the off -duty misconduct, if known, would harm the City's reputation in the community; (2) the off -duty conduct materially affects the employer's business operation; or (3) the conduct is inconsistent with the office that the police officer holds. Section 5. Disciplinary Investigations. In disciplinary investigations the following guidelines shall be as follows: a. The Department will notify a member of the Guild E- Board: 1. Prior to serving an employee with notice of the disciplinary investigation; 2. Prior to interviewing subject employee; and 3. Of the results of an investigation after it is completed. b. The subject employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him /her of the matter. Nothing herein shall operate as a waiver of the Guild's right to request information. c. Employee will be given reasonable notice of scheduled interview times unless such notice would jeopardize the successful completion of the investigation. The notice will also: 1. Advise the employee whether s /he is being interviewed as a witness or is the subject of the investigation (is accused of wrong- doing); 2. Advise the subject employee of his /her right to have a Guild representative present at the interview. Neither the investigator nor the police administration will discourage the presence of a Guild representative; and 3. When a subject or witness employee states a desire to have representation present, the Department will allow a reasonable time for the employee to summon representation. d. Interrogations shall take place at the City Police Department and will occur during the employee's normal work hours; during the employee's assigned administrative leave hours; or at a time and place agreed upon by the interviewer and the Guild. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 e. During the interrogation and before questioning occurs, the investigator will inform the employee that failure to fully and truthfully answer questions may result in disciplinary action up to and including termination. f. Questioning shall not be overly long and the employee shall be entitled to such intermissions as are reasonably necessary. The employee shall not be subjected to any offensive language or abusive questioning, nor shall he /she be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his /her resignation. g. The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a condition of continued employment. Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings, except by stipulation of the parties to this Agreement. h. The Department shall tape record the interrogation of a subject employee. Upon request, a copy of the tape and the transcript will be provided to the Guild. For all Guild witnesses (other than the subject employee), the Department will either tape the interview or seek a written statement, which will become part of the investigation and will be provided to the Guild upon request. Disciplinary investigations shall be concluded in a reasonable time. Section 6. Pre - Discipline Meetings. Prior to the imposition of corrective or consequential discipline, the Department shall provide a complete copy of the investigation file to the Guild. In addition, the Department shall notify the Guild of the proposed level of corrective or consequential discipline. In cases where corrective or consequential discipline is recommended, the subject employee and /or the Guild may meet with the Chief of Police or his /her designee to provide mitigating circumstances related to the disciplinary action being considered. Section 7. Imposing Discipline. The Department shall provide written notice to the subject employee and the Guild of the imposed discipline, including a summary of the factual conclusions and the policies, procedures and /or standards violated. Verbal reprimands are subject to steps 1 through 4 of the Article 14 Grievance Procedures; written reprimands are subject to steps 1 through 5 of the Article 14 Grievance Procedures. Consequential discipline is subject to all steps of the Article 14 Grievance Procedure. Section 8. Purging of Disciplinary Records. An employee may request removal (purging) of his /her disciplinary records consistent with the Department's Manual of Standards Section 26.1.8 and State retention schedule for government records. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 ARTICLE 14: GRIEVANCE PROCEDURE Section 1. Grievance Procedure Steps. a. Any grievance that may arise between parties concerning the application, meaning, or interpretation of this Agreement, shall be settled in the manner prescribed by this grievance procedure. b. A "Grievance" is defined as a claim or dispute by an employee, group of employees, or the Guild concerning the interpretation or application of the provisions of this Agreement. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his supervisor or department head without representation by the Guild, as provided by State Law. c. Should a subject for claim or dispute arise, there shall be no stoppage of work by employees, but an earnest effort shall be made to settle such claims or disputes promptly and in the manner hereinafter outlined. Step 1 An employee or a group of employees claiming to have a grievance shall discuss the complaint with the immediate supervisor within ten (10) calendar days of the alleged occurrence, or when they reasonably should have known of the alleged occurrence. Step 2 The supervisor shall attempt informal resolution of the grievance within seven (7) calendar days after it is presented. Step 3 Provided the grievance is not settled satisfactorily at step 2, it may be presented to the Police Chief (or designee) by the Guild within seven (7) calendar days of the supervisor's response or the expiration of the time limit in step 2. The submission shall be in writing, setting forth the nature of the grievance, the articles of this agreement allegedly violated, and the requested remedy. Step 4 The Police Chief or designee shall attempt to settle the grievance within ten (10) calendar days after it has been presented, and shall respond in writing. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 Step 5 If the grievance is not settled by the Police Chief within the time allowed, it may be presented in writing to the Mayor, with a copy to the Manager of Human Resources, by the Guild within seven (7) calendar days of the Police Chief's response or the expiration of the time limit in step 4. Step 6 The Mayor shall have fourteen (14) days to review the grievance. If the Mayor does not respond or otherwise settle the grievance within the fourteen -day period, the grievance shall be automatically advanced to Step 7, and shall not be forfeited by either party. Step 7 a. If the grievance is not settled at Step 6, and involves a matter other than discipline, the dispute will be referred to the negotiating committee of both parties. The two committees shall meet within ten (10) calendar days to consider the dispute. At that meeting, all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. If no satisfactory solution is reached in this step, the matter may be submitted in writing to arbitration within thirty (30) calendar days of the conciliation meeting. b. If the grievance is not settled at Step 6 and involves discipline other than an oral or written warning, the matter may be submitted, in writing, to arbitration within thirty (30) calendar days of the date that the Mayor's review is due. Oral and written warnings may only be grieved through step 6 of this procedure. However, if the City attempts to introduce prior oral or written warnings in a subsequent discipline case that is subject to arbitration, the City shall be required to prove that it had just cause to issue those prior oral or written warnings as well as the instant discipline. Section 2. Arbitration Panel. The City and the Guild shall try to agree upon a mutually acceptable arbiter. If the parties fail to agree, they shall request a list of seven (7) arbiters from the Federal Mediation and Conciliation Service, with all arbiters being members of the National Academy of Arbitrators. The parties shall alternatively strike from the list until only one name remains. The decision of the Arbitrator shall be final and binding on the parties. a. The Arbitrator shall make his /her own rules of procedure. The Arbitrator shall have no authority to amend, alter, or modify this Agreement or its terms, and shall limit his /her decision solely to the interpretation and application of this Agreement. b. Each grievance or dispute will be submitted separately except when the City and the Police Guild mutually agree to have more than one grievance or dispute submitted to the Arbitrator. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 c. The losing party shall bear the expense of the Arbitrator. The losing party shall be denominated in the award. When there is no winning party, the cost of the Arbiter shall be borne equally by the parties. d. All other costs and expenses will be borne by the party incurring them, including the costs of representation. e. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an award. Section 3. Time Limits. Time limits will be strictly adhered to, but may be extended by mutual written agreement upon reasonable request, except for situations where no timely grievance is filed. While forfeiture under this clause will finally resolve the matter in dispute, it will not establish a precedent between the parties on issues of contractual interpretation. Section 4. Multiple Procedures. In the case of disciplinary actions, both appealable to the Civil Service Commission and grievable under the terms of this contract, a written election of remedies shall be made after receipt of the Step 6 response. An employee may elect to either pursue an appeal to the Civil Service Commission or continue with the contractual grievance procedure, but not both. If mutually agreed, time limits will be extended up to 30 days to complete a reasonable investigation before the selection of remedies is made. An appeal will be timely under the Civil Service rules if it is filed within ten (10) days of the completion of step 6 of the grievance procedure. Section 5. Step 3 Submission. In those instances where disciplinary action is based on reasonable evidence of the commission of a crime, or the proposed discipline involves suspension or termination of the employee, Step 3 of the Grievance Procedure will be initiated immediately. Section 6. Just Cause Standard. No employee may be discharged, suspended without pay, demoted (except as provided below) or disciplined in any way except for just cause. The City may withhold a step increase, for a specified period of time, for just cause. Section 7. Probationary Period. All newly hired must serve a probationary period. The probationary period for newly hired employees shall end one year from the date the employee completes the training academy and receives his /her commission. The probationary period for lateral hires shall end six (6) months from the date the employee is hired. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period; provided that the taking of scheduled and approved vacation shall not be counted toward the ten day period The probationary period is an extension of the hiring POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 process; therefore, the provisions of this Article will not apply to employees if they are discharged during their initial probationary period for not meeting the requirements of the classification. Grievances brought by probationary employees involving issues other than discharge or demotion may be processed in accordance with this Article. Section 8. Parties to the Agreement. In as much as this is an agreement between the City and the Guild, no individual employee may make use of the provisions of this Article, except as expressly provided above. ARTICLE 15: NONDISCRIMINATION The Employer and the Guild shall not unlawfully discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on any basis prohibited by law. Claims of unlawful discrimination shall not be processed in accordance with the grievance procedure denominated herein. The Employer and the Guild agree that they will cooperate in complying with the Americans with Disabilities Act. ARTICLE 16: DRUG TESTING Section 1. Reporting to work under the influence of alcohol and /or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and will result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the Employer if they are using prescription or other over - the - counter drugs they know or reasonably should know may impair their ability to perform job functions and /or operate machinery such as automobiles. psis In such situations, the following process shall apply: a. If the officer has been specifically informed by his /her physician that the drug(s) will not impair performance or the ability to operate an automobile, the officer is not required to make a disclosure to the Department. b. In cases where an officer makes an advisement to the Department, the Chief shall determine whether the drug could impair the ability of an officer to operate an automobile or perform other job functions (hereafter "impair performance "). In situations where the answer to that question is not otherwise clear to the Chief, or in cases where the officer believes that there will be no impaired performance, the Chief will seek the expertise of a medical professional to determine whether the drug(s) could impair performance. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 c. If the medical professional consulted by the Chief states that the drug would not impair performance, or if the Chief is otherwise able to make this same determination, the officer will be so informed and no further action will be taken. d. If the medical professional concludes the drug could impair performance, or if otherwise required pursuant to this Agreement, the officer will provide written authorization from a physician that the drug will not impair performance. In responding to the request, the physician will only be asked to confirm that the drug will not impair performance, and will not be asked to provide an further information to the Chief. e. If the physician determines that the drug could impair performance that information will be provided to Human Resources for a determination of whether accommodations can be made. Any information provided to the City will be placed in an ADA compliant confidential file, and will not be put in the officer's personnel file. Any required contact employees have with their own physician related to the requirements of this Agreement may be done during work hours, provided it is at a time that does not interfere with other duties. If an employee is required to be physically examined by his /her own physician as a condition of opining of the effects a particular drug may have on the employee's work performance, that examination shall be considered time worked. Any voluntary request by an employee for assistance with his /her own alcohol abuse problem will remain confidential and shall not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in serious criminal conduct, whether drug related or not. Section 2. Where a supervisory employee of the City has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is abusing the use of prescription or over - the - counter drugs, or is using illegal drugs, the employee in question will be asked to submit to discovery testing. Such tests include breath tests, urinalysis and /or blood screens to identify any involvement with alcohol or such drugs. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 An employee who refuses to submit to discovery testing for alcohol and /or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Article, and therefore will be subject to discipline, including immediate discharge. Section 3. For the purpose of administering this Article the following definition of terms is provided: a. Reasonable Suspicion. Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts, that discovery testing will produce evidence of a violation of this policy; b. Under the Influence. In determining whether an employee is under the influence, the following cutoff levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: (Nanograms per milliliter) (ng /ml) Test Level Amphetamines 1000 Barbiturates 300 Benzodiazepines 300 Cannabinoids 100 Cocaine metabolites 300 Methadone 300 Methaqualone 300 Opiates (Codeine) 300 Opiates (Morphine) 300 Phencyclidine (PCP) 25 Propoxyphene 300 Level of the positive result for alcohol 0.04 blood alcohol c. Illegal Drugs. All forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, for which sale, purchase, transfer, or unauthorized use or possession is prohibited or restricted by law. d. Over - the - Counter Drugs. Are those drugs that are generally available without a prescription and are limited to those drugs that are capable of impairing the judgment of an employee to safely perform the employee's duties. e. Prescription Drugs. All drugs that are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner /physician or dentist. Section 4. If an employee is required to submit to a drug test, the following procedure shall be followed: a. The employee shall be given notice of an opportunity to confer with a Guild representative, if one is readily available. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 b. The employee shall be given an opportunity to explain the reasons for the employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to employee, to the test administrator. The Guild representative may be present during this discussion. c. The Employer may request urine and /or blood samples. d. Urine and blood samples shall be collected at a local laboratory, hospital or medical facility. The Employer shall transport the employee to the collection site. The Employer and /or Guild representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. The employee shall not be observed by the Employer when the urine specimen is given. e. All specimen containers, vials, and bags used to transport the specimen, shall be sealed to safeguard their integrity (upon request, in the presence of the Employer, employee and Guild representative) and proper chain -of- custody procedures shall be followed. f. The collection of the samples shall be performed at CHEC Medical Center and the testing at Drug Proof, or at another collection center or laboratory mutually agreed to by the parties. The results of such tests shall be made available to the Employer and the Guild. g. If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography /mass spectrometry tests. The specimen must show positive results at/within the following limits on the GC /MS (gas chromatography /mass spectrometry) confirmatory test to be considered positive: h. If immunoassay is specific for free morphine, the initial test level is 25 ng /ml. Section 5. Confirmatory Test. Marijuana metabolites 15 ng /ml Cocaine metabolites 150 ng /ml Opiates Morphine 300 ng /ml Codeine 300 ng /ml Phencyclidine 25 ng /ml Amphetamines Amphetamine 500 ng /ml Methamphetamine 500 ng /ml Section 6. At the employee's or the Guild's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Guild for testing. The cost POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 of this test will be paid by the Guild or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. Section 7. The employee and the Guild (upon consent of the employee) shall be informed of the results of all tests, and provided with all documentation regarding the tests as soon as the test results are available. Such disclosure shall be in conformance with the Americans with Disabilities Act. Section 8. The parties designate the Medical Review Officers (MRO) provided by AWC to review all confirmed positive test results and communicate those results to the Employer. An MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standards enumerated herein. The MRO shall retain all records of all positive tests for at least five years and records of all negative tests for at least one year. Section 9. If the results of the drug test are positive, and support a conclusion that the employee used an illegal drug, abused the use of a prescription or over -the- counter drug, or reported to work while under the influence of alcohol, the employee shall be subject to discipline, including immediate discharge. ARTICLE 17: SENIORITY The term seniority as used in this Agreement will be defined as total service as a police officer for those officers hired before July 15, 1997, and as total service as police officers with the City of Federal Way for employees hired thereafter. However, previous service as a Federal Way police officer will not be considered for employees rehired after three years or more of separation from the Department. ARTICLE 18: SAVINGS CLAUSE Should any provision of this Agreement be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, such invalidation shall not invalidate the remaining portions hereof; provided, however, upon such invalidation the parties agree to meet and negotiate the affected provision(s). The remaining provisions shall remain in full force and effect. ARTICLE 19: WAIVER CLAUSE The parties acknowledge that each has had the unlimited right within the law and the opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Guild, for the duration of this Agreement, each agree to waive the right to oblige the POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement if known to that party at the time of execution. ARTICLE 20: DURATION This agreement shall be effective until December 31, 2018. Except as otherwise provided by the express terms of this Agreement, all terms and conditions of this agreement shall become effective on the date of signing. DATED this day of , 2016. CITY OF FEDERAL WAY: FEDERAL WAY POLICE GUILD: Jim Ferrell, Mayor Richard Kim, Guild President Approved as to form: Interim City Attorney, J. Ryan Call POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 APPENDIX A WAGES Police Officer: Effective January 1, 2016 a 2.0% increase Step A Step B Step C Step D Step E (0 -12 mo. (13 -24 mo.) (25 -36 mo.) (37-48 mo.) (48 +) $ 5145 $ 5402 $ 5866 $ 6359 $ 6902 Effective January 1, 2017 a 2.0% increase Step A Step B Step C Step D Step E (0 -12 mo. (13 -24 mo.) (25 -36 mo.) (37 -48 mo.) (48 +) $ 5248 $ 5510 $ 5983 $ 6486 $ 7040 Effective January 1, 2018 a 1.5% increase Step A Step B Step C Step D Step E (0 -12 mo. (13 -24 mo.) (25 -36 mo.) (37 -48 mo.) (48 +) $ 5327 $ 5593 $ 6073 $ 6583 $ 7146 Effective July 1, 2018 a 1.5% increase. Step A Step B Step C Step D Step E (0 -12 mo. (13 -24 mo.) (25 -36 mo.) (37-48 mo.) (48 +) $ 5407 $ 5677 $ 6164 $ 6682 $ 7253 The Guild understands that former employees will not receive retroactive pay pursuant to this Agreement. DEFERRED COMPENSATION The City shall maintain a qualified deferred compensation program, requiring the City to match monthly contributions made by bargaining unit employees up to a maximum City contribution of one (1) percent of the employee's base rate of pay. Effective January 1, 2017 the City match to monthly contributions made by bargaining unit employees will increase to a maximum of two (2) percent of the employee's base rate of pay. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 APPENDIX B OVERVIEW FOR CAREER DEVELOPMENT PROGRAM Item 0 -5 years 6th -10th years 11th -15th years 16th year + Career Development Program 0 %* 2.25% 4.25% 6.25% City Residency 1% 1% 1% 1% A. A. Degree 2% 2% 2% 2% Bachelor's Degree 4% 4% 4% 4% * Current Employees with less than 5 years or less experience as a commissioned police officer who are receiving Career Development Pay will be grandfathered and will continue to receive such pay. Employees who have a Masters Degree shall receive pay for a Bachelor's Degree provided however that employees who have a Masters Degree as of January 1, 2005 and have five total years or less of experience as a commissioned police officer will be grandfathered and will continue to receive 5% education pay. Upon the beginning of their 6th year, and thereafter, such employees shall receive pay for a Bachelor's Degree. Placement on the schedule is based on total years of experience as a commissioned police officer regardless of whether such experience is with the City or other jurisdictions. The steps under this schedule are not cumulative and an employee is only entitled to the percentages under the step (i.e. 0 -5 years, 6th -10th years, 11th -15t years, 16th year +) he /she is currently at. Officers must be off probation to receive Career Development Pay. The maximum percentage that an employee may receive through the Career Development Program is 10.25% including residency. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 An employee who is in the Career Development Program and establishes residency in the City shall immediately begin receiving Career Development Residency pay. An employee who is in the Career Development Program and leaves residency in the City shall immediately cease receiving Career Development Residency pay. rate. The percentages set forth above are calculated on and added to the base Matrix Requirements (at least one of the following three): 1. Formal education (at least 2 credits) at an accredited college or university, or or 2. Obtain at least 50 hours of specialized or in- service training annually, 3. Serve in a specialized or collateral assignment. a. Specialized Assignments: SRT, SROs, Commons, Resource Centers, FTO, CIS, Traffic Unit, Bomb Unit, K -9, Basic Academy Tac Officer. b. Collateral Assignments: Firearms Instructor, Defensive Tactics Instructor, First Aid Instructor, Motor Instructor, EVOC Instructor, SFST Instructor, Traffic School Instructor, BAC Instructor, Radar Instructor, MATT Team, Drug Recognition Expert ( "DRE "), DRE Instructor, and Civil Disturbance Unit ( "CDU ") and such other assignments as mutually agreed by the parties. Review of officer performance in the Career Development Program Matrix will occur at time of the officer's performance appraisal. Failure to meet requirements of program will result in loss of Career Development Program percentage only for a minimum of one (1) year. A failure to meet the requirements of the program will not result in the loss of education and /or residency pay. In any year in which the City fails to fund or offer training or tuition reimbursement at the level of public universities in the State of Washington, the continuing education requirements to participate in the Career Development Program will be waived. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 APPENDIX C DETECTIVES Proposition Model: Adding 4 detectives Day Shift 0600 — 1600 Swing Shift 1100 - 2100 Persons Unit 5 1 Property Unit 5 1 Family Unit 2 (new positions) 2 (new positions) 12 4 • Total of 16 detectives • Modify a lieutenant schedule to cover Swing Shift hours • Detectives will work Monday — Friday (Saturday's excluded) • Detective can adjust schedule with supervisor approval — current practice TRAFFIC UNIT • Proposition Model: Adding 4 Traffic Officers (3 motorcycle and 1 car) • Work Days: Monday — Saturday • Hours: 0600 — 2100 • Motorcycle Officers will work day light hours (some will be adjusted for Winter and Summer seasons) • Accident Cars will work Day and Swing Shift hours, (i.e., to 2100 hours) • If DUI Officer is assigned to Traffic Unit, the hours will be into early morning hours, i.e. 0400 hours. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2016 -2018 COUNCIL MEETING DATE: November 15, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 7d SUBJECT: 2017 FEDERAL AND STATE LEGISLATIVE PRIORITIES POLICY QUESTION: Review and discussion of draft 2017 Legislative Priorities. COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® City Council Business ❑ Ordinance [ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Steve McNey, Community Outreach Coordinator DEPT: Mayor's Office Background: On an annual basis, the City of Federal Way produces a list of state legislative priorities to affect legislation and regulations as they relate to the interest of the City of Federal Way and its residents. Working with the City's lobbyist and Councilmembers, the Mayor's Office produced the draft City of Federal Way 2017 Federal and State Legislative Priorities for Council review and input. This year's legislative priorities define areas of interest for the City for the 2017 session. This document is intended to guide the City's lobbying activities. Identified priorities focus on areas of potential legislation and potential funding requests in the areas of economic development, capital projects, law enforcement resources, as well as areas of governmental reform. Attachments: 2017 Legislative Priorities (Will b-e P��d 414or PriDri o -1 rna�fin9� Options Considered: 1. Review and give guidance on the draft of the 2017 City of Federal Way Legislative Priorities. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: CHIEF OF STAFF: N/A / /chi/ •� Committee Coun N/A Committee Council + rb COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 10/01/2014 1ST reading Enactment reading ORDINANCE # RESOLUTION # A�ALCITY OF Federal Way State (DRAFT) Leaislative Prioritie Public safety is the number one priority of the City of Federal Way. The City urges the Legislature to provide adequate and sustainable funding to maintain high - quality statewide training for law enforcement personnel. In addition to this request, Federal Way seeks a capital budget funding in the sum of $250,000 to add new and replace outdated or obsolete Safe City cameras. 4mo Federal Way is seeking funding to combat the rise in opioid addiction and to address the dire conditions of persons without shelter. These monies would address homeless services, such as the Federal Way Homeless Services Encampment Initiative — a three - tiered approach which focuses on: • Coordination of service providers from the city and region; • Providing care, compassion, and referral of available services to those in need; and • Initiating the cleanup of encampments to address environmental concerns and damage to public and private property. The City of Federal Way is also seeking capital funds to help secure a center for homeless youth to be run in coordination with Auburn, Youth Resources. The City of Federal Way is seeking $1 million in capital funds for a kitchen upgrade to the Performing Arts & Event Center. This upgrade will be utilized by the Native American Culinary Institute in partnership with the Muckleshoot Indian Tribe. The new Performing Arts & Event Center will be a year -round conference & event center with a 716 -seat theater hosting world -class talent, as well as art education and culinary education programs. IF City Center Access Project (1 -5 Interchange at S 320th Street): Scope: Complete environmental documentation and Interchange Justification Report (IJR) for the City Center Access Project. The proposed project will incorporate one of two alternatives for modifying current access at the interchange of 1 -5 with South 320th Street in Federal Way. Purpose and Need: The environmental documentation and IJR are the first step in improving traffic flow conditions resulting from the failing safety and level of service (LOS) at the S 320th / 1 -5 Interchange. This will combine local city street intersection improvements with new arterials to improve poor traffic flow conditions resulting from the failing safety and level of service (LOS) at the South 320th Street/1 -5 interchange. Schedule: Complete IJR: 2018. Start Right -of -Way Acquisition: 2019. Budget/ Funding: $1.5 Million Earmark Request: $1.0 Million The City of Federal Way supports fully funding the Public Works Trust Fund in order to keep up with the growing demand for infrastructure improvements and to support job creation, economic vitality, and enhance quality of life. The City of Federal Way recently completed i a higher education needs assessment. This • assessment shows a clear need for increased higher educational opportunities in our community. Federal Way has been in communication with the University of Washington- Tacoma and Washington State University to determine their interest in a downtown Federal Way site location. Federal Way asks the Legislature to support this endeavor and provide the necessary assistance to allow this exciting venture to come to fruition. Federal Way supports updating the Public Records �. Act so cities can continue to provide open T� and transparent government services to Washington residents. The Legislature should maintain funding for the Municipal Research and Services Center (MRSC) to provide vital support for local government performance. COUNCIL MEETING DATE: November)', 2016 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2017/2018 BIENNIAL BUDGET POLICY QUESTION: Should the City Council adopt the 2017/2018 Budget based on the Mayor's Proposed Budget? COMMITTEE: FEDRAC MEETING DATE: 10/25/2016 CATEGORY: ❑ Consent ❑ City Council Business ® Ordinance ❑ Resolution u Public Hearing Other STAFF REPORT BY: Ade Ariwoola, Finance Director Attachments: 2017/2018 Budget Ordinance and Exhibit A DEPT: Finance Summary/Background: The Mayor submitted the City's proposed 2017/2018 Budget to the City Council for consideration on September 20, 2016. The City Council held sessions on September 28th and 29th, and October 4th and 18th to review and deliberate on the proposed budget. Formal public hearings were held on October 18 and November 1st to allow for citizen comment on the Mayor's Proposed Budget. Options Considered: 1. Approve the 2017/2018 Biennial Budget as amended. 2. Deny approval of the 2017/2018 Biennial Budget and provide direction to staff. MAYOR RECOMMENDATION: Option 1. MAYOR APPROVAL:) ,z// 6 4 � Co mittee ��// Initial/Date CHIEF OF STAFF: ,l M 40/ 4_144 44 Gi.NAIRECTOR APPROVAL: Council Initial/Date tt Cou I I. Crate Initial ate COMMITTEE RECOMMENDAT ON: I move to forward the proposed ordinance first reading to the November 1, 2016 Council meeting. )(s G;t;�• l0 113`1ics lnitial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 15 1ST READING OF ORDINANCE (NOVEMBER II, 2016): I move to forward the proposed ordinance to a second reading and enactment on the se;« Council meeting. °eaar e,1t r 2-011, 2ND READING OF ORDINANCE ( ): "I move approval of the proposed ordinance." D cenn e - I,1 .vi l• (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to budgets and finance, adopting the 2017 -2018 Biennial Budget. WHEREAS, the tax estimates and preliminary budget for the City of Federal Way, Washington, for the 2017 -2018 fiscal biennium have been prepared and filed on September 20, 2016 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the preliminary budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for hearing on the preliminary budget and said notice stating copies of the preliminary budget can be obtained on -line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way having held public hearings on October 4, October 18, November 1, November 9, November 15, and December 6, 2016, and having considered the public testimony presented; and WHEREAS, the budget was modified in response to public comment and direction of Council on October 4, October 18, November 1, November 9, November 15, and December 6, 2016 and a final budget was presented on December 6, 2016; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2017 -18 Biennial Budget. That the budget for the 2017 -2018 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A ( "2017 -2018 Proposed Budgets "). Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Ordinance No. 16- Page 1 of 3 Rev 1/15 Section 3. Severability. 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 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective January 1, 2017. PASSED by the City Council of the City of Federal Way this day of December, 2016. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 16- Page 2 of 3 Rev 1/15 EXH1B IT A 2017 -2018 Proposed Budget Fund 2017 2018 Ending Fund Balance Beginning Fund Balance Revenue Expenditure Beginning Fund Balance Revenue Expenditure General Fund $ 10,034,954 $ 47,908,287 $ 48,223,678 $ 9,719,563 $ 48,133,986 $ 48,853,549 $ 9,000,000 Special Revenue Funds: Street 500,000 4,148,199 4,092,470 555,729 4,199,776 4,255,503 500,002 Arterial Street 100,000 1,515,410 1,515,410 100,000 1,517,273 1,517,273 100,000 Utility Tax 1,842,718 8,918,924 9,261,642 1,500,000 8,918,924 8,918,924 1,500,000 Solid Waste/Recycling 175,352 431,117 503,121 103,348 431,117 504,818 29,647 Special Contract/Studies 408,356 - - 408,356 - - 408,356 Hotel/Motel Lodging Tax 501,765 225,700 224,700 502,765 225,700 224,700 503,765 Community Center 1,516,500 2,200,350 2,216,850 1,500,000 2,254,430 2,254,430 1,500,000 Traffic Safety Fund 2,558,371 3,140,374 3,495,761 2,202,984 3,140,500 3,843,484 1,500,000 Utility Tax Proposition 1 1,077,462 2,921,481 2,998,943 1,000,000 3,074,939 3,074,937 1,000,002 Performing Arts & Event Center - 937,546 937,546 - 1,254,534 986,820 267,714 Community Development Block Gra 40,441 1,237,103 1,277,541 3 1,237,103 1,237,103 3 Paths and Trails 553,356 169,000 - 722,356 169,000 - 891,356 Strategic Reserve 3,000,000 - - 3,000,000 - - 3,000,000 Parks Reserve 750,000 - - 750,000 - - 750,000 Debt Service Fund 2,499,999 9,410,600 9,146,953 2,763,646 813,473 813,473 2,763,646 Capital Project Funds: Real Estate Excise Tax 3,078,496 3,200,000 3,739,023 2,539,473 3,200,000 3,739,473 2,000,000 Downtown Redevelopment 1,912,244 1,000,000 500,000 2,412,244 1,000,000 500,000 2,912,244 Municipal Facilities 53,232 - - 53,232 - - 53,232 Parks 2,143,499 300,000 2,367,163 76,336 300,000 . 300,000 76,336 Surface Water Management 4,234,329 540,000 3,209,988 1,564,341 3,140,000 3,322,000 1,382,341 Transportation 4,420,026 16,915,000 20,036,000 1,299,026 11,443,000 12,663,000 79,026 Capital Project Reserve 481,703 - 129,382 352,321 - - 352,321 Performing Arts & Event Center - 11,278,902 11,278,902 - - - - Enterprise Fund: Surface Water Management 1,082,868 4,070,820 3,999,912 1,153,776 4,058,198 3,956,108 1,255,866 Dumas Bay Centre 648,669 747,251 925,014 470,906 747,251 753,994 464,163 Internal Service Funds: Risk Management 846,398 1,567,843 1,567,843 846,398 1,080,343 1,080,343 846,398 Information Technology 3,098,470 2,081,589 2,028,104 3,151,955 2,026,374 2,043,150 3,135,179 Mail & Duplication 209,252 128,707 151,507 186,452 119,447 119,235 186,664 Fleet & Equipment 5,707,512 1,415,291 1,305,786 5,817,017 1,323,218 890,192 6,250,043 Buildings & Furnishings 2,021,140 483,912 483,912 2,021,140 490,355 490,355 2,021,140 Health Insurance 2,249,828 4,203,500 4,180,000 2,273,328 4,203,500 4,180,000 2,296,828 Unemployment Insurance 1,309,124 268,000 1,050,000 527,124 268,000 50,000 745,124 Grand Total All Funds S 59,056,064 $ 131,364,906 $ 140,847,151 $ 49,573,819 S 108,770,441 $ 110,572,864 $ 47,771,396 Ordinance No. 16- Page 3 of 3 Rev 1/15 8b COUNCIL MEETING DATE: November a1, 2016 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2017 PROPERTY TAX LEVY POLICY QUESTION: Should the City Council increase the regular property tax consistent with the limit factor prescribed by RCW 84.55.0101? COMMITTEE: FEDRAC MEETING DATE: 10/25/2016 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance Attachments: 2017 Property Tax Levy Ordinance, and 2017 Property Tax Certification Ordinance Summary/Background: The City Council held public hearings on October 4, October 18, and November 1st on the proposed 2017/2018 Biennial Budget and 2017 proposed Property Tax Levy. The 2017 proposed Property Tax Levy is based on the 0.251% increase limit plus new construction. Based on preliminary information from the King County Assessor, this would result in a decrease in the tax rate from $1.185 to approximately $1.133 per $1,000 of assessed valuation. Options Considered: 1. Approve the attached proposed 2017 Property Tax Levy Ordinance. 2. Deny approval of the proposed 2017 Property Tax Levy Ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: J4,/,.0 ha 1.4.. ..J �(� of /�j ,(, . W0"--IDIRECTOR APPROVAL: Committee Co, ion Imnal /Dale Initial /Date CHIEF OF STAFF: coy Im COMMITTEE RECOMMENDATION: 1 move to forward the proposed ordinance first reading to the November 1, 2016 Council meeting. .•v 1r1l3)iJ0 Initial /Dale Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): ��,, 1ST READING OF ORDINANCE (NOVEMBER�.i, 2016): "1 move to forward approval of the ordinance to the Council Meeting for enactment." UeCembef , 2016, 2ND READING OF ORDINANCE (-NevEMDE= R-1-5;-201ft): "I move approval of the proposed ordinance." De ember tor 'Milo (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to fixing the property tax amount for the year of 2017. WHEREAS, the City Council of the City of Federal Way has met and reviewed all revenue sources and examined all anticipated expenses and other obligations for the 2017/18 biennium; and WHEREAS, the City Council, in the course of considering the biennium budget, conducted public hearings on October 4, October 18, November 1, November 9, November 15, and December 6, 2016 for the proposed property tax levy for 2017, and proposed revenues and expenditures for the biennium; and WHEREAS, the City Council, after hearing and duly considering all relevant evidence and testimony, determined that it is necessary and advisable to authorize an increase in regular property tax consistent with the limit factor prescribed by RCW 84.55.0101 to discharge the expected expenses and obligations of the City; and WHEREAS, the City Council has resolved to levy a property tax consistent with RCW 84.52.043. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Levy. There shall be and there is hereby levied against the property in the City of Federal Way, Washington, a municipal regular property tax for the year 2017 for the purpose of paying expenses and discharge obligations of the City in the amount of Ten Million Nine Hundred Thousand Dollars ($10,900,000). The levy amount shall include (1) an increase in property tax revenue from the previous year of Seventy -Four Thousand Three Hundred and Ninety -Eight Dollars ($74,398) or Seven One Hundredths of a percent (0.71%)., (2) new construction and improvements to property, (3) any increase in the value of Ordinance No. 16- Page 1 of 2 Rev 1/15 state - assessed property, and (4) amounts authorized by law as a result of any annexations that have occurred, as well as applicable refunds already made. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of 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 on January 1, 2017. PASSED by the City Council of the City of Federal Way this day of December, 2016. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE D. COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 16- Page 2 of 2 Rev 1/15 COUNCIL MEETING DATE: November 15, 2016 ITEM #: 8C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Ordinance: for the Adoption of the 2016 King County Washington Surface Water Design Manual and the 2016 City of Federal Way Addendum to the King County Surface Water Design Manual. POLICY QUESTION: Should the City Council approve an ordinance for the adoption of the 2016 King County Washington Surface Water Design Manual and the 2016 City of Federal Way Addendum to the King County Surface Water Design Manual? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 7, 2016 CATEGORY: ❑ Consent n City Council Business ® Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: EJ Walsh, PE; Defuty Public Works Director Attachments: Land Use and Transportation Committee memorandum dated November 7, 2016. Options Considered: 1. Approve an Ordinance for the adoption of the 2016 King County Washington Surface Water Design Manual and the 2016 City of Federal Way Addendum to the King County Surface Water Design Manual. 2. Do not approve an Ordinance for the adoption of the 2016 King County Washington Surface Water Design Manual and the 2016 City of Federal Way Addendum to the King County Surface Water Design Manual and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the November 15, 2016 City Council Ordinance Agenda for first reading. DEPT: Public Works MAYOR APPROVAL: CHIEF OF STAFF: DIRECTOR APPROVAL: Counc Initial /Date Com Init ate Council Initial /Date 101211(0 Initial /Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on November 15, 2016. Kelly Maloney, Chair Ly son`,-Member Mark Koang, Membe PROPOSED COUNCIL MOTION: 1ST READING OF ORDINANCE (NOVEMBER 15, 2016): "I move to forward approval of the ordinance to the December 6, 2016 Council Meeting for enactment." 2ND READING OF ORDINANCE (DECEMBER 6, 2016): "1 move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED /DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1/2015 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 7, 2016 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director - EJ Walsh, P.E., Public Works Deputy Director /j .� Approve an Ordinance for the adoption of the 2016 King County Washington Surface Water SUBJECT: Design Manual and the 2016 City of Federal Way Addendum to the King County Surface Water Design Manual BACKGROUND: To meet the past requirements of the National Pollution Discharge Elimination System (NPDES) permit for surface water controls the City of Federal Way had previously adopted the King County Surface Water Design Manual (KCSWDM) and created and adopted the City of Federal Way Addendum to the King County Surface Water Design Manual. The Federal Way addendum modifies sections of the KCSWDM to adapt it from the County to Federal Way, for example replacing references to the County permitting requirements with reference to the City permitting requirements. On August 1, 2012 the Washington State Department of Ecology issued a new Western Washington Phase II Municipal Stormwater Permit. This permit requires effected Cities and Counties, such as Federal Way, to adopt enhanced Stormwater Design Requirements to meet permit obligations. To meet this requirement, the City of Federal Way, through Title 16 of the Revised Code, has automatically adopted the amended King County Washington Surface Water Design Manual which became effective on April 24, 2016. Following the effective date of the County implementing the new King County Washington Surface Water Design Manual, the City of Federal Way, in accordance with our NPDES permit, is required to amend and adopt the City of Federal Way Addendum to the King County Washington Surface Water Design Manual. Updates to the King County Washington Surface Water Design Manual: King County, a Phase I permittee, was required to update their manual in accordance with the same NPDES permit cycle. City staff provided input at the draft stage to County staff through meetings and workshops, however was not directly involved in the writing, Ecology review or adoption of the Manual. The update included the following significant changes which impact Federal Way: • Updates based on changes in Federal (EPA) and State (Ecology) regulatory enactments and revisions. • Change in watershed modeling practice (switch from event based to period based) which also required King County to update County modeling software. • Updates based on results from studies, analytical research and available treatment product evolution using best available science. • Increased requirements related to construction of stormwater facilities (pipes, outfalls, etc.) on steep slopes. November 7, 2016 Land Use and Transportation Committee Adoption of the 2016 KCSWDM and the City of Federal Way Addendum to the KCSWDM Page 2 Updates to the City of Federal Way Addendum to the King County Washington Surface Water Design Manual: In accordance with the City's NPDES permit, following adoption by King County of the KCSWDM, and no later than December 31, 2016, the City of Federal Way is required to prepare and enact an Addendum to the KCSWDM. As part of the Addendum, the City is required to review the KCSWDM and modify sections required to make it specific to the City of Federal Way. Additionally, as part of our NPDES permit, the City is required to make Low Impact Development (LID) the preferred alternative for development. This requirement has other facets as part of the NPDES permit, however part of it includes adding Section 3.1.2 which adds language to the Addendum specific to implementation of Low Impact Development within the City of Federal Way. The update to the previously enacted Addendum includes the following key revisions: • • Updates to `Terminology Definitions' to reflect changes in both County and City code since the original Addendum was prepared. • Add Chapter 3, `Hydrological Analysis & Design' to incorporate Low Impact Development (LID) standards in accordance with the City's NPDES permit. • Updates to `Code Reference Table' to reflect changes in both County and City code since the original Addendum was prepared. • Updates to `Reference Materials' which includes excerpts from City code to reflect changes since the original Addendum was prepared. • Updates to `Mapping' to reflect City maps that have been updated since the original Addendum was prepared. cc: Day File ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to National Pollutant Discharge Elimination System Phase II Permit Requirements; amending FWRC 16.20.010. (Amending Ordinance Nos. 09 -630, 99 -352). WHEREAS, the Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit ( "NPDES Permit ") on August 1, 2012 pursuant to the requirements of the Federal Clean Water Act — National Pollutant Discharge Elimination System ( "NPDES "); and WHEREAS, the NPDES Permit requires affected cities and counties, such as the City of Federal Way, to adopt Storm Water Design Requirements consistent with the terms of the NPDES permit; and WHEREAS, the proposed regulatory code amendments will serve to better protect the City's natural water resources in terms of both water quality and water quantity; and WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to modify the regulatory code to meet the NPDES Permit requirements and that amending this section is consistent with the applicable provisions of the comprehensive plan; and is in the best interest of the residents of the City; and WHEREAS, the City Council desires to adopt the 2016 Federal Way Addendum to the King County, Washington Surface Water Design Manual, which is attached and incorporated by this reference; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 16.20.010 is hereby amended to read as follows: Ordinance No. 16- Page 1 of 28 Rev 1/15 The N9 2016 King County, Washington Surface Water Design Manual (KCSWDM), the 2016 Federal Way Addendum to the King County, Washington Surface Water Design Manual, the King County Stormwater Pollution Prevention Manual, and the latest edition of the LID Technical Guidance Manual for Puget Sound, as they exist on the effective date of the ordinance codified in this chapter or as hereafter amended, are hereby adopted by this reference. They are referred to in this title respectively as the KCSWDM, Federal Way Addendum, the KCSPPM and LID Manual. Section 2. Severability. 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 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. Ordinance No. 16- Page 2 of 28 Rev 1/15 PASSED by the City Council of the City of Federal Way this day of , 20 . CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 16- Page 3 of 28 Rev 1/15 4-1t4 CITY OF Federal Way Addendum to The King County Surface Water Design Manual Ordinance No. 16- Page -1 of 28 Rev 1 /15 Introduction This addendum to the 2016 King County, Washington Surface Water Design Manual (KCSWDM) applies to development and re- development proposals within the City of Federal Way. The KCSWDM has been adopted to meet the requirements of the Clean Water Act, the Endangered Species Act, State Growth Management Act, and the City's NPDES Permit. This addendum includes minor revisions to the KCSWDM to address the differences between King County's and the City's organization and processes. No major substantive changes have been made to the KCSWDM in order to maintain equivalency in review requirements and level of protection provided by the manual. Addendum Organization The information presented in this addendum is organized as follows: Section 1: Terminology: At times King County and City of Federal Way use different terminology to describe or to refer to equivalent subject matter. This section identifies these terms and the City of Federal Way's equivalent terminology. Section 2: Key Revisions: This section specifically identifies the modifications the City has made to the KCSWDM. Section 3: Code Reference Tables: King County code is referenced in many places throughout the KCSWDM. This section identifies these code references and equivalent City Code where applicable. Section 4: Reference Materials: This section identifies which reference materials provided in the KCSWDM are applicable and which are not. It also identifies if equivalent City of Federal Way reference materials are available. Section 5: Mapping: City of Federal Way equivalents to the Flow Control Applications Map and the Water Quality Applications Map are included in this section. The City's equivalent to the County Landslide Hazard Drainage Areas Map is the City Sensitive /Critical Areas Map available from the Community Development Planning Division. Note: Clarifications and interpretations to the KCSWDM or this addendum will be documented and made available through policy statements within the City's Development Standards. Ordinance No. 16- Page 5 of 28 Rev 1/15 Section 1: Terminology: At times King County and City of Federal Way use different terminology to describe or to refer to equivalent subject matter. This section identifies these terms and the City of Federal Way's equivalent terminology. Critical Drainage Areas (CDA's) - City of Federal Way (CFW) code has no equivalent term or designation. Additional requirements to those outlined in the KCSWDM, if any, will be determined based on information provided in the Technical Information Report for an individual project by the Public Works Director or their designee. Department of Development and Environmental Services (DDES) = City of Federal Way Public Works Department. Department of Natural Resources and Parks (DNRP) = City of Federal Way Community Development Department. Director = City of Federal Way Public Works Director. Drainage facilities restoration and site stabilization guarantee and drainage defect and maintenance guarantee = CFW Performance /Maintenance Bond. King County = City of Federal Way (CFW). King County Code (KCC) = Federal Way Revised Code (FWRC). Check code reference table for equivalent code sections. King County Designated/Identified Water Quality Problem - This determination is made based on review of historic problems at the subject site by the Public Works Director. King County Road Standards = City of Federal Way Development Standards Manual. Master Drainage Planning - Not applicable, no CFW equivalent. Redevelopment (FWRC 16.05.180) See Federal Way Revised Code, Section 16.05.180.for the purposes of determining water quality review requirements For the purposes of determining flow control and other stormwater review requirements, the definition of "redevelopment project" identified in the KCSWDM applies. Sensitive Area Folio = See Sensitive /Critical Areas Map available from the Community Development Planning Division. Urban Planned Development = Not applicable, no CFW equivalent. Ordinance No. 16- Page 6 of 28 Rev 1/15 Water and Land Resources (WLR) Division = City of Federal Way Surface Water Management Division. Zoning Classifications: Where the KCSWDM references Agricultural (A) Zoning, Forest (F) Zoning, or Rural (R) Zoning - These zoning classifications are intended for areas outside of the Urban Growth Boundary, therefore the City of Federal Way contains no equivalent zoning. Refer to city zoning maps to determine which zoning classifications applies to the subject property. Ordinance No. 16- Page 7 of 28 Rev 1/15 Section 2: Key Revisions: This section includes minor revisions to the KCSWDM to address the differences between King County's and the City's organization and processes, as well as to ensure equivalency. Chapter 1: Drainage Review and Requirements The following steps replace Section 1.1.1 of the KCSWDM: Section 1.1.1 Projects Requiring Drainage Review Introduction The following steps shall be used instead of Section 1.1.1 of the KCSWDM to determine drainage review requirements within the City of Federal Way. This process has been modified to meet the City of Federal Way water quality review requirements and thresholds for redevelopment identified in Federal Way Revised Code (FWRC) 19.30.120, Nonconforming water quality improvements. Determining Drainage Review Requirements: Step 1 Is the project or proposed activity subject to City Code Title 16 (Surface Water Management) pursuant to FWRC 16.15.010? 16.15.010 Regulated activities. The following projects or activities are subject to the provisions of this title, unless exempted in FWRC 16.15.020: (1) Single-family residential; or (2) Projects that add 2,000 square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or (3) Projects that propose 7,000 square feet or more of land disturbing activity; or (4) Projects that propose to construct or modify a drainage pipe /ditch that is 12 inches or more in size /depth, or receives surface and stormwater runoff from a drainage pipe /ditch that is 12 inches or more in size /depth; or (5) Collection and concentration of surface and stormwater runoff from a drainage area of more than 5,000 square feet; or (6) Projects which contain, are adjacent to or directly discharge to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area, or a receiving water with a documented water quality problem as determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; or (7) Projects that involve a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s)" means a pollutant that was not discharged at that Ordinance No. 16- Page 8 of 28 Rev 1/15 location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; (8) Projects other than normal maintenance or other than tenant improvements, but including any increase in gross floor area, in any one consecutive 12 -month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement; or (9) Project proposing $100, 000 or more of improvements to an existing high use site. [Note: the dollar amount indicated can be adjusted based on the consumer price index as identified in the KCSWDM in section 1.1.1.] Redevelopment projects that are subject to water quality improvements may phase construction of the improvements as described in FWRC 19.30.120, Non - conforming water quality. Step 2 Projects Subject to Title 16 Projects subject to Title 16 (Surface Water Management) shall determine water quality and stormwater review requirements using Sections 1.1.1.A (Step 3) and 1.1.1.B (Step 4) of this addendum. Projects Not Subject to Title 16 Projects not subject to Title 16 (Surface Water Management) may still be subject to clearing and grading review requirements pursuant to International Building Code (IBC) Appendix J and FWRC 19.120. Projects which are subject to clearing and grading permit requirements, but do not meet the thresholds identified in 1.1.1.B, are subject to the Erosion and Sedimentation Control (ESC) requirements and BMPs of Core Requirement #5 and C.1.4 of the KCSWDM as applicable. Specific ESC requirements shall be determined on a project by project basis during clearing and grading review. Those projects exempt from clearing and grading permit requirements, although not required to be reviewed, are still responsible for implementing Erosion and Sedimentation Control (ESC) measures to maintain a stable site and mitigate offsite impacts. Step 3 1.1.1.A PROJECTS REQUIRING WATER QUALITY REVIEW Water Quality Review (Core Requirement #8) is required for any proposed project (except those proposing only maintenance) that is subject to a City of Federal Way development permit or approval, AND that meets any one of the following conditions: New Development 1. The project adds or will result in 2,000 square feet or more of new impervious surface; OR Ordinance No. 16- Page 9 of 28 Rev 1/15 2. The project proposes 7,000 square feet or more of land disturbing activity; OR 3. The project proposes to construct or modify a drainage pipe /ditch that is 12 inches or more in size /depth, or receives surface and stormwater runoff from a drainage pipe /ditch that is 12 inches or more in size /depth; OR 4. The project contains or is adjacent to "frequently flooded areas" or "special flood hazards" as defined in FWRC 14.05 and 19.142.050; OR 5. The project is located within a Critical Drainage Area, OR Redevelopment 1 (meeting the definition identified in FWRC 19.30.120) 6. Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; OR 7. Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; OR 8. Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; OR 9. Redevelopment which involves the collection and/or concentration of surface and /or stormwater runoff from a drainage area of 5,000 square feet or more; OR 10. Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the Public Works Director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; 11. Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s)" means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; 12. Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in any one consecutive 12 -month period which 1 "Redevelopment" means a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with FWRC Title 16, where the proposed redevelopment meets or exceeds the thresholds set forth, and shall be done in accordance with the approved King County, Washington Surface Water Design Manual or equivalent, as amended. FWRC 19.30.120) Ordinance No. 16- Page 10 of 28 Rev 1/15 exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. The applicant may provide an appraisal of the improvement. The appraisal must be from a source acceptable to the City. The Public Works Director may require the applicant to provide an appraisal from a second source acceptable to the City if the assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by the applicant or required by the City, the greater of the two amounts shall be used. For purposes of determining value under this section, improvements required pursuant to FWRC 19.30.090 (nonconforming development), FWRC 19.30.110 (street/sidewalk improvements), this section (nonconforming water quality improvements) and FWRC 19.135.030 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; 13. Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the Public Works Director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the Public Works Director prior to submission of a redevelopment application determined to trigger application of this subsection, where the Public Works Director determines that the redevelopment requires additional specific controls to address the documented water quality problem. Water Quality Review for "Redevelopment" Projects meeting the "redevelopment" definition and thresholds identified in this section are subject to Core Requirement #8 for the entire site 2 pursuant to the city's Nonconformance code (FWRC 19.30.120). Please note that application of Core Requirement #8 differs between redevelopment and new development as indicated in Section 1.2.8 of this addendum. Step 4 1.1.1.B PROJECTS REQUIRING STORMWATER REVIEW Stormwater Review (KCSWDM's Small Project Drainage Requirements, Core Requirements 1 -9 and Special Requirements 1 -5) is required for any proposed project (except those proposing only maintenance) that is subject to a City of Federal Way development permit or approval, AND that meets any one of the following conditions (see Figure 1.1.1.B for flow chart): 1. The project adds or will result in 2,000 square feet or more of new impervious surface, replaced impervious surface, or new plus replaced impervious surface; OR 2. The project proposes 7,000 square feet or more of land disturbing activity; OR 2 Site (a.k.a. development site) means a single parcel as established by the King County Department of Assessments, or two or more contiguous parcels that are under common ownership or documented legal control, used as a single parcel for purposes of applying for authority from King County to carry out a development/project proposal. For projects located primarily within dedicated rights -of -way, site includes the entire width of right -of -way within the total length of right -of -way subject to improvements proposed by the project. Ordinance No. 16- Page 11 of 28 Rev 1/15 3. The project proposes to construct or modify a drainage pipe /ditch that is 12 inches or more in size /depth, or receives surface and stormwater runoff from a drainage pipe /ditch that is 12 inches or more in size /depth; OR 4. The project contains or is adjacent to "frequently flooded areas" or "special flood hazards" as defined in FWRC 14.05.030 and 19.142.050; OR 5. The project is located within a Critical Drainage Area; OR 6. The project is a redevelopment project 3 proposing $100,0004 or more of improvements to an existing high -use site; OR 7. The project is a redevelopment project on a single- or multiple - parcel site in which the total of new plus replaced impervious surface is 5,000 square feet or more and whose valuation of proposed improvements (including interior improvements and excluding required mitigation and frontage improvements) exceeds 50% of the assessed value of the existing site improvements. If stormwater review is required for the proposed project, the type of review must be determined based on project and site characteristics as described in Section 1.1.2 of the KCSWDM. 3 For the purposes of this section "Redevelopment project" means a project that proposes to add, replace, or modify impervious surfaces for purposes other than a residential subdivision or maintenance on a site that is already substantially developed in a manner consistent with its current zoning or with a legal non - conforming use, or has an existing impervious surface coverage of 35% or more. The following examples illustrate the application of this definition. (KCSWDM Chpt. 1) 4 This is the "project valuation" as declared on the submitted permit application. The dollar amount of this threshold is considered to be as of January 8, 2001 and may be adjusted on an annual basis using the local consumer price index (CPI). Note: January 8, 2001 is the effective date of the ESA 4(d) Rule for Puget Sound Chinook salmon. Ordinance No. 16- Page 12 of 28 Rev 1/15 FIGURE 1.1.1.B Stormwater Review Flow Chart * Project or Act vity Stormwater Review (Small Project Drainage Requirements, Core Requirements 1 - 7 & Special Requirements 1 - 5) Does project meet definition of "redevelopment project" per KCSWDM? Yes No Does the project meet thresholds #s 6 - 7 in Section 1.1.1.B of this addendum? Does the project meet thresholds #s 1 - 5 in Section 1.1.1.B of this addendum? ;es No No Ye_N Stormwater Review Required See Section 1.1.2 of KCSWDM for specific requirements No Stormwater Review Required Stormwater Review Required See Section 1.1.2 of KCSWDM for specific requirements * The requirement to complete a stormwater review is separate from the requirements to conform to the Water Quality Review (1.1.1.A). If water quality is triggered, but a stormwater review is not, the applicant is still required to conform to the Water Quality requirements. Ordinance No. 16- Page 13 of 28 Rev I /15 The following items amend the identified sections of the KCSWDM: 1.1.3 Drainage Review Required by Other Agencies In addition to the Muckleshoot Indian Tribe, CFW is required to notify the Puyallup Indian Tribe. The City of Federal Way administers its own Forest Practices Class IV- General Permits. The City of Federal Way does not administer Class IV- Special Forest Practices Permits. 1.2.5 Core Requirement #5 Projects subject to clearing and grading permit requirements, but which do not meet the thresholds identified in 1.1.1.B, are subject to the ESC requirements and BMPs of Core Requirement #5 and C.1.4 of the KCSWDM as applicable. Specific ESC requirements shall be determined on a project by project basis during clearing and grading review. Those projects exempt from clearing and grading permit requirements, although not required to be reviewed, are still responsible for implementing Erosion and Sedimentation Control (ESC) measures to maintain a stable site and mitigate offsite impacts 1.2.5.3 (F) - City of Federal Way does not assume lead agency status for Class IV Special Forest Practices Permits 1.2.6 Drainage Facilities to be Maintained by City of Federal Way - See FWRC 16.35.010. 1.2.8 Core Requirement #8 Water Quality — Guide to Applying Core Requirement #8 1. Redevelopment a. When water quality improvements are required, the entire site must be brought up to current water quality standards for all impervious surfaces. i. This includes all impervious surfaces regardless of when they were created, including impervious surfaces created before 2001. ii. Any applicable additional provisions in KCSWDM 1.2.8.1(B & C) Target Surfaces, also apply. b. See KCSWDM for pervious surface requirements. c. Exemptions identified in 1.2.8 of the KCSWDM do not apply to redevelopment. 2. New Development a. See KCSWDM for both impervious and pervious surface requirements The following item replaces the identified section of the KCSWDM: 1.4 Adjustment Process - See FWRC Section 16.30.020 through 16.30.070. Ordinance No. 16- Page 14 of 28 Rev 1/15 Chapter 2: Drainage Plan Submittal The following items amend the identified sections of the KCSWDM: 2.3.1.1 TIR Section 3, Scope of Analysis: Task 2. Resource Review - Maps of the City's sensitive areas, drainage basins, streams, topography, zoning, survey control points, Flow Control Applications, Water Quality Applications, and more are available on the City's website at www.cityoffederalway.com, through the City's Public Works Development Services Division and through the City's Community Development Planning Division. For information on existing drainage complaints and conditions within the city, as -built drawings, and Technical Information Reports, please contact the Surface Water Management Engineering Technician at 253.835.2754. 2.3.1.2. Site Improvement Plan Vertical Datum - KCAS or NGVD -29. General Plan Format - Refer to City of Federal Way Development Standards Manual, Construction Checklist. Plan Sheet Size - City of Federal Way only accepts "D- size" (24" x 36 ") for construction drawings. Drawing Scale - Refer to City of Federal Way Development Standards Manual. 2.4.2 Final Corrected Plan Submittal Engineering Plan Review - Upon completion of the engineering review process, the engineering plans shall be provided for Public Works Department approval and signature. As -built Drawings - As -built drawings are required at the conclusion of the project, prior to release of the performance bond. All as -built drawings shall be prepared by a land surveyor licensed in the State of Washington and shall conform to all state and local statutes. See Development Standards Manual, As -built Review Checklist, for details. Chapter 3: Hydrologic Analysis & Design The following items amend the identified sections of the KCSWDM: 3.1.2 Low Impact Development (LID) Performance Standard — Low Impact Development is the required approach to site development and all permitted projects must demonstrate compliance with the LID Performance Standard as outlined in Section 1.2.9.4. If infiltration is proposed, testing must be completed as outlined in the Manual. For all projects less than 5 acres, the pre- engineered BMPs in Appendix #C of the KCSWDM may be used instead of modeling. In the event that LID BMPs cannot be utilized for a specific site given site limitations, the applicant may demonstrate why the BMPs within Appendix #C are not suitable, for either the whole or a part of the site, the City may then allow use of non -LID BMP infrastructure to meet the Core Requirements. Ordinance No. 16- Page 15 of 28 Rev 1/15 1.2.9.1.B & 3.1.2 Where the LID Standard is Required — The Low Impact Development Standard outlined in Section 1.2.9.1.B is required for all projects where permits are required in accordance with the amended Section 3.1.2. Ordinance No. 16- Page 16 of 28 Rev 1/15 Section 3: Code Reference Table: King County Code is referenced in many places throughout the KCSWDM. The following table identifies these code references and equivalent city code where applicable: King County Code to Federal Way Revised Code (FWRC) Reference Table King County Code Reference Subject of Reference FWRC Equivalent Comment KCC 2.98 Adoption Procedures 16.05.290 KCC 2.98 Critical Drainage Areas, adoption procedures Not applicable Title 9 Surface Water Management 16 KCC 9.04 Surface Water Run -off Policy: Variances 16.30 See Adjustments KCC 9.04.030 Definitions: Targeted Drainage Review / abbreviated evaluation 16.25.020 See Drainage Review KCC 9.04.030 Drainage Review 16.25.020 KCC 9.04.030 Large Project Drainage Review 16.25.020 KCC 9.04.050 Drainage Review - Requirements 16.25.020 KCC 9.04.070 Engineering plans for the purposes of drainage review See Development Standards KCC 9.04.090 Construction timing and final approval See Development Standards KCC 9.04.100 Liability Requirements 16.25.030 KCC 9.04.115 Drainage facilities accepted by King County 16.35 KCC 9.04.120 Drainage facilities accepted by King County 16.35 KCC 9.12 Prohibited discharges in the Water Quality Section 16.50.020 KCC 9.12 Water Quality 16.20 & 16.45 KCC 9.12 Water Quality: Stormwater Pollution Prevention Manual Adoption 16.20.10 KCC 16.62 Erosion and Sediment Control 16.25.10.1.e KCC 16.82 Clearing and Grading Code: Bridge Design No Equivalent The City follows WSDOT and King County Standards KCC 16.82 Clearing and Grading Code: Clearing Limit 19.120 City of Federal Way uses both Chapter 19.120 and Appendix J of the International Building Code. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 17 of 28 King County Code to Federal Way Revised Code (FWRC) Reference Table King County Code Reference Subject of Reference FWRC Equivalent Comment KCC 16.82.095(A) Erosion and sediment control standards: Seasonal limitation period No Equivalent The City follows the King County standards manuals per Code Section 16.20.010 KCC 16.82.100(F) Grading Standards: Preservation of Duff Layer No Equivalent The City follows the King County standards manuals per Code Section 16.20.010 KCC 16.82.100(G) Grading Standards: Soil Amendments No Equivalent The City follows the King County standards manuals per Code Section 16.20.010 KCC 16.82.150 Clearing standards for individual lots in the rural zone Not applicable FWRC does not contain rural zoning classification KCC 20.20 Land Use Review Procedures Chapter 19 KCC 20.70.020 Critical Aquifer Recharge Area 19.145.450 KCC 21A Critical Areas Requirements 19.145 KCC 21A.14.180.D On -site recreation - space required Chapter 19 The requirements vary by Zoning District. Refer to the applicable District. KCC 21A.24 Critical Areas Code: 100 year floodplain 19.142 KCC 21A.24 Critical Area Code: Bridge Design No Equivalent The City follows WSDOT and King County Standards KCC 21A.24 Critical Areas Code: Bridge pier and abutment locations No Equivalent The City follows WSDOT and King County Standards KCC 21A.24 Critical Areas Code: Building Setbacks 19.145 KCC 21A.24 Critical Areas Code: Channel Migration Zone No Equivalent The City follows the King County standards manuals per Code Section 16.20.010 KCC 21A.24 Critical Areas Code: Definition Streams 19.05.190 KCC 21A.24 Critical Areas Code: Definition Wetlands /Wetland Soils 19.05.230 KCC 21A.24 Critical Areas Code: Fish Passage Requirements 19.145.390 KCC 21A.24 Critical Areas Code: Flood Hazard Area Regulations 19.142. KCC 21A.24 Critical Areas Code: Floodplain /Floodway Delineation 19.142.160 Ordinance No. 16- Page 18 of 28 Rev 1/15 King County Code to Federal Way Revised Code (FWRC) Reference Table King County Code Reference Subject of Reference FWRC Equivalent Comment KCC 21A.24 Critical Areas Code: Floodplain Data 19.142.050 KCC 21A.24 Critical Areas Code: Flood Protection facility No Equivalent The City follows the King County standards KCC 21A.24 Critical Areas Code: Notice on Title 19.145.170 KCC 21A.24 Critical Areas Code: Regulation of Wetlands 19.145.410 KCC 21A.24 Critical Areas Code: zero -rise and compensatory storage provisions No Equivalent The City follows the King County standards KCC 21A.24 Definitions: Critical Area Ordinance (CAO) 19.145 KCC 21A.24 Farm Management Plans ' No Equivalent The City does not have Farm Management Plan requirements KCC 21A.24 Floodplain Development Standards: Bridges No Equivalent The City follows WSDOT and King County Standards KCC 21A.24 Notice on Title: Erosion Hazard Area 19.145.170 KCC 21A.24 Rural Stewardship Plan or Farm Management Plan No Equivalent The City does not have Rural Stewardship Plan requirements KCC 21 A.24 Sensitive Area 14.05 & 19.05 The City does not have a broad definition, instead each specific area is defined separately KCC 21A.24 Sensitive Area Tract 18.55.060 Sensitive areas can be placed in a conservation open space tract KCC 21A.24.100 Critical Area Review 19.145 KCC 21A.24.110 Critical Area Reports 19.145.080 KCC 21A.24.170 Notice on Title 19.145.170 KCC 21A.24.230 Floodplain and Flood Hazard Areas 19.142 KCC 21A.24.270 Notice on Title 19.145.170 KCC 21A.24.275 Channel migration zone development standards No Equivalent The City follows the King County standards Ordinance No. 16- Page 19 of 28 Rev 1/15 King County Code to Federal Way Revised Code (FWRC) Reference Table King County Code Reference Subject of Reference FWRC Equivalent Comment KCC 21A.38 Property specific development standards or special district overlays No Equivalent The City does not have one code section that lists all of the property specific development standards or overlays, instead they are contained throughout code based on land use and property characteristics KCC 23.20 Code Compliance: Citations 1.15 KCC 23.24 Code Compliance: Notice and Orders 1.15.040 KCC 23.28 Code Compliance: Stop Work Orders 1.15.030 KCC 23.40 Code Compliance: Lien references on declaration of covenants form Not applicable FWRC does not contain an equivalent requirement KCC 25 Shoreline Management: Bridge Design No Equivalent The City follows WSDOT and King County Standards Ordinance No. 16- Page 20 of 28 Rev 1/15 Section 4: Reference Materials: Cited Federal Way Revised Code The following are applicable excerpts from the City of Federal Way Revised Code and provided for convenience. In the event of discrepancies or subsequent code updates, the adopted City code governs. 16.05.180 R definitions. "Redevelopment" For the purposes of determining water quality review requirements "redevelopment "_means, a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with FWRC Title 16, where the proposed redevelopment meets or exceeds the thresholds set forth, and shall be done in accordance with the approved King County, Washington Surface Water Design Manual or equivalent, as amended. (FWRC 19.30.120) For the purposes of determining flow control and other stormwater review requirements, the definition of "redevelopment project" identified in the KCSWDM applies. 16.15.010 Regulated activities. The following projects or activities are subject to the provisions of this title, unless exempted in FWRC 16.15.020: (1) Single - family residential; or (2) Projects that add 2,000 square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or (3) Projects that propose 7,000 square feet or more of land disturbing activity; or (4) Projects that propose to construct or modify a drainage pipe /ditch that is 12 inches or more in size /depth, or receives surface and stormwater runoff from a drainage pipe /ditch that is 12 inches or more in size /depth; or (5) Collection and concentration of surface and stormwater runoff from a drainage area of more than 5,000 square feet; or (6) Projects which contain, are adjacent to or directly discharge to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area, or a receiving water with a documented water quality problem as determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; or Ordinance No. 16- Page 21 of 28 Rev 1/15 (7) Projects that involve a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s) " means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; or (8) Projects other than normal maintenance or other than tenant improvements, but including any increase in gross floor area, in any one consecutive 12 -month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement; or (9) Project proposing $100,000 or more of improvements to an existing high use site. [Note: the dollar amount indicated can be adjusted based on the consumer price index as identified in the KCSWDM in section 1.1.1.] Redevelopment projects that are subject to water quality improvements may phase construction of the improvements as described in FWRC 19.30.120, Non - conforming water quality. 16.15.020 Exemptions. The following activities are exempt from the provisions of this title: (1) Commercial agriculture, and forest practices regulated under WAC Title 222, except for Class IV General Forest Practices that are conversions from timber land to other uses; and (2) Development undertaken by the Washington State Department of Transportation in state highway rights -of -way is regulated by Chapter 173 -270 WAC, the Puget Sound Highway Runoff Program. All other new development and redevelopment is subject to the requirements of this title. 19.30.120 Nonconforming water quality improvements. This section sets forth the standards when and under what circumstances a subject property that does not conform to the development regulations in FWRC Title 16 relating to water quality must be brought into compliance. (1) Redevelopment. For the purposes of this section, "redevelop" or "redevelopment" means a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with FWRC Title 16, where the proposed redevelopment meets or exceeds the thresholds set forth below pursuant to this chapter, and shall be done in accordance with the approved King County, Washington Surface Water Design Manual or equivalent, as amended. Ordinance No. 16- Page 22 of 28 Rev 1/15 (a) Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; (b) Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; (c) Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; (d) Redevelopment which involves the collection and /or concentration of surface and /or stormwater runoff from a drainage area of 5,000 square feet or more; (e) Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the Public Works Director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; (f) (g) Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s) " means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in any one consecutive 12 -month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. The appraisal must be from a state - certified general appraiser. For purposes of determining value under this section, improvements required pursuant to FWRC 19.30.090 (nonconforming development), 19.30.110 (street/sidewalk improvements), this section (nonconforming water quality improvements) and FWRC 19.135.030 (street /sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; (h) Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the Public Works Director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the Public Works Director prior to submission of a Ordinance No. 16- Page 23 of 28 Rev 1/15 redevelopment application determined to trigger application of this subsection, where the Public Works Director determines that the redevelopment requires additional specific controls to address the documented water quality problem. (2) Timing. All improvements required by this section shall be constructed or installed concurrent with the redevelopment triggering application of this section, unless an applicant for redevelopment opts to pursue incremental construction of required improvements. In that event, the applicant shall develop and submit to the Public Works Director a stormwater management plan detailing all of the improvements required by this section, and proceed according to the following subsections: (a) Extent of construction of required water quality improvements. Where the Public Works Director determines that incremental construction is physically feasible, the applicant shall construct that portion of the required improvements according to the following schedule: % of Redevelopment % of Water Quality Improvements 0 -24 25 25 — 49 50 >50 100 Where construction of 100 percent of water quality improvements is required under this subsection, the improvements may be constructed over a period extending no more than five years from the date of approval of the redevelopment. A person choosing to utilize such extended construction shall provide, prior to approval of the stormwater management plan, a performance bond and bond agreement that: (i) Have a term equal to the construction schedule proposed in the plan; and (ii) Comply with the applicable requirements of Chapter 19.25 FWRC, as amended. (b) Incremental construction not feasible. Where the Public Works Director determines that incremental construction is not physically feasible, 100 percent of the required water quality improvements must be installed, concurrent with the redevelopment. (c) Calculation of redevelopment value. For purposes of calculating the value of redevelopment in order to apply subsection (2)(a) of this section, the Public Works Director shall consider the cost of the proposed redevelopment as a percentage of the assessed or appraised value of all structures on the subject property. The appraisal must be from a state - certified real estate appraiser. (d) Subsequent redevelopment. Whenever any person seeks approval for redevelopment on property for which incremental construction of required water quality Ordinance No. 16- Page 24 of 28 Rev 1/15 (3) improvements was previously authorized pursuant to this subsection (2), any additional water quality improvements to be required shall be determined by application of the schedule in subsection (2)(a) of this section based on the stormwater management plan prepared as part of the first request for authorization of incremental construction. If water quality requirements have changed since preparation of the initial stormwater management plan, a new plan shall be prepared detailing improvements required to comply with any existing and new requirements, and the schedule in subsection (2)(a) of this section shall also be applied to the new plan. Location of water quality improvements. A person proposing redevelopment on a property or site having a Federal Way comprehensive plan designation of CC -F (city center frame) or CC -C (city center core) may construct water quality facilities required by this section below grade. 19.120.030 Exemptions. Nothing in this section shall be interpreted to allow clearing, grading, and /or the removal of trees or other vegetation within sensitive areas or sensitive area buffers where prohibited under FWRC Title 19, Division IV, Critical Areas, or in designated native growth protection areas. Clearing and grading activities are also subject to review under Appendix Chapter J of the International Building Code. The following actions shall be exempt from the provisions of this article: (1) Digging and filling for cemetery graves. (2) Clearing and grading in a right -of -way authorized in writing by the director of the department of public works for pothole and square cut patching; overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage; shoulder grading; reshaping /regrading drainage systems; crack sealing; resurfacing with in -kind material without expanding the road prism; and vegetation maintenance. (3) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where a permit has been issued by the State Department of Natural Resources. (4) Exploratory excavations under the direction of a professional engineer licensed in the state; provided, that the extent of the clearing and grading does not exceed the minimum necessary to obtain the desired information. (5) Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right -of -way. (6) Excavations for utility service connections to serve existing and /or new structures and that is outside any area that is within the jurisdiction of Chapter 19.145 FWRC. Ordinance No. 16- Page 25 of 28 Rev 1/15 (7) Actions which must be undertaken immediately, or within a time too short to allow for compliance with the requirements of this article, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the Public Works Director. (8) Clearing and grading actions that are an integral part of an ongoing agricultural or horticultural use on the subject property. (9) Tree and vegetation removal actions conducted on a residential lot that contains a detached dwelling unit together with any contiguous lots under the same ownership that are being maintained for the use and enjoyment of the homeowner that comply with the following criteria: (a) Any trees or vegetation removed must be outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (b) No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (c) Tree and vegetation removal will not change the points where the stormwater or groundwater enters or exits the subject property and will not change the quality, or velocity of stormwater or groundwater. (d) Trees with a diameter at breast height (dbh) of up to six inches and vegetation may be removed without city review and approval if criteria (9)(a) through (c) of this section are met. (e) Trees with a dbh of six inches or greater may be removed subject to the minimum tree units per acre standard established by Table 19.120.130 -1 and subject to criteria (9)(a) through (c) of this section. (f) Removal of trees with a dbh of six inches or greater that will result in the subject property falling below the minimum tree units per acre standard per Table 19.120.130 -1 shall require planting of replacement trees as necessary to meet the minimum tree units per acre standard, or the existing tree units per acre represented by the trees proposed for removal, whichever is less. (g) Hazard trees and nuisance vegetation may be removed without city review and approval if criteria (9)(a) through (c) of this section are met. (10) Clearing and grading actions that comply with all of the following criteria: Ordinance No. 16- Page 26 of 28 Rev 1/15 (a) The subject property contains a permanent building or an active use. (b) The clearing or grading activity will not change the points where the stormwater or groundwater enters or exits the subject property, and will not change the quality or velocity of stormwater or groundwater. (c) The clearing or grading activity is outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (d) Grading, filling, and excavation totals less than 100 cubic yards. Quantities of excavation and fill are calculated separately and then added together to determine total excavation and fill. (e) No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (11) Routine maintenance of trees and vegetation necessary to maintain the health of cultivated plants. Topping of trees as defined in Chapter 19.05 FWRC is considered tree removal, not maintenance. (12) Removal of overhanging vegetation and fire hazards, or removal of invasive species, hazard trees, nuisance vegetation, or dead, dangerous, or diseased trees when authorized by the director or his/her designee. (13) Removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities. Protection of trees shall be a major factor in the location, design, construction, and maintenance of streets and utilities. These activities are subject to the purpose and intent of this article. (14) Removal of trees on sites zoned city center core (CC -C) and city center frame (CC -F). Ordinance No. 16- Page 27 of 28 Rev 1/15 Section 5: Mapping: The City of Federal Way equivalents to the Flow Control Applications Map and the Water Quality Applications Map are attached, as periodically updated. The current versions of the maps are available from the Public Works Department. The City's equivalent to the County Landslide Hazard Drainage Areas Map is the City Sensitive /Critical Areas Map available from the Community Development Planning Division. Ordinance No. 16- Page 28 of 28 Rev 1/15