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LUTC PKT 01-09-2017City of Federal Way City Council Land Use/Transportation Committee January 9, 2017 5:00 p.m. MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/ Description Presenter Page A. Approval of Minutes: December 5, 2016 Upton 3 B. Olympic View '16 NTS -SW 330th St (21st Ave SW to 26th Ave SW) Preston 7 C. 2016 Asphalt Overlay Project -Final Huynh 11 Acceptance D. Groundwater Interceptor Trench in SW 330th Doucette 13 at 49th Ave SW -Project Acceptance E. Resolution: Approving Eagle Manor Final Van De 15 Plat Weghe F. Final Administrative Decision and Appeal Orthmann 43 Process G. Interagency Agreement with Washington Winkler 45 State Department of Enterprise Services and Authorization to Apply for a Grant Related to the LED Street Light Conversion Project H. Resolution: Acceptance of Grant Funding for Winkler 61 Transportation Improvement Projects - Authorization to Accept Grant Funding I. Asphalt Overlay -Joint Construction Winkler 67 Agreement with Puget Sound Energy for the SW 330th Street Gas Main Replacement (6th Ave SW to 1st Ave S) J. Resolution: Setting Public Hearing to Amend Perez 75 the 2017-22 Transportation Improvement Plan 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: Action or Info Action Action Action Action Action Info Action Action Action Action City Hall Council Chambers Council Date N/A January 17, 2017 Consent January 17, 2017 Consent January 17, 2017 Consent January 17, 2017 Consent N/A January 17, 2017 Consent January 17, 2017 Consent January 17, 2017 Consent January 17, 2017 Consent Time 5 min 5 min 5 min 5 min 5 min 5 min 10 min 5 min 5 min 5 min The next LUTC meeting will be Monday, February 6, 2017 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURN Committee Members Kelly MaloneY, Chair Lydia Assefa-Dawson, Member Mark Koppang, Member City Staff Marwan Salloum P.E., Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 This page left blank intentionally. 2 City of Federal Way City Council Land Use/Transportation Committee December 5, 2016 5:00 p.m. City Hall Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Kelly Maloney and Committee members Lydia Assefa-Dawson and Mark Koppang. Council members in attendance: Deputy Mayor Burbidge and Council members Susan Honda and Martin Moore. Staff in Attendance: Public Works Director Marwan Salloum, Deputy Public Works Director/Street Systems Manager Desiree Winkler, Assistant City Attorney Mark Orthmann, Community Development Director Brian Davis, City Traffic Engineer Rick Perez, Street Systems Project Engineer Christine Mullen, Senior Planner David Van De Weghe, Street Systems Project Engineer Naveen Chandra, Senior Transportation Planning Engineer Sarady Long, Principal Planner Margaret Clark and Administrative Assistant II Shawna Upton. 1. CALL TO ORDER Chair Maloney called the meeting to order at 5:01 PM. 2. PUBLIC COMMENT (3 minutes) Julie Cleary spoke regarding an Ordinance that was passed and she would like Council to consider repealing it. It relates to the appeal process for administrative decisions. She would like Council to take back their quasi-judicial powers and further stated she felt it was somewhat rushed through and the full committee wasn't present during the meeting in which it was discussed. She will research the correct Ordinance number and notify the Committee at the end of the meeting. 3. COMMITTEE BUSINESS Forward to Council Topic Title/Description A. B. Approval of Minutes: November 7, 2016 Committee approved the November 7, 2016 LUTC minutes as presented. Moved: Koppang Seconded: Assefa-Dawson Passed: 3-0 Steel Lake Park to Downtown Trail Project -85% Design Review & Authorization to Bid Ms. Mullen presented a map showing the location of the project. She indicated the project would install an 8-foot sidewalk on the south side of S 312th Street from the entrance to Steel Lake Park to 24th Ave S, provide a bike lane, planter strip, street lights and ADA accessible ramps. Staff estimates bidding the project early spring of 2017 with an estimated construction start date of late spring to early summer. She outlined progress to date, ongoing tasks, estimated costs and available funding. A brief discussion was held regarding the possible impact to existing trees, N/A January 3, 2017 Consent Committee Members Kelly MaloneY, Chair 3 City Staff Marwan Salloum, P.E, Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 Lydia Assefa-Dawson, Member Mark Koppang, Member C. D. E. if the project timeline could be shortened to avoid construction during the busiest time of year and where pedestrian access will be. Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Koppang Passed: 3-0 S 356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project -Letter of Understanding with Comcast Mr. Chandra noted the project will widen S 356th Street to 5 lanes with bike lanes between Pacific Highway S and Enchanted Parkway. The City has required Comcast to relocate aerial facilities into an underground duct and vault system. A Letter of Understanding is being pursued in an effort to reduce both cost and extended public disruption of the area. Comcast will reimburse the City for having the City's contractor install conduits and vaults supplied by Comcast and part of the Joint Utility Trench for the project. Committee fo rwarded Option #1 as presented. Moved : Koppang Seconded: Assefa-Dawson Passed: 3-0 Temporary Suspension of Traffic Impact Fee for Change of Use Status Report Mr. Long provided a status update on the temporary suspension of traffic impact fees for information only. Under the traffic fee impact program, the city currently collects mitigation on all new development that generates additional trips to our street system. This includes redevelopment projects where a change in use occurs that results in a net increase in trips. In 2011, due to the economic downturn, Council approved a 3-year temporary suspension of impact fees for change of use. This temporary suspension was extended for one additional year and was set to expire on December 31, 2015. At the December 7, 2016 meeting, the Committee directed staff to allow the suspension to expire but requested staff report back to provide quantifiable data as to those businesses that did not move forward with development because of the impact fees. Staff reviewed approximately 250 tenant improvement and administrative decision permit applications and out of the 250 applications, staff did not find any redevelopment projects that were required to pay any additional traffic impact fees. Therefore, in 2016 no redevelopment projects chose not to move forward because of the impact fees charged for change of use. Update on Certified Local Government Program & Historic Preservation Ordinance Mr. Van De Weghe presented an update on the proposed Certified Local Government status. The Planning Commission work program instructs them to pursue certified local government status this year. This program is a State designation overseen by the Washington Department of Archaeology and Historic Preservation. It provides certain incentives for historic preservation to local governments. One of the prerequisites for the program is that the city must first adopt a historic preservation ordinance. The Planning Commission held a study session to discuss this topic. They addressed different sections of an ordinance that would have to be adopted such as the establishment of a historic preservation commission, criteria for designating historic landmarks, processing and nominating historic landmarks, reviewing certificates of appropriateness which are required to renovate historic property, and special tax valuation. The Commission has two options to pursue. The first is to create a historic preservation ordinance for the January 3, 2017 Consent N/A N/A Committee Members Kelly Maloney, Chair Lydia Assefa-Dawson, Member Mark Koppang, Member 4 City Staff Marwan Salloum, P.E, Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 F. G. City which would entail drafting the ordinance from scratch, hiring preservation staff, appointing 5-15 local experts to a preservation committee. The alternative is to enter into an interlocal agreement with King County who partners with 22 cities already to provide historic preservation services. Each city needs to appoint one member to the overall designation committee and then would adopt the King County Preservation Ordinance by reference. The Planning Commission has been looking at the criteria to see if the City would need to change any of the criteria to better fit our needs. A brief discussion was held regarding how the committee member would be selected, what experience would be required and if it was possible to partner with the county in the beginning and then convert to having our own Committee in the future. Ordinance: Adoption of State Mandated Building and Construction Codes Mr. Davis stated the proposed ordinance is needed in order to allow the City to amend and adopt the current state mandated codes. The codes are updated every three years. There are both state and local codes that can be amended but these updates are due to state mandated changes in the International Building Code. The topic of tiny homes was briefly discussed. Committee forwarded Option #1 as presented. Moved : Koppang Seconded: Assefa-Dawson Passed: 3-0 Resolution: Acceptance of Grant Funding for Transportation Improvement Projects -Authorization to Accept Grant Funding Ms. Winkler indicated Federal grants require a resolution to be enacted in order to accept the terms of the grant prior to obligating funds. The City has been awarded two federal grants through the Puget Sound Regional Council (PSRC) competition. First is for the 21st Avenue S Sidewalk Improvement (S 320th St to S 316th St) project and second the Adaptive Signal Control System project. Separately, the City has also been awarded Transportation Improvement Board (TIB) grant funds for the construction phase of the S 356th Street -Pacific Hwy to Enchanted Parkway project. A summary of the PSRC Federal and TIB grant applications and results was outlined. Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Koppang Passed: 3-0 January 3, 2017 Ordinance January 3, 2017 Consent 4. OTHER Ms. Cleary stated the ordinance she was referring to is Ordinance No. 14-760. Motion by Chair Maloney for staff to bring back a presentation to the next LUTC meeting regarding Ordinance No. 14-760 and to let the Committee discuss the pros and cons of bringing it to a Council meeting for council business for discussion. Seconded: Koppang Passed: 3-0 Chair Maloney stated it was her last Committee meeting took time to thank staff for all their hard work and guidance over the last year. 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, January 9, 2017 at 5:00 p.m. in City Hall Council Chambers. Committee Members Kelly Maloney, Chair Lydia Assefa-Dawson, Member Mark Koppang, Member 5 City Staff Marwan Salloum, P.E, Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 Mr. Salloum thanked Chair Maloney for all of her service for the citizens of Federal Way and on behalf of the staff thanked her for her vocal appreciation of staff and their hard work. Councilmember Assefa-Dawson noted that she will not be at Chair Maloney's last council meeting and took a moment to thank her for her support and encouragement through the years and Councilmember Koppang thanked her for her service and the passion in which she served. 6. ADJOURN The meeting adjourned at 5:42 PM. Attest: Shawna Upton Administrative Assistant II Approved by Committee: Committee Members Kelly Maloney, Chair Lydia Assefa-Dawson, Member Mark Koppang, Member 6 City Staff Marwan Salloum, P.E., Public Works Director Shawna Upton, Administraove Assistant II 253-835-2703 COUNCIL MEETING DATE: January 17, 2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: OLYMPIC VIEW '16 NTS -SW 330TH STREET (21 ST A VENUE SW TO 26TH A VENUE SW) POLICY QUESTION: Should the Council approve the installation of three (3) speed humps on SW 330th Street between 21st A venue SW and 26th A venue SW? COMMITTEE: Land Use and Transportation Committee CATEGORY: [8J Consent D City Council Business D Ordinance D Resolution STAFF REPORT BY: Erik Preston P.E. -Senior Traffic Engineer MEETING DATE: January 9, 2017 D D Public Hearing Other DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated January 9, 2017. Options Considered: 1. Authorize the installation of three speed humps on SW 330th Street between 21st Avenue SW and 26th Avenue SW. 2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. MAYOR'S RECOMMENDATION: Forward Option 1 to the January 17, 2017 City Council Consent Agenda for approval. COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 17, 2017 consent agenda for approval. Lydia Assefa-Dawson, Member Mark Koppang, Member PROPOSED COUNCIL MOTION: "I move to authorize the installation of three speed humps on SW 3301h Street between 2r1 Avenue SW and 261 h Avenue SW." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED 0 DENIED D TABLEDffiEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-1/2015 7 COUNCIL BILL # lsT reading Enactment reading ORDINANCE# RESOLUTION # DATE: TO: VIA: FROM: January 9, 2017 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor ~ Marwan Salloum P.E., Director of Public w_~~ Erik Preston P.E., Senior Traffic Engineer ~ SUBJECT: Olympic View NTS '16 -SW 33(/h Street (21st Avenue SW to 261h Avenue SW)) BACKGROUND: Residents along SW 330th Street between 21st Avenue SW and 26th Avenue SW submitted a petition on May 23, 2016 requesting the installation of speed humps or other traffic calming devices to control vehicle speeds, reduce cut-through traffic, and improve pedestrian safety along SW 330th Street. Traffic studies were conducted in June of 2016, and the results are as follows: • Roadway Classification : Minor Collector • Average Daily Traffic (ADT): 1,829 • 85 1 " percentile speed: 28.0 mph • Total collisions (last 5 years): 4 • Injury Collisions: 0 Based on the current adopted NTS installation criteria (per table below), SW 330th Street scored 3.5 total severity points. This meets the minimum 3.0 severity points to qualify for the installation of traffic calming devices. Minor Collector Street NTS Criteria Point 85th Percentile Average Daily Location 5-Year Collision History Scale Speed Traffic (ADT) School/Park Total Injury Fatal 0.0 0-25 0 -1,000 No 1 -- 0.5 26-27 1,001 -1,800 Yes 2 -- 1.0 28-29 11801 -21600 -3 1 - 1.5 30-31 2,601 -3,400 -! -- 2.0 32-33 3,401 -4,200 -5 2 1 2.5 34-35 4,201 -5,000 -6 -- 3.0 36+ 5,001+ -7+ 3+ 2+ A neighborhood traffic safety meeting was held on October 6, 2016 with 5 attendees signing in. Two leading alternatives emerged; an option to install 3 speed humps throughout the corridor and another to install a mini-roundabout at the SW 331 st Street intersection with 2 speed humps to the west. A third option for no action was also included in the ballots that were mailed to the neighborhood in November. If approved, either option could be constructed in the summer of 2017. 8 January 9, 2017 Olympic ViewNTS '16 Page2 Option 1 -Three (3) Speed Humps The proposed Speed humps were placed for maximum effectiveness and located based on many factors, including driveway location and spacing between other devices and intersections. Speed humps are proposed at the following addresses: • 2411 SW 330th Street • 2235 SW 330th Street • 2211 SW 330th Street Speed humps are very effective at slowing vehicles down and reducing the 85tlt -percentile speed below 25 mph. See the attached map for proposed locations. Option 2 -Two (2) Speed Humps and One (1) Mini-Roundabout Speed humps would be installed at the following addresses, similar to Option 1: • 2411 SW 330t1t Street • 2235 SW 330t1t Street This option would also install a mini-roundabout at the intersection with SW 331 st Street with a small( chicane on the east leg of the intersection to force westbound traffic to slow down to negotiate the roundabout. This option would greatly reduce travel speeds in and around the intersection, reduce intersection conflicts, and collision severity. The center island of the roundabout would be fully mountable behind a 3 or 4-inch curb to allow buses and large vehicles to make necessary turning movements. Curbing around the outside shoulder of the roundabout would also be installed to prevent motorists from driving on the grass of neighboring lots. See the attached map for proposed locations. Option 3 -No Action This option would not build any devices and the street would remain in its current condition. In accordance with established NTS policies, staff sent a total of 117 ballots to property owners and occupants within 600 feet (measured along the road centerline) of the proposed traffic calming device locations. The table below summarizes the ballot results for the 32 ballots received (27.4% return rate): 2016 Olympic View NTS Ballot Counting Option Description Total 1 3 Speed Humps 16 2 2 Speed Humps & 1 Mini-Roundabout 11 3 No Action 5 The Traffic Division staff proposal is in accordance with the balloting results in recommending Option 1. The proposed locations for the 3 speed humps have been marked on the street. The proposed package should be effective in reducing speeds on SW 330tlt Street between 21st Avenue SW and 26th Avenue SW and may reduce cut-through traffic. However, there may be some negative impacts to the neighborhood including inconvenience, noise, and a slight increase in emergency response time. The estimated cost of this project is approximately $12,000 which is within the $15,000 per neighborhood per year budget limitation policy. The currently allocated NTS budget is $50,000 per year with $20,000 designated specifically for school NTS and/or school safety related improvements. Currently no other NTS projects are planned for 2017, so the entire budget is available. cc: Project File, Day File encl: Map of Option I & 2 9 10 COUNCIL MEETING DATE: January 17, 2_0_17 _____________ IT_E_M~#.:....:.:=====- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2016 ASPHALT OVERLAY PROJECT -FINAL ACCEPTANCE POLICY QUESTION: Should the Council accept the 2016 Asphalt Overlay Project constructed by Tucci and Sons, Inc. as complete? COMMITTEE: Land Use and Transportation Committee CATEGORY: IZJ Consent D City Council Business D Ordinance D Resolution STAFF REPORT BY: Jeff Hu , Street S stems Engineer MEETING DATE: January 9, 2017 D D Public Hearing Other DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated January 9 , 2017 Options Considered: 1. Authorize final acceptance of the 2016 Asphalt Overlay Project constructed by Tucci and Sons, Inc. in the amount of $1,500,951.66 as complete. 2 . Do not authorize final acceptance of the completed 2016 Asphalt Overlay Project constructed by Tucci and Sons, Inc. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the Janu . 17, 2017 Council Consent Agenda for approval. COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 17, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 2016 Asphalt Overlay Project constructed by Tucci and Sons, Inc. in the amount of $1,500,951.66 as complete." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TAB LED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-1/2015 11 COUNCIL BILL# lsT reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: SUBJECT: January 9, 2017 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee ~ Jim Ferrell, Mayor Marwan Salloum, P.E., Public Works Director Jeff Huynh, Street Systems Engineer 2016 Asphalt Overlay Project-Project Acceptance BACKGROUND: Prior to release of retainage on a Public W arks 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 2016 Asphalt Overlay Project contract with Tucci and Sons, Inc. is complete. The final construction contract amount is $1,500,951.66. This is $88,698.34 below the $1,589,650.00 (including contingency) budget that was approved by the City Council on March 15, 2016. cc : Project File Central File K:\LUTC\2017\01-09-172016 Asphalt Overlay project -Project Acceptance.doc 12 COUNCIL MEETING DATE: January 17, 2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: GROUNDWATER INTERCEPTOR TRENCH IN SW 330rn ST AT 49rn AVE SW POLICY QUESTION: Should the City Council accept the Groundwater Interceptor Trench in SW 330th St at 49th Ave SW Project constructed by Green Earthworks Construction, Inc. as complete? COMMITTEE: Land Use and Transportation Committee CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution STAFF REPORT BY: Tony Doucette, P.E., SWM Project Engineer Attachments: MEETING DATE: January 9, 2017 D D Public Hearing Other DEPT: Public Works Land Use and Transportation Committee memorandum dated January 9, 2017 Options Considered: · 1. Authorize final acceptance of the Groundwater Interceptor Trench in SW 330th St at 49th Ave SW Project constructed by Green Earthworks Construction, Inc. in the amount of $25,450.00 as complete. 2. Do not authorize final acceptance of the completed Groundwater Interceptor Trench in SW 330th St at 49th Ave SW Project constructed by Green Earthworks Construction Inc. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 17, 2017 City Council Consent Agenda or approval. COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 17, 2017 City Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the Groundwater Interceptor Trench in SW 3301h St at 49th Ave SW Project constructed by Green Earthworks Construction, Inc., in the amount of $25,450.00 as complete" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-1/2015 13 COUNCIL BILL# 18T reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: SUBJECT: January 9. 2017 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor ~ _ ~ Marwan Salloum, P.E., Public Works Director ~ The,,esa Thurlow, P.E., Swface Wa ter Manag_er 'J Tony Douc ette, P.E., SWM Proj ect Engineer rfJ> Grou,u/water Interceptor Trenc lt bt SW 33(/'' St at 4911' Ave SW -Proiect Acceptance BACKGROUND: The Groundwater Interceptor Trench in SW 330th St at 49th Ave SW Project constructed by Green Earthworks Construction, Inc. is complete. The final construction amount is $25,450. This is $2,545.00 below the $27,995.00 (including contingency) budget that was approved by Council on October 4, 2016. cc: Project File Day File 14 COUNCIL MEETING DATE: January 17, 2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION APPROVING EAGLE MANOR FINAL PLAT POLICY QUESTION: Should City Council adopt a resolution approving the Final Plat of Eagle Manor (City File No. 16-104269-00-SU)? COMMITTEE: LUTC CATEGORY: D Consent D City Council Business D Ordinance IZJ Resolution STAFF REPORT BY: Dave Van De Weghe, Senior Planner Attachments: MEETING DATE: 1/9/2017 D D Public Hearing Other DEPT: Community Development 1. Staff Report with exhibits. See Exhibit F for Resolution approving the Eagle Manor Final Plat. Options Considered: 1. Approve the Final Plat and Resolution as presented; 2. Modify the Final Plat and/or Resolution and approve as modified; or 3. Do not apProve the Final Plat and provide direction to staff. MAYOR'S RECOMMENDATION: Adopt the resolution approving the Final Plat of Eagle Manor. COMMITTEE RECOMMENDATION: I move to forward the Resolution approving the Eagle Manor Final Plat to the January 19, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "/ move approval of the Resolution approving the Eagle Manor Final Plat" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION : 0 APPROVED D DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-1/2015 15 COUNCIL BILL# 1ST reading Enactment reading ORDINANCE# RESOLUTION# COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO CITY COUNCIL EAGLE MANOR FINAL PLAT Federal Way File No. 16-104269-00-SU Report prepared by Dave Van De Weghe, Senior Planner, January 9, 2017 I RECOMMENDATION The Community Development Department recommends approval of the Eagle Manor Final Plat (Exhibit A). City of Federal Way staff has reviewed the final plat application and finds it complies with the preliminary plat conditions and all other applicable codes and policies. II POINT SUMMARY Meeting Date: Plat Location: Description: 16-104269-00-SU Land Use/Transportation Committee -Monday, January 9, 2017 -5:00 p.m. King County Parcel 894720- 0120. Parcel is located at the comer of SW 344th St. and 21st Ave. SW (Exhibit B). Eagle Manor is a proposed 12-lot single-family residential subdivision on approximately 3.11 acres . The Eagle Manor preliminary plat application was 11 $W 340U>S1 SW344t11St SUBJECT PROPERTY • /' granted approval by the Federal Way City Council on September 2, 2008 per City Council Resolution No. 08-533 (Exhibit C). Access to Eagle Manor is via SW 344th St. and the newly constructed 22nd Pl. SW. All required roads, sidewalks, pedestrian pathways, wetland mitigation, storm drainage facilities, sewer lines, water lines, and related improvements for the project have been constructed or are financially guaranteed. 16 Doc. l.D. 75107 Owner: Agent: 696 LLC 34667 Pacific Hwy S. Federal Way, WA 98003 Encompass Engineering & Surveying Chad Allen 165 NE Juniper St, Suite 201 Issaquah, WA 98027 Water/Sewer: Lakehaven Water and Sewer District Fire District: South King Fire and Rescue School District: Federal Way Public Schools III HISTORY AND BACKGROUND Federal Way Comprehensive Plan and zoning designation for the subject property is Single Family High Density Residential and RS 7.2, respectively. The Eagle Manor plat is a standard subdivision with a minimum permitted lot size of 7,200 square feet. The lot sizes on the final plat range from 7,207 square feet to 8,244 square feet. The 3.11-acre subdivision includes tracts for storm drainage and landscaping. The 12-lot Eagle Manor Preliminary Plat was granted approval by the Federal Way City Council on September 2, 2008, per Resolution No. 08-533. On July 27, 2015, Administrative Decision No. 15- 103181-00-AD (Exhibit E) was approved to extend the Preliminary Plat approval for two years. The applicant applied for fmal plat approval on August 29, 2016, while the site was still under construction. Improvements are now substantially complete. Pursuant to RCW 58.17.110 and Federal Way City Code1 (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; 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 Eagle Manor 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 fmancially secured as allowed by FWCC 20-135. A proposed Resolution to approve the Eagle Marior Final Plat is enclosed (Exhibit F). IV COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval (Resolution No. 08-533). Required improvements have been completed or financially secured as allowed by FWCC 20-135 and identified by staff responses following each condition. 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: 1 The proposal is vested to the Federal Way City Code as the application was determined complete prior to the code reorganization which is now known as the Federal Way Revised Code. 16-104269-00-SU 17 Doc. I.D. 75107 A. Drainage plans and analysis shall comply with the 1998 KCSWDM and amendments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. B. Level 3 flow control may be provided, or the engineer may instead meet the requirements for a Level 1 flow control "Type 1 Conveyance System Nuisance Problem" as outlined in Table 1.2.3.A in the 1998 KCSWDM. Staff Response -This condition has been met. The developer chose to construct the Level 3 Flow Control facility. Full compliance with drainage provisions set forth in FWCC have been met. 2. The proposed subdivision shall comply with the current City of Federal Way Public Works Development standards for this project, including the following requirements: A. Road A (22nd Place SW) and Road B (SW 344thCourt) shall be constructed to City Standard roadway section "W" as follows: a 28-foot paved roadway with curb and gutter along all margins, a four-foot planter strip with''street trees, five-foot sidewalk, and a three-foot utility strip with streetlights, all within a 52-foot right-of-way. Street frontage improvements along SW 344th Street shall be constructed to a City standard Type "S" street section, consisting of a 36-foot paved roadway with four-foot planter strip with street trees, five-foot sidewalk, and three-foot utility strip with streetlights, within a 60- foot right-of-way. Street lighting is required on all streets, pursuant to FWCC Section 22-1522. Staff Response -This condition has been met. 22nd Place SW and SW 3441 " Ct. have been built to City Standard roadway section "W. "Required street trees have been financially guaranteed by a performance bond in the amount of$25,000. 3. Clearing for the construction of the plat improvements (roads, pond, and utilities) shall be generally consistent with the clearing limits depicted on the Preliminary Road Grading, Storm Drainage, and Utility Plan, which was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading, and may be modified with the approval of the Community Development and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. Staff Response -This condition has been met. During engineering review, the original applicant requested, and received, modification approval from the Public Works Department to clear and grade the site. 4. Final location and design of the school access paths shall be approved by the Federal Way School District and Federal Way Public Works Department prior to issuance of construction permits for infrastructure improvements. Staff Response -This condition has been met. Connection to the existing pedestrian network along SW 344111 St. has been provided via sidewalks. V COMPLIANCE WITH PRELIMINARY PLAT EXTENSION CONDITIONS The following lists conditions of preliminary plat extension approval (Administrative Decision No. 15- 16-104269-00-SU 18 Doc. I.D. 75107 ;I I 03181-00-AD). Required improvements have been completed or financially secured as allowed by FWCC 20-135 and identified by staff responses following each condition. 1. The applicant's engineer shall redesign the water quality facility to meet the design criteria of the Enhanced Basic Water Quality menu of the 2009 KCSWDM, and shall also address BMP's for subdivisions as required under the 2009 KCSWDM. Staff Response -This condition has been met. Full compliance with drainage provisions set forth in FWCC have been met. 2. The applicant will be subject to the City Transportation Impact Fee as a replacement for the City's prior method of pro-rata share contribution prior to plat recording (or as deferred per FWRC 19.100.070 (3)(b)). Staff Response -This condition has been met. The traffic impact fee will be determined by the fee schedule in effect at the time of the plat recording and must be paid at such time, unless deferred per FWRC 19.100.070 (3)(b). For estimation purposes, the TIF fee rate (2016) is approximately $3,829.78 per SF lot including administrative fee; or $45,957.37 for 12 lots. VI STATE ENVIRONMENTAL POLICY ACT (SEPA) The city issued a Determination ofNonsignificance (DNS) for the proposal on September 15, 2007 per File No. 06-106523-00-SE. No mitigation conditions were required. VD 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: I. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat 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. The plat meets the RS 7.2 zoning standards in effect at the time the application was determined to be complete. The lot sizes exceed the underlying minimum lot size requirement of 7,200 square feet for single family lots in the RS 7.2 zone. Construction of the plat infrastructure is substantially complete and as provided in FWCC 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 16-104269-00-SU 19 Doc. I.D. 75 l 07 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. Pursuant to FWRC 19.100.070, the applicant will pay the city a total of$72,000.00 (15% of the 2016 King County appraised land value, $480,000) in-lieu-of providing required usable open space on site. 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 Eagle Manor have been constructed and/or financially guaranteed and a maintenance bond is in effect. In addition, sewer and water lines have been installed and approved by Lakehaven Water and Sewer District as identified in the Letter of Substantial Completion dated December 2, 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. VIII 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 Eagle Manor 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 No. 08-533, approving the Eagle Manor Preliminary Plat. A recommendation of final plat approval is therefore being forwarded to the City Council for approval. IX EXHIBITS Exhibit A Exhibit B Exhibit C ExhibitD Exhibit E Exhibit F 16-104269-00-SU Reduced Copy (8Yi x 11) Eagle Manor Final Plat Vicinity Map Resolution No. 08-533, Eagle Manor Preliminary Plat Approval Reduced Copy (8Yi x 11) Approved Eagle Manor Preliminary Plat Administrative Decision No. 15-103181-00-AD, Preliminary Plat Extension Proposed Resolution Approving the Eagle Manor Final Plat 20 Doc. l.D.75107 EXHIBIT A Reduced Copy (8Yi x 11) Eagle Manor Final Plat 21 EAGLE MANOR A PORTION OF THE N.W. 1/4. OF TIE S.E. 1/4, SEC. 24, T 21 N, R 3 E, W.M. CITY OF FEDERAL ltiAV, WASHINGTON -~ A -l.MIED UMlllT'r OIM>ANY Acknowledgement STATE OF WASHINGTON I ! aa. COUNTY Of' KING l :. .:::~·~"r M'l'EMfl) IIU<IIE WE ~ -llC. A__,.,: I.Mn)) llMIJ1Y COlP_.,. II« CCIOPNIY l\lAT UDllEI 11~ """" N«l ~ "f!II\.IEHf, NI!) 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PREPARE) 8Y EJJ.~QJllsR~~s ~ ----16$ ·~--201 ·-=., w.i.Mm• =.1+nu,2-41so,,..,1tmm-.1ou 7 41 "°'-· EAGLE MANOR A PORTION OF THE N.W. 1/4, OF THE S.E. 1/4, SEC. 24, T 21 N, R 3 E, W.M. 0 10 20 40 SCALE 1" = 40' CITY OF FEDERAL WAY, WASHINGTON LEGEllll @ PROPERTY COffNERS TO BE SET, LS# 4-2676 $ MONUMENlS SET 242103-9005 UGHT OF Ci-tRIST LUTI-IERAN CHURCH PARCEL AREA TIJTM. PARCEL -1J5.4Q4. SQ. FT. (J.11 ACRES) RIGHT-OF-WA'( -34,,933 SQ. F.T. (0.80 A~) lRACT A -1,876 SQ. FT. (0.04 AmES) lRACT B -8,671 SQ. FT. (0.20 ACRES) NET PARCEL AREA -II0,008 SO. FT. (2.07 AcaES) IEFERENCES PLAT OF \1RGINIA HILLS VOL 115, PG. 35 (Pl) PlAT OF mGHrs HI LINE lRMTIS Wt. J5, PG. 32 ---------------- I J C0m:Jl,.-SEC. --------S.W. 344TH STREET ff-21•03 --l!CM( r- 894720-01/JO S"fE.Vc'.N JAIAE-5 STONE 10' STORM DRAIN EASEMENT REC. NO. 196007150545 -----r VIRGINIA H[LLS LEOt·HU -;-a?! :..UYSO•/ l<ISi.YAf< DEEDED TO THE QTY Of FmERAL WAY REC. NO. -t E.ASEMENT REC. 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""· \ \ __ . ___ -4µlt.!:!:Dll'!!...Jl2!.._...!!!!.*°1.. ______ :!..m-:!:!!!.:.:....-_J_._L ____ ....l?!0uo~~-J--a .. L.,,-:::-=...._~-:::-=J+L--_-_-_-_-!!.,:!:·..-i...-_-_-_~ ..... -------'""""----,-::;II-=¥-:... _.,.. .... .,.. ...... 1 r WR1GHT'S Hl-LTNE TRACTS Line Table Curve Table Line # Length Direction Curve /J Length Radius L1 1J.88' N89" 40' 079£: Cl 24.29 25.00 l.2 22.33' N2a· 45• os·w 02 27.51 5>.00 LJ 10.18' S22· 14• 39•w CJ 33.33 53,00 L4 J4.87' 522' H·' J9""W C4 2051 53,00 LS 10#00' NBS" 15' oa~E C5 16.31 25.00 LB 10.oo'" NB9' 40' 07"E C6 10.46 25.00 r:, 7,85 25.00 C8 39,19 25.00 CB 3935 25.00 010 J'il.01 25.00 CITY OF FEDERAL WAY FILE NO. 16-104269-00-SU Delta 55•39'36"" 29-44•11· J6"01.'150"" 2210•13• 41"57'43"" 23'57'54'" 1759'49'" B9'-49'0:,- 9010•53• 69'2.'4'00· 24 9571.80-001 .. ERNEST Y A1·JG " 2) 2) a " " 1• •• .giM)lffl4Sf ,I: ~nm~ ' J I!!!!,. l;i fi I ; " ~ "' H " " 1• ,. I I : I LOT ADDRE88E8 LOT I -'2'IJ.1 5" Jf-4,"IU D)JRf LOT 2 -2130 SW J4.4.1H COURT LOT J -2126 SW 34-41H COURT LOT 4 -2118 SW 344TH COORT LOT 5 -2110 SW 344TH COURT I.Of 8 -21C2 Sji 3"nt COURT LOT 7 -2101 SW 3441H COURT LOT t -210, ~ .3,,4,0H COJJll LOI,_.,., s,, J<.41)1 CQlftf LDT 10 -2117 SW J,M,TM COURT LOT 11 -2125 SW 3441H OOURT LOT 12.-~ll SW' 344M COJftT DRAWN BY: JEF SHEET: JOBI 16545 J. OF J 50" ;ii ui w ::> z ~ < I- Cl) .; VOL. PG. EXHIBITB Vicinity Map 25 SW 340th St SWU4111St / SUBJECT PROPERTY -~ EXHIBITC Resolution No. 08-533, Eagle Manor Preliminary Plat Approval 27 RESOLUTION NO. 08-533 A RESOLUTION OF THE · CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING EAGLE MANOR PRELlMINARY PLAT, FEDERAL ~ A Y FILE NO. 06-l065I2-00 SU. WHEREAS, the owner, Eagle Creek Land and Development, LLC, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Eagle Manor, and consisting of J . I l acres into twelve ( 12) single-family residential lots located at the southwest comer of 2l 51 Ave SW & SW 344th St; and WHEREAS, on September 15, 2007, an Environmental Determination of Nonsignificance (DNS) was issued by the Director .of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), Chapter 43 .21C; RCW, and WHEREAS, the Federal Way Hearing Examiner on June I J, 2008, held a public hearing concerning Eagle Manor preliminary plat; and WHEREAS, following the conclusion of said hearing, on July 14, 2008, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of Eagle Manor preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20- 127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on August 4, 2008, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on Eagle Manor preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Eagle Manor preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and Doc. r.D. Resolution No. 08-533 Page 1 of-4 28 WHEREAS, on August 19, 2008, the City Council considered the record and the Hearing Examiner recommendation on Eagle Manor preliminary plat, pursuant to Chapter 20 of Federal .Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now lHEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL w A Y, w ASHCNGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section l. Adoption of Findings of fact and Conclusions. 1. The findings of fact and conclusions of the Hearing Examiner's July 14, 2008 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions m the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the 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 waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. J. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediat~ly above, Eagle Manor preliminary plat, Federal Way File No. 06-l065l2-00 SU, is hereby approved, subject to conditions as contained in the July 14, 2008, Report and Recommendation of the Federal Way Hearing Examiner (Exhibit A). Ooc. 1.0. Resolution No. 08-533 Page 2 of-4 29 ---------------------------······-- Section J_ Conditions of Approval lntegrat The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property_ Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58_ l 7 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action_ Section 4_ Severability. lf any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution _ Section 5_ Corrections_ The City Clerk and the codifiers of this 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 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way_ City Council. 0oc. LO. Resolution No. 08-533 Page3of-4 30 ... -.. ---------------------- . . ~ RESOLVED BY THE CITY COUNClL Of THE CITY OF FEDERAL WAY, WASHlNGTON, THIS {) DAY Of v;e{Af rc'\\c)RL , 2008 . Crrv OF FEDERAL w A y· ATIEST: APPROVED As To FORM: ClTY ATTORNEY, PATRICIA A. RJCHAROSON FILED WITH THE CITY CLERK: 0/21P~ PASSED BY THE ClTY COUNCIL: --~~ ..... 12~ ..... Ire~=-- REsoLUTlON No. Of)' fo-3 3 Resolutlon No. 08-533 Ooc. l.D. Page 4 of 4 31 . . . .. . -.. ---·----------- EXHIBITD Reduced Copy (8Yi x I I) Approved Eagle Manor Preliminary Plat 32 PRELIMINARY PLAT OF EAGLE MANOR PORTION OF THE NW 1/4, OF THE SE 1/4 OF SEC. 24 TWN. 21 N., RNG 3 E., WM FEDERAL WAY, WASHINGTON (0 0 I02Q <Ill -SCM.£ •• -4'I ---°'='4£ASTSAO P9Nl'.'f =•m SJOPf8IG SOIIT DrffMIC[ .... ....,. 11D1· 'CST --IIOD .. C-.UIIICll,lllo~ -·-·-·-·.l·-·-·-·-·-·-· r-·----T--·--· ----·"" ---l.,.J _L l.,.J L ___ _ --·--·--·------:i.: & l!\:;,'f\~l~ !-= .. .,a,-. ..-::-'111'~ __ ,,,~-~--~---:Q .,.;> ' ,_,,,_ 1110011T'S Ill-UNE TRACTS I I I ~ ,,! : Li'il-'-' • '-'-If' ij i :, &a~ "' I rrr·,·iri, ~ I PIMP AflAIP I 1 -... -.u-.....: I ...;.,. ----------fP:--~=!------------_ _J ------------r,;rpr ,-,v,c,'jl:~ t c;r,11 ~ ~~ Ii I r: ti . ~I • I ~-· ft TWlll LAXE PARK & RIDE ........... -· --_, m.==111:. I L -L-----,. -""""'b('11'-------~-rf------7-I / , . I , II -/ ( 1,---I i r--------4 J!J · I di =.::. 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DG1 B-7.2 ~ .,: i5 ~ ! ! ~ Cl ~ I!! ~ ~ iii Ju .. ...,.._ ...... _____ _..._ _ _. 1 or 1 EXHIBITE Administrative Decision No. 15-103181-00-AD, Preliminary Plat Extension 34 July 27, 2015 Eagle Creek Land & Development LLC 15215 SE 272nd Street, Suite 201 Kent, WA 98042 RE: Permit #15-103181-00-AD; EAGLE MANOR *NO SITE ADDRESS* Dear Mr. Goodwin : The Community Development Department has received your request to extend the preliminary short subdivision approval granted to Eagle Manor for two additional years. The referenced application is a twelve-lot subdivision of parcel 8947200120 that was granted approval by the city on May 21, 2008. The city's subdivision regulations allow the Director to administer extensions if criteria within Federal Way Revised Code (FWRC) 18.05.090(2) can be satisfied. Your request for a two-year extension to complete infrastructure improvements per the preliminary plat approval is approved per the following conditions: 1. The applicant's engineer shall redesign the water quality facility to meet the design criteria of the Enhanced Basic Water Quality menu of the 2009 KCSWDM, and shall also address BMP's for subdivisions as required under the 2009 KCSWDM. 2. The applicant will be subject to the City Transportation Impact Fee as a replacement for the City's prior method of pro-rata share contribution prior to plat recording ( or as deferred per FWRC 19 .100.070 (3)(b)). This decision of the Director of Community Development is based on the following findings prepared by city staff. Time Extension Criteria Pursuant to Federal Way Revised Code (FWRC) 19.15.110, "Lapse of Approval-Time Extension," th~ Director may grant a two-year extension to the land use decision, subject to the following criteria. In the interest of clarity, staff reviewing your request has responded to each criterion using information provided by the applicant and relevant city policies justifying the extension approval. (a) Except for the first request for time extension, the applicant has made substantial progress to complete the plat; Staff Response -This is the applicant's first request. Progress on improvements is not required to approve the extension; therefore, staff finds criterion (a) has been met. 35 Mr. Goodwin July 27, 2015 Page 2 (b) There are circumstances beyond the applicant's control which prevent compliance with the time limits; Staff Response -The recent economic downturn, combined with a difficult financing environment, has prevented the development of the proposed lots. Such circumstances are beyond the applicant's control; therefore, staff finds criterion (b) has been met. (c) The extension will not create or continue conditions that constitute a code violation or an attractive nuisance, contribute to erosion and sedimentation problems, or impact the public health, safety, and welfare ; Staff Response -Site conditions have remained unchanged and unimproved since the development was granted approval; therefore, code violations, attractive nuisances, erosion/sedimentation problems, and impacts to public health, safety, and welfare should not arise due to the extension approval. Staff finds criterion (c) has been met. (d) Whether either physical conditions in the vicinity of the plat or codes and requirements of the city, applicable agencies, and utility providers have changed to such a degree since initial approval that it would be contrary to the public interest to extend the life of the plat. Staff Response -Staff finds criterion (d) has been met per responses noted below. (i) Whether the adoption of new codes and/or standards would substantially affect project layout and storm drainage design; Staff Response ( 1) -The following are the stormwater requirements, as a condition of approval of the plat extension: The stormwater systems currently designed for the plat meet the criteria of the 1998 King County Surface Water Design Manual (KCSWDM). Approval of this plat extension requires that the stormwater systems be designed to meet the criteria of the 2009 KCSWDM, including, but not limited to, the flow control (detention) facility, water quality facility, and Best Management Practices (BMP's) for subdivisions. Due to an existing downstream conveyance capacity constraint, the detention facility shall be designed to meet the criteria of a Level 3 flow control facility. This conveyance constraint was identified previously, and the proposed detention facility, as currently designed by Encompass Engineering, meets this level for flow control from the 1998 KCSWDM. Because the current flow control design also utilized a pre- developed condition of a fully forested site, the flow control facility, as currently designed, meets the design requirements of the 2009 KCSWDM, and does not need to be re-designed. The applicant's engineer shall redesign the water quality facility to meet the design criteria of the Enhanced Basic Water Quality menu of the 2009 KCSWDM, and shall also address BMP's for subdivisions as required under the 2009 KCSWDM. (ii) The adequacy of mitigation and/or impact fees to address the cost of mitigation at the end of the expiration period; 15-103181 Doc. I.D. 69952 36 Mr. Goodwin July 27, 2015 Page 3 Staff Response -The applicant shall pay a Transportation Impact Fee (TIF) in lieu of the pro-rata mitigation of $35,322 as identified in the 2006 concurrency decision. The traffic impact fee will be determined by the fee schedule in effect at the time of the plat recording and must be paid at such time, unless deferred per FWRC 19.100.070 (3)(b). For estimation purposes, the TIF fee (2014) rate is approximately $3,205 per SF lot including administrative fee; or $38,463 for 12 lots. (iii) Whether the delayed project is an impediment to other development projects in the vicinity as a result of traffic concurrency reserved capacity. Staff Response -The Public Works Department has determined the delay of an additional two years will not affect capacity for other development projects in the vicinity. Closing This two-year extension approval expires July 6, 2017, or two years following the expiration of the previously approved preliminary short subdivision extension. Please be advised that unless a future extension is granted, Eagle Manor shall be completed per conditions of preliminary approval, or the short subdivision shall expire by limitations set forth in FWRC 18.30.260. If you have any questions regarding this extension, please contact Planning Intern Cory Darrow at 253-835-2622, or cory .darrow@cityoffederalway.com. Sincerely, Isaac Conlen Planning Manager c: Cory Darrow, Planning Intern 15-103181 Doc. l.D. 69952 37 EXHIBITF Proposed Resolution Approving the Eagle Manor Final Plat 38 . . ' RESOLUTION NO. __ A RESOLUTION of the City of Federal Way, Washington, approving the Eagle Manor Final Plat, Federal Way, Washington, File No. 16- 104269-00-SU. WHEREAS, on June 26, 2008, the Federal Way Hearing Examiner conducted a public hearing on the Eagle Manor Preliminary Plat application resulting in the recommendation of the Federal Way Hearing Examiner, dated July 11, 2008; and WHEREAS, the Eagle Manor Preliminary Plat, City of Federal Way File No. 06-106512- 00-SU, was approved subject to conditions on September 2, 2008, by Federal Way City Council Resolution No. 08-533, which adopted the Hearing Examiner's findings and conclusions; and WHEREAS, on July 27, 2015 Federal Way Administrative Decision No. 15-103181-00- AD extended the preliminary plat for two additional years to July 6, 2017; and WHEREAS,. the applicant submitted the final plat application for Eagle Manor within the required seven-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 No. 08-533 and Administrative Decision No. 15-103181-00-AD; and WHEREAS, the City of Federal Way's Community Development and Public Works Departments have reviewed the proposed final plat for its conformance with the conditions of preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth in the Community Development Department Staff Report dated January 9, 2017, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the City Council Land Use and Transportation Committee reviewed and 39 considered the application and staff report for the Eagle Manor Final Plat during its meeting on January 9, 2017; and WHEREAS, the City Council reviewed and considered the application and staff report for the Eagle Manor Final Plat during the City Council's Meeting on January 17, 2017. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Eagle Manor Final Plat, City of Federal Way File No. 16-104269-00-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 January 7, 2017, 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 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. 08-533, dated September 2, 2008, and Federal Way Administrative Decision No. 15-103181-00- 40 ·• AD, dated July 27, 2015, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by the application's vested provision 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 I above, the Eagle Manor Final Plat, City of Federal Way File No. 16-104269-00-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 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. 41 .. 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 _______ , 2017. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: ACTING CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: 42 COUNCIL MEETING DATE: NIA ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FINAL ADMINISTRATIVE DECISION AND APPEAL PROCESS POLICY QUESTION: NI A COMMITTEE: LUTC CATEGORY: D Consent D City Council Business D Ordinance D Resolution STAFF REPORT BY: Mark Orthmann, Acting City Attorney MEETING DATE: January 9, 2017 Public Hearing Other DEPT: Law Background: At the December 6, 2016 Land Use and Transportation Committee ("Committee") meeting, the Committee requested staff to provide information regarding the City's adoption of an ordinance to allow the City's Hearing Examiner to make certain quasi-judicial final administrative decisions in place of the City Council. In 2014, Council adopted Ordinance No. 14-760 to remove itself from the quasi-judicial decision making process and delegate to the City's Hearing Examiner the responsibility of making certain final administrative decisions and hearing final appeals. Council delegated this authority to remove itself from the process to avoid potential challenges to decisions made by Council in contravention of state law and to allow a qualified land use expert (the Hearing Examiner) to make objective decisions that are supported by an appropriate record and free from outside influences. This is the prevalent method employed by cities throughout Washington to make such decisions. MAYOR'S RECOMMENDATION: NIA COMMITTEE RECOMMENDATION: NIA Committee Chair PROPOSED COUNCIL MOTION: NIA NIA Council Initial/Date DIRECTOR APPROVAL: Committee Member Committee Member (BEL OW TO BE COMPLETED BY CITY CLERKS O F FICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-1/2015 43 COUNCIL BILL# 1sT reading Enactment reading ORDINANCE# RESOLUTION # This page left blank intentionally. 44 COUNCIL MEETING DATE: January 17, 2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERAGENCY AGREEMENT WITH WASHINGTON STA TE DEPARTMENT OF ENTERPRISE SERVICES AND AUTHORIZATION TO APPLY FOR A GRANT RELATED TO THE LED STREET LIGHT CONVERSION PROJECT POLICY QUESTION: Should City Council approve the Interagency Agreement with Washington State Department of Enterprise Services and authorize staff to apply for a grant for the LED Street Light Conversion Project COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 9, 2017 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D Public Hearing D Other STAFF REPORT BY. esiree Winkler, P.E. Deputy Public works Director/ Street DEPT: Public Works Systems Manger Attachments: Land Use and Transportation Committee memorandum dated January 9, 2017 Interagency Agreement with WA State Department of Enterprise Services Options Considered: 1. Approve the attached Interagency Agreement with WA State Department of Enterprise Services to contract with Ameresco to complete an Investment Grade Audit (IGA) for the LED Street Light conversion Project; and authorize staff to apply for a Department of Commerce Grant for the LED Street Light Conversion Project. 2. Do not approve the attached lnteragency Agreement with WA State Department of Enterprise Services nor authorize staff to apply for a Department of Commerce Grant for the LED Street Light Conversion Project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the 17, 2017 Council COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 17, 2017 Council Consent Agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "/ move to approve the attached Interagency Agreement with WA State Department of Enterprise Services and authorize staff to apply for a Department of Commerce Grant for the LED Street Light Conversion Project. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED D DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED -02/06/2006 COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLUTION# k:\council\agdbills\2017\jan 17, 2017\01-17-17 interagency agreement with wa state dept of enterprise services for led street light conversion project.doc 45 .. DATE: January 9, 2017 CITY OF FEDERAL WAY MEMORANDUM TO: VIA: Jim Ferrell, Mayor Lan. d Use and Transportation Committee ~ _ J\4.afwan Salloum, P .E., Public Works Directo FROM: (~esiree S. Winkler, P.E., Deputy Public Works Director I Street Systems Manager Interagency Agreement with WA State Department of Enterprise Services; and, SUBJECT: Authorization to Apply for Department of Commerce Grant LED Street Light Conversion Project. BACKGROUND: Project Scope and Costs The City would like to pursue conversion of its existing street lights to Light Emitting Diodes (LED). The conversion would provide several benefits including: cost savings in the form of less energy usage and maintenance, higher quality lighting, and upgraded control options such as dimming. Several surrounding jurisdictions have successfully completed their street light conversion projects using the process described below. The preliminary estimate ofreplacement costs are as follows: Estimated Estimated TOTAL Replacement Qty Cost PSE Owned & Maintained (Schedule S3) 630 $250,000 PSE Owned & Maintained (Schedule 53) - Taken Over from Lakehaven Utility District 1700 $550,000 City Owned & Maintained 1820 $2,080,000 Decorative Light -City Owned & Maintained 400 $480,000 $3,360,000 Energy Savings Performance Contracting The Washington State Department of Enterprise Services (DES) implemented a program to support public agencies in completing energy savings projects through Energy Savings Performance Contracting (RCW 39.35A.050, RCW 39.35C.020). Energy Savings Performance Contracting (ESPC) is defined as follows : • A method of identifying, constructing and financing energy and utility conservation projects. • Uses energy utility dollars saved and utility rebates to pay for the project costs. (e.g. Annual energy and maintenance savings used to retire debt). • Eliminates many risks associated with the design, bid, build (DBB) process by the consultant guaranteeing the maximum construction cost and the energy savings achieved. 46 January 3, 2017 Land Use and Transportation Committee Interagency Agreement with DES and Authorization to Apply for Grant LED Street Lighting Project Page2 DES has developed and maintains a roster of qualified consultants called Energy Service Companies (ESCOs) who can be utilized to implement an energy savings project. Based on review of qualifications, interviews, and positive feedback from several Washington State jurisdictions, staff proposes to utilize Ameresco as its ESCO. In order to hire Ameresco, the City needs to execute an Interagency Agreement with DES. In return, DES provides project management throughout project development and construction. The first step of the ESPC is to have the ESCO complete an Investment Grade Audit (IGA). The IGA will establish the project scope, maximum construction cost, finance cost, minimum energy and maintenance savings, utility rebates, and maximum pay back schedule often (10) years. With the IGA, the city will be able to apply for energy saving grants and State Treasurer finance (bonding) programs. Costs for the IGA can be rolled into the larger capital project costs if a project is pursued. If the larger capital project is not pursued, the cost for the IGA is $5,720.00 that will be paid from the Public Works - Traffic Services -Professional Services budget. Grant Opportunity The LED Street Light Conversion project is eligible to apply for a maximum of $350,000.00 Department of Commerce energy efficiency grant. These grants are due on March 9, 2017 and must have an IGA in order to apply. Next Steps Results of the grant application are estimated to be out in July 2017. Upon notification, staff will return to seek authorization to accept the grant and provide options for pursuing the remaining capital project funding. 47 lnteragency Agreement Department of Enterprise Services Interagency Agreement No: K4360 Date: November 28, 2016 lnteragency Agreement Between the State of Washington Department of Enterprise Services And the · City of Federal Way This Agreement, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Department of Enterprise Services, Engineering & Architectural Services, hereinafter referred to as "DES", and the City of Federal Way, hereinafter referred to as the "CLIENT AGENCY". The purpose of this Agreement is to establish a vehicle for DES to provide future Energy/Utility Conservation Project Management and Monitoring Services to the CLIENT AGENCY and to authorize the development of the energy services proposal. Now therefore, in consideration of the terms and conditions contained herein, or attached and incorporated by reference and made a part hereof, the above-named parties mutually agree as follows: 1. Statement of Work DES shall furnish the necessary personnel and services and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment "A" and Attachment "C", attached hereto and incorporated herein by reference. Unless otherwise specified, DES shall be responsible for performing all fiscal and program responsibilities as set forth in Attachment "A" and Attachment "C". Energy/Utility Conservation projects shall be authorized by Amendment to this Agreement. 2. Terms and Conditions All rights and obligations of the parties to this Agreement shall be subject to and governed by the terms and conditions contained in the text of this Agreement. The CLIENT AGENCY shall provide the Energy Services Company (ESCO) with any additional contract language necessary to comply with the requirements established under federal grants, the American Recovery & Reinvestment Act of2009 (ARRA) and the Energy Efficiency and Conservation Block Grant (EECBG). The ESCO and their subcontractors are required to comply with all applicable federal regulations and reporting procedures. 3. Period of Performance Subject to its other provisions, the period of performance of this master Agreement shall commence when this Agreement is properly signed, and be completed on December 31, 2022 unless altered or amended as provided herein. Interagency Agreement No. K4360 Page 1 of5 48 4. Consideration Compensation under this Agreement shall be by Amendment to this Agreement for each authorized project. Each Amendment will include a payment schedule for the specific project. For Project Management Services provided by DES under Attachment "A" of this Agreement, the CLIENT AGENCY will pay DES a Project Management Fee for services based on the total project value per Project Management Fees Schedule set forth in Attachment "B". If the CLIENT AGENCY decides not to proceed with an Energy/Utility Conservation project that meets CLIENT AGENCY's cost effective criteria, then the CLIENT AGENCY will be charged a Termination Fee per Attachment "B". The Termination Fee will be based on the estimated Total Project Value outlined in the Energy Audit and Energy Services Proposal prepared by the ESCO. If monitoring and verification services are requested by the CLIENT AGENCY and provided by DES under Attachment "C" of this Agreement, the CLIENT AGENCY will pay DES $2,000.00 annually for each year of monitoring and verification services requested. Compensation for services provided by the ESCO shall be paid directly to the ESCO by the CLIENT AGENCY, after DES has reviewed, approved and sent the invoices to the CLIENT AGENCY for payment. 5. Billing Procedure DES shall submit a single invoice to the CLIENT AGENCY upon substantial completion of each authorized project, unless a project specified a Special Billing Condition in the Amendment. Substantial completion of the project will include the delivery and acceptance of closeout documents and commencement of energy savings notification. Each invoice will clearly indicate that it is for the services rendered in performance under this Agreement and shall reflect this Agreement and Amendment number. DES will invoice for any remaining services within 60 days of the termination ofthis Agreement. 6. Payment Procedure The CLIENT AGENCY shallpayall invoiees received from DES within 90 days of receipt of properly executed invoice vouchers. The CLIENT AGENCY shall notify DES in writing if the CLIENT AGENCY cannot pay an invoice within 90 days. 7. Non-Discrimination In the performance of this Agreement, DES shall comply with the provisions of Title VI of the Civil Rights Act of 1964 ( 42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), and Chapter 49.60 RCW, as now or hereafter amended. DES shall not discriminate on the grounds ofrace, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensory, mental, or physical disab'ility in: Interagency Agreement No. K4360 Page 2 of5 49 a) Any terms or conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part and b) Denying an individual the opportunity to participate in any program provided by this Agreement through the provision of services, or otherwise afforded others. In the event of DES' s non-compliance or refusal to comply with the above provisions, this Agreement may be rescinded, canceled, or terminated in whole or in part, and DES declared ineligible for further Agreement with the CLIENT AGENCY. DES 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 therein. 8. Records Maintenance The CLIENT AGENCY and DES 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 services 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. DES will retain all books, · records, documents, and other material relevant to this agreement for six years 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. 9. Contract Management a. The CLIENT AGENCY Representative on this Agreement shall be: Jim Ferrell Mayor 33325 8th Avenue South Federal Way, Washington 98003-6325 Telephone (253) 835-2402 The Representative shall be responsible for working with DES, approving billings and expenses submitted by DES, and accepting any reports from DES. b. The DES Project.Manager on this Agreement shall be: Steve Butros, Energy Engineer Department of Enterprise Services Engineering and Architectural Services Post Office Box 41476 Olympia, Washington 98504-1476 Telephone (360) 407-9381 Steve Butros will be the contact person for all communications regarding the conduct of work under this Agreement. Interagency Agreement No. K4360 Page 3 of 5 50 10. Hold Harmless Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its officers, employees and agents. No party to this Agreement shall be responsible for the acts and/or omissions of entities or individuals not a party to this Agreement. 11. Agreement Alterations and Amendments The CLIENT AGENCY and DES may mutually amend this Agreement. Such Amendments shall not be binding unless they are in writing and signed by personnel authorized to bind the CLIENT AGENCY and DES or their respective delegates. 12. Termination Except as otheiwise provided in this Agreement, either party may terminate this Agteement upon thirty (30) days written notification. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination:. 13. Disputes If a dispute arises under this Agreement, it shall be determined in the following manner: The CLIENT AGENCY shall appoint a member to the Dispute Board. The Director of DES shall appoint a member to the Dispute Board. The CLIENT AGENCY and DES shall jointly appoint a third member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. 14. Order of Precedence In the event of an inconsistency in this Agreement, unless otheiwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: a) Applicable Federal and State Statutes and Regulations b) Terms and Conditions c) Attachment "A", Project Management Scope of Work; Attachments "B", Project Management Fees; and Attachment "C", Monitoring Services Scope of Work, and d) Any other provisions of the Agreement incorporated by reference. 15. All Writings Contained Herein This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otheiwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Interagency Agreement No. K4360 Page4 of5 51 AUTHORIZATION TO PROCEED Agreed to and signed by: City of Federal Way Signature Jim Ferrell Name Mayor Title Date Department of Enterprise Services Engineering & Architectural Services Signature Roger A. Wigfield. PE Name Energy Program Manager Title Date The Department of Enterprise Services provides equal access for all people without regard to race, creed, color, religion, national origin, age, gender, sex, marital status, or disability. Contract information is available in alternative formats. For more information, please call Curtis Pate at (360) 407-7913. K4360IAAagrcp Interagency Agreement No. K4360 Page 5 of5 52 ATTACHMENT A Scope of Work Energy/Utility Conservation Projects Management Services Statewide Energy Performance Contracting Program Master Energy Services Agreement No. 2015-181 B (2) DES will provide the following project management services for each specific project for the CLIENT AGENCY. Each individual project shall be authorized by Amendment to this Agreement. 1. Assist the CLIENT AGENCY in the selection of an Energy Service Company (ESCO) consistent with the requirements of RCW 39.35A for local governments; or 39.35C for state agencies and school districts. 2. Assist in identifying potential energy/utility conservation measures and estimated cost savings. 3. Negotiate scope of work and fee for ESCO audit of the facility(s). 4. Assist in identifying appropriate project funding sources and assist with obtaining project funding. 5. Assist in negotiating the technical, financial and legal issues associated with the ESCO's Energy Services Proposal. 6. Review and recommend approval of ESCO energy/utility audits and Energy Services Proposals. 7. Provide assistance during the design, construction and commissioning processes. 8. Review the ESCO invoice voucher(s) received for reasonableness and forward to CLIENT AGENCY for review and payment. 9. Assist with final project acceptance. 10. Provide other services as required to complete a successful energy performance contract. Interagency Agreement No. K4360 53 ATTACHMENT B Fee Schedule 2015-17 Interagency Reimbursement Costs for Project Management Fees to Administer · Energy/Utility Conservation Projects TOTAL PROJECT VALUE PROJECT MANAGEMENT FEE TERMINATION 5,000,001 ...... 6,000,000 ................................. $66,000 ............................... 25,700 4,000,001.. ... .5,000,000 .................................. 65,000 ............................... 25,400 3,000,001 ..... .4,000,000 ··········· ..................... .. 64,000 ........................ ....... 25,000 2,000,001 ..... .3,000,000 ·································· 60,000 ............................... 23,400 1,500,001 ...... 2,000,000 .................................. 56,000 ······························· 21,800 1,000,001 ...... 1,500,000 .................................. 49,500 ······························· 19,300 900,001. .... 1,000,000 ·································· 42,000 ······························· 16,400 800,001 ........ 900,000 .................................. 39,600 ............................... 15,400 700,001 ........ 800,000 .................................. 36,800 ............................... 14,400 600,001 ........ 700,000 .................................. 35,000 ······························· 13,700 500,001 ........ 600,000 .................................. 32,400 ······························· 12,600 400,001 ........ 500,000 .................................. 29,000 ............................... 11,300 300,001 ........ 400,000 .................................. 24,800 ······························· 9,700 200,001 ........ 300,000 ·································· 19,800 ................................ 7,700 100,001 ........ 200,000 ............ : ..................... 13,800 ································ 5,400 50,001 ........ 100,000 .................................... 7,500 ................................ 3,500 20,001 .......... 50,000 .................................... 4,000 ································ 2,000 0 .......... 20,000 ................................... 2,000 ................................ 1,000 The project management fee on projects over $6,000,000 is 1.1 % of the project cost. The maximum DES termination fee is $25,700. 1. These fees cover project management services for energy/utility conservation projects managed by DES's Energy Program. 2. Termination fees cover the selection and project management costs associated with managing the ESCO's investment grade audit and proposal that identifies cost effective conservation measures if the CLIENT AGENCY decides not to proceed with the project through DES. 3. If the project meets the CLIENT AGENCY's cost effectiveness criteria and the CLIENT AGENCY decides not to move forward with a project, then the CLIENT AGENCY will be invoiced per Attachment B Termination or $25,700 whichever is less. If the CLIENT AGENCY decides to proceed with the project then the Agreement will be amended per Attachment B for Project Management Fee. 4. If the audit fails to produce a project that meets the CLIENT AGENCY's established Cost Effectiveness Criteria, then there is no cost to the CLIENT AGENCY and no further obligation by the CLIENT AGENCY. Interagency Agreement No. K4360 Revised 3/12/2012 54 ATTACHMENT C Scope of Work Energy/Utility Conservation Projects Monitoring Services Statewide Energy Performance Contracting Program Master Energy Services Agreement No. 2015-181 B (2) If requested DES will provide the following monitoring services for each specific project for the CLIENT AGENCY. 1. Monitor actual energy use and dollar costs, compare with the ESCO's annual Measurement and Verification (M& V) report and any ESCO guarantee, resolve differences, if needed, and approve any vouchers for payment. 2. Monitor facility operations including any changes in operating hours, changes in square footage, additional energy consuming equipment and negotiate changes in baseline energy use which may impact energy savings. 3. Provide annual letter report describing the ESCO's performance, equipment performance and operation, energy savings and additional opportunities, if any, to reduce energy costs. Interagency Agreement No. K4360 55 STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES 1500 Jefferson St SE, Olympia, WA 98501 PO Bo,c 41476, Olympia, WA 985'U-1476 December 22, 2016 TO: FROM: RE: Jim Ferrell, Mayor City of Federal Way Curtis Pate, Contracts Specialist, (360) 407-7913 Engineering & Architectural Services Agreement No. 2017-141 A (1) Roadway Lighting Upgrades Ameresco Incorporated SUBJECT: Funding Approval The Department of Enterprise Services, Engineering & Architectural Services, requires funding approval for the above referenced contract document(s). The amount required is as follows: Energy Audit and Energy Services Proposal Total $ 5,720.00 $ 5,720.00 In accordance with the provisions of RCW 43.88, the signature affixed below certifies to Engineering & Architectural Services that the above identified funds are appropriated, allotted or that funding will be obtained from other sources available to the using client/agency. The using/client agency bears the liability for any issues related to the funding for this project. By~~~~~~~~~~~~~~~~~~~~~~- Jim Ferrell, Mayor, City of Federal Way Date Please sign and return this form to E&AS. If you have any questions, please call me . 2017141Afndcp 56 222 Williams Avenue South, Suite 100 Renton, WA 98057 P : 206 522 4270 F: 425 687 3171 ameresco.com December 19, 2016 Mr. Steve Butros Department of Enterprise Services 1500 Jefferson Street SE PO Box 41476 Olympia, WA 98504-1401 SUBJECT: Audit Fee Proposal City of Federal Way-Roadway Lighting Dear Steve, We are pleased to submit this proposal for the audit phase of the City of Federal Way Energy Efficiency Upgrade~. The facilities which have been identified by the City are: City-owned roadway lighting. Ameresco will provide engineering services for the subject project in accordance with the following: Engineering Services A. Audit Phase Services will include: Ameresco will undertake an Energy Audit of the Facilities. The Energy Audit will identify cost effective Energy Conservation Measures (ECMs ). Ameresco will present to the Owner a written Energy Services Proposal, including the Energy Audit Documentation. The Energy Services Proposal will set forth at least the following: 1. A description of the Facility and a description of those buildings and systems which will receive ESCO Equipment and ESCO Services; 2. The Cost Effective ECMs to be installed or caused to be installed by the ESCO and a description of the ECMs analyzed but disqualified under the cost effectiveness criteria; 3. The services that the ESCO will perform on or in the Facility, including but not limited to engineering, construction management, the operations and maintenance procedures for use on ESCO Equipment, training for Facility personnel, providing warranty service, and equipment maintenance; 4. The Maximum Allowable Project Cost, itemized in detail; 5. Recommendations for replacement of Existing Equipment, along with recommendations for improvements to Existing Equipment and Operating Conditions; 6. The standards of comfort and service appropriate for the Facility; 7. The Baseline Energy Consumption for the existing roadway lighting, methodology and variables used to compute the Baseline, and the Baseline calendar period which will not be less than twelve (12) months; 0 •u,1 0 1 •II •• o I 111111 • 57 City of Federal Way Roadway Lighting Page 2 of4 8. The guaranteed Energy Savings and estimated Energy Cost Savings that are expected to result from the installation of the ESCO Equipment and from the ESCO Service and an explanation of the method used to make the estimate; 9. The method by which Energy Savings and Energy Cost Savings will be calculated during the term of the Energy Services Agreement; 10. A description of how the ESCO will finance its acquisition of the ESCO Equipment and when title to the ESCO Equipment will pass to the Owner; 11. A description of how the Energy Savings will be guaranteed by the ESCO; 12. A description of how the ESCO proposes to be compensated; 13. The term of the Energy Services Agreement; 14. The schedule for project completion; 15. The nature and extent of work and equipment that the ESCO anticipates it will receive from other firms under sub-contract; 16. Preliminary measurement & verification (M&V) plan: The ESCO will provide on-going measurement and verification to help ensure the predicted savings are achieved throughout the first year of the agreement. Post installation Measurement and Verification (M& V) will be performed based on the International Performance Measurement and Verification Protocol (IPMVP) -Option A (Retrofit Isolation-Key Parameter Measurement), and on Section IX -Method of Calculating Energy Savings and Energy Cost Savirigs. The ESCO will attend o·ne annual meeting to review the Measurement & Verificatioh results and reconcile energy savings. Conservation measures will include items that save· energy or other resources (including various cost savings measures). The Energy Audit will provide detailed documentation of fieldwork for the audit, calculation input and output in support of the recommendations made in the Energy Services Proposal, economic and engineering assumptions, sketches, floor plans, and any other information developed during the Audit. Cost Effectiveness Criteria It is understood that the cost effectiveness criteria for this project is as follows: 1. Future post-project cash flow, including utility bill savings, maintenance savings, and financing costs will be neutral or positive with respect to pre-project cash flow, assuming a finance term of no more than ten years. 2. The selected Energy Conservation Measures (ECMs) will be evaluated as a bundle in determining whether they meet the cost-effectiveness criteria. 3. The total cost of implementing the ECMs will include the cost of the investment grade audit, design, labor and materials, construction management, DES fees, ESCO fees, bonding, permits, taxes, and other costs that may be agreed to. 4. All utility rebates, State grants, or other rebates and grants associated with the proposed bundle of ECMs will be deducted from the cost of implementing them before determining their cost-effectiveness. 5. No more than 90% of the energy cost savings and 100% of the maintenance cost savings (purchased parts and service contracts, but not internal labor costs) will be used for determining cost-effectiveness. 6. The finance period for the proposed bundle of ECMs may not exceed their average useful life. 58 City of Federal Way Roadway Lighting Page 3 of4 • If Ameresco is NOT able to develop a project that meets the above cost effectiveness criteria, the associated audit fee will be waived. • If Ameresco develops a project that meets the cost effectiveness criteria, the City is responsible for the full amount of the audit; the audit fee can either be rolled into the construction contract or be paid in full by the City. · Fee for Engineering Services: A. Basis and amount: Fixed Fee for Services Energy Audit: $5,720 It is understood by Ameresco that payment and terms are contingent upon the requirements set forth in the Energy Services Proposal. Schedule for Engineering Services: The Energy Audit will be completed within 90 days of the Notice to Proceed. It is understood the IGA report and associated Energy Services Proposal will be required for a Department of Commerce Energy Efficiency Grant Application on March 9, 2017. We at Ameresco, Inc. appreciate the opportunity to provide these services. If this proposal for Audit Services is satisfactory, please forward contract documents. Sincerely, Ameresco, Inc. Grant A. Thorsland Regional Manager -Northwest Attachments: Fee Pr~posal, List of Facilities and Square Footage, Conservation Measure Lists 59 City of Federal Way Roadway Lighting Page 4 of4 ECM List: FW-Ll Lighting Retrofit (roadway): This measure will replace City-owned roadway lighting with LED. Options for controls will be induded. PAYBACK RANK NOTES: 1) Measures that are likely to pay for themselves through energy savinss and utlllty Incentives. 2) Measures that may pay for themselves, or may require some capital Infusion 3) Measures that will require sisnlficant ( >50%) capita! infusion Houri Summary: Field/Audit Analysis/Calculations Evaluation pf ECll/ls Report Write-up Customer Presentation Travel Total Hours: Hourly Rate: Estimated Fee for Services: $ $ 4 24 8 4 4 44 130 5,720 Construction Manapr 0 $ 120 $ $ $ 0 120 Frellf Audit Tedlaldan/ TQ/Oc 0 $ 105 $ $ $ 0 75 Total Audit Fee -Energy Project: 60 k 1-2 $ $ 24 8 4 0 4 44 5,720 5,720 COUNCIL MEETING DATE: January 17, 2017 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM#: SUBJECT: RESOLUTION: Acceptance of Grant Funding for Transportation hnprovement Projects -Authorization to Accept Grant Funding POLICY QUESTION: Should City Council authorize staff to accept Federal Grant Funding for Transportation Improvement Projects? COMMITTEE: Land Use and Transportation Committee CATEGORY: IZ! Consent D D Ordinance IZ! Resolution MEETING DATE: January 9, 2017 D Public Hearing D Other STAFF REPORT BY: esiree Winkler, P .E. Deputy Public works Director/ Street DEPT: Public Works Systems Manger Attachments: Land Use and Transportation Committee memorandum dated January 9, 2017 Resolution to accept Federal Grant Funding Options Considered: 1. Approve the attached resolution to accept Federal Grant Funding for the following two projects: • Federal Way Adaptive Signal Control System Phase II Project • Military Road and S298th Street Compact Roundabout Project 2. Do not approve the attached resolution to accept Federal Grant Funding and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the COMMITTEE RECOMMENDATION: I move to forward Option· I to the January 17, 2017 Council Consent Agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the attached resolution to accept Federal Grant Funding for the following projects: Federal Way Adaptive Signal Control System Phase II Project and the Military Road and S298th Street Compact Roundabout Project." (BELOW TO BE COMPLETED BY CITY CLERKS OFFTC EJ COUNCIL ACTION: D APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED -02/06/2006 COUNCIL BILL# 18T reading Enactment reading ORDINANCE# RESOLUTION# k:\council\agdbills\2017\01-17-17 acceptance of grant funding for transportation improvement projects.doc 61 DATE: TO: VIA: FROM: January 9, 2017 City Council CITY OF FEDERAL WAY MEMORANDUM Jim Ferrell, Mayor ~ ~ ~ ~ Marwan Salloum, P.E., Public Works Directo~ ~siree Winkler, P.E., Deputy Public Works Director/Street Systems Manager 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 the Washington State Department of Transportation (WSDOT) Highway Safety Improvement Program, Safe Route to School Program, and Pedestrian and Bicycle Safety Program Funding. Project (Funding Phase) Grant E1timated Project Cost Adaptive Traffic Signal Control System -Phase 2 -SR 99 South SR 161 S 348th St 'Desi n and Construction Highway Safety Improvement Program $1,000,000 (Federal Funds) High Collision Safety Remediation Grant Fund Amount $900,000 Required City Match $100,000* -Military Road and S298th Street Compact Roundabout Project (Design, Right of Way and Co11structio11 Highway Safety Improvement Program $806,436 $723,093 $83,343* Federal Funds) Steel Lake Park Pedestrian and Bicycle Safety -S 312th St: Steel Lake Park-28th Ave S esi n and Construction) Pedestrian and Bicycle Safety Program $1,000,000 $0.0 $0.0 (State Funds) Lakota Middle School Safe Route to School (SRTS) -SR 509: 21st Ave SW -SW 312th St (Design and Construction) Safe Routes to Schools Program $1,500,000 (Federal Funds) Olympic View Elementary School Safe Route to School (SRTS) -26th Ave SW: SW 327'h St-SW 330th St (Design and Construction) $0.00 PSRC Countywide $600,000 $0.00 (Federal Funds) $0.00 $0.00 * The required City match for this grant will be provided by transferring the required amount from other completed projects and/or Unappropriated Transportation Fund to this project. K :\LUTC\2017\01-09-2017 Acceptance of Grant Funding for Transportatj~ Projects .doc RESOLUTION NO. __ A RESOLUTION of the City of Federal Way, Washington, authorizing execution of a Local Agency Agreement with Washington State Department of Transportation regarding improvement to the Adaptive Signal Control System Phase II and the Military Road and S. 298th Street Compact Roundabout Project in the City of Federal Way, Washington. WHEREAS, the City of Federal Way applied for Washington State Department of Transportation funding for the purpose of design and construction phases of the Federal Way Adaptive Signal Control System Phase II and the design, right-of-way, and construction phases of the Military Road and S. 298th Street Compact Roundabout Project within the City; and WHEREAS, the Washington State Department of Transportation agreed to grant the City of Federal Way federal funds in the total amount of Nine Hundred Thousand and no/100 Dollars ($900,000.00) for the Adaptive Signal Control System Phase II Project and Seven Hundred and Twenty Three Thousand Ninety Three and no/100 Dollars ($723,093.00) for the Military Road and S. 298th Street Compact Roundabout Project provided that the City Council authorizes the Mayor to enter into the Local Agency Agreements; and WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local Agency Agreements; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to Resolution No. 17-__ 63 Page 1 of 3 Rev 1/15 accept and receive the state and federal funds estimated to be Nine Hundred Thousand and no/100 Dollars ($900,000.00) for the Adaptive Signal Control System Phase II Project and Seven Hundred and Twenty-Three Thousand Ninety-Three and no/100 Dollars ($723,093.00) for the Military Road and S. 298th Street Compact Roundabout Project. Section 2. Execution of Accg,tance of the Local Agency Agreements. The Mayor or his designee is hereby authorized to execute the Local Agency Agreements regarding improvements to the Adaptive Signal Control System Project Phase II and the Military Road and S. 298th Street Compact Roundabout Project in the city of Federal Way. Section 3. Matching Funds. Pursuant to the terms of the Local Agency Agreement, the City is required to commit matching funds of approximately One Hundred Thousand and no/100 Dollars ($100,000.00) for the Adaptive Signal Control System Phase II Project and Eighty-Three Thousand Three Hundred Forty-Three and no/100 Dollars ($83,343.00) for the Military Road and S. 298th Street Compact Roundabout Project. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Resolution No. 17-__ 64 Pagel of3 Rev 1/15 >' 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 January, 2017. 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. 17-__ 65 Page3 of3 Rev 1/15 .I This page left blank intentionally. 66 COUNCIL MEETING DATE: January 17, 2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Asphalt Overlay -Joint Construction Agreement with Puget Sound Energy for the SW 330th Street Gas Main Replacement (6th Ave SW to 1st Ave S). POLICY QUESTION: Should the Council approve the Asphalt Overlay -Joint Construction Agreement with Puget Sound Energy for the SW 330th Street Gas Main Replacement (6th Ave SW to 1st Ave S.)? COMMITTEE: Land Use and Transportation Committee CATEGORY: IZJ Consent D City Council Business D Ordinance D Resolution MEETING DATE: January 9, 2017 D D Public Hearing Other STAFF REPORT BY: Desiree S. Winkler, P.E., Deputy Public Works Director/ DEPT: Public Works Street Systems Manager Attachments: 1. Land Use and Transportation Committee memorandum dated January 9, 2017 2. Joint Construction Agreement with Puget Sound Energy (PSE) Options Considered: 1. Authorize the Mayor to execute the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for the Asphalt Overlay for the SW 330th Street Gas Main Replacement (6th Ave SW to 1st Ave S.). 2. Do not authorize the Mayor to execute the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for Asphalt Overlay for the SW 330th Street Gas Main Replacement (6th Ave SW tolstAveS .. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 1 Consent Agenda for a pprov COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the January 17, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval of the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy Asphalt Overlay for the SW 33(/h Street Gas Main Replacement (6th Ave SW to 1st Ave S.) effective January 17, 2017 and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-1/2015 67 COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLUTION# DATE: January 9, 2017 CITY OF FEDERAL WAY MEMORANDUM TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor ~ ~ FROM· Marwan Salloum , P.E ., Public Works Director ~ • ~esiree S. Winkler, P.E., Deputy Public Works Director / Street Systems Manager SUBJECT· Asphalt Overlay for the SW 3301h Street Gas Main Repalcement (6 th Ave SW to 1st Ave S); · Joint Construction Agreement wi th Puget Sound Energy (PS E) BACKGROUND: Puget Sound Energy (PSE) is in the process of completing a gas main replacement project on SW 330th Street between 6th Ave SW and 1st Ave SW. PSE is required to complete a full-width asphalt overlay of their project limits due to the number of pavement cuts required to complete their work. The City completes an annual asphalt overlay project and the 2017 Asphalt Overlay Program includes 10th Ave SW that is immediate adjacent to PSE's gas main replacement project on SW 330th Street. In an effort to minimize disruption to the traveling public, provide a consistent quality product, and potentially provide PSE cost savings, the City proposes to complete the 330th Street (6th Ave SW to 1st Ave SW) as part of its 2017 Asphalt Overlay Program as an added bid schedule to the project. A separate bid schedule will be included in the project bid documents for the costs associated with PSE's overlay. Per the attached agreement, PSE will reimburse the City for all design, construction management, and construction contract costs associated with the asphalt overlay. The total estimated cost which PSE will pay to the City will be determined after bids are opened. The final cost will be based on actual quantities. The attached Joint Construction Agreement shows the methodology used to calculate the costs to be billed to PSE. In addition, PSE will be required to complete a pavement overlay along their gas main replacement project limits in the West Campus Neighborhood (6th Ave SW and related side streets). This project is more extensive and public works staff did not have the resources to incorporate these streets in the 2017 Asphalt Overlay Program . Depending on the results of the SW 330th Street overlay, the city will look consider incorporating PSE overlay work in the future. 68 JOINT CONSTRUCTION AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND PUGET SOUND ENERGY FOR THE Asphalt Overlay for the SW 330th Street Gas Main Replacement (6th Avenue SW TO 1st Avenue S) TH IS AGREEMENT is made and entered into this __ day of , 2017, by and between the City of Federal Way {hereinafter "City") and Puget Sound Energy {hereinafter "PSE"), collectively referred to herein as the "Parties." WHEREAS, the City proposes to proceed with the 2017 Asphalt Overlay Project; and WHEREAS, in connection with the SW 330th Street Gas Main Replacement Project being undertaken by PSE {hereinafter "PSE Project"), PSE will be required to complete a full-width asphalt overlay throughout its project limits; and WHEREAS, the City will be completing an overlay on 10th Avenue SW immediately adjacent to the PSE Project; and WHEREAS, PSE can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for PSE as described in Exhibit A, including letting a public works construction contract for asphalt overlay, providing design and construction management services, and providing Project administration in support thereof; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. GAS MAIN REPLACEMENT, SELECT GAS MAIN REMOVAL, AND PERMANENT PATCHING. PSE agrees to perform predesign/design and construction work for the replacement of its facilities and removal of all abandoned gas main at all street crossings as required in their right-of-way permit. PSE shall provide the City all drawings necessary to acquire a right-of-way permit and abide by all right of way permit requirements. PSE shall complete all permanent pavement patching in accordance to the right of way permit n.o later than April 1, 2017. II. BIDDING AND CONSTRUCTION FOR PAVEMENT RESTORATION . It is the intention of the City and PSE that the full-width asphalt overlay shall be incorporated into the City's 2017 Asphalt Overlay Contract Bid Documents as a separate bid schedule for the PSE Project in such manner as to allow .identification of the PSE Work to be performed by the City on behalf of PSE. Ill. CONTRACT ADM INIST RAT ION . A. The City shall provide the necessary administrative, construction observation, Asphalt Overlay -SW 3301h Street (61h Ave SW to 1st Ave S) Page 1 January 2017 69 and clerical services necessary for the execution of the performance of the PSE Work. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. PSE grants to the City Public Works Director · and/or his or her designee authority to perform the PSE Work in accordance with the provisions of this Agreement. B. PSE shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the PSE Work, which changes shall be made, if feasible. The City shall notify PSE, in writing, of any changes required of the PSE Work and shall obtain PSE's approval of such changes. PSE's approval shall not be unreasonably withheld. PSE shall be responsible for all costs incurred by the City, directly or indirectly, as a result of changes to the PSE Work that are requested or approved in writing by PSE. IV. PAYMENT. A. PSE shall reimburse the City for all actual costs incurred by the City in performing the PSE Work, which costs shall include but are not limited to the PSE Work performed by the Project contractor(s), all PSE and City requested changes as agreed upon per Section 111(8) of this Agreement, and PSE's cost of the City services described in Paragraph Ill (a) herein, all as more particularly described in Exhibit A. B. All payments shall be due from PSE to the City within thirty (30) days after PSE receives invoice(s): Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold PSE, its officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. PSE agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or · connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of PSE, its agents or employees, or by PSE's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the PSE Project and may be extended for additional periods of time upon mutual. written agreement of the City and PSE. Asphalt Overlay -SW 3301h Street (61h Ave SW to 1"1 Ave S) Page 2 January 2017 70 VII. OTHER PROVISIONS. A. Upon completion of the construction and City's acceptance of the PSE Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to PSE for any final payment due. B. This Agreement contains the entire agreement of the City and PSE, and supersedes all prior discussions between them, with regard to the City's performance of the PSE Work for the project. For the avoidance of doubt, nothing in this Agreement will alter, amend or supersede any franchise or other written agreement between the City and PSE; rather, the same will remain in full force and effect in accordance with their respective terms. This Agreement may be amended only in writing, signed by both Parties. C. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. Asphalt Overlay-SW 3301h Street (6th Ave SW to 151 Ave S) Page3 January 2017 71 IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY Jim Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98063-6325 (253) 835-2401 APPROVED AS TO FORM: City Attorney ATTEST: Stephanie Courtney, City Clerk Asphalt Overlay-SW 330 1h Street (61h Ave SW to 151 Ave S) 72 PUGET SOUND ENERGY Andy Markos Manager.Municipal Relations 01.ympic Region 6522 Kitsap \~Jay KSP -SVC Bremerton, WA 98312 (253) 380-6903 APPROVED AS TO FORM: Puget Sound Energy General Counsel Page4 January 2017 ' Exhibit A Estimated Costs Asphalt Overlay for the SW 330th Street -Gas Main Replacement (6th Ave SW to 1st Avenue S) EST/MA TED CONSTRUCTION, PROJECT ADM/NISTRA TION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING PUGET SOUND ENERGY GAS ASPHALT OVERLAY IN THE CITY'S 2017 ASPHALT OVERLAY PROJECT Scheclule PSE -SW 330th Street from 6th Ave SW to 1st Ave S (Full Width Estimate) Item Approx . No. Item Description Qty Unit Unit Price Total Bid 1 Mobilization 1 LS $16,496.97 $16,496.97 2 Traffic Control Labor 450 HR $50.00 $22,500.00 3 Other Traffic Control Labor 50 HR $50.00 $2,500.00 4 Off Duty Uniformed Police Officer 48 HR $67.00 $3,216.00 5 Asphalt/Cement Concrete Sawcutting 700 LF $0.85 $595.00 6 Planing Bituminous Pa"8ment 7476 SY $3.95 $29,530.20 7 HMA Class 1 /2" PG 64-22 1078 1N $69.00 $74,382 .00 8 HMA Class 1/2" PG 64-22 for Traffic Circle Apron 32 1N $126.00 $4,032.00 9 Raised Crosswalk, Complete 1. EA $3 ,500.00 $3,500.00 10 Pedestrian Refuge Island, Complete 1 LS $6,500.00 $6,500.00 11 Removal and Replacement of Concrete Sidewalk 20 SY $120.00 $2,400.00 12 Raised Pa"8ment Marker, Type 2 2.5 HUND $500.00 $1,250.00 13 Hydrant Marker, Type 28 4 EA $20.00 $80.00 14 Paint Line 5544 LF $0.75 $4,158.00 15 Plastic Wide Line 97 LF $5.00 $485.00 16 Plastic Crosswalk Line 400 LF $5.00 $2,000.00 17 Plastic Stop Line 24 LF $5.00 $120.00 18 Plastic Dotted Extended Line 224 LF $5.00 $1,120 .00 19 Plastic Traffic Arrow 8 EA $100.00 $800.00 20 Plastic Yield Line 32 EA $80.00 $2,560.00 21 Asphalt Apron Painting 841 SF $1.50 $1,261.50 22 Sod Incl. 4" Topsoil 12 SY $65.00 $780.00 23 Portable Changeable Message Sign 16 DAY $75.00 $1,200.00 Subtotal= $181,466.67 --------Design= $18,146.67 .. . --Engineer (Construction Management) = $27,220.00 ~ -Project Total (Design+ Construction)= $226,833.34 . I 5% Project Administration = $11,341.67 -.. - Project TOT AL = $238, 175.00 NOTE: **Costs presented are estimates only. Actual field measured quantities and unit bid prices of contract awarded to lowest responsive responsible bidder will be used to calculate final cost of Puget Sound Energy's reimbursementto the City. Asphalt Overlay-SW 330 1h Street (6th Ave SW to 1st Ave S) Page5 January 2017 73 This page left blank intentionally. 74 COUNCIL MEETING DATE: January 17, 2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: SETTING A PUBLIC HEARING DATE FOR AMENDMENT OF THE 2017-22 TRANSPORTATION IMPROVEMENT PLAN POLICY QUESTION: Should Council set a public hearing date for the proposed amendment to the 2017-22 Transportation Improvement Plan on February 21, 2017? COMMITTEE: Land Use/ Transportation CATEGORY: 1:8] Consent D City Council Business D Ordinance D Resolution MEETING DATE: January 9, 2017 D D Public Hearing Other Attachments: Land Use and Transportation Committee memorandum dated January 9, 2017. Options Considered: 1. Authorize staff to proceed setting the Public Hearing date for the proposed amendment to the 2017-22 Transportation Improvement Plan on February 21, 2017. 2. Set Public Hearin on an alternative date recommended b the committee. --------------- MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Januar Council Consent Agenda for approval. COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 17, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "/ move approval of the resolution setting the date of a Public Hearing for the proposed amendment to the 2017-22 Transportation Improvement Plan on February 21, 2017." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-1/2015 75 COUNCIL BILL# 1sT reading Enactment reading ORDINANCE# RESOLUTION # DATE: TO: VIA: FROM: SUBJECT: January 7, 2017 CITY OF FEDERAL WAY MEMORANDUM Land Use/ Transportation Committee Jim Ferrell, Mayor Marwan Salloum, P .E., Director of PublicA ~rks Rick Perez, P.E., City Traffic Engineer /ff' Resolution: Setting Public Hearing Date for Amendment to the 2017-22 Transportation Improvement Plan BACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington (RCW), the City of Federal Way adopted its original Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis to reflect the City's current and future street and arterial needs. Any new projects funded would require amendment to the TIP. The City has been awarded grants that require listing on an amended TIP prior to the annual update. The City is required to hold a minimum of one public hearing on the revised plans. Staff proposes that this occur at the February 21, 2017, City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The attached Resolution sets the public hearing date for the February 21, 2017 City Council meeting. The amended TIP will also be presented to the Land Use and Transportation Committee on February 6, 2017. cc: Project File Day File 76 RESOLUTION NO. --- A RESOLUTION of the City of Federal Way, Washington, setting a Public Hearing date of Tuesday, February 21, 2017 for adoption of a revised Six-Year Transportation Improvement Program and Arterial Street Improvement Plan. WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City Council of the City of Federal Way must adopt a revised and extended Six-Year Transportation hnprovement Program (''TIP") and Arterial Street hnprovement Plan ("ASIP") annually; and WHEREAS, pursuant to RCW 35.77.010 and supporting laws and regulations, a public hearing must be held prior to the adoption of the revised and extended Six-Year Transportation hnprovement Program and Arterial Street hnprovement Plan; and WHEREAS, award of grant funds that were not anticipated at the time of adoption of the 2017-22 Federal Way Transportation hnprovement Plan and Arterial Street Improvement Plan have been awarded to the City; and WHEREAS, an amended 2017-22 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan is proposed in order to expedite the newly-funded projects; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Public Hearing. A public hearing shall be held on the amended 2017-22 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan at the regular meeting of the City Council at 7:00 p.m. on Tuesday, February 21, 2017, at the Federal Way City Hall Council Chambers. Resolution No. 17-__ 77 Page I o/3 Rev 1/15 Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of . competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary .corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this ___ day of ______ _, 20_ CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC Resolution No. 17-__ 78 Page2of3 Rev 1/15 APPROVED AS TO FORM: CITY ATTORNEY, FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 17-__ 79 Page3of3 Rev 1/15