Council PKT 06-20-2017 Regular
CITY COUNCIL
REGULAR MEETING AGENDA
Council Chambers - City Hall
June 20, 2017 – 7:00 p.m.
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Council Proclamation: Honoring Lieutenant Vince Faranda, Deputy Fire Marshall
b. Recognition of South King Fire for Recent Significant Fire Response
c. Certificates of Recognition: Todd Beamer High School Boys 4A State Soccer
Champions
d. Mayoral Proclamation: Honor Guards Day – July 1
e. Fourth of July – Fireworks Enforcement Briefing (Deputy Chief Steve Neal)
f. Joe’s Creek Watershed – Data Analysis Report (Theresa Thurlow, Surface Water
Manager)
g. Mayor’s Emerging Issues and Report
th
24 Annual Red, White and Blues Festival – July 4 at Celebration Park – Parks Director
John Hutton
Greater Federal Way IEMC Training – Emergency Manager Ray Gross
Neighborhood Connection Meeting Recap – Decatur High School (6/14)
Update on Federal Way University Initiative Meeting (6/20)
Report on Community Events:
Ribbon Cutting Ceremony KBS Washington (6/9); Flag Day Celebration (6/10); Cogent
FW Data Center Grand Opening (6/15); Home & Home Ribbon Cutting (6/16);
Performing Arts & Event Center Press Conference (6/20); Miles for Meso 5K walk/run
(7/4); North Lake Parade (7/4);
Report on Regional and Community Meetings:
Chamber Quarterly Meeting (6/14); PSRC Meeting (6/22); Korean Community
Quarterly Update (6/22); SCA Board Meeting (6/28); SCORE Meeting (6/28)
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING.
When recognized by the Mayor, come forward to the podium and state your name for the record. Please
limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes,
relate negatively to other individuals, or are otherwise inappropriate.
The City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are
available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access
Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: June 6, 2017 Regular and Special Meeting Minutes
…page 30
b. Steel Lake Park to Downtown Trail Project - Bid Award
…page 39
c. 2017 Surface Water Management Capital Improvement Program (CIP) Update
…page
42
d. Submittal of Transportation Grant Application
… page 50
e. Ballistic Vest Partnership (BVP) Grant
…page 53
f. Amendment No. 1 to the Washington Traffic Safety Commission (WTSC) Target Zero
Team (TZT) Interagency Funding
…page 56
6. PUBLIC HEARING
a. Resolution: 2018-2023 Transportation Improvement Plan
…page 59
Staff Report: Rick Perez, City Traffic Engineer
Citizen Comments
Council Discussion/Action
b. First Amendment to the 2016 Community Development Block Grant (CDBG) Annual
Action Plan
…page 67
Staff Report: Jeff Watson, Human Services Manager
Citizen Comments
Council Discussion/Action
7. COUNCIL BUSINESS
a. Sound Transit - City Services Agreement
…page 95
b. 2017-2018 Right-of-Way Landscape Maintenance Contract Bid Award
…page 120
8. ORDINANCES
First Reading
a. Council Bill #726/ Adding New Chapter 19.285 to FWRC for Historic
Preservation
…page 131
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO THE
PROTECTION AND PRESERVATION OF LANDMARKS AND ADDING NEW CHAPTER 19.285
TO THE FEDERAL WAY REVISED CODE.
Second Reading
b. Council Bill #725/ Zayo Franchise Ordinance Amendment
…page 165
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON AMENDING THE
NONEXCLUSIVE FRANCHISE GRANTED TO ZAYO GROUP, LLC, TO OCCUPY RIGHTS-OF-
WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE
AREA FOR THE PURPOSES OF INSTALLING FIBER OPTIC NETWORK WITHIN AND
THROUGH THE CITY OF FEDERAL WAY (AMENDING ORDINANCE NOS. 13-738 AND NO. 14-
773)
The City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are
available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access
Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
9. COUNCIL REPORTS
10. ADJOURNMENT
The City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are
available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access
Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
Federal Way
PROCLAMATION
"Lieutenant Vince Faranda Day"
WHEREAS, Lieutenant Vince Faranda, Deputy Fire Marshal served our
community with bravery and the uncommon valor firefighters show by sacrificing
themselves for the safety of our lives and property; and
WHEREAS, these unlikely Angels in black and yellow, covered in smoke and soot
stand before hells gate and say, not in my town and not today; and44
WHEREAS, the City of Federal Way is grateful for the service of the men and
women of South King Fire & Rescue and their contributions to our community as
we recognize it is of major importance that we increase our efforts to reduce
deaths, injuries, and property losses from fire;
WHEREAS, our community lost Vince Faranda due to an illness associated with
his service; and
WHEREAS, we thank his family, notably his wife, Denise, daughters Kaylin and
Kylee, and son Tony for their sacrifice and extend our gratitude and knowledge
that Federal Way will cherish the memory of their beloved husband and father.
NOW, THEREFORE, we the undersigned Mayor and City Council of the City of
Federal Way, call upon all citizens and upon our patriotic, civic, and educational
organizations to observe the day of Friday, June 23, 2017, in recognition of the
service, sacrifice, and life of Lieutenant Vince Faranda, Deputy Fire Marshal by
flying your American Flags proudly in Vince's honor.
SIGNED this 20th day ofJune, 2017.
F : ERAL WAY MAYOR AND CITY COUNCIL
Ferrell, Mayor
Lydia Assefa -Daw
Susan Honda
IAi/1 c "1
n, Councilmember
ouncilmember
Martin Moore, Councilmember
0-4 nne Burbid.
Robert J Celski, Councilmember
ark
Council ember
Dini Duclos, Councilmember
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Federal Way
PROCLAMATION
"Honor Guards Day"
WHEREAS, Honor Guards of America, consisting of former and retired
military, police, firefighters, emergency medical service responders, chefs, and
other agency personnel, their families and communities, face an increasingly
difficult role as they protect and serve the nation and public; and
WHEREAS, the men and women who wear these uniforms understand the
dangers of their job, but they heed the call to serve and willingly face those
risks every day in order to create a safe nation and communities for all
Americans; and
WHEREAS, Honor Guards Day recognizes and honors the sacrifices made
by those who wear the uniform, plan the services for our fallen, march and
present the colors with honor, stand watch over our fallen in all weather, and
comfort those in duress; and
WHEREAS, the City of Federal Way appreciates the sacrifices of Honor
Guards and their families, and supports their efforts to keep our community a
safe place to work, live, and play.
NOW, THEREFORE, I, the undersigned Mayor of the City of Federal Way,
On behalf of our 97,000 residents, do hereby proclaim Saturday, June 24, 2017,
as Honor Guards Day in the City of Federal Way, and I encourage all
citizens to acknowledge and value the service provided by Honor Guards.
SIGNED this 20th day of June 2017
City of Federal Way Mayor
Jim Ferrell, Mayor
COUNCIL MEETING DATE: June 20, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft minutes for the June 6, 2017 Regular and
Special City Council Meetings.
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
Consent Ordinance 1 1 Public Hearing
❑ City Council Business ❑ Resolution 1 1 Other
STAFF REPORT BY: Stephanie Courtney, City Clerk
Attachments:
DEPT: Mayor's Office
Draft minutes for the June 6, 2017 Regular and Special City Council Meetings
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL:
N/A N/A
Committee Council
Initial/Date Initial/Date
CITY CLERK APPROVAL:
In /Date
COMMITTEE RECOMMENDATION: N/A
N/A N/A N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED /DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 12/2016
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF
,t Federal Way
CITY COUNCIL
SPECIAL MEETING MINUTES
Council Chambers - City Hall
June 6, 2017 — 6:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 6:00 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Bob Celski, Councilmember Susan Honda, Councilmember Mark
Koppang, Councilmember Martin Moore and Councilmember Dini Duclos.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney.
2. EXECUTIVE SESSION
Mayor Ferrell announced the Council would be recessing into Executive Session for the purpose
of discussing sale or lease of property pursuant to RCW 42.30.110(1)(c).
• Sale or Lease of Property Pursuant to RCW 42.30.110(1)(c)
3. ADJOURNMENT
The Special Meeting adjourned at 6:37 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Special Minutes Page 1 of 1
June 6, 2017
CITY OF
� Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
June 6, 2017 — 7:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 7:06 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Bob Celski, Councilmember Susan Honda, Councilmember Mark
Koppang, Councilmember Martin Moore and Councilmember Dini Duclos.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute and noted the 73rd Anniversary of D -Day.
3. PRESENTATIONS
a. Federal Way Knights of Columbus presentation to Police Department
Mr. Don Hall and representatives of the Federal Way Chapter of the Knights of Columbus presented
recognition to Chief Andy Hwang and the Federal Way Police Department for their outstanding
service to the community.
b. "Save Weyerhaeuser Campus" Update
Jennifer Mortensen, Preservation Services Coordinator for the Washington Trust for Historic
Preservation, introduced a brief video regarding the former Weyerhaeuser Campus. She noted the
campus is a very significant place for the region, state, and the United States. The building was a
pioneer of the open concept design, both architecturally and in landscape design. She thanked the
Mayor and Council for their time.
Lori Secrist, spoke on behalf of the Save the Weyerhaeuser Campus. She thanked many people who
have come together to recognize how important it is to maintain and improve this campus. She
thanked Ms. Mortensen for speaking tonight and also thanked others including Jean Parietti, Debra
Hansen and Mayor Ferrell.
c. Certificates of Appointment — Diversity Commission
Councilmember Koppang read and introduced new and reappointed Diversity Commissioners
Gregory Baruso, Sela Kennedy, Thomas Leonard, and Nichelle Shelley. Mr. Baruso thanked the
Mayor, Deputy Mayor and Council for the appointment and spoke to his passion regarding Diversity in
the community.
Federal Way City Council Regular Minutes Page 1 of 7
June 6, 2017
d. Performing Arts & Event Center Update
Deputy Public Works Director and PAEC Project Director EJ Walsh displayed photos of the project
over the last year illustrating the construction timeline. He noted the project remains on time and on
budget and the project also continues to be on track for receiving the LEED Silver Certification for
energy efficiencies.
Performing Arts and Event Center Executive Director Theresa Yvonne was pleased to report the
Grand Opening and Ribbon Cutting Ceremony will be held on August 19, 2017. The facility will be
open (at no cost) for citizens to come and view and see many local performing groups.
e. Mayor's Emerging Issues and Report
• Center Plaza Fire Report
Community Development Director Brian Davis updated Council on the fire which occurred in the
downtown area on May 21 in the Center Plaza building. He reported staff have been in contact with
the property owner to discuss the plan to move forward regarding the damaged building. He relayed
the property owner is very proactive and ready to move forward regarding this property.
Economic Development Director Tim Johnson spoke to the assistance and outreach he has done to
contact the affected businesses. The outreach has been difficult as Mr. Johnson noted only one of the
businesses has a website and he has not been able to reach each business. The Mayor and Council
thanked Mr. Johnson and Mr. Davis for the update and commended the Fire Department for their
quick work in putting out the fire before it spread to other businesses.
• Hachinohe Mayor & Delegation Visit; Community Events
Mayor Ferrell reported on the recent visit of the Mayor and delegation from the city's sister city of
Hachinohe, Japan. He encouraged everyone to attend upcoming events in the community including
the Flag Day Celebration at the Weyerhaeuser King County Aquatic Center on June 10 beginning at
9:30 a.m. and the Neighborhood Connection Meeting at Decatur High School on Wednesday, June
14 at 6:00 p.m.
Mayor Ferrell also reported on the many very successful community events including : Blue Poppy
Day; Federal Way Coalition Against Human Trafficking - Break the Chains 5K Run/Walk; and Touch -
a -Truck Event were all held on a very busy Saturday, May 20. He also reported on the Law
Enforcement Torch Run, June 2; and events on Saturday, June 3 which included: Federal Way Relay
for Life; 54th Annual Marine Hills Swim & Tennis Club Parade; Hooked on Fishing Derby at Steel Lake
Park; and the Multi- Service Center Crab Feed & Auction.
• Human Services Update
Human Services Manager Jeff Watson updated Council on the ongoing Interlocal Cooperation
Agreements (ICA) between the City and King County which is set to automatically renew. The two
Interlocal Cooperation Agreements (ICA) cover the city's participation in the HOME Consortium and
deal specifically with the distribution and administration of funds from the US Department of Housing
and Urban Development (HOME Funds) and document recording fees (RAHP). The agreements give
the City access to the County's HOME and RAHP funds, as well as provide representation on the
Joint Recommendations Committee (JRC).
Federal Way City Council Regular Minutes Page 2 of 7
June 6, 2017
Mr. Watson noted at this time, neither the County nor any of the participating cities have requested
changes to the agreements. Without objections, the ICA's will automatically renew for 2018 -2020.
Councilmembers thanked Mr. Watson for his update and asked clarifying questions.
• Report on Regional Meetings
Mayor Ferrell reported on his attendance at various regional meeting including SCA Board Meeting on
May 17; SCORE Meeting on May 31; Puget Sound Regional Council General Assembly Meeting on
May 31; and Valley Communications Board Meeting on June 2.
4. CITIZEN COMMENT
John Edmunds, long time resident of Federal Way noted frustration over property crime in his
neighborhood and the city. He supports the Police Department and would like to see more officers
assigned to work on property crime.
Tony Pagliocco, spoke in concern over the homeless issue in the city. He would like to be a part of the
solution, and wants a city he can feel safe in and families can be comfortable.
Julien Loh, Puget Sound Energy, Government Affairs and Policy Manager updated Council on the
green power programs Puget Sound Energy is now offering. He explained the difference between the
green direct program and solar choice options.
Roger Flygare, thanked the veterans fort their service in commemoration of D -Day. He spoke
regarding the Weyerhaeuser campus, and feels the community needs to light the fire when issues are
important to us. He also feels the Hylebos waterway should be protected and maintains its health.
Mark Greene is concerned with low to moderately paid workers and lack of housing options which are
forcing increased homelessness. He feels rents and mortgages have been unfairly driven up.
Jerry Graham, positive direction thanks the Mayor and Council for the positive direction; he would like
to see the city staff work with IRG to utilize the campus for a corporate office building and not
warehouses with increasing traffic.
Betty Taylor is concerned with construction areas and difficulty determining the correct lane due to
construction debris. She would like to see the roadways striped for safety.
Public Work Director Marwan Salloum noted the contractor is currently restriping the roadway.
The procedure has been delayed due to the amount of poor weather we have received.
Ken Light, has been told by other jurisdictions that theft is not a crime, it is an insurance matter. He
feels the building permits and fees are too expensive for general contractors who are building houses;
and these fees are affecting the cost of housing in Washington.
Larry Moe, apologized to the Mayor and Council for incorrectly stating a "safe heroin injection" site
was slated for Federal Way. He also supports the "Save Weyerhaeuser Campus" group and is a
proud environmentalist.
Mayor Ferrell added context to Mr. Moe's comments regarding the injection sites. Councilmember
Honda also noted she currently sits on the on King County Board of Health where two areas have
been discussed, including one in King County and one in South King County, although no specific
locations have been determined, and no funding source has been identified.
Federal Way City Council Regular Minutes Page 3 of 7
June 6, 2017
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: May 16, 2017 Regular and Special Meetings
b. Monthly Financial Report — April 2017
c. Vouchers — April 2017
d. Zayo Conduit Space Lease Agreement Amendment
e. Tourism Enhancement Grant Cycle 2 2017
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA AS
PRESENTED; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
CouncilmemberAssefa - Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
6. COUNCIL BUSINESS
PAEC Executive Director Theresa Yvonne presented a combined overview on Council Business
Items a, b, and c. for the Performing Arts & Events Center. Ms. Yvonne noted these items will come
out of the Furniture, Fixtures and Equipment (FF &E) account which will be utilized after the
contingency is released. Ms. Yvonne answered various clarifying questions and she confirmed the
project is on track and on budget. These items are within the scope of the FF &E and were anticipated.
a. Authorize Purchase of Stage Draperies for the Performing Arts and Event Center
COUNCILMEMBER DUCLOS MOVED TO AWARD THE PERFORMING ARTS AND EVENT
CENTER DRAPERIES CONTRACT TO ROSE BRAND IN THE AMOUNT OF $49,098.94 AND
AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; COUNCILMEMBER MOORE
SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
CouncilmemberAssefa - Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
Authorize Purchase of Audio Video and Communications Equipment for the Performing
Arts and Event Center
COUNCILMEMBER DUCLOS MOVED TO AWARD THE PERFORMING ARTS AND EVENT
CENTER AUDIO AND VIDEO COMMUNICATIONS EQUIPMENT CONTRACT TO MORGAN
SOUND, INC. IN THE AMOUNT OF $115,516.47 AND AUTHORIZE THE MAYOR TO EXECUTE
THE CONTRACT; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as
follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Federal Way City Council Regular Minutes Page 4 of 7
June 6, 2017
Councilmember Assefa- Dawson yes
Councilmember Celski yes
Councilmember Honda yes
Councilmember Moore
Councilmember Duclos
yes
yes
c. Authorize Purchase of Production Lighting Equipment for the Performing Arts and Event
Center
COUNCILMEMBER DUCLOS MOVED TO AWARD THE PERFORMING ARTS AND EVENT
CENTER PRODUCTION LIGHTING EQUIPMENT CONTRACT TO PACIFIC NORTHWEST
THEATRE ASSOCIATES, INC. IN THE AMOUNT OF $79,215.43 AND AUTHORIZE THE MAYOR
TO EXECUTE THE CONTRACT; COUNCILMEMBER MOORE SECOND. The motion passed
unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
d. Proposed Settlement of Juventina Martinez Claim
City Attorney Ryan Call briefly updated Council on this claim which was filed by Ms. Martinez after
being involved in a motor vehicle collision with an on -duty motorcycle officer on July 2, 2015.
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE SETTLEMENT OF THE MARTINEZ
CLAIM AS PROPOSED; COUNCILMEMBER CELSKI SECOND. The motion passed unanimously
as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
7. ORDINANCES
First Reading
a. Council Bill #725 Zayo Franchise Ordinance Amendment
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON AMENDING THE
NONEXCLUSIVE FRANCHISE GRANTED TO ZAYO GROUP, LLC, TO OCCUPY RIGHTS -OF-
WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE
AREA FOR THE PURPOSES OF INSTALLING FIBER OPTIC NETWORK WITHIN AND
THROUGH THE CITY OF FEDERAL WAY (AMENDING ORDINANCE NOS. 13 -738 AND NO. 14-
773)
Information Technology Manager Thomas Fichtner briefed Council on the proposed amendment
regarding an ordinance passed in 2013 which granted a nonexclusive franchise to Zayo Group LLC.
The purpose of the amendment is to allow Zayo to request a variance per FWRC in order to facilitate
installation of aerial facilities within the City.
City Clerk Stephanie Courtney read the ordinance title into the record.
Federal Way City Council Regular Minutes Page 5 of 7
June 6, 2017
COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
JUNE 20, 2017 COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
COUNCILMEMBER CELSKI SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
Second Reading
b. Council Bill #724 /Amendment and Adoption of NFPA 130 Standard for Fixed
Guideway Transit and Passenger Rail Systems Current Addition
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO
CONSTRUCTION STANDARDS FOR FIXED GUIDEWAY TRANSIT AND PASSENGER RAIL
SYSTEMS AND ADDING NEW SECTIONS TO CHAPTER 13.31 FWRC.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER CELSKI MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER ASSEFA - DAWSON SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
8. COUNCIL REPORTS
Councilmember Duclos attended and spoke at the Relay for Life event and hopes attendance will
increase at future events. She reported that she has been working with the State Legislators in
regards to the increased car tab. Council candidate debates are scheduled for July 20 at the Twin
Lake Golf and Country Club. She congratulated the Todd Beamer High School soccer team for
winning the 4A State Title.
Councilmember Moore worked with Ms. Sharry Edwards and State Representatives in regards to a
Federal Way student who faced deportation; he shared concerns in regards to how this was handled.
He reported the Christian Faith Center has agreed to host the Community Caregivers dinners.
Councilmember Koppang shared examples of individuals within the community working to be
connected including the Advancing Leadership Class of 2017 working with Federal Way Community
Connections (previously CityVision) and the Youth Action Team working to help youth remain
connected and understood.
Councilmember Honda was pleased to greet the Japanese High School delegation along with Deputy
Mayor Burbidge. She reported the Homeless Mothers and Children's initiative is moving forward and
progressing. She announced a Flag Day celebration will take place at the King County Weyerhaeuser
Aquatic Center and the 61st Annual Salmon Bake for the Kiwanis Club is scheduled for July 28.
Councilmember Celski congratulated the Todd Beamer High School boys soccer team for their 4A
State Championship. He also reported that additional students competed and won at the state level
for track and field. He attended the Marine Hills Swim and Tennis Club community event and
encouraged parental involvement and children's participation in sports. He will attend the Flag Day
Federal Way City Council Regular Minutes Page 6 of 7
June 6, 2017
celebration.
Councilmember Assefa- Dawson shared that she is proud to be part of this community. She reported
numbers and provided her thoughts on the Count Us In results. She appreciates Sharry Edwards and
Councilmember Honda for their work on the Mothers and Children's Initiative. She asked for
community support and compassion for the homeless individuals.
Deputy Mayor Burbidge attended the Realtors 23rd Annual Housing Issues Briefing in Bellevue with
other councilmembers. She appreciated the examples, suggestions and ideas shared by the panel.
9. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:19 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page 7 of 7
June 6, 2017
COUNCIL MEETING DATE: June 20, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5b
SUBJECT: STEEL LAKE PARK TO DOWNTOWN TRAIL PROJECT — BID AWARD
POLICY QUESTION: Should City Council award the Steel Lake Park to Downtown Trail Project to the lowest
responsive, responsible bidder?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: June 5, 2017
CATEGORY:
® Consent
❑ City Council Business
n Ordinance ❑ Public Hearing
❑ Resolution ❑ Other
STAFF REPORT BY: Christine Mullen, P.E. Street Systems Project Engine DEPT: Public Works
Attachments: Land Use and Transportation Committee Memorandum dated June 5, 2017.
Options Considered:
1. Award the Steel Lake Park to Downtown Trail Project to Ceccanti Construction Inc., the lowest responsive,
responsible bidder, in the amount of $812,598.56, and.approve a 10% contingency of $81,260.00, for a total
amount of $893,858.56, and authorize the transfer of $230,859 from the Citywide Pedestrian Crossing
Improvements project (project #178) to the Steel Lake Park to Downtown Trail Project (Project #193) and
authorize the Mayor to execute the contract.
2. Reject all bids for the Steel Lake Park to Downtown Trail Project and direct staff to rebid the project and
return to Committee for further action.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the June 20, 201 City Council
consent agenda for approval.
MAYOR APPROVAL: _
mmi ouncil
Initial/Date Initial /Date
DIRECTOR APPROVAL:
nitia late
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the June 20, 2017 City Council consent agenda for
approval.
Bob Celski, Chair
Mark KojS ang, Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to award the Steel Lake Park to Downtown Trail
Project to Ceccanti Construction Inc., the lowest responsive, responsible bidder, in the amount of $812,598.56, and
approve a 10% contingency of $81,260.00, for a total amount of $893,858.56, and authorize the transfer of $230,859
from the Citywide Pedestrian Crossing Improvements project (project #178) to the Steel Lake Park to Downtown
Trail Project (Project #193) and authorize the Mayor to execute the contract."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED /DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED— 1/2015
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: June 5, 2017
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM Marwan Salloum, P.E., Public Works Director
Christine Mullen, P.E., Street Systems Project Engineer(;
SUBJECT: Steel Lake Park to Downtown Trail Project — Bid Award
BACKGROUND
Six bids were received and opened on May 17, 2017 for the Steel Lake Park to Downtown Trail
Project from the entrance to Steel Lake Park to 24th Ave S. Please see attached Bid Tabulation
Summary. The lowest responsive, responsible bidder is Ceccanti Construction Inc. with a total
bid of $812,598.56.
PROJECT ESTIMATED EXPENDITURES
Design $100,000
Right of Way $0.00
2017 Construction Cost $812,599
10% Construction Contingency $81,260
New Pump Station purchase for the Park $20,000
Construction Management (In house)
TOTAL PROJECT COSTS
PROJECT AVAILABLE FUNDING
Budgeted City Funds
Connecting Washington Grant
$30,000
$1,043,859
TOTAL AVAILABLE BUDGET
Project shortfall
,
$513000
. . . . . . . . . . . . . . . . . . . . . . . .
$300,000
$813,000
$230,859
The project budget has a funding shortfall of $230,859. Staff is requesting the Council to
authorize the transfer of $230,859 from the Citywide Pedestrian Crossing Improvements project
(project #178) to the Steel Lake Park to Downtown Trail Project (Project #193) and authorize
the Mayor to execute the contract.
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BID #3
REED TRUCKING &
EXCAVATING
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SCHEDULE A - ROADWAY WORK
Unexpected Site Change
Construction Surveying
As -Built Survey and Record Drawings
SPCC Plan
Mobifzation
Traffic Control Supervisor
Flaggers and Spotters
Other Traffic Control Labor
Other Temporary Traffic Control
Construction Signs Class A
Clearing and Grubbing
Roadside Cleanup
Removal of Structure and Obstruction
Remove Existing Catch Basin
Remove Existing Storm Sewer Pipe
Sawcutting
Gravel Borrow for Trench Backfill Incl. Haul
Roadway Excavation Incl. Haul
Unsuitable Foundation Excavation Incl. Haul
Shoring or Extra Excavation Class B
Crushed Surfacing Top Course
Crushed Surfacing Base Course
HMA CI. 1/2" PG 64 -22
Temporary Pavement
Structural Earth Wall
Gravel Borrow for Structural Earth Wall Incl. Haul
Reconnect Existing Misc. Drainage
Drain Pipe 6 Inch Diam.
Class IV Reinf. Conc. Storm Sewer Pipe 12 In. Diam.
Catch Basin Type 1L
Catch Basin Type 2, 54 Inch Diam.
Adjust Existing Storm Drainage Structure
Connection to Existing Drainage Structure
Stormwater Media Filter (Modular Wetland Unit)
Erosion Control and Water Pollution Prevention
Inlet Protection
Silt Fence
Topsoil, Type A
Bark or Wood Chip Mulch
1Seeded Lawn Installation
Sod Installation
1PSIPE Acer saccharum 'Barrett Cole? Apollo Maple 2.5" Cal., 12' -14'
PSIPE Acer griseum /Paperbark Maple 2" Cal., 10' -12' Ht
Property Restoration
Root Barrier
Automatic Irrigation System Complete
Extruded Curb. Type 6
Cement Conc. Curb & Gutter
Cement Conc. Pedestrian Curb
Raised Pavement Markers, Type 2
Black Vinyl Coated Chain Link Fence Type 1
Thickened Edge Sidewalk
Cement Conc. Sidewalk
Illumination System Modifications, Complete
RRFB Signal Modifications, Complete
Permanent Signing
Plastic Line
Remove Pavement Markings
Potholing
Resolution of of Util� Conflicts
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COUNCIL MEETING DATE: June 20, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: 2017 SURFACE WATER MANAGEMENT CAPITAL IMPROVEMENT PROGRAM (CIP) UPDATE
POLICY QUESTION: Should Council approve the proposed 2017 updates to the SWM Capital Improvement
Program (CIP)?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: June 5, 2017
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance ❑ Public Hearing
❑ Resolution ❑ Other
STAFF REPORT BY: Theresa Thurlow, P.E. Surface Water Manager
DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated June 5, 2017
Options Considered:
1. Adopt the proposed 2017 updates to the SWM CIP
2. Do not adopt the proposed 2017 updates to the SWM CIP and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:
mlttee
Initial/Dat
Ins ial/Date
DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the June 20, 2017 consent agenda for
approval.
Committee Chair 4 Committ - ber 'ittee Memb
PROPOSED COUNCIL MOTION: "I move to approve the 2017 updates to the Surface Water Management
Capital Improvement Program"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 11/2016
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: June 5, 2017
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
Marwan Salloum, Public Works Director �.
FROM: EJ Walsh, Public Works Deputy Director
Theresa Thurlow, Surface Water Managerji"
SUBJECT: 2017 Surface Water Management Capital Improvement Program (CIP) Update
BACKGROUND:
The purpose of the SWM Capital Improvement Plan (CIP) is to identify, design, and construct surface
water related projects within the City that will enable the City to continue meeting both its National
Pollutant Discharge Elimination System (NPDES) Phase II permit requirements and meet surface water
related needs of the citizens of Federal Way.
While it is the intent of the SWM utility to construct the SWM CIP Projects as scheduled, CIP projects
will at times be delayed, removed, added or modified based on unforeseen infrastructure failure, new
information gathered through engineering studies, operational observations, permit monitoring and
continual re- evaluation of our surface water related needs.
The most recent SWM CIP update was approved December 7, 2015 and since that time, six of the seven
projects planned for 2015/2016 have been completed. Attached for your review and comments is the
proposed SWM CIP update (Attachment 1) and a City map showing project locations (Attachment 2).
Completed Projects
• 356`x' St RDF Water Quality Retrofit
• Phase V Highway 99 Project Property Acquisition for Water Quality Infrastructure
• Marine Hills Stormwater Conveyance System Repair Phase I
• W Hylebos Conservation Property Acquisition — Larson /Justice parcel
• W Hylebos Conservation Property Acquisition — Snyder parcel
• SW 320th St Conveyance System Restoration at 15t Ave S (slip line)
• Town Square Park LID Demonstration Project
For 2017 -2025 SWM CIP update, the proposed changes are as follows:
Proposed Project Additions
• Lakota Wetlands Berm and Pipe Repair Project
In 2015, water within the wetlands detention area overtopped the berm, flooded the fields and track. The
flooded area extended onto 21st Ave SW and Dash Point Road, partially flooding north and east bound
travel lanes. This flooding was caused by a combination of localized settlement of the berm and blockage
at the outlet control structure. Further investigation also determined that the 18 -inch diameter outlet pipe
is deteriorated and in need of repair. The proposed project will mitigate berm settlement with engineered
placement of low permeability soil (LPS) topped with three inches of crushed surfacing and replace up to
470 if of deteriorated 18 -inch concrete pipe. On April 18, 2017, City Council approved staff's request to
apply for the 2017 King County Flood Control District Flood Reduction Grant to help fund this project.
• Surface Water Facility Plan/CIP Update and Rate Analysis
Since 2008, requirements under the National Pollutant Discharge Elimination System (NPDES) permit
have changed and the SWM utility is working to implement low impact development (LID) where
feasible, install water quality and flow control infrastructure where required, identify opportunities for
water quality retrofits, as well as improve watershed habitat and utilize a watershed approach when
planning and programming capital improvements. In order to integrate these interrelated demands while
planning for anticipated impacts of an aging drainage conveyance infrastructure, SWM Staff has
determined there is a need for consultant services to evaluate our surface water facilities and watershed
needs to allow for planning of future CIP updates.
Anticipating increased requirements under the new 2018 -2023 NPDES Permits, SWM proposes
incorporating a rate study within this project to analyze the impact of implementing new permit
requirements and the recommendations to be developed under this project. Results from the rate study
would be available for use in the biennium 2019 -2020 budget planning and to determine if a rate
adjustment would be required and when.
• 373rd St Bridge Channel — Sediment Removal
King County bridge inspections have identified the need for sediment removal under and surrounding the
City's oldest bridge along S 373rd Street in order to completely inspect the structural integrity of the
bridge. This project will require environmental approval from Washington Department of Fish and
Wildlife for the removal of sediment from the stream channel. The project is planned to take place before
the next scheduled bridge inspection in 2018.
• Conveyance System Evaluation and Assessment
As part of the SWM Utility Asset Management Program, video assessment and integrity rating of the
City's conveyance system is needed. The first of these assessments resulted in the Marine Hills
Conveyance Repairs project currently underway. There are not enough in -house resources to implement
the needed video assessment program and also provide video support services necessary to implement
permit requirements for SWM maintenance, water quality, and source control programs. This project will
provide video assessment of two areas within the City that have been identified as having older
conveyance or at risk conveyance systems. The first assessment would begin in 2017 and the next in
2018.
• Conveyance System Rehabilitation Project (Location TBD)
Based on integrity ratings from the Conveyance System Evaluation and Assessment project, it is expected
there will be a need for drainage system repairs at multiple locations. Design for the first set of repairs
would begin early 2019, following the final conveyance system assessment. Design in 2019 and
construction starting 2020 will also allow for project integration of any related infrastructure or financial
needs identified under the proposed Surface Water Facility Plan/CIP Update and Rate Analysis.
• W Hylebos Wetlands Trail (Brook Lake Connection)
This project would connect the end of the West Hylebos Park Wetlands Trail to the Brook Lake Center.
The West Hylebos Wetlands Park and trail system is critical to SWM's public education and outreach
efforts, including the annual Storming the Sound with Salmon Release Event, which has grown
substantially since 2014. Logistics, safety, and parking are a challenge as the number of students, school
buses, education stations, and salmon fry to be released have increased. At present the wetlands
boardwalk trails ends at the northern end of Brook Lake, approximately 300 if from Brook Lake Center.
Extension of the boardwalk to connect to Brook Lake Center would allow for adequate parking and
facilities for the students as well as the 40+ volunteers that sponsor the education stations. Connection of
the board would also exponentially increase efficiency in logistics and decrease demand on SWM
resources that are used to hold this four day event every year.
Project Removed from SWM CIP
• LID Retrofit Project
After geotechnical investigation was conducted, it was determined that the locations identified for this
project were not suitable for Low Impact Development (LID) infrastructure and SWM Staff recommend
removing this project from the SWM CIP.
Proposed Project Modifications /Schedule Adjustment to Approved SWM CIP
• Bridges Property Culvert Removal and Replacement
Due to the need for repairs to Lakota Berm and Pipe, SWM staff proposes moving this project to 2021.
The structural integrity of the culvert is adequate for current road use and as a habitat enhancement
project it ranks lower than flood risk reduction repairs.
• 373rd St Stream Crossing Re -route and Restoration (Kim's Pond)
SWM staff conducted an initial study to determine the feasibility of stream restoration for this section of
the West Hylebos Creek to improve juvenile Salmon habitat. However, the water quality of Kim's Pond
was such that no life can be sustained under current conditions. This project would restore the water
quality within Kim's Pond and allow for its use in habitat conservation and restoration within this section
of the Hylebos.
• W Hylebos Conservation Property Acquisition
Staff proposes to reallocate funds for this project and revise the project title to `Hylebos Conservation
Property Acquisition'. On February 6, 2017 City Council approved staff's request to apply for
Conservation Futures Funds (CFT) for the purpose of acquiring parcels in the East Hylebos Basin. City
Council directed staff to amend the approved 2015 CIP to create a project for property acquisition in the
East Hylebos Basin and reallocate funds within the SWM CIP.
• W Hylebos Land Acquisition (Larson/Justice Demolition)
It was determined that historic mitigation prior to the demolition of the structures on the Larson /Justice
parcel required historic mitigation. Council approved historic mitigation efforts and demolition of
Larson/Justice structures on September 16, 2016.
• S 356th St Culvert Replacement
SWM staff proposes moving this project to 2023. The culvert replacement is dependent on a Streets
project that has not yet been funded.
• W Hylebos Education Center and Trail
This project was to be designed in 2017 and constructed in 2018. However, this project is dependent on
the final use determination for Brook Lake Center and Parks Comprehensive Plan. Staff proposes
moving this project to start in 2019.
• W Hylebos Trail (Spring Valley)
This project was to be designed in 2017 and constructed in 2018. However, this project is grant
dependent and staff requires additional time to identify funding sources for a project of this magnitude.
Staff proposes moving this project to start in 2019.
• S 336th Water Quality Facility
This project was to be designed in 2018 and constructed in 2019. However, recent work with Washington
Fish and Wildlife service and other stakeholders (private property owner) has identified a need to move
this project forward to 2017/2018. Staff proposes moving this project to start in 2017.
Although the proposed changes to the SWM CIP will result in significant expenditure of funds in 2018,
SWM staff has confirmed ending fund balance projection will remain above the required 17% of SWM
revenues to 2021 (as shown in Attachment 3).
Proposed 2017 SWM CIP Update
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'Annual Programs
1304-*-111 Small CIP Expenditures
304 -* -267 356th St RDF Water Quality Retrofit
304 -* -270 S 373 St Stream Crossing Re -route and Restoration (Kim's Pond)
304 -* -271 Hylebos Conservation Property Acquisition
1 304 -* -256 W Hylebos Basin Land Acquisition (Snyder/Castellar) & Larson House demolition
1304 -* -272 S 356th St Culvert Replacement
04 -* -273 Phase V Highway 99 Project - S 344th St at Highway 99
1304 -* -274 S 359th St Weir Repair
1304 -* -276 Bridges Property Culvert Removal & Replacement
304 -* -277 Town Square Park LID
1304-*-278 W Hylebos Educational Center & Trail
304 -* -279 W Hylebos Basin Regional Flow Control Alternative Analysis
304 -* -280 S 320th St Conveyance System Restoration at 1st Ave S
304 - * -28I W Hylebos Trail (Spring Valley)
1304 -* -282 S 336th St Water Quality Facility
304 -* -268 Marine Hills Conveyance System Repairs - Phase 1 & Phase II
304- *xxx Lakota Wetland Berm Repair
1304 - *xxx Storm Water Camp Plan UpdateiClP and rate study
304- *xxx Conveyance System Evaluation and Assessment
1304- *xxx S373rd St Bridge Channel - Sediment Removal
1304- *xxx Pipe Rehabilitation Project (Location TBD)
1304- *xxx W Hylebos Wetlands Trail (Brook Lake Connection)
1 Subtotal CIP (Assumed LOS):1
1304 -* -268 Marine Hills Conveyance System Repairs - Phase I & Phase Il (Grant) - Received
1304 -* -276 Bridges Property Culvert Removal & Replacement (Grant) - Anticipated
1304 -* -278 West Hylebos Educational Center & Trail (Grant) - Anticipated
304 -* -281 West Hylebos Trail (Spring Valley) (Grant) - Anticipated
1304 -* -282 S 336th St Water Quality Facility - Anticipated
1304 -* -271 King County Conservation Futures - Anticipated
1304 - *xxx S373rd St Bridge Channel - Sediment Removal
1KC Flood Zone Grant
1 Subtotal CIP Grants:
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Proposed 2017 SWM CIP Update - Fund Balance Projection
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Attachment 3
COUNCIL MEETING DATE: June 20, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5 d
SUBJECT: SUBMITTAL OF TRANSPORTATION GRANT APPLICATION
POLICY QUESTION: Should City Council authorize staff to submit a Federal Highway Administration (FHWA)
Emergency Relief funding application for the Dash Point Road Mud Slide?
COMMITTEE: Land Use / Transportation
MEETING DATE: June 5, 2017
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance ❑ Public Hearing
❑ Resolution ❑ Other
STAFF REPORT lattesiree Winkler, P.E., Deputy Public Works Director DEPT: Public Works
Attachments: Memo to LUTC dated June 5, 2017
Options Considered:
1. Authorize Staff to submit a Federal Highway Administration (FHWA) Emergency Relief funding
application for the Dash Point Road Mud Slide.
2. Do not authorize staff to submit a Federal Highway Administration (FHWA) Emergency Relief funding
application for the Dash Point Road Mud Slide.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the June 20
Council Consent Agen•Atv r approval.
1 i ttee un
1 �tial /Date / Initial /Date
MAYOR APPROVAL:
DIRECTOR APPROVAL:
Initial/Date
5 )2(011')
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the June 20, 2017 consent agenda for
approval.
ob Celski, Chair
fir/
Mark K • pang, Me, • er
PROPOSED COUNCIL MOTION: "I move approval of Option 1 to authorize staff to submit a Federal Highway
Administration (FHWA) Emergency Relief funding application for the Dash Point Road Mud Slide."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED /NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED— 1/2015
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: June 5, 2017
TO: Land Use / Transportation Committee
VIA: Jim Ferrell, Mayor
FROM• Marwan Salloum, P.E., Director of Public Works
Desiree Winkler, P.E., Deputy Public Works Director /Street System Manager
Submittal of FHWA Emergency Relief Funding Application for the Dash Point
Road Mud Slide
SUBJECT:
BACKGROUND:
This memorandum provides the Council with the current status of potential Federal Highway
Administration (FHWA) Emergency Relief (ER) Funding for the Dash Point Road Mud Slide.
Since the March 16, 2017 mud slide at the 2800 Block of Dash Point Road, staff has been in contact with
Washington State Department of Transportation on the potential to receive funds for the initial clean -up
and permanent restoration of the impacted roadway. Staff met with WSDOT and FHWA staff on site and
reviewed work completed to date as well as additional work required to complete the permanent
restoration. WSDOT and FHWA staff were confident that the work completed to date including: mud and
debris removal, minor shoulder reconstruction, ditch re- establishment, guard rail and concrete barrier
replacement, and erosion control was eligible for up to 100% reimbursement. There is a strong potential
that additional work required to provide additional armoring of the shoulder, removing the guardrail from
the creek, and removal of some silt to reestablish the original stream alignment may be eligible for ER
fund reimbursement also. The permanent restoration work cannot take place until the city receives a
permit from Department of Fish and Wildlife, and in- stream work window is open — generally in late
summer.
In addition, the City's geotechnical consultant is waiting for the hillside to dry so that they may complete
their soil borings and on -site investigation to confirm the stability for the continuous operation of the
roadway. The property owner has been notified of his responsibility to perform additional slope
stabilization if required.
Costs to date, broken out in the three Emergency Relief funding categories is as follows:
June 5, 2017
Land Use and Transportation Committee
Page 2
Project (Funding Phase)
Estimated Project
Possible Grant
Required
Grant
Cost
Fund*
City Match
Dash Point Road Mud Slide Clean up and Repair
(Design and Construction)
2017 FHWA Emergency Relief Funding
(Federal Funds) - TOTALS
$181,00
$181,000 $0.00
Temporary / Emergency Repair
(Immediate work required to
clean up roadway to get it open —
does not include materials that
remain in -place permanently.)
Incidental Repair (Immediate
work required to get the roadway
open that will remain in -place
permanently.)
$48,000
$48,000 $0.00
$46,000
$46,000 $0.00
Permanent Restoration
(Permanent roadway restoration to
include: shoulder re-
establishment. Need Fisheries
Permit in order to complete.)
$87,000
$87,000 $0.00
*Maximum grant funding is at 100 %.
cc:
Project File
Day File
COUNCIL MEETING DATE: June 20, 2017 ITEM #: 5e
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Ballistic Vest Partnership (BVP) Grant.
POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department apply for the 2017
Ballistic Vest Partnership (BVP) Grant; and, if awarded, accept the Grant with matching City funds?
COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: June 13, 2017
Council Committee (PRHS &PSC)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kristen Gregory, Quartermaster
Attachments:
1. PRHS &PS Memo
DEPT: Police Department
Options Considered:
1. Approve the Federal Way Police Department application for the 2017 BVP Grant, and acceptance of the
Grant if awarded.
2. Deny Application
MAYOR'S RECOMMENDATION: 1 Approve the 2017 BVP Grant
MAYOR APPROVAL:
CHIEF OF STAFF:
Committee
Council
DIRECTOR APPROVAL:
Initial
j/(
COMMITTEE RECOMMENDATION: I move to forward the 2017 Ballistic Vest Partnership (BVP) Grant
application and acceptance request to the June 20, 2017 consent agenda for approval.
q104 • galntliriet er
Com - i ee Chair Committee ember i Co mmittee
PROPOSED COUNCIL MOTION: "I move approval of the 2017 Ballistic Vest Partnership (BVP) Grant
application with matching City funds, and authorize Police Chief Andy Hwang to sign such Agreement if
awarded"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 08/12/2010
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: June 13, 2017
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: 2017 Ballistic Vest Partnership (BVP) Grant Funds.
The Federal Way Police Department has a ballistic vest mandatory wear policy for all officers. As
the vests expire (every 5 years), the department purchases replacement vests.
By 8/31/2018, it is estimated that the Federal Way Police Department will need to purchase 61
ballistic vests. Each vest will cost approximately $1237.00. The total cost to the City of Federal Way
is estimated to be $75,457.00.
The Ballistic Vest Partnership Grant provides reimbursement for 50% ballistic vest costs. Currently,
there is $29,872.00 in matching Grant funds available to us from the 2016 BVP Grant (that will
expire 8/31/2018). The 2017 BVP award amount will be announced and available in the 3rd quarter
of 2017. Awarded funds will expire on 8/31/2019; City matching funds will be taken from the Police
Uniform budget.
I am seeking approval to apply for the Ballistic Vest Partnership Grant during the 2017 application
period and that matching funds be set aside if awarded.
1
COUNCIL MEETING DATE: June 20, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 5f
SUBJECT: AMENDMENT NO. 1 TO THE WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) TARGET
ZERO TEAM (TZT) INTERAGENCY FUNDING AGREEMENT 2016 -2017.
POLICY QUESTION: Should the City of Federal Way accept $2,000.00 additional funding from WTSC to
conduct high visibility DUI enforcement?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: June 13, 2017
SAFETY COUNCIL COMMITTEE (PRHS &PS)
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance ❑ Public Hearing
❑ Resolution ❑ Other
STAFF REPORT BY: LIEUTENANT KURT SCHWAN
Attachments:
1. PRHS & PS Memo
2. Amendment No. 1 to the WTSC 2016 -2017 Agreement
Options Considered:
1. Accept Proposal
2. Reject Proposal
DEPT: Police,
MAYOR'S RECOMMENDATION: #1 Accept the $2,000.00 additional funding from WTSC to conduct traffic
safety emphasis patrols.
MAYOR APPROVAL:
CHIEF OF STAFF:
Comtnittee
Committee
//pIRECTOR APPROVAL: �y _�
tt Imha
Council
COMMITTEE RECOMMENDATION: "I move to forward the proposal to accept additional funding from WTSC, in
the amount of $2,000.00, for traffic safety emph.:is patrols, to the June 20, 2017, City Council Agenda."
CC O ittee Chai;-->
Committe- Member 1 Committee ember
PROPOSED COUNCIL MOTION: "I move approval of the request to accept additional funding in the amount of
$2,000.00 from the Washington Traffic Safety Commission for traffic safety emphasis patrols and authorize the
Chief of Police to sign such agreement."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED - 08/12/2010
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: June 13, 2017
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: Amendment No. 1 to the Washington Traffic Safety Commission (WTSC) Target
Zero Team (TZT) Interagency Funding 2016 -2017 Agreement.
Background
The Federal Way Police Department is an active member of the regional WTSC TZT
enforcement emphasis. FWPD utilizes funds provided by WTSC to conduct enforcement
mobilizations throughout the year. These mobilizations include Holiday DUI patrols, U text U
drive U pay patrols, Click it or Ticket patrols, Cell Phone patrols, and Summer DUI patrols. For
the past several years, FWPD has been and continues to be a statistical leader for these sponsored
enforcement activities in south King County.
Amendment No. 1 to the WTSC 2016 -2017 Agreement gives the Federal Way Police
Department an additional $2,000.00 grant award for DUI enforcement. The original agreement
for $24,400.00 in funding to conduct high visibility enforcement traffic safety emphasis patrol
was passed through Council on November 15, 2016.
Chief Hwang has signed Amendment No. 1 due to the time constraints required by WTSC.
1
AMENDMENT #1 TO THE 2016 - 2017
INTERAGENCY AGREEMENT
BETWEEN
FEDERAL WAY POLICE DEPARTMENT AND
WASHINGTON TRAFFIC SAFETY COMMISSION
The above - referenced Interagency Agreement between the Washington Traffic Safety Commission
(WTSC) and Federal Way Police Department (AGENCY) is hereby amended as follows:
THEREFORE, IT IS MUTUALLY AGREED THAT:
COMPENSATION AND CONDITIONS
Compensation for the work provided in accordance with this Agreement has been established under the
terms of RCW 39.34. The cost of accomplishing the work described in the Statement of Work will not
exceed $26,400.00 (Increased from $24,400.00) Funds break down into the following enforcement
overtime categories:
Statewide Impaired Driving Patrols: $6,000.00
Grant Award # Section 402
Statewide Distracted Driving Patrols: $2,000.00
Grant Award # Section 402
Statewide Seat Belt Patrols: $1,400.00
Grant Award # Section 402
Flex Funding: $5,000.00
(Local DUI, Speed, Distracted, and Seat Belt Patrols)
Grant Award # Section 402
Motorcycle Safety: $5,000.00
Grant Award # Section 402
Target Zero Teams (DUI): $5,000.00
Grant Award # MAP -21 Section 405d
NEW: Target Zero Teams (DUI) Increase Funding: $2,000.00
Grant Award # MAP -21 Section 405d
These funds shall not be commingled and are only to be utilized for the specified
emphasis area.
IN WITNESS WHEREOF, the parties have executed this Agreement.
DES MOINES POLICE DEPARTMENT WA TRAFFIC SAFETY COMMISSION
Signature Signature
Andy Hwang
Printed Name Printed Name
Chief of Police 05/02/17
Title Date Title Date
COUNCIL MEETING DATE: June 20, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 6a
SUBJECT: RESOLUTION: 2018 -2023 Transportation Improvement Plan
POLICY QUESTION: Should the Council authorize staff to proceed with the adoption of the 2018 -2023 City of
Federal Way Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) on
June 20, 2017?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: June 5, 2017
CATEGORY:
❑ Consent
❑ City Council Business
❑ Ordinance
® Resolution
® Public Hearing
❑ Other
STAFF REPORT BY: Rick Perez, P E , City Traffic Engineer
DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated June 5, 2017.
Options Considered:
1. Adoption of the draft 2018 -2023 TIP and ASIP.
2. Do not adopt the draft 2018 -2023 TIP and ASIP and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the June 20, 2017 City Council
consent agenda for approval.
MAYOR APPROVAL:
uncil
/7DIRECTOR APPROVAL:
ommmee
5)26'(1?
COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the June 20, 2017 City
Council . 1Y'f6 +n9 -Fad FUblUG 'lean lr'9.
Bob Celski, Chair
Mark • .pang, Membe
PROPOSED COUNCIL MOTION: "I move the adoption of 2018 -2023 Transportation Improvement Plan and
Arterial Street Improvement Plan as presented."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 08/12/2010
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: June 5, 2017
TO: Land Use / Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Director of Public Works
Rick Perez, P.E., City Traffic Engineer
SUBJECT: 2018 -2023 Transportation Improvement Plan
BACKGROUND:
In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City
of Federal Way adopted its original TIP and ASIP on July 23, 1991. The City is also required to adopt a
revised TIP and ASIP on an annual basis reflecting the City's current and future street and arterial needs.
These plans identify capital projects that the City intends to construct over the next six years. In order to be
eligible for grant funding, projects are required to be listed in the City's TIP.
The City is required to hold a minimum of one public hearing on the revised plan, which is proposed for the
June 20, 2017 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.
Attached for your review and comment are draft resolution for adoption (Exhibit A), the proposed 2018 -2023
TIP (Exhibit B), and a location map (Exhibit C). The six -year TIP and ASIP respond to the Growth
Management Act concurrency requirements as well as other emerging needs. Projects are selected based on
criteria adopted in the City's Comprehensive Plan policy TP2.3, which reads, "Prioritize transportation
projects considering concurrency, safety, multimodal enhancements, environmental impacts, and cost
effectiveness." Each project was ranked using the scoring criteria established for Transportation TIP /CIP
Prioritization. Staff also reviewed and analyzed available grant - eligible programs suitable for project
programming.
The new prioritization criteria adopted by the Council on February 21, 2017 appear to be functioning as
intended. Project rankings changed so significantly that removal of some projects is proposed. Non - motorized
projects are scoring in many cases similarly to many capacity projects, and the highest scoring projects
typically are in need of improved safety, increased capacity, and the addition of sidewalks and/or bicycle
facilities. One issue to be monitored is that, depending on the grant funding program, our highest- ranking
projects may not score well with available grant funding program criteria. Over time, additional changes to the
criteria may be necessary to assure that our highest- ranking projects have a better chance of attracting grant
funding.
Completed Projects
• 1 S` Avenue S at S 328th Street
• 28th Avenue S at S 304th Street
• Citywide Flashing Yellow Arrow Retrofits
• S 288`h Street Overlay: Military Road S — 1 -5
• S 324`h Street Overlay: SR 99 — S 322nd Street
June 5, 2017
Land Use and Transportation Committee
2018 -2023 Transportation Improvement Plan
Page 2
• 20th Avenue S and S 316th Street Sidewalk
Removed Projects
• 10th Avenue SW at SW Campus Drive
• SW 344th Street: 12th Avenue SW — 21st Avenue SW
• SR 99 at S 312th Street
• SR 161 at S 356th Street
• Weyerhaeuser Way S at S 344th Way
• 8th Avenue S Sidewalk: S 312th Street — S 315th Street
• S 314th Street Sidewalk: 20th Avenue S — 23`d Avenue S
• S 336th Street Sidewalk: SR 99 — 20th Avenue S
• 26th Avenue SW Sidewalk: S 327th Street — SW 330th Street
Modified Projects
• SW 336th Way / SW 340th Street: 26th Place SW — Hoyt Road split into multiple phases:
o SW 340th Street: 37th Avenue SW — City Limits
o SW 340th Street: 31St Avenue SW — 37th Avenue SW
o SW 336th Way / SW 340th Street: 26th Place SW — 31st Avenue SW (not on TIP)
Proposed New Projects
• Military Road S at S Star Lake Road
• 1st Avenue S at SW 301St Street
• 16th Avenue S Overlay: SR 99 — SR 18
• SW Campus Driver Overlay: 1st Avenue S — 19th Way SW
• Citywide Greenways
• 16th Avenue S Trail: S 288th Street — SR 509
• Citywide LED Street Lighting Retrofit
Attachments: Exhibit A - Draft Resolution
Exhibit B - Draft TIP
Exhibit C - Location Map
cc: Project File
Day File
RESOLUTION NO.
A RESOLUTION of the City of Federal Way, Washington, adopting an
extended and revised Transportation Improvement Program and Arterial
Street Improvement Plan for 2018 -23, and directing the same to be filed
with the Washington State Secretary of Transportation and the
Transportation Improvement Board.
WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the Federal
Way City Council adopted an original Transportation Improvement Program ( "TIP ") on July 23,1991
(Resolution No. 91 -67); and
WHEREAS, the Federal Way City Council updated a TIP annually thereafter; and
WHEREAS, the Federal Way City Council held a public hearing on the revised TIP on
June 20, 2017, in compliance with the requirements of State laws; and
WHEREAS, the City Council has determined current and future City street and arterial
needs, and based upon these findings has prepared a revised and extended TIP and an Arterial Street
Improvement Plan ( "ASIP ") for the ensuing six calendar years; and
WHEREAS, pursuant to Chapters 35.77 and 47.26 RCW, the City Council is required
annually to revise and adopt an extended TIP and ASIP; and
WHEREAS, the City's SEPA Responsible Official has adopted a Determination of Non -
Significance ( "DNS "), Federal Way File 17- 102278- 00 -SE, issued for the City's 2018 -23 TIP and
ASIP, which includes the extended and revised projects contained in the TIP adopted herein; and
WHEREAS, adoption of the City's 2018 -23 TIP and ASIP DNS reflects the fact that there
will be no significant adverse environmental impacts as a result of adoption or implementation ofthe
extended and revised TIP and ASIP adopted herein.
Resolution No. 17- Page 1 of 3
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Program Adopted. The extended and revised Transportation Improvement
Program and Arterial Street Improvement Plan for the City of Federal Way, a copy of which is
attached hereto as Exhibit A and incorporated herein by this reference, which sets forth the City's
transportation project locations, types of improvements, and the estimated costs thereof, is hereby
approved and adopted for the ensuing six (6) calendar years (2018 -23 inclusive).
Section 2. Filing of Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby
authorized and directed to file a copy of this Resolution, together with Exhibit A, with the
Washington State Secretary of Transportation and the Washington State Transportation Improvement
Board.
Section 3. 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 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Resolution No. 17- Page 2 of 3
Section 6. 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:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 17- Page 3 of 3
CITY OF FEDERAL WAY
PLAN (TIP) - 2018 TO 2023
Year 2017 Costs in $ thousands I
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STREET LIGHTING CAPITAL PROJECTS I Year 2017 Costs in $ thousands 1
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1 Description _ I Previous Years
1 LED Retrofits
Subtotal Street Lighting Capital Projects 1 0
1 TRANSPORTATION IMPROVEMEN T
OADWAY CAPITAL PROJECTS
Description
Update environmental documentation for modified access at S 320th St & S 324th St
Add HOV lanes on S 320th St, realign ramps in SE quadrant
Extend 3 lane principal collector and signal at SR -99
Install traffic signal
Add SB right -turn lane
Widen to 5 lanes
Widen to 5 lanes, bike lanes, sidewalks, illumination
Add EBL, WBL, WBR, NBT, SBR; widen to 5 lanes N to 316 or Alternatlive Measure
Add HOV lanes, install raised median; roundabout at 340th St, turn lanes at 348th
Add SB auxiliary lane
Construct compact roundabout
Implement Adaptive Traffic Control System
Install variable lane use control signs I
(6
CD
00
T
(0
>
Add EB right -turn lane, sidewalk
Install compact roundabout
Widen to 5 lanes
Subtotal Roadway Capital Projects I
NON- MOTORIZED CAPITAL PROJECTS
I Description
I Pedestrian Connection
Shoulder improvements
Install sidewalk on west side
Install sidewalk on south side
Install mid -block crossing treatments
I Install sidewalk and streetlights on south side
I Install sidewalk and streetlights on south side
Install sidewalk and streetlights on south side
Implement greenway plan
Construct multi -use path
Location
City Center Access Phase 1 - Environmental
City Center Access Phase 2 - S 320th St @I-5 Bridge
S 352nd St: SR 99 - SR 161
SW 320th St @ 47th Ave SW
S 312th St @ 28th Ave S
SW 340th St: 37th Ave SW - City Limits
S 356th St: SR 99 - SR 161
S 320th St & 1st Ave South
SR 99 HOV Lanes Phase 5: S 340th St - S 356th St
16th Ave S: S 344th St - S 348th St
Military Rd S @ S 298th St
Citywide
Citywide
SW Campus Dr: 1st Ave S - 19th Ave SW
16th Ave S: SR 99 - SR 18
Military Rd S @ S Star Lake Rd
1st Ave S @ SW 301st St
SW 340th St: 31st Ave SW - 37th Ave SW
1 Location
21st Ave S: S 314th St - S 316th St
1 1st Ave S: S 292nd St - S 312th St I
21st Ave S: S 316th St - S 320th St
SR 509: 11th PIS -16th Ave S
�
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_
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N
N
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SR 509: SW 312th St - 21st Ave SW
S 312th St: 24th Ave S - Steel Lake Park
I S 312th St: Steel Lake Park - 28th Ave S
Citywide
16th Ave S Trail: S 284th St - SR 509
Location
Citywide
2 05
II
03
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Intersection Improvement
•
Non - Motorized Improvement
Overlay Improvement
1
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COUNCIL MEETING DATE: June 20, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 6b
SUBJECT: FIRST AMENDMENT TO THE 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL
ACTION PLAN
POLICY QUESTION: Should the City Council approve the First Amendment to the 2016 Community
Development Block Grant (CDBG) Annual Action Plan?
COMMITTEE: Parks, Recreation, Human Services, & Public Safety
MEETING DATE: June 13, 2017
CATEGORY:
❑ Consent
❑ City Council Business
❑ Ordinance ® Public Hearing
❑ Resolution ❑ Other
STAFF REPORT BY: Jeffrey Watson, Community Services Manager DEPT: CD
Attachments: First Amendment to the 2016 CDBG Annual Action Plan
In 2011, the City of Federal Way became a CDBG entitlement community and adopted its first Consolidated
Plan for the 2012 -2016 program year period. In program year 2015, the City, as a member of the HOME
Consortium with King County, began participation in the County's Consolidated Plan, resulting in the adoption
of a new Consolidated Plan for the 2015 -2019 program year period.
The Annual Action Plan is the annual work and spending plan for the City of Federal Way's CDBG funds from
HUD. An Action Plan is required for each year of the Consolidated Plan program period. Amendments to the
Annual Action Plan occur when projects change or are added. The First Amendment to the 2016 Annual Action
Plan includes the addition of the DAWN Shelter Renovation for a security fence and gate. The DAWN Shelter
Renovation was initially considered and recommended for funding by the Human Services Commission on
August 31, 2015 meeting. The project cost has changed since the initial recommendation resulting in an
increased total project cost. The Human Services Commission considered the First Amendment to the 2016
Annual Action Plan at its regular meeting on May 15, 2017 and voted 9 -0 to recommend the City Council
approve the First Amendment to the 2016 Annual Action Plan to include $60,000 for the DAWN Shelter
Renovation.
Options Considered:
1. Approve the First Amendment to the 2016 CDBG Annual Action Plan.
2. Do not approve the First Amendment to the 2016 CDBG Annual Action Plan and give staff
direction.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: W _ - - _ :I / DIRECTOR APPROVAL
Co tt • oun it
Initial /D. e Initial /Date
COMMITTEE RECOMMENDATION: I move to forward the First Amendment to the 2016 CDBG Annual Action
Plan to the June 20, 2017 City Council agenda for public hearing.
Crimittee Chair
Commit e Member
oer66
Committe
PROPOSED COUNCIL MOTION: "I move approval of the First Amendment to the 2016 CDBG Annual Action
Plan."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED— 11/2016
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF IPP-iimit
Federal Way
Ma rift/ of Federal Way
ANNUAL ACTION PLAN 2016
First Amendment
May 2017
Executive Summary
AP -05 Executive Summary - 91.200(c), 91.220(b)
1. Introduction
The City of Federal Way presents this One Year Action Plan for the 2016 Community Development Block Grant program
funds. The City developed these funding decisions based upon Mayoral and City Council priorities, Human Services
Commission recommendations, Community Services Division (CSD) staff analysis, public hearing comments, program
performance information, and consultation with various service agencies, and other stakeholders.
The First Amendment to the 2016 Annual Action Plan includes the addition of the DAWN Shelter Renovation for a
security fence and gate.
2. Summarize the objectives and outcomes identified in the Plan
This Action Plan allocates a total of approximately $4,213,912 dollars in anticipated 2016 Community Development
Block Grant Entitlement funds, Section 108 Loan funds, and CDBG program income, to support the Community
Development Block Grant program. The overall goals for the Action Plan are:
• Improve and expand affordable housing options;
• Expand businesses to create jobs and assist with the development of microenterprises;
• Strengthen neighborhoods through the planning of strategic neighborhood revitalization efforts; and
• Administer the Community Development Block Grant program to meet the community needs and HUD
requirements.
3. Evaluation of past performance
The City has been able to meet the needs of many low- and moderate - income households through its past involvement
as a member of the King County HOME Consortium. Activities implemented under that arrangement have succeeded
in: 1) meeting the needs of homeowners through the City's housing repair program; 2) providing much needed services
to help households to regain stability; 3) providing facilities and improvements to improve the quality of life; and 4)
supporting economic development efforts for small businesses and microenterprise.
During the period of the City's original 2012 -2016 Consolidated Plan, and the first year of the 2015 -2019 HOME
Consortia Consolidated Plan, the City of Federal Way worked closely with the community, nonprofit agencies, the
private sector, the State of Washington, HUD, the faith -based community, and the philanthropic community to make
solid progress towards goals.
In 2015, the City of Federal Way reported in the Consolidated Annual Performance Evaluation Report (CAPER):
• 3 households received support for housing repair and rehabilitation
• 163 persons received assistance with public services
• 69 persons received economic development - related assistance
Federal Way Annual Action Plan — First Amendment 1
2016
4. Summary of Citizen Participation Process and consultation process
The City conducted a public participation process for the First Amendment to the 2016 Annual Action Plan, as outlined
below:
• Request for public comments and input was emailed to stakeholders and service agencies and made available in
public locations on May 19, 2017 seeking input through June 20, 2016.
• A Notice of Public Hearing was published in the Federal Way Mirror on May 19, 2017, notifying the public of a
public hearing to be held on June 20, 2017, and to announce a 30 -day comment period on the First Amentment
to the 2016 Annual Action Plan.
• A public hearing will be held on June 20, 2017, before the Federal Way City Council to receive input on the First
Amendment to the 2016 Annual Action Plan.
The City had an extensive public participation process for the originally submitted 2016 Annual Action Plan, as outlined
below:
• Notice of Funds Available for PY2015 CDBG Community Economic Revitalization Funds was published in the
Federal Way Mirror on June 13, 2014.
• A public hearing was held on October 20, 2014, before the Human Services Commission to receive input on the
preliminary 2015 -16 CDBG Public Services grant recommendations.
• Request for public comments and input was emailed to stakeholders and service agencies on April 29, 2016
seeking input through May 31, 2016.
• An opportunity for public comment was provided on May 16, 2016, before the Human Services Commission to
receive input on the 2016 Annual Action Plan.
• A Notice of Public Hearing was published in the Federal Way Mirror on April 29, 2016, notifying the public of a
public hearing to be held on June 7, 2016, and to announce a 30 -day comment period on the 2016 Annual
Action Plan.
• A public hearing was held on June 7, 2016, before the Federal Way City Council to receive input on the 2016
Annual Action Plan.
5. Summary of public comments
To be included following the public comment period.
6. Summary of comments or views not accepted and the reasons for not accepting them
To be included following the public comment period.
7. Summary
To be included following the public comment period.
The remainder of this report will provide details on how the City proposes to prioritize its investment.
Federal Way Annual Action Plan — First Amendment 2
2016
PR -05 Lead & Responsible Agencies - 91.200(b)
1. Agency /entity responsible for preparing /administering the Consolidated Plan
The City of Federal Way is responsible for preparing the Annual Action Plan and responsible for
administration of the CDBG grant program and funding.
Responsible Agency
• Agency Role: CDBG Administrator
• Name: Jeffrey Watson
• Department /Agency: Community Development /Community Services Division
The City of Federal Way, Community Services Division, is the lead agency for the CDBG Program. Jeffrey
Watson, Community Services Manager, is the program administrator. Sarah Bridgeford, CDBG /Human
Services Coordinator, is the primary staff responsible for the day -to -day implementation of the program.
Additionally, numerous non - profit agencies are responsible for administering programs funded by CDBG
and were consulted during the development of the Annual Action Plan. These agencies are listed in the
Consultation section of this document.
Annual Action Plan Contact Information
Sarah Bridgeford
CDBG /Human Services Coordinator
33325 8th Ave. S.
Federal Way, WA 98003 -6325
(253) 835 -2651 (telephone)
(253) 835 -2609 (facsimile)
Sarah.Bridgeford@cityoffederalway.com
Federal Way Annual Action Plan — First Amendment 3
2016
AP -10 Consultation - 91.100, 91.200(b), 91.215(1)
1. Introduction
Consultation and citizen participation are important elements of the plan and its implementation. As
part of its first Consolidated Plan, for 2012 -2016, the City created the Citizen Participation Plan for the
City of Federal Way Consolidated Plan to guide the process, provide opportunities for citizen
involvement throughout the development of the Plan, and provide input for the implementation and
program evaluation phases in future years. During the process of developing the Plan, organizations
(both public and private) were consulted and local groups participated in providing input on needs and
proposed strategies.
The City of Federal Way is an active partner and participant in local and regional community
development and human services efforts. The City engages in ongoing coordination between other
cities in South King County having common interests and needs for community development, as well as
public policy organizations, housing providers, health providers, service agencies, and faith -based
organizations that are extensively involved in providing support to low- and moderate - income persons
and households, as well as the homeless. The City also works with other members of the King County
Consortium (Consortium) to conduct and participate in ongoing meetings with each other, stakeholders,
public housing authorities (PHA's), including the King County Housing Authority and the Renton Housing
Authority, and for the Continuum of Care, nonprofit housing and service providers, members of the
Housing Development Consortium of Seattle -King County, the Public Health Department of Seattle and
King County, Puget Sound Regional Council, South King County Human Services Planners, and the
Washington State Department of Social and Health Services. This coordination takes place regularly
throughout the year and informs recommendations for decision making bodies such as the City's Human
Services Commission, as well as public meetings held as a part of the planning and funding processes for
federal formula grants and local funds.
Provide a concise summary of the jurisdiction's activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(1)).
The City of Federal Way coordinates with All Home, which has been designated by the King County
Council as the local homeless housing task force for King County. All Home was created to work with
service providers and advise local government on the creation of a local homeless housing plan and to
participate in a local homeless housing program. Federal Way works with King County and other
communities in the Consortium to provide input and advice to All Home on local and sub - regional issues
and needs regarding homelessness, and housing and services for the homeless.
The City provides both CDBG and local funds to agencies that serve chronically homeless individuals and
families, families with children, veterans, and unaccompanied youth. In addition, Federal Way is
fortunate to have numerous churches and other faith -based groups that provide regular services and
support to the homeless in our community. This includes meals, overnight shelter during the cold
months, and shower and laundry services. The City also uses general fund dollars to fund the Reach Out
winter shelters for homeless men and women. Catholic Community Services provides case management
for these shelters.
Federal Way Annual Action Plan — First Amendment 4
2016
The City also participates annually in the One Night, Point in Time Count.
Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The King County's CoC McKinney Vento- Supported Housing Project (SHP) funds support transitional
housing and related supportive services for people moving from homelessness to independent living, as
well as permanent supportive housing for persons with disabilities. Coordinating the CoC is critical to
our region's implementation of the All Home Homelessness Strategic Plan, which is focused on making
homelessness rare, brief, and one -time. Additionally, efforts by the City and our many human services
partners are targeted to help homeless persons meet three goals:
• achieve residential stability;
• increase their skill levels and /or incomes; and
• strengthen their ability to influence decisions that affect their lives.
The City participates and supports numerous coalitions and committees, such as the South King County
Forum on Homelessness, and All Home, the King County agency focused on ending homelessness. These
valuable partnerships support Federal Way's and the surrounding region's efforts to make homelessness
rare, brief, and one -time.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in
determining how to allocate ESG funds, develop performance standards for and evaluate
outcomes of projects and activities assisted by ESG funds, and develop funding, policies and
procedures for the operation and administration of HMIS
All projects receiving McKinney funding are required by HUD to apply for support through a local
Continuum of Care. For King County, the Continuum of Care encompasses programs and activities
within the borders of King County. The King County CoC priorities are set by All Home in King
County. Federal Way staff contributes to the CoC by working collaboratively with All Home and with
other communities, especially those in South King County, to provide input and cooperation with All
Home and King County.
2. Agencies, groups, organizations and others who participated in the process and
consultations
• Birth to Three Family Development Center
• Boys and Girls Clubs of King County
• Catholic Community Services of Western Washington
• Child Care Resources
• City of Federal Way
• Communities In Schools of Federal Way
• Courage360
• Crisis Clinic
• Domestic Abuse Women's Network (Dawn)
Federal Way Annual Action Plan — First Amendment 5
2016
• Dynamic Partners
• Emergency Feeding Program
• Federal Way Community Caregiving Network
• Federal Way Senior Center
• Full Life Care
• Fusion
• HealthPoint
• Hospitality House
• Institute for Family Development
• Kent Youth & Family Services
• King County Bar Foundation
• King County Sexual Assault Resource Center
• Multi- Service Center
• Nexus Youth and Family Services
• Pediatric Interim Care Center
• Public Health of Seattle -King County
• Puget Sound Training Center
• Sound Generations
• Sound Mental Health
• St. Vincent De Paul Society
• Valley Cities Counseling & Consultation
• Washington Poison Center
• YWCA
Identify any Agency Types not consulted and provide rationale for not consulting
To be included following the public comment period.
Other local /regional /state /federal planning efforts considered when preparing the Plan
The Continuum of Care (CoC), which is overseen by All Home King County. The City of Federal Way is
working with All Home and other communities in South King County to implement the new Strategic
Plan that replaces the Ten -Year Plan to end Homelessness.
Federal Way Annual Action Plan — First Amendment 6
2016
AP -12 Participation - 91.401, 91.105, 91.200(c)
1. Summary of citizen participation process /Efforts made to broaden citizen participation
Consultation and citizen participation are critical elements of the plan. The value of citizen participation
includes: 1) hear the community's recommendations on how the City should invest its CDBG dollars; 2)
consult with individuals who may not initiate contact with the City because of language /cultural
differences or who do not come from experiences where government sought their opinions; and 3)
convene public hearings and meetings to increase opportunities for housing providers, service agencies,
and healthcare organizations to come together and discuss how they can coordinate services and pool
funding to achieve the greatest impact. Such consultation and citizen participation are ongoing aspects
of the City's administration of its CDBG program.
The City regularly engages service providers and citizens in discussions regarding community
development and human services needs. The City continuously seeks input by meeting with individuals
and organizations on an ongoing basis. Organizations that receive funding are monitored throughout
the year and discuss trends and emerging needs with City staff. City staff meets regularly with human
service providers, other cities in the area, and other funders to discuss services for homeless individuals
and families to seek solutions to both local and regional community development problems.
Federal Way Annual Action Plan — First Amendment 7
2016
Expected Resources
AP -15 Expected Resources — 91.420(b), 91.220(c) (1, 2)
Introduction
The City of Federal Way anticipates having the following funding sources available during the 2016
Program Year:
• CDBG
• Program Income
• City General Fund (targeted to human services /public services)
• Section 108 Loan
Anticipated Resources
Table 1- Expected Resources — Priority Table
Program
Source
of
Funds
Uses of
Funds
Expected Amount Available Year 1
Expected
Amount
Available
Remainder
of Con.
Plan $
Narrative
Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG
public -
federal
Acquisition,
Admin and
Planning,
Economic
Development,
Housing,
Public
Improvements,
Public Services
$673,912
$0
$815,173
$1,519,070
$1,794,000
CDBG funds
leverage
additional
federal and
state funds.
Agencies are
able to combine
funding sources
in order to
provide a wider
range of
services to the
community.
Federal Way Annual Action Plan — First Amendment 8
2016
Program
Source
of
Funds
Uses of
Funds
Expected Amount Available Year 1
Expected
Amount
Available
Remainder
of Con.
Plan $
Narrative
Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
General
Fund
public -
local
Public Services
$134,000
$0
$0
$134,000
$2,064,000
The City
provides general
fund grants
annually to
agencies and
organizations
that deliver
services in
support of low -
and moderate
income persons
and households,
those with
special needs,
and the
homeless.
These funds are
used in
cooperation
with CDBG
public services
dollars.
Federal Way Annual Action Plan — First Amendment 9
2016
Program
Source
of
Funds
Uses of
Funds
Expected Amount Available Year 1
Expected
Amount
Available
Remainder
of Con.
Plan $
Narrative
Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
Section
108
public -
federal
Economic
Development,
Public
Improvements
$3,030,000
$0
$0
$3,03Q000
$0
The City is
planning on
using a Section
108 Loan as part
of the funding
to develop the
PAEC. The loan
is based upon
the Section 108
Loan Fund in the
amount of
$3,030,000
established by
the City and
approved by
HUD in 2014.
The loan for the
PAEC will take
advantage of
the full amount
of the loan fund
in 2016. The
debt service for
the loan will be
covered by a
portion of the
CDBG annual
grant over the
20 -year term of
the loan. The
annual debt
service is
expected to be
approximately
$200,000.
Explain how federal funds will leverage those additional resources (private, state, and local funds),
including a description of how matching requirements will be satisfied
CDBG funds do not require a match. CDBG funding for public services and public facility projects is only
a portion of the total funding required. The City encourages applicants to secure other funding for
projects in order to leverage resources to the extent possible.
If appropriate, describe publically owned land or property located within the jurisdiction that may be
Federal Way Annual Action Plan — First Amendment 10
2016
used to address the needs identified in the plan
The City of Federal Way owns the property upon which the proposed Performing Arts and
Entertainment Center (PAEC) will be built. As described previously in this plan, the PAEC will generate
jobs both directly and via acting as a catalyst for redevelopment of the City Center area in Federal Way,
resulting in additional jobs. Because the City will be using Section 108 Loan funds in support of the PAEC
development, jobs created through the facility and as a result of related development will be available
for low- and moderate - income persons.
Discussion
CDBG and Section 108 Loan funds will be used to support eligible- activities in accordance with CDBG
regulations.
Federal Way Annual Action Plan — First Amendment 11
2016
Annual Goals and Objectives
AP -20 Annual Goals and Objectives - 91.420, 91.220(c)(3) &(e)
Goals Summary Information
Table 2 - Goals Summary
Sort
Order
Goal Name
Start Year
End Year
Category
Needs Addressed
1
EXPAND ECONOMIC
OPPORTUNITIES
2016
2019
Non - Housing
Community
Development
Economic Development
and Job Growth
Funding
Goal Outcome
Indicator
CDBG: $164,500
Section 108: $3,030,000
Jobs created /retained: 12 Jobs
Businesses assisted: 75 Businesses Assisted
Goal Name
Start Year
End Year
Category
Needs Addressed
2
PROVIDE DECENT,
AFFORDABLE HOUSING
2016
2019
Affordable Housing
Affordable Housing
Preservation
Funding
Goal Outcome
Indicator
CDBG: $175,000
Homeowner Housing Added: 2 Household Housing Unit
Goal Name
Start Year
End Year
Category
Needs Addressed
3
ESTABLISH SUITABLE
LIVING ENVIRONMENTS
2016
2016
Non - Housing
Community
Development
Ensure a Suitable Living
Environment
Funding
Goal Outcome
Indicator
CDBG: $194,782
Public Service activities other than Low /Moderate
Income Housing Benefit: 200 Persons Assisted
Renovation of 1 public facility, a domestic violence shelter.
Federal Way Annual Action Plan — First Amendment 12
2016
AP -35 Projects - 91.420, 91.220(d)
Introduction
Federal Way's Annual Action Plan provides descriptions of proposals of how funds will be prioritized to
achieve goals identified in the Consolidated Plan. Projects funded by the City will address the priority
needs of providing assistance to prevent homelessness, ensure affordable housing, expand economic
opportunity, and provide a suitable living environment. Projects and programs are selected through a
competitive application process to ensure optimal quality services are provided to the community in use
of the funds.
Table 3 — Proiect Information
#
Project Name
1
Program Administration
2
NRSA Planning
3
Housing Repair Program
4
Debt Service on Federal Way PAEC Section 108 Loan
5
Code Compliance
6
Federal Way Community Center Inclusion Program
7
Hospitality House
8
MSC Rental Assistance
9
MSC YES Program
10
Orion Employment Services
11
Pediatric Interim Care Center
12
Microenterprise Business Technical Assistance (SBDC)
13
Microenterprise Technical Assistance (StartZone)
14
Low- and Moderate - Income Community Development Needs Assessment
15
DAWN Shelter Renovation
Describe the reasons for allocation priorities and any obstacles to addressing underserved
needs
In establishing the priorities for activities to meet the needs of the City, activities are being considered
which are likely to be of high impact. The City looked to its own initiatives and goals to determine how
to best to build on efforts already underway which could impact the economic problems affecting low -
and moderate - income persons. This has led the City to develop strategies with a focus on economic
revitalization activities and job creation, safety net /self- sufficiency services, and protecting /enhancing
housing owned or rented by low- and moderate - income households.
In order to continue services helping populations who are risk, the City allocated the maximum possible
to services that have proven to be effective in the past. The City placed a significant amount of the
resources into the economic development activities for job creation and allocated funding for
microenterprise technical assistance; and, in order to begin working on affordable housing needs,
identified funds to maintain owner - occupied housing.
The City has chosen to place 100% of program funds toward activities which primarily benefit low- and
moderate- income households in its first year and will assure that a minimum of 70% of program
resources will benefit low- and moderate - income households.
Federal Way Annual Action Plan — First Amendment 13
2016
AP -38 Project Summary
Project Summary Information
1
Project Name
Program Administration
Target Area
Goals Supported
EXPAND ECONOMIC OPPORTUNITIES
PROVIDE DECENT AFFORDABLE HOUSING
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Economic Development and Job Growth
Affordable Housing Preservation
Ensure a Suitable Living Environment
Funding
CDBG: $100,000
Description
CDBG Program Planning & Administration for PY2015
Target Date
12/31/2016
Estimate the
number and type
of families that will
benefit from the
proposed activities
Location
Description
33325 8th Avenue S, Federal Way, WA 98003
Planned Activities
CDBG Administration
2
Project Name
NRSA Planning
Target Area
Goals Supported
EXPAND ECONOMIC OPPORTUNITIES
PROVIDE DECENT AFFORDABLE HOUSING
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Economic Development and Job Growth
Affordable Housing Preservation
Ensure a Suitable Living Environment
Funding
CDBG: $2,000
Description
Provide CDBG funds to retain professional services for the development of
priority needs and strategies through engagement with the area residents,
businesses, and community -wide partners and the creation of a NRSA
application to HUD.
Target Date
12/31/2016
Estimate the
number and type
of families that will
benefit from the
proposed activities
Federal Way Annual Action Plan — First Amendment
2016
14
Federal Way Annual Action Plan — First Amendment
2016
15
Location
Description
Provide CDBG funds to retain professional services for the development of
priority needs and strategies through engagement with the area residents,
businesses, and community -wide partners and the creation of a NRSA
application to HUD.
Planned Activities
Prepare NRSA Plan for are of Federal Way
3
Project Name
Housing Repair Program
Target Area
Goals Supported
PROVIDE DECENT AFFORDABLE HOUSING
Needs Addressed
Affordable Housing Preservation
Funding
CDBG: $175,000
Description
Housing repair program helping low /low mod income homeowners repair
their homes to a safe condition.
Target Date
12/31/2016
Estimate the
number and type
of families that will
benefit from the
proposed activities
12 Families (30 individuals) will benefit from this program.
Location
Description
Recipients must be homeowners living in the City of Federal Way.
Planned Activities
Housing repair for extremely low, low, and moderate - income
homeowners. Work is primarily focused on interior health and safety issues,
though roofs and ADA accessibility improvements are also considered on a
case -by -case basis.
4
Project Name
Debt Service on Federal Way PAEC Section 108 Loan
Target Area
Goals Supported
EXPAND ECONOMIC OPPORTUNITIES
Needs Addressed
Economic Development and Job Growth
Funding
CDBG: $102,544
Description
Annual Debt Service on Federal Way PAEC Section 108 Loan, paid quarterly.
Target Date
12/31/2016
Estimate the
number and type
of families that will
benefit from the
proposed activities
Location
Description
31510 20th Avenue South, Federal Way, WA 98003
Census Tract #53033030006
Planned Activities
Debt service on the expected Section 108 Loan for the PACC. Use of a portion
of the annual grant will be directed to debt service for the Section 108 Loan
for the full term of the loan, which will be 20 years. The annual amount for a
full year of debt service is expected to be approximately $200,000 per year
over the 20 -year term.
5
Project Name
Code Compliance
Federal Way Annual Action Plan — First Amendment
2016
15
Federal Way Annual Action Plan — First Amendment
2016
16
Target Area
Goals Supported
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Ensure a Suitable Living Environment
Funding
CDBG: $76,000
Description
Support for staff to engage in code compliance related to City Zoning and
related codes.
Target Date
12/31/2016
Estimate the
number and type
of families that will
benefit from the
proposed activities
Location
Description
Citywide
Planned Activities
Code Compliance
6
Project Name
Federal Way Community Center Inclusion Program
Target Area
Goals Supported
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Ensure a Suitable Living Environment
Funding
CDBG: $22,052
Description
The Inclusion Program provides social activities and classes for
developmentally disabled adults.
Target Date
12/31/2016
Estimate the
number and type
of families that will
benefit from the
proposed activities
67 disabled individuals will benefit from this activity.
Location
Description
The majority of activities will be provided at the Federal Way Community
Center (876 S. 333rd Street, Federal Way, WA 98003). Some activities, such
as camping trips, will be provided off -site.
Planned Activities
Social activities, such as recreational classes, life skills training, trips, and
others will be provided.
7
Project Name
Hospitality House
Target Area
Goals Supported
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Ensure a Suitable Living Environment
Funding
CDBG: $12,460
Description
Homeless Women's Shelter
Target Date
12/31/2016
Federal Way Annual Action Plan — First Amendment
2016
16
Federal Way Annual Action Plan — First Amendment
2016
17
Estimate the
number and type
of families that will
benefit from the
proposed activities
6 individuals will benefit from this activity.
Location
Description
Shelter services will be provided at 1419 SW 150th Street, Burien,
WA 98166.
Planned Activities
Provide shelter and case management services to homeless women.
8
Project Name
MSC Rental Assistance
Target Area
Goals Supported
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Ensure a Suitable Living Environment
Funding
CDBG: $19,026
Description
Multi- Service Center will provide rental assistance to eligible Federal Way
residents in crisis.
Target Date
Estimate the
number and type
of families that will
benefit from the
proposed activities
Location
Description
Planned Activities
Individuals will receive short -term rental assistance to prevent eviction.
9
Project Name
MSC YES Program
Target Area
Goals Supported
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Ensure a Suitable Living Environment
Funding
CDBG: $12,644
Description
YES helps youth ages 16 - 24 to obtain their GED, secure employment and
continue post- secondary schooling, as appropriate, while helping them to
establish and work toward careers and living wage employment.
Target Date
12/31/2016
Estimate the
number and type
of families that will
benefit from the
proposed activities
22 individuals between the ages of 16 and 24 will benefit.
Location
Description
Training for the program will occur at the Multi- Service Center (1200 S. 336th
Street, Federal Way, WA 98003).
Planned Activities
Classes and training to help youth obtain their GED, secure employment,
continue post- secondary schooling.
10
Project Name
Orion Employment Services
Federal Way Annual Action Plan — First Amendment
2016
17
Federal Way Annual Action Plan — First Amendment
2016
18
Target Area
Goals Supported
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Ensure a Suitable Living Environment
Funding
CDBG: $10,383
Description
Employment Services for disabled adults.
Target Date
12/31/2016
Estimate the
number and type
of families that will
benefit from the
proposed activities
3 individuals will benefit from this activity.
Location
Description
Job training will be provided at 1590 A Street NE, Auburn, WA 98002.
Planned Activities
Vocational counseling and skills training to obtain employment.
11
Project Name
Pediatric Interim Care Center
Target Area
Goals Supported
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Ensure a Suitable Living Environment
Funding
CDBG: $5,192
Description
Interim care of drug- exposed infants.
Target Date
12/31/2016
Estimate the
number and type
of families that will
benefit from the
proposed activities
1 infant will benefit from this activity.
Location
Description
Services will be provided at 328 4th Avenue S, Kent, WA 98032.
Planned Activities
PICC's services include infant transportation, 24 -hour medical
monitoring, nursing care, physician visits, narcotic assisted withdrawal,
nutritional support for feeding difficulties, and other interim -level medical
support (oxygen, PIC lines, etc.) as needed. PICC's social work staff facilitates
family visitation, liaises with DSHS, and follows infants for six months after
discharge to assure that they continue to thrive. PICC also provides
educational and outreach services to the community on the recognition and
care of drug- affected infants.
12
Project Name
Microenterprise Business Technical Assistance (SBDC)
Target Area
Goals Supported
EXPAND ECONOMIC OPPORTUNITIES
Needs Addressed
Economic Development and Job Growth
Funding
CDBG: $22,500
Description
Technical Assistance to microenterprise business owners.
Target Date
12/31/2016
Federal Way Annual Action Plan — First Amendment
2016
18
Federal Way Annual Action Plan — First Amendment
2016
19
Estimate the
number and type
of families that will
benefit from the
proposed activities
31 individuals will receive technical assistance.
Location
Description
Activities will be provided at Highline College (2400 S. 240th Street, Des
Moines, WA 98198)
Planned Activities
Small Business Development Center business advisors will provide one -to-
one technical assistance and advising to business owners looking to start or
grow their businesses.
13
Project Name
Microenterprise Technical Assistance (Start Zone)
Target Area
Goals Supported
EXPAND ECONOMIC OPPORTUNITIES
Needs Addressed
Economic Development and Job Growth
Funding
CDBG: $62,000
Description
Microenterprise Technical Assistance to entrepreneurs and start-up
businesses
Target Date
12/31/2016
Estimate the
number and type
of families that will
benefit from the
proposed activities
93 individuals will benefit from technical assistance activities.
Location
Description
Activities will be provided at Highline College (2400 S. 240th Street, Des
Moines, WA 98198)
Planned Activities
Activities improve the self- sufficiency of Federal Way residents /business
owners by providing educational interventions that are aimed at enhancing
small business, self - employment, and micro - enterprise in Federal Way.
14
Project Name
Low- and Moderate - Income Community Development Needs Assessment
Target Area
Goals Supported
EXPAND ECONOMIC OPPORTUNITIES
PROVIDE DECENT AFFORDABLE HOUSING
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Economic Development and Job Growth
Affordable Housing Preservation
Ensure a Suitable Living Environment
Funding
CDBG: $32,782
Description
This project will assess the entire community for community development
and public service needs.
Target Date
7/31/2017
Federal Way Annual Action Plan — First Amendment
2016
19
Federal Way Annual Action Plan — First Amendment 20
2016
Estimate the
number and type
of families that will
benefit from the
proposed activities
This activity is intended to assess community development and human
services needs in the City of Federal Way. As such, it will not directly benefit
persons and families; rather, the Assessment will be used to develop new
funding strategies for programs that address needs across the
community, and serve as a guide for allocation of both Federal and City
funding in the years to come, which will directly benefit low- and moderate -
income persons and families.
Location
Description
This activity will assess conditions throughout the City.
Planned Activities
Engage a consultant to work with City of Federal Way staff to identify and
assess the community development and human services needs for the City,
as well as make recommendations regarding prioritizing funding to support
programs that will address the needs identified in the assessment.
15
Project Name
DAWN Shelter Renovation
Target Area
Goals Supported
ESTABLISH SUITABLE LIVING ENVIRONMENTS
Needs Addressed
Ensure suitable living environments
Funding
CDBG: $60,000
Description
Security fence replacement for domestic violence shelter.
Target Date
12/31/2017
Estimate the
number and type
of families that will
benefit from the
proposed activities
Location
Description
Activities will be provided at Highline College (2400 S. 240th Street, Des
Moines, WA 98198)
Planned Activities
The security fence replacement will replace 750 linear feet of perimeter
fencing and install a power- operated gate for the driveway.
Federal Way Annual Action Plan — First Amendment 20
2016
AP -50 Geographic Distribution - 91.420, 91.220(f)
Description of the geographic areas of the entitlement (including areas of low- income and
minority concentration) where assistance will be directed
The City of Federal Way will direct assistance throughout the community as needed.
Rationale for the priorities for allocating investments geographically
Persons and households in need exist throughout the City and resources are to be allocated as needed.
Federal Way Annual Action Plan — First Amendment 21
2016
AP -85 Other Actions - 91.420, 91.220(k)
Introduction
The City of Federal Way has been and will remain involved in collaborative efforts that serve the needs
of low- and moderate - income persons and households, the homeless, and those with special
needs. The City participates on numerous committees, boards, and the like, and work directly with
agencies and organizations that provide services in order to enhance the level and quality of services in
Federal Way and throughout South King County.
Actions planned to address obstacles to meeting underserved needs
The City is working with other communities in South King County to establish and enhance strong
networks for community development and human services delievery. This includes working with service
providers, stakeholders, the faith -based community, other government agencies, and those we serve
directly to identify and overcome or mitigate barriers to meeting underserved needs. There are both
on -going discussions among the parties to share information about current issues, as well as longer term
planning to develop strategies, build public awareness, and enhance the support of elected officials for
increased resources for the underserved.
Actions planned to foster and maintain affordable housing
The City operates the Home Repair Program, which is funded by CDBG and serves low- and moderate -
income homeowners in Federal Way. The program provides emergency and standard repair and
renovation services that help families remain in their homes. The program is a means of retaining and
enhancing affordable housing and serves to support aging in place, as well as strenghthning the
neigborhoods in which the homes are located.
Actions planned to reduce lead -based paint hazards
No actions are planned.
Actions planned to reduce the number of poverty -level families
Actions to reduce the number of poverty level families include funding small business and micro -
enterprise training and technical assistance. Additionally, actions include maintaining and enhancing
relationships with school -based mentoring programs that lead to increased graduation and college
acceptance, working with businesses in the Town Center area adjacent to the PAEC to hire low- income
residents consistent with the public benefit standards for the proposed Section 108 Loan, and outreach
to increase opportunities for low- income residents to obtain livable wage jobs.
Actions planned to develop institutional structure
No actions are planned.
Federal Way Annual Action Plan — First Amendment 22
2016
Actions planned to enhance coordination between public and private housing and social
service agencies
The City of Federal Way has been regularly fostered relationships between these entities and will
continue to develop and participate in these collaborations, including the South King Council of Human
Services, South King County Housing Development Group, and the King County Housing Development
Consortium.
Discussion
The expressed goal of the the CDBG Program is to reduce the number of people living in poverty. The
City gives funding priority to programs that, in addition to complying with Federal regulations, address a
priority outlined in the Consolidated Plan, and are consistent with all of the goals and objectives
identified.
Federal Way Annual Action Plan — First Amendment 23
2016
Program Specific Requirements
AP -90 Program Specific Requirements - 91.420, 91.220(I)(1,2,4)
Introduction
As a member of the King County HOME Consortium, the City of Federal Way will engage in housing
activities, collaborations, and partnerships to enhance opportunities for equitable development and the
creation /preservation of affordable housing. The Consortium will plan for and support fair housing
strategies and initiatives designed to affirmatively further fair housing choice and to increase access to
housing and housing programs.
We value working together with collective impact to continue the work to develop a cohesive and
coordinated homeless system that is grounded in the principle of Housing First and shared outcomes;
we invest in projects that ensure that homeless households from all sub - populations are treated with
dignity and respect; are returned to permanent housing as quickly as possible; receive strength -based
services that emphasize recovery, as needed; are supported to graduate from temporary homeless
housing as rapidly as possible, and from permanent supportive housing as soon as they are ready;
receive only what they need to be returned to housing quickly and to be as self - reliant as possible; we
are not a one size fits all system.
Establish and maintain a suitable living environment and expand economic opportunities for low -and
moderate - income people. Our investments across the Consortium in low- income communities, and for
the benefit of low- income people, help to ensure equitable opportunities for good health, happiness,
safety, self - reliance and connection to community. Specific strategies include: 1) improve the ability of
health and human services agencies to serve our low to moderate - income residents safely and
effectively; 2) improve the living environment in low to moderate - income neighborhoods and
communities; and 3) expand economic opportunities for low to moderate - income residents of the
Consortium.
Community Development Block Grant Program (CDBG) — Reference 24 CFR 91.220(1)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
1. The total amount of program income that will have been received before the
start of the next program year and that has not yet been reprogrammed:
2. The amount of proceeds from Section 108 Loan guarantees that will be used
during the year to address the priority needs and specific objectives identified
in the grantee's strategic plan:
3. The amount of surplus funds from urban renewal settlements:
4. The amount of any grant funds returned to the line of credit for which the
planned use has not been included in a prior statement or plan:
5. The amount of income from float- funded activities:
$0
$3,030,000
$0
so
$0
Federal Way Annual Action Plan — First Amendment 24
2016
Other CDBG Requirements
1. The amount of urgent need activities:
2. The estimated percentage of CDBG funds that will be used for activities that
benefit persons of low- and moderate - income. Overall Benefit - A consecutive
period of one, two, or three years may be used to determine that a minimum
overall benefit of 70% of CDBG funds is used to benefit persons of low- and
moderate - income. For PY2016, the percentage in this Annual Action Plan:
so
100.0%
Federal Way Annual Action Plan — First Amendment 25
2016
COUNCIL MEETING DATE: June 20, 2017 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: SOUND TRANSIT — CITY SERVICES AGREEMENT
POLICY QUESTION: Should City Council authorize execution of an Inter -Local Agreement with Sound Transit to
allow for reimbursement for incurred costs associated with the Federal Way Link Extension project?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 5, 2017
CATEGORY:
1 Consent
City Council Business
❑ Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: EJ Walsh, PE; Deputy Public Works Director w �v— DEPT: Public Works
Attachments: Land Use and Transportation Committee Memorandum dated May 4, 2017.
Options Considered:
1. Approve the Inter -Local Agreement with Sound Transit to allow for reimbursement for incurred costs
associated with the Federal Way Link Extension project and authorize the Mayor to execute the agreement.
2. Not approve the Inter -Local Agreement with Sound Transit and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the June 20, 2017 City Council
consent agenda for approv
MAYOR APPROVAL:
tte
Initial/Date
Co
InitiaVDate
DIRECTOR APPROVAL: 5/1(.1/7
G1!'j
InitiaVDate
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the June 20, 2017 City Council bse Soda for
approval.
r �
: ob Celski, Chair
4.1a Assef. -ia •
PROPOSED COUNCIL MOTION: "I move to approve the Inter -Local Agreement with Sound Transit to allow for
reimbursement for incurred costs associated with the Federal Way Link Extension project and authorize the Mayor
to execute the agreement."
Mark Ko pang, Member
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED— 1/2015
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 4, 2017
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
Marwan Salloum, P.E., Director of Public Works
FROM: EJ Walsh, P.E., Deputy Public Works Director
SUBJECT: Sound Transit City Services Agreement
BACKGROUND:
Sound Transit has completed the Environmental Impact Statement (EIS) for the Federal Way Link
Extension (FWLE) project which has been approved by both the Federal Transit Administration (FTA)
and the Federal Highway Administration (FHWA).
Funding of the construction of the project has been approved by the voters via ballot measure Sound
Transit 3 (ST3).
With the approved EIS and construction funding, Sound Transit is commencing the design process for the
Federal Way Link Extension which will extend light rail mass transit from the existing Angle Lake
station to a proposed interim terminal station at the existing Federal Way Transit Center.
To complete the preliminary design, which is being done by Sound Transit and associated consultants;
permitting and final design, which will be completed by the successful bidder under a design -build
arrangement; interaction is required between the City and Sound Transit to prepare, review, and approve
agreements, review and approve construction plans, and review and approve permits.
To facilitate the above, the attached Inter -Local Agreement has been prepared that creates the framework
to define responsibilities, procedures, and task orders which allows Sound Transit to reimburse the City
for our incurred costs associated with the above activities.
The first Task Order (Task Order 1), attached, provides funding for coordination, communication,
management, administration, review of plans and agreements, and review of station access and right of
way improvements. The available funding is retroactive to time incurred starting in January of 2017 and
continues through the end of the year.
Subsequent Task Orders will be required for joint projects (if applicable), permitting, inspection, and
activities in 2018 and beyond.
The Development Agreement, which will also require Council approval, and outlines Sound Transit's
responsibilities for construction, station, track and surrounding improvements, is not part of this Inter
Local Agreement and will be a separate, stand alone, agreement.
cc: Project File
Day File
CITY SERVICES AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT
FOR CITY COSTS RELATED TO SOUND TRANSIT PROJECT REVIEW AND PERMITTING
This Agreement is entered into between the City of Federal Way (City), a Washington municipal
corporation, and Sound Transit, a regional transit authority of the State of Washington for the purposes
set forth below.
RECITALS
A. The City is a non - charter municipal code city incorporated under the laws of the State of
Washington, with authority to enact laws and enter into agreements to promote the health, safety, and
welfare of its citizens and for other lawful purposes.
B. Sound Transit is a regional transit authority created pursuant to Chapters 81.104 and 81.112
RCW with all powers necessary to implement a high capacity transit system within its boundaries in
King, Pierce, and Snohomish Counties.
C. The City is responsible for administering state and local land use laws and development
regulations that will apply to Sound Transit projects located within the City jurisdiction. The City is also
responsible for managing streets and municipal utilities within its jurisdiction and for providing
municipal services such as public safety.
D. The Sound Transit Long Range Transit Plan identifies the Federal Way Link Extension Project
(FWLE) Project within the City's jurisdiction.
E. Sound Transit completed environmental review of the FWLE Project with the issuance of a Final
Environmental Impact Statement (EIS) on November 18, 2016 and the Sound Transit Board identified
the project to be built by passing Resolution R2017 -02 on January 26, 2017. FTA issued a Record of
Decision on March 6, 2017and FHWA issued a Record of Decision on March 9, 2017.
1. General
1.1 Purpose. Sound Transit's FWLE Project includes facilities to be constructed within the City's
jurisdiction. Interaction will be required between the City and Sound Transit to prepare, review and
approve agreements, prepare construction plans and to secure property rights, permits, and approvals
from the City for the construction of Sound Transit's facilities. The intent of this Agreement is to
establish (1) roles and responsibilities with regard to the FWLE Project, (2) terms and procedures for the
City to review and approve the proposed use and permits, and (3) a task order process for Sound Transit
to pay the City for the costs of providing design, permitting, and public right -of -way review and approval
services that will be required to allow construction of Sound Transit facilities within the City.
2. Designated Representatives
The City and Sound Transit have designated formal points of contact and coordination for this
Agreement as shown below. Each designated representative is responsible for coordinating the input
and work of its agency, consultants, and staff as it relates to the objectives of this Agreement. The
Page 1
Parties may change designated representatives by written notice to the other Party during the term of
this Agreement. Task orders may designate other individuals as points of contact for each task order.
City
Name EJ Walsh, PE
Title Deputy Public Works Director
Address 33325 8th Avenue South
Federal Way, WA 98003
Phone 253 - 835 -2713
Email edward .walsh @cityoffederalway.com
3. Cooperation and Good Faith Efforts
Name
Title
Address
Phone
Email
Sound Transit
Dan Abernathy
Project Director
401 S. Jackson Street
Seattle, WA 98104 -2826
(206) 903 -7170
dan.abernathy @soundtransit.org
3.1 The Parties understand and agree that the activities described in this Agreement depend upon
timely and open communication and cooperation between the Parties. In this regard, communication of
issues, changes, or problems that arise with any aspect of the work should occur as early as possible in
the process, and not wait for explicit due dates or deadlines. Each Party agrees to work cooperatively
and in good faith toward resolution of any such issues.
3.2. The Parties acknowledge that this Agreement contemplates the execution and delivery of a
number of future documents, instruments and permits, the final form and contents of which are not
presently determined. The Parties agree to provide the necessary resources and to work in good faith to
develop the final form and contents of such documents, instruments and permits, and to execute and
deliver the same promptly.
4. Environmental Review
4.1 Sound Transit is the lead agency for compliance with SEPA. In coordination with the City and
other agencies with jurisdiction, Sound Transit has completed the substantive and procedural
environmental review for the Project in accordance with SEPA requirements. The environmental review
covers the City's issuance of permits for the Project as well as environmental mitigation, and the City will
use and rely upon the existing environmental documents to satisfy its SEPA responsibilities, consistent
with WAC 197 -11 -600. The foregoing does not limit the City's authority to impose reasonable permit
conditions pursuant to its development regulations and is not a substitution for approval of any permits
required under City code.
5. Essential Public Facilities
5.1 The Parties agree that the FWLE Project is a regional transportation facility that has the status of
an essential public facility (EPF) and that the requirements of RCW 36.70A.200 are applicable. The siting
and location of the FWLE project shall be consistent with RCW Chapter 36.70A.
6. Task Orders for City Services
6.1 General Approach. Sound Transit agrees to pay the City for the costs associated with particular
tasks that:
Page 2
• Are required or necessary because of the implementation of Sound Transit's FWLE Project in the
City; and
• Sound Transit asks the City to undertake.
Costs for services will be based on the current hourly rate adopted as part of the City's Fee Ordinance
Schedule at the time that charges are incurred.
This may include tasks that Sound Transit asks the City to complete on a shorter schedule than the City
would otherwise follow. City services are described in further detail in Section 6.3.
In general, Sound Transit will not pay the City for the costs associated with the following:
• Coordination between Sound Transit and the City normally provided as between government
agencies.
• City services provided in the ordinary course of business and on the City's usual time and
schedule that the City does not ordinarily charge fees for.
• City services that ST will pay for under existing land use, permitting, or other fee schedules. An
exception to this exclusion would occur if a task order or other agreement establishes a
different payment structure in lieu of the established payments and fees.
6.2 Task Orders. A task order shall be prepared and executed by the Parties for each work effort to
be covered by this Agreement. A list of anticipated task orders is attached as Exhibit A. Task orders shall
be in a format similar to that shown in Exhibit B. Each task order shall contain a scope of work, a detailed
cost estimate, and a schedule of work. The cost estimate shall establish a maximum funding level for the
task order. Each task order shall be executed by authorized representatives of Sound Transit and the
City and shall incorporate by reference the provisions of this Agreement.
6.3 City Services. Task orders may address some or all of the following types of activities as
appropriate to the project or phase. Each task described below is optional and should only be included
in Task Orders when the City and Sound Transit agree it is appropriate.
A. Project Administration.
A.1. Coordination and Communication. Activities including participation at regularly scheduled
project -level coordination meetings and providing on -going project management activities, as
well as central coordination of all submittal reviews, comment coordination and consolidation,
and identification of projects or proposals (e.g., utility or public works projects or private
development projects) that have the potential to conflict with or interfere with Sound Transit's
Projects.
A.2 Management and Administration. Project management activities including staffing, budget,
and schedule management, progress reports and invoicing, and other related activities.
A.3 Agreements. Review and approval of Memoranda of Understanding, Development
Agreements, Services Agreements, Task Orders and other related activities.
Page 3
B. Design Review. Project design review consisting of informal "over the shoulder" (OTS)
reviews and formal design submittals for which the City is expected to provide formal comments
to Sound Transit.
B.1. OTS Review. OTS review meetings may be scheduled on an as- needed basis to keep Project
team members apprised of developments in the design process, seek feedback or concurrence
from the City on aspects of the design as it is progressing, and to determine whether the design
is consistent with City codes and regulations.
B.2. Formal Submittals. Sound Transit will occasionally submit design review packages to the City
for formal review and comment during the earlier project phases and regularly during the
permitting and construction phases. The design review packages, including specific timeframes
for Sound Transit to provide advance notification to the City and. for City review, are to be
described in the scopes of work included in Task Orders. If the City foresees that comments will
not be returned within the agreed upon timeframe, the City shall notify Sound Transit of the
delay as soon as possible so the Parties can determine an acceptable solution. City comments
should identify any aspects of the design that do not meet City codes and regulations so the
inconsistency can be corrected.
C. Planning and Design Coordination.
C.1 Station Access Improvements. Coordination between the City and Sound Transit with regard
to station access improvements, such as placement of kiss and ride facilities, parking, ride share
services, and other emerging technologies, transit integration, wayfinding, and non - motorized
access improvements.
C.2 Transit Oriented Development (TOD). City services to partner with Sound Transit to
incorporate TOD principles during project design and permitting and to support Sound Transit in
evaluating and planning for TOD around Sound Transit facilities and on Sound Transit owned
properties that will no longer be needed for future transit operations or maintenance after
construction is complete.
C.3 Right -of -Way (ROW). Coordination between the City and Sound Transit with regard to City
ROW. This may include review of a Transit Way Agreement, temporary easements or street
vacations, required improvements, or any other actions /transfers involving City ROW.
C.4 Joint Protects or Partnerships. City services that meet the general approach described in
Section 6.1 where partnership will occur for a related separate City project, that Sound Transit
may be contributing to as mitigation or project enhancement, or if there is a third party project
(private, WSDOT, utility) that Sound Transit and the City need to coordinate with, or if there is
something specific that Sound Transit needs to incorporate into the Sound Transit Project.
D. Permits and Approvals.
D.1. Establish Permit Process. City coordination with Sound Transit to determine a streamlined
and consolidated permitting process for the Project that will allow for the City to review and
process permits in the most expeditious manner allowable under applicable laws. This may
Page 4
include the preparation of a development agreement, development code amendments, or other
types of documents to implement a permitting process.
D.2. Permitting and Inspection Activities. City permit activities directly related to permit
processing, approval, and issuance including inspections, if these activities are not already
provided for through standard permitting fees.
E. Other Services. Other services as deemed appropriate by the City and Sound Transit.
6.4 Eligible Costs. The following types of expenditures shall be eligible for reimbursement:
• Direct project costs including labor charges at the employees' current rates in accordance with
the City adopted fee schedule on an hourly basis at the time the charge is incurred.
• Direct non -salary costs reimbursed at the actual cost to the City.
• All consultant costs that are consistent with the activities identified in the Task Order Scope of
Work and within the Task Order Cost Estimate.
• Mileage for meetings requested by Sound Transit outside of the City of Federal Way limits will
be charged at the standard IRS rate in effect at the time the charge is incurred.
• This Agreement does not cover the City's normal capital and operating expenses such as
buildings, office equipment, maintenance, security, utilities, or vehicles, except those expenses
normally included in the City's cost -based fee calculation for services.
6.5 Performance. if the City does not perform the services described in the Task Orders, provide
formal review comments within the Design Submittal review times as agreed upon in accordance with
Section 6.3 or provide notice to Sound Transit as set forth in Section 6.3.B.2, or fails to identify
development code conflicts that require design changes during the permitting process, and if the failure
to perform is solely attributable to the City's actions or inactions, appropriate corrective action will be
discussed and agreed to by the City and Sound Transit Designated Representatives. Should the
corrective action not be agreed to or resolve the problem within one (1) week, the dispute resolution
process may be commenced and Sound Transit may request specific resolutions including a reduction in
the fees owed by Sound Transit to the City.
7. Invoicing
7.1 The City shall submit invoices and supporting documentation for task order payments. The
invoices must include the appropriate purchase order number, which Sound Transit will provide after
execution of each task order, a cover memo including a description of services provided by the City, and
supporting documentation detailing the work completed and associated costs.
7.2 The City shall submit its invoices with the required documentation via email or mail to
AccountsPayable @SoundTransit.org, or Sound Transit, Accounts Payable, 401 S. Jackson St., Seattle, WA
98104 -2826. Invoices must be paid within (30) days of Sound Transit's receipt of the invoice and
acceptable documentation.
7.3 If Sound Transit determines that an invoice Tacks sufficient documentation to support payment,
Sound Transit will notify the City of its determination and request that the City provide additional
Page 5
documentation. Sound Transit may withhold payment for contested portions of the invoice until
supporting documentation for the contested portions are provided; however, such approval shall not be
unreasonably withheld.
8. Suspension and Termination
8.1 If the City has not received payment from Sound Transit as provided in Section 6, the City may
suspend performance of all or any part of the associated work after giving Sound Transit thirty (30) days'
notice of the City's intent to do so. Such suspension shall remain in effect until payment is made in full,
at which time the suspension shall be lifted.
8.2 Either Party may terminate this Agreement for cause in the event that the other Party fails to
fulfill its material obligations under this Agreement in a timely manner or breaches any material
provision of this Agreement and the dispute resolution process identified in Section 10 has failed to
reach resolution within the timelines described therein. The Party wishing to terminate this Agreement
for cause shall provide the other Party with notice of its intent to terminate and shall give the other
Party an opportunity to correct the failure to perform or breach within thirty (30) days of the notice or
within such longer period as may be necessary in the event that correction cannot reasonably be
accomplished within thirty (30) days. If the failure or breach is not corrected or cured, this Agreement
may be terminated by the aggrieved party by giving ninety (90) days' notice to the other Party.
8.3 This Agreement shall also terminate with the mutual consent of both parties.
8.4 Except as provided in this Section, a termination by either Party shall not extinguish or release
either Party from liability for costs or obligations existing as of the date of termination. Any costs
incurred prior to proper notification of termination will be borne by the Parties in accordance with the
terms of this Agreement.
9. Indemnity
9.1 Each Party agrees to hold harmless, indemnify, and defend the other Party, its elected officials,
officers, agents, and employees, from and against any and all claims, losses or liability, for injuries,
sickness or death of persons, including employees of the indemnifying Party, or damages, arising out of
any willful misconduct or negligent act, error, or omission of the indemnifying Party, its officers, agents,
or employees, in connection with the services required by this Agreement, provided, however, that:
9.1.1 The indemnifying Party's obligations to indemnify, defend and hold harmless shall not
extend to injuries, sickness, death, or damage caused by or resulting from the sole willful
misconduct or sole negligence of the other Party, its elected officials, officers, agents or
employees; and
9.1.2 The indemnifying Party's obligations to indemnify, defend and hold harmless for
injuries, sickness, death, or damage caused by or resulting from the concurrent negligence or
willful misconduct of the indemnifying Party and the other Party, or of the indemnifying Party
and a third party other than an elected official, officer, agent, or employee of the indemnifying
Party, shall apply only to the extent of the negligence or willful misconduct of the indemnifying
Party, its elected officials, officers, agents, or employees.
Page 6
9.2 Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise in
relation to this Agreement, and each Party shall fully indemnify and hold the other Party, its officers,
agents and employees harmless from any tax liability owed by other Party arising from or related to the
transactions set forth herein, including, but not limited to, any taxes, penalties, fines, and /or interest
that are assessed by any tax authority against the indemnifying Party and further including all attorneys'
fees and costs incurred in response to any claims or assessments by any tax authority against
indemnifying Party, its officers, agents and employees.
9.3 The obligations in this Section shall survive termination or completion of this Agreement as to
any claim, Toss or liability arising from events occurring prior to such termination or completion.
10. Dispute Resolution
10.1 The Parties agree that neither party shall take or join any action in any judicial or administrative
forum to challenge actions of the other party associated with this Agreement or the Project, except as
set forth herein. Prior to taking or joining any action in any judicial or administrative forum to challenge
actions of the other party associated with the Agreement or Project, the Parties agree to follow the
dispute resolution process set out in this section 10. The Parties agree to use their best efforts to
prevent and resolve potential sources of conflict at the lowest level possible.
10.2 Any disputes or questions of interpretation of this Agreement or the performance of either
Party under this Agreement that may arise between Sound Transit and the City shall be governed under
the dispute resolution provisions in this Section. The Parties agree that cooperation and communication
are essential to resolving issues efficiently.
10.3 Either Party may refer a dispute to the dispute resolution process by providing written notice of
such referral to the other Party's Designated Representative. The Parties agree to use their best efforts
to resolve disputes arising out of or related to this Agreement using good faith negotiations by engaging
in the following dispute resolution process should any such disputes arise:
10.3.1 Level One - Sound Transit's Designated Representative and the City's Designated
Representative shall meet to discuss and attempt to resolve the dispute in a timely manner. If
they cannot resolve the dispute within fourteen (14) days after referral of that dispute to Level
One, either party may refer the dispute to Level Two.
10.3.2 Level Two - Sound Transit's Executive Project Director, and the City's Public Works
Director shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they
cannot resolve the dispute within fourteen (14) days after referral of that dispute to Level Two,
either party may refer the dispute to Level Three.
10.3.3 Level Three - Sound Transit's Executive Director, Engineering and Construction
Management or Designee and the City's Mayor or Designee shall meet to discuss and attempt to
resolve the dispute in a timely manner.
10.4 Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level
Three within fourteen (14) days after referral of that dispute to Level Three, the Parties may file suit,
seek any available legal remedy, or agree to alternative dispute resolution methods such as mediation.
At all times prior to resolution of the dispute, the Parties shall continue to perform any undisputed
Page 7
obligations and make any undisputed required payments under this Agreement in the same manner and
under the same terms as existed prior to the dispute. Notwithstanding anything in this Agreement to
the contrary, neither party has an obligation to agree to refer the dispute to mediation nor other form
of dispute resolution following completion of Level Three of the process described herein. Such
agreement may be withheld for any reason or no reason.
11. Remedies and Enforcement
11.1 The Parties reserve the right to exercise any and all remedies available under the taw, singly or
in combination, and consistent with the dispute resolution and default Sections of this Agreement, in
the event the other violates any provision of this Agreement. These remedies include, but are not
limited to:
11.1.1 Commencing an action at law for monetary damages;
11.1.2 Commencing an action for equitable or other relief;
11.1.3 Seeking specific performance of any provision that reasonably lends itself to such
remedy; and /or
11.2 All remedies set forth above are cumulative and the exercise of one shall not foreclose the
exercise of others.
11.3 Neither Party shall be relieved of its obligations to comply promptly with any provision of this
Agreement by reason of any failure by the other Party to enforce prompt compliance, and such failure
to enforce shall not constitute a waiver of rights or acquiescence in the other Party's conduct.
11.4 Each party consents to the personal jurisdiction of the state and federal courts in King County,
Washington and waives any objection that such courts are an inconvenient forum. If either Party brings
any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's
fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in
addition to any other recovery or award provided by law; however, nothing in this paragraph shall be
construed to limit the Parties' rights to indemnification.
12. Duration of Agreement
12.1 This Agreement shall take effect upon the last date of signature by the Parties as set forth
below. This Agreement shall remain in effect until all Sound Transit Projects contemplated by this
Agreement are completed and open to the public, unless this Agreement is extended by mutual
agreement of the Parties, or unless this Agreement is superseded by a future agreement or is sooner
terminated as provided in Section 8 above.
13. Warranties
13.1 By execution of this Agreement, the City warrants:
13.1.1 That the City has the full right and authority to enter into and perform this Agreement,
and that by entering into or performing this Agreement the City is not in violation of any law,
regulation or agreement by which it is bound or to which it is bound or to which it is subject; and
Page 8
13.1.2 That the execution, delivery and performance of this Agreement by the City has been
duly authorized by all requisite corporate action, that the signatories for the City hereto are
authorized to sign this Agreement, and that upon approval by the City, the joinder or consent of
any other party, including a court or trustee or referee, is not necessary to make valid and
effective the execution, delivery and performance of this Agreement.
13.2 By execution of this Agreement, Sound Transit warrants:
13.2.1 That Sound Transit has the full right and authority to enter into and perform this
Agreement, and that by entering into or performing this Agreement Sound Transit is not in
violation of any law, regulation or agreement by which it is bound or to which it is bound or to
which it is subject; and
13.2.2 That the execution, delivery and performance of this Agreement by Sound Transit has
been duly authorized by all requisite corporate action, that the signatories for Sound Transit
hereto are authorized to sign this Agreement, and that upon approval by Sound Transit, the
joinder or consent of any other party, including a court or trustee or referee, is not necessary to
make valid and effective the execution, delivery and performance of this Agreement.
14. Administration of Agreement
14.1 This Agreement will be jointly administered by Sound Transit's Designated Representative and
the City's Designated Representative.
14.2 Each Party shall bear its own costs of administering this Agreement.
15. Posting of Agreement
15.1 Pursuant to RCW 39.34.040, each party shall list this Agreement on its website by subject matter
and shall post a copy in an electronically retrievable source for public viewing.
16. Assignment and Beneficiaries
16.1 Neither Party may assign all or any portion of this Agreement without the express written
consent of the other Party. There are no third party beneficiaries to this Agreement.
17. Notices
17.1 Unless otherwise provided herein, all notices and communications concerning this Agreement
shall be in writing and addressed to the Designated Representative.
17.2 Unless otherwise provided herein, all notices shall be either: (1) delivered in person, (ii)
deposited postage prepaid in the certified mails of the United States, return receipt requested, (iii)
delivered by a nationally recognized overnight or same -day courier service that obtains receipts, or (iv)
delivered electronically to the other party's Designated Representative as listed herein; however, notice
under Section 7, Suspension and Termination, must be delivered in person or by certified mail, return
receipt requested.
18. Audits
Page 9
18.1 Sound Transit and the City shall maintain accounts and records, including contract and financial
records, which sufficiently and properly reflect all direct and indirect costs of any nature expended for
work performed under this Agreement so as to ensure proper accounting for all monies paid to the City
by Sound Transit. These records shall be maintained for a period of six (6) years after termination or
expiration of this Agreement unless permission to destroy the records is granted by the Office of the
Archivist pursuant to RCW Chapter 40.14 and agreed to by the City and Sound Transit.
19. General Provisions
19.1 The Parties shall not unreasonably withhold requests for information, approvals, or consents
provided for in this Agreement; provided, however, that approvals or consents required to be given by
vote of the Sound Transit Board or Federal Way City Council are recognized to be legislative actions. The
Parties agree to take further actions and execute further documents, either jointly or within their
respective powers and authority, to implement the intent of this Agreement provided, however, that
where such actions or documents must be first approved by vote of the Sound Transit Board or Federal
Way City Council, such actions are recognized to be legislative actions. The City and Sound Transit agree
to work cooperatively with each other to achieve the mutually agreeable goals as set forth in this
Agreement.
19.2 This Agreement shall be interpreted, construed and enforced in accordance with the laws of the
State of Washington. Venue for any action under this Agreement shall be King County, Washington.
19.3 This Agreement shall be binding upon and inure to the benefit of successors and assigns of the
City and Sound Transit.
19.4 Time is of the essence in every provision in this Agreement. Unless otherwise set forth in this
Agreement, the reference to "days" shall mean calendar days unless otherwise noted. Any reference to
"working days" shall exclude any City holidays and weekend days. If any time for action occurs on a
weekend or legal holiday, then the time period shall be extended automatically to the next business day.
19.5 This Agreement is made and entered into for the sole protection and benefit of the Parties
hereto and their successors and assigns. No other person shall have any right of action based upon any
provision of this Agreement.
19.6 No joint venture or partnership is formed as a result of this Agreement. No employees, agents
or subcontractors of one party shall be deemed, or represent themselves to be, employees of any other
party.
19.7 This Agreement has been reviewed and revised by legal counsel for all parties and no
presumption or rule that ambiguity shall be construed against the party drafting the document shall
apply to the interpretation or enforcement of this Agreement. The Parties intend this Agreement to be
interpreted to the full extent authorized by applicable law.
19.8 Each Party shall be responsible for its own costs, including legal fees, incurred in negotiating or
finalizing this Agreement, unless otherwise agreed in writing by the Parties.
19.9 This Agreement and related task orders may be amended only by a written instrument executed
by each of the Parties hereto. The Designated Representatives may agree upon amendments to Exhibits
or to extend the term of this Agreement. Such amendments shall be binding upon the parties without
Page 10
the need for formal approval by the Sound Transit Board and the Federal Way City Council, as long as
the amendments are generally consistent with this Agreement and do not exceed the authority granted
by the Sound Transit Board and City Council.
19.10 This Agreement may be executed in several counterparts, each of which shall be deemed an
original, and all counterparts together shall constitute but one and the same instrument.
20. Severability
20.1 In case any term of this Agreement shall be held invalid, illegal, or unenforceable in whole or in
part, neither the validity of the remaining part of such term nor the validity of the remaining terms of
this Agreement shall in any way be affected thereby.
21. City's Permitting and Regulatory Authority
21.1 Nothing in this Agreement shall be deemed a waiver of the City's regulatory authority nor a
predetermination of the compliance of the Project with applicable codes and regulations.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement by having its authorized
representative affix his /her name in the appropriate space below:
SOUND TRANSIT THE CITY OF FEDERAL WAY
By: By:
Peter M. Rogoff, Chief Executive Officer Jim Ferrell, Mayor
Date: Date:
Authorized by Motion No. Authorized by City Council
M2017 -XX Motion on , 2017.
Approved as to form: Approved as to form:
By: By:
Amy Jo Pearsall, Senior Legal Counsel J. Ryan Call, City Attorney
Page 11
EXHIBITS
Exhibit A: Anticipated Task Orders under this Agreement
Exhibit B: Task Order Format
Page 12
Exhibit A
Anticipated Task Orders
Task Order 1- Federal Way Link Extension Request for Proposals Preparation Phase
Task Order 2 - Federal Way Link Extension Design -Build Procurement Phase
Task Order 3 - Federal Way Link Extension Permitting and Pre - Construction Phase
Task Order 4 - Federal Way Link Extension Construction Phase
Page 13
Exhibit B
Task Order Format
CITY SERVICES AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT
FOR CITY SERVICES AND COSTS RELATED TO SOUND TRANSIT PROJECT REVIEW AND PERMITTING
Task Order : Title
This Task Order is issued under the Funding Agreement between the City of Federal Way and
Sound Transit for City Services and Fees Related to Sound Transit Project Review and Permitting dated
, 2017 (Funding Agreement). This Task Order establishes the scope, schedule, and budget for
the services provided by the City (Services) for the Sound Transit PROJECT /PHASE. The City agrees to
perform the Services in the manner set forth in this Task Order. The terms and conditions of the Funding
Agreement are incorporated into this Task Order unless expressly modified below.
The effective date of this Task Order is , 20_
Project Description. General Description of the work to be performed. May also include definitions if
helpful /appropriate.
• The Scope of Work is included as Attachment 1 to this Task Order.
• The Schedule is included as Attachment 2 to this Task Order.
• The Cost Estimate is included as Attachment 3 to this Task Order.
The authorized representatives of the parties have agreed to the terms of this Task Order by signing
below.
For the City
Signature
Title
Date
Approved as to Form:
Name, City Attorney
For Sound Transit
Signature
Title
Date
Approved as to Form:
Name, Sound Transit Legal Counsel
Page 14
Task Order Attachment 1: Scope of Work.
Provide detailed information regarding City Services contemplated by each task order. Use "Not used"
for items not included in the scope for consistency among task orders.
A. Project Administration.
A.1. Coordination and Communication.
A.2 Management and Administration.
A.3 Agreements.
B. Design Review.
B.1. OTS Review.
B.2. Formal Submittals.
C. Planning and Design Coordination.
C.1 Station Access Improvements.
C.2 Transit Oriented Development (TOD).
C.3 Right -of -Way.
C.4 Joint Projects or External Project Coordination.
D. Permits and Approvals.
D.1. Establish Permit Process.
D.2. Permitting and Inspection Activities.
E. Other Work.
Page 15
Task Order Attachment 2: Estimated Schedule.
Task
Start Month
End Month
A.1. Coordination and Communication
A.2. Management and Administration
A.3 Agreements
B.1. OTS Review
B.2. Formal Submittals
C.1. Station Access
C.2. Transit Oriented Design
C.3. Right -of -Way
C.4. Joint Projects or Partnerships
D.1 Establish Permit Process
D.2. Permitting and Inspection Activities
Page 16
Task Order Attachment 3. Cost Estimate.
Contract contingency will be used per Sound Transit discretion and in accordance with signature
authority procedures.
Spreadsheet to be inserted.
Page 17
CITY SERVICES AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT
FOR CITY SERVICES AND COSTS RELATED TO FEDERAL WAY LINK EXTENSION
PROJECT REVIEW AND PERMITTING
Task Order 1: Request for Proposals Preparation
This Task Order is issued under the City Services Agreement between the City of Federal Way
and Sound Transit for City Services and Fees related to Federal Way Link Extension Project Review and
Permitting dated , 2017. This Task Order establishes the scope, schedule, and budget for the
services provided by the City (Services) for the Federal Way Link Extension (FWLE) Project /Request for
Proposals (RFP) Preparation Phase. The City agrees to perform the Services in the manner set forth in
this Task Order. The terms and conditions of the City Services Agreement are incorporated into this Task
Order unless expressly modified below.
The effective date of this Task Order is , 20_
Project Description. Work during the RFP Preparation phase will support the advertisement of a RFP for
a Design -Build Contractor to complete Final Design and Construct the FWLE Project. The RFP will contain
detailed Project Requirements that the Design -Build Contractor must meet. City involvement is needed
to provide input regarding codes, design and permitting prior to advertisement so that the Project
Requirements describe a project that complies with City codes and requirements.
• The Scope of Work is included as Attachment 1 to this Task Order.
• The Schedule is included as Attachment 2 to this Task Order.
• The Cost Estimate is included as Attachment 3 to this Task Order.
The authorized representatives of the parties have agreed to the terms of this Task Order by signing
below.
For the City
EJ Walsh, PE
Deputy Public Works Director
Date
Approved as to Form:
J. Ryan CaII, City Attorney
For Sound Transit
Signature
Title
Date
Approved as to Form:
Name, Sound Transit Legal Counsel
Task Order 1 Attachment 1— RFP Preparation: Scope of Work.
A. Project Administration.
A.1. Coordination and Communication. The key purpose of coordination and communication
during this phase is to identify and resolve key issues that need to be addressed in the Design -
Build RFP. Activities include participating in regularly scheduled (as needed weekly or bi- weekly )
project coordination meetings with Sound Transit and preparing for and /or following up on key
topics to advance resolution of issues for inclusion in the Project Requirements, Development
Agreement, and Transit Way Agreement. Also included, is identification of and discussion
regarding projects and /or proposals (e.g., utility, public works projects, or private development
projects) that present partnership opportunities or the potential to conflict with Sound Transit's
Projects.
Deliverables
Attend Sound Transit project coordination meetings.
A.2 Management and Administration. The key purpose of this task is to provide accurate and
timely project administration and production of quality work products to allow for Sound
Transit's design and construction of the project. This task will be continuous throughout the
duration of this phase and includes the City's work necessary to set up and participate in
meetings, design reviews, monthly or quarterly invoicing, monitoring and reporting progress,
preparing for future Project phases, and providing overall project coordination.
Deliverables
Provide monthly or quarterly invoicing and progress reporting and on -going project
management activities.
A.3 Agreements. The key purpose of this task is to provide for timely approval of task orders and
other relevant agreements.
Deliverables
The City will work with Sound Transit to approve one or more letters of concurrence on key
design and /or code issues and to develop a final draft of the Development and Transit Way
Agreement.
B. Design Review.
B.1. Over the Shoulder (OTS) Review. The key purpose of OTS review during this phase is to
ensure that the Project design and Project Requirements are consistent with City codes and
regulations. Close coordination, through the regularly scheduled meetings referenced in A.1
and additional meetings as needed, will be necessary to advance, review, and communicate
design developments with Project team members and to seek feedback or concurrence from the
City.
B.2. Formal Submittals. The RFP Preparation Phase includes two formal submittals; the Draft
RFP and Final RFP. As part of these submittals, City staff will review performance based and
prescriptive Project Requirements and associated reference drawings, as well as Development
Agreement and Transit Way Agreement language. City review of formal submittals is intended
to ensure that the Project design and Project Requirements are consistent with City codes and
regulations. Sound Transit will notify the City two (2) to four (4) weeks in advance of providing
design review packages to the City and the City will perform a review of the packages and return
unified and coordinated comments from all relevant City departments within thirty (30) days. If
for any reason the City requires additional review time the City will notify Sound Transit as soon
as possible.
Deliverables
• Submit consolidated and coordinated comments on the Draft RFP and Final RFP
submittals.
• The City will work with Sound Transit to approve a letter of concurrence on the Project
Requirements that are included in the Final RFP.
C. Planning and Design Coordination.
C.1. Station Access Improvements. The purpose of coordination between the City and Sound
Transit during this phase is to support safe and convenient multi -modal access to the stations.
This will be accomplished through close coordination to develop project requirements for
station access improvements, such improvements may include, but not be limited to, a kiss and
ride, bus, pedestrian, and bicycle facilities that meet City codes and regulations.
Deliverables
• The City will work with Sound Transit to develop project requirements for station access
improvements.
C.2. Transit Oriented Development (TOD). The purpose of coordination between the City and
Sound Transit during this phase is to identify and incorporate TOD principles into Project
Requirements and /or the Development Agreement. City services will also support Sound Transit
in evaluating and planning for TOD around Sound Transit facilities and on Sound Transit owned
properties that will no longer be needed for future transit operations or maintenance after
construction is complete.
Deliverables
• The City will work with Sound Transit to develop project requirements and /or language
for the Development Agreement to incorporate TOD principles into the project.
C.3. Right -of -Way (ROW). The purpose of coordination between the City and Sound Transit
during this phase is to ensure that plans in the ROW are consistent with City codes and
regulations. Approval for Sound Transit to construct, operate and maintain the light rail within
the City's ROW will be through a separate Transit Way Agreement or similar standalone
agreement, which Sound Transit views as a key approval.
Deliverables
• The City will work with Sound Transit to develop a final draft of the Transit Way
Agreement.
C.4. Joint Protects or Partnerships. The purpose of coordination on joint projects or partnerships
is to support collaboration on related City projects that Sound Transit may be contributing to as
mitigation or project enhancement, third party projects (private, WSDOT, utility) that require
Sound Transit -City collaboration, or additional project elements that need to be incorporated
into the Sound Transit Project. Said joint projects or partnerships will be further defined and
responsibilities outlined under separate task orders or agreements.
D. Permits and Approvals.
D.1. Establish Permit Process. A key activity during this project phase is to jointly develop and
approve a permitting plan that supports the project schedule and provides the City with the
information and time needed to provide approvals. City and Sound Transit staff will work
together to establish mutually agreeable procedures and to streamline processes where
possible. These processes and procedures will be documented in the Project Requirements
and /or Development Agreement, as appropriate.
Deliverables
The City will work with Sound Transit to develop a mutually agreeable permitting plan and
relevant project requirements and /or language for the Development Agreement.
D.2. Permitting and Inspection Activities. Not Used. Permitting and inspection activities will be
undertaken in a subsequent project phase and addressed through a later task order.
E. Other Work. Not used.
Task Order Attachment 2: Estimated Schedule.
Task
Estimated Start
Month
Estimated End
Month
A.1. Coordination and Communication
January 2017
December 2017
A.2. Management and Administration
January 2017
December 2017
A.3 Agreements
January 2017
December 2017
B.1. OTS Review
January 2017
December 2017
B.2. Formal Submittals
June 2017
November 2017
C.1. Station Access
January 2017
December 2017
C.2. Transit Oriented Design
January 2017
December 2017
C.3. Right -of -Way
January 2017
December 2017
C.4. Joint Projects or Partnerships
TBD
TBD
D.1 Establish Permit Process
March 2017
December 2017
D.2. Permitting and Inspection Activities
NA
NA
Task Order Attachment 3: Cost Estimate.
Contract contingency will be used per Sound Transit discretion and in accordance with signature
authority procedures.
Task
Hours
Labor (1)
Rate
O/H Rate
Total
Task 1.0 (TO 1
Sections A, B.1, C, D)
Ongoing Review and
Coordination
992
$122.48
Incl.
$121,500
Task 2.0 (TO 1
Section B.2)
Formal Submittal Review
1,240
$122.48
Incl.
$151,873
Subtotal
2,232
$273,373
Other Direct Costs (ODCs)
$0
Contingency
$27,337
Total Estimated
Cost
$300,710
(1) Weighted average labor rates, actual reimbursement is based on applicable hourly rate per
section 6.1 of the City Services Agreement.
COUNCIL MEETING DATE: June 20, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 713
SUBJECT: 2017 -2018 RIGHT -OF -WAY LANDSCAPE MAINTENANCE — BID AWARD
POLICY QUESTION: Should City Council award the 2017 -2018 Right -of -Way Landscape Maintenance Contract to
the lowest responsive, responsible bidder?
COMMITTEE: n/a MEETING DATE: n/a
CATEGORY:
❑ Consent
® City Council Busing
❑ Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY:i esiree Winkler, P.E. Deputy Public Works Director /
Street Systems Manager
Attachments: Council Memo dated June 20, 2017; Bid Tabulations
Options Considered:
1. Award the 2017 -2018 Right -of -Way Landscape Maintenance Contract to Macmor, Inc., the lowest
responsive, responsible bidder, in the amount of $401,155.00 and authorize the Mayor to execute the contract.
2. Reject all bids for the 2017 -2018 Right -of -Way Landscape Maintenance Contract and direct staff to rebid the
project and return to Committee for further action.
DEPT: Public Works
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the June 20, 2
business agenda for approval. ^ _
MAYOR APPROVAL:
n/a LP DIRECTOR APPROVAL:
Committee ounci
Initial/Date Initial /Date
7 City Council
Initial/Date
COMMITTEE RECOMMENDATION: n/a
PROPOSED COUNCIL MOTION: "I move to authorize staff to award the 2017 -2018 Right -of -Way Landscape
Maintenance Contract to Macmor, Inc., the lowest responsive, responsible bidder, in the amount of $401,1 55.00 and
authorize the Mayor to execute the contract."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED /DEFERRED /NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED— 1/2015
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: June 20, 2017
TO: City Council
VIA: Jim Ferrell, Mayor
FROM Marwan Salloum, P.E., Public Works Director \)
Desiree S. Winkler, P.E., Deputy Public Works Director / Street Systems Manager
SUBJECT: 2017 -2018 Right -of -Way Landscape Maintenance Contract — Bid Award
BACKGROUND
The current landscape contractor, SMS — Superior Maintenance Solutions, LLC (SMS),
terminated their contract effective June 12, 2017 requiring the city to find another contractor to
complete work for the 2017 -2018 biennium.
Three bids were received and opened on June 7, 2017 for the 2017 -2018 Right -of -Way
Landscape Maintenance Contract. Please see attached Bid Tabulation Summary. The lowest
responsive, responsible bidder is Macmor, Inc. with a total bid, for twelve months of work, of
$264,610.00. The City noted its intentions to award the contract for work performed between
July 1, 2017 and December 31, 2018. The total proposed award amount is $401,155.00 as
detailed below.
ESTIMATED EXPENDITURES
Landscaping, Garbage /Recycle, and Litter Pick -up work - July 1, 2017 through Dec 31, 2017 $136,545.00
Landscaping, Garbage /Recycle, and Litter Pick -up work - Jan 1, 2018 through Dec 31, 2018 $264,610.00
TOTAL AWARD (July 1, 2017 through Dec 31, 2018) $401,155.00
The amount available in the 2017 and 2018 budget for this contract is $430,000.00.
Macmor, Inc. is out of Puyallup, WA and has been performing as a subcontractor under SMS for
the past four weeks. Macmor, Inc. has proven to have the people and equipment resources
available to handle a contract of this size and we have been satisfied with their quality of work.
In addition, we met with company representatives to review specific contract requirements and
they are confident they will be able to perform the work to our satisfaction.
City of Federal Way
2017 -2018 ROW Landscape Maintenance
RFB No. 17 -006
Bid Tabulation
BID OPENING DATE June 7, 2017
Vendor Name - - ->
Location >
Bid 1
Macmor Inc.
Puyallup, WA
Bid 2
Avalon Contracting, Inc.
Tacoma, WA
Bid 3
Osaka Garden, Inc.
Federal Way, WA
I
Month
Base Bid
Quantity
Price Total
Price
Total
Price
Total
Project #1 S 288th St - I -5 to SR 99
January
2
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$60.00
$90.00
$240.00
$300.00
$420.00
$360.00
$390.00
$360.00
$360.00
$180.00
$150.00
$60.00
$56.94
$56.94
$56.94
$56.94
$56.94
$56.94
$56.94
$56.94
$56.94
$56.94
$56.94
$56.94
$113.88
$170.82
$455.52
$569.40
$797.16
$683.28
$740.22
$683.28
$683.28
$341.64
$284.70
$113.88
$89.00
$89.00
$89.00
$89.00
$89.00
$89.00
$89.00
$89.00
$89.00
$89.00
$89.00
$89.00
$178.00
$267.00
$712.00
$890.00
$1,246.00
$1,068.00
$1,157.00
$1,068.00
$1,068.00
$534.00
$445.00
$178.00
February
3
March
8
April
10
May
14
June
12
July
13
August
12
September
12
October
6
November
5
December
2
Subtotal Project 1
$2,970.00
$5,637.06
$8,811.00'
Project #2 S 312th St - SR 99 to 1st Ave S
$28.00
$28.00
$28.00
$28.00
$28.00
$28.00
$28.00
$28.00
$28.00
$28.00
$28.00
$28.00
$56.00
$84.00
$224.00
$280.00
$392.00
$336.00
$364.00
$336.00
$336.00
$196.00
$140.00
$56.00
$45.96
$45.96
$45.96
$45.96
$45.96
$45.96
$45.96
$45.96
$45.96
$45.96
$45.96
$45.96
$91.92
$137.88
$367.68
$459.60
$643.44
$551.52
$597.48
$551.52
$551.52
$321.72
$229.80
$91.92
$47.00
$47.00
$47.00
$47.00
$47.00
$47.00
$47.00
$47.00
$47.00
$47.00
$47.00
$47.00
$94.00
$141.00
$376.00
$470.00
$658.00
$564.00
$611.00
$564.00
$564.00
$329.00
$235.00
$94.00
January
2
February
3
March
8
April
10
May
14
June
12
July
13
August
12
September
12
October
7
November
5
December
2
Subtotal Project 2
r
$2,800.00
$4,596.00
$4,700.00
Project #3 S 312th St - SR 99 to 24th Ave S
$32.00
$32.00
$32.00
$32.00
$32.00
$32.00
$32.00
$32.00
$32.00
$32.00
$32.00
$32.00
$32.00
$32.00
$96.00
$128.00
$128.00
$128.00
$128.00
$96.00
$96.00
$96.00
$128.00
$32.00
$77.95
$77.95
$77.95
$77.95
$77.95
$77.95
$77.95
$77.95
$77.95
$77.95
$77.95
$77.95
$77.95
$77.95
$233.85
$311.80
$311.80
$311.80
$311.80
$233.85
$233.85
$233.85
$311.80
$77.95
$77.00
$77.00
$77.00
$77.00
$77.00
$77.00
$77.00
$77.00
$77.00
$77.00
$77.00
$77.00
$77.00
$77.00
$231.00
$308.00
$308.00
$308.00
$308.00
$231.00
$231.00
$231.00
$308.00
$77.00
January
1
February
1
March
3
April
4
May
4
June
4
July
4
August
3
September
3
October
3
November
4
December
1
Subtotal Project 3
$1,120.00
$2,728.25
$2,695.00
Project #3A S 312th St - 24th to 28th
$28.00
$28.00
$28.00
$28.00
$28.00
$28.00
$28.00
$28.00
$28.00
$28.00
$28.00
$28.00
$56.00
$112.00
$280.00
$364.00
$448.00
$448.00
$448.00
$420.00
$392.00
$280.00
$224.00
$56.00
$21.65
$21.65
$21.65
$21.65
$21.65
$21.65
$21.65
$21.65
$21.65
$21.65
$21.65
$21.65
$43.30
$86.60
$216.50
$281.45
$346.40
$346.40
$346.40
$324.75
$303.10
$216.50
$173.20
$43.30
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$60.00
$120.00
$300.00
$390.00
$480.00
$480.00
$480.00
$450.00
$420.00
$300.00
$240.00
$60.00
January
2
February
4
March
10
April
13
May
16
June
16
July
16
August
15
September
14
October
10
November
8
December
2
Subtotal Project 3A
$3,528.00
$2,727.90
$3,780.00
City of Federal Way
2017 ROW Landscape Maintenance
RFB #16 -009 - BID TABS
1
City of Federal Way
2017 -2018 ROW Landscape Maintenance
RFB No. 17 -006
Bid Tabulation
BID OPENING DATE June 7, 2017
Vendor Name - - ->
Location >
Bid 1
Macmor Inc.
Puyallup, WA
Bid 2
Avalon Contracting, Inc.
Tacoma, WA
Bid 3
Osaka Garden, Inc.
Federal Way, WA
Month
Quantity
Price Total
$210.00 $420.00
$210.00 $630.00
$210.00 $1,680.00
$210.00 $2,310.00
$210.00 $2,940.00
$210.00 $2,730.00
$210.00 $2,940.00
$210.00 $2,730.00
$210.00 $2,520.00
$210.00 $1,680.00
$210.00 $1,260.00
$210.00 $420.00
Price
$66.55
$66.55
$66.55
$66.55
$66.55
$66.55
$66.55
$66.55
$66.55
$66.55
$66.55
$66.55
Total
$133.10
$199.65
$532.40
$732.05
$931.70
$865.15
$931.70
$865.15
$798.60
$532.40
$399.30
$133.10
Price
$421.00
$421.00
$421.00
$421.00
$421.00
$421.00
$421.00
$421.00
$421.00
$421.00
$421.00
$421.00
Total
$842.00
$1,263.00
$3,368.00
$4,631.00
$5,894.00
$5,473.00
$5,894.00
$5,473.00
$5,052.00
$3,368.00
$2,526.00
$842.00
Project #4 SW 320th St - 11 PI S to 47 Ave S
January
2
February
3
March
8
April
11
May
14
June
13
July
14
August
13
September
12
October
8
November
6
December
2
Subtotal Project 4
[
$22,260.00
$7,054.30
$44,626.00
Project #5 S 320th St - 11th PI S to 1 -5
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$48.00
$72.00
$192.00
$216.00
$312.00
$288.00
$288.00
$264.00
$240.00
$168.00
$144.00
$48.00
$85.54
$85.54
$85.54
$85.54
$85.54
$85.54
$85.54
$85.54
$85.54
$85.54
$85.54
$85.54
$171.08
$256.62
$684.32
$769.86
$1,112.02
$1,026.48
$1,026.48
$940.94
$855.40
$598.78
$513.24
$171.08
$68.00
$68.00
$68.00
$68.00
$68.00
$68.00
$68.00
$68.00
$68.00
$68.00
$68.00
$68.00
$136.00
$204.00
$544.00
$612.00
$884.00
$816.00
$816.00
$748.00
$680.00
$476.00
$408.00
$136.00
January
2
February
3
March
8
April
9
May
13
June
12
July
12
August
11
September
10
October
7
November
6
December
2
Subtotal Project 5
$2,280.00
$8,126.30
$6,460.00
Project #6 S 320th St - 1 -5 to Weyerhaeuser
January
2
$22.00
$22.00
$22.00
$22.00
$22.00
$22.00
$22.00
$22.00
$22.00
$22.00
$22.00
$22.00
$44.00
$66.00
$154.00
$220.00
$286.00
$264.00
$286.00
$264.00
$264.00
$198.00
$110.00
$44.00
$48.72
$48.72
$48.72
$48.72
$48.72
$48.72
$48.72
$48.72
$48.72
$48.72
$48.72
$48.72
$97.44
$146.16
$341.04
$487.20
$633.36
$584.64
$633.36
$584.64
$584.64
$438.48
$243.60
$97.44
$38.00
$38.00
$38.00
$38.00
$38.00
$38.00
$38.00
$38.00
$38.00
$38.00
$38.00
$38.00
$76.00
$114.00
$266.00
$380.00
$494.00
$456.00
$494.00
$456.00
$456.00
$342.00
$190.00
$76.00
February
3
March
7
April
10
May
13
June
12
July
13
August
12
September
12
October
9
November
5
December
2
Subtotal Project 6
$2,200.00
$4,872.00
$3,800.00
Project #7 S 324th St - 11 PI S to 18 Ave S
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$105.00
$140.00
$140.00
$140.00
$140.00
$105.00
$105.00
$105.00
$140.00
$35.00
$139.33
$139.33
$139.33
$139.33
$139.33
$139.33
$139.33
$139.33
$139.33
$139.33
$139.33
$139.33
$139.33
$139.33
$417.99
$557.32
$557.32
$557.32
$557.32
$417.99
$417.99
$417.99
$557.32
$139.33
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$285.00
$380.00
$380.00
$380.00
$380.00
$285.00
$285.00
$285.00
$380.00
$95.00
January
1
February
1
March
3
April
4
May
4
June
4
July
4
August
3
September
3
October
3
November
4
December
1
Subtotal Project 7
$1,225.00
$4,876.55
$3,325.00
City of Federal Way
2017 ROW Landscape Maintenance
RFB #16 -009 - BID TABS
2
City of Federal Way
2017 -2018 ROW Landscape Maintenance
RFB No. 17 -006
Bid Tabulation
BID OPENING DATE June 7, 2017
Vendor Name - - ->
Location >
Bid 1
Macmor Inc.
Puyallup, WA
Bid 2
Avalon Contracting, Inc.
Tacoma, WA
Bid 3
Osaka Garden, Inc.
Federal Way, WA
Month
Quantity
Price Total
$45.00 $90.00
$45.00 $225.00
$45.00 $450.00
$45.00 $630.00
$45.00 $765.00
$45.00 $765.00
$45.00 $765.00
$45.00 $720.00
$45.00 $675.00
$45.00 $495.00
$45.00 $405.00
$45.00 $90.00
Price
$88.81
$88.81
$88.81
$88.81
$88.81
$88.81
$88.81
$88.81
$88.81
$88.81
$88.81
$88.81
Total
$177.62
$444.05
$888.10
$1,243.34
$1,509.77
$1,509.77
$1,509.77
$1,420.96
$1,332.15
$976.91
$799.29
$177.62
Price
$96.00
$96.00
$96.00
$96.00
$96.00
$96.00
$96.00
$96.00
$96.00
$96.00
$96.00
$96.00
Total
$192.00
$480.00
$960.00
$1,344.00
$1,632.00
$1,632.00
$1,632.00
$1,536.00
$1,440.00
$1,056.00
$864.00
$192.00
Project #8 S 336th St -1-5 to 1st Ave S
January
2
February
5
March
10
April
14
May
17
June
17
July
17
August
16
September
15
October
11
November
9
December
2
Subtotal Project 8
$6,075.00
$11,989.35
$12,960.00
Project #9 S 342nd St (Library Lane)
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$72.00
$96.00
$120.00
$96.00
$120.00
$72.00
$96.00
$72.00
$120.00
$24.00
$55.75
$55.75
$55.75
$55.75
$55.75
$55.75
$55.75
$55.75
$55.75
$55.75
$55.75
$55.75
$55.75
$55.75
$167.25
$223.00
$278.75
$223.00
$278.75
$167.25
$223.00
$167.25
$278.75
$55.75
$69.00
$69.00
$69.00
$69.00
$69.00
$69.00
$69.00
$69.00
$69.00
$69.00
$69.00
$69.00
$69.00
$69.00
$207.00
$276.00
$345.00
$276.00
$345.00
$207.00
$276.00
$207.00
$345.00
$69.00
January
1
February
1
March
3
April
4
May
5
June
4
July
5
August
3
September
4
October
3
November
5
December
1
Subtotal Project 9
$936.00
$2,174.25
$2,691.00
Project #10 S 348th St - 16 Ave S to Hoyt
$210.00
$210.00
$210.00
$210.00
$210.00
$210.00
$210.00
$210.00
$210.00
$210.00
$210.00
$210.00
$630.00
$1,050.00
$2,100.00
$2,940.00
$3,570.00
$3,570.00
$3,570.00
$3,360.00
$3,150.00
$2,310.00
$1,890.00
$630.00
$237.61
$237.61
$237.61
$237.61
$237.61
$237.61
$237.61
$237.61
$237.61
$237.61
$237.61
$237.61
$712.83
$1,188.05
$2,376.10
$3,326.54
$4,039.37
$4,039.37
$4,039.37
$3,801.76
$3,564.15
$2,613.71
$2,138.49
$712.83
$317.00
$317.00
$317.00
$317.00
$317.00
$317.00
$317.00
$317.00
$317.00
$317.00
$317.00
$317.00
$951.00
$1,585.00
$3,170.00
$4,438.00
$5,389.00
$5,389.00
$5,389.00
$5,072.00
$4,755.00
$3,487.00
$2,853.00
$951.00
January
3
February
5
March
10
April
14
May
17
June
17
July
17
August
16
September
15
October
11
November
9
December
3
Subtotal Project 10
$28,770.00
$32,552.57
$43,429.00
Project #11 SW 356th St - 1st Ave S to 21st SW
January
2
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$60.00
$90.00
$240.00
$300.00
$360.00
$360.00
$420.00
$360.00
$360.00
$210.00
$180.00
$60.00
$71.01
$71.01
$71.01
$71.01
$71.01
$71.01
$71.01
$71.01
$71.01
$71.01
$71.01
$71.01
$142.02
$213.03
$568.08
$710.10
$852.12
$852.12
$994.14
$852.12
$852.12
$497.07
$426.06
$142.02
$84.00
$84.00
$84.00
$84.00
$84.00
$84.00
$84.00
$84.00
$84.00
$84.00
$84.00
$84.00
$168.00
$252.00
$672.00
$840.00
$1,008.00
$1,008.00
$1,176.00
$1,008.00
$1,008.00
$588.00
$504.00
$168.00
February
3
March
8
April
10
May
12
June
12
July
14
August
12
September
12
October
7
November
6
December
2
Subtotal Project 11
$3,000.00
$7,101.00
$8,400.00
City of Federal Way
2017 ROW Landscape Maintenance
RFB #16 -009 - BID TABS
3
City of Federal Way
2017 -2018 ROW Landscape Maintenance
RFB No. 17 -006
Bid Tabulation
BID OPENING DATE June 7, 2017
Vendor Name - - ->
Location >
Bid 1
Macmor Inc.
Puyallup, WA
Bid 2
Avalon Contracting, Inc.
Tacoma, WA
Bid 3
Osaka Garden, Inc.
Federal Way, WA
Month
Quantity
Price Total
$24.00 $24.00
$24.00 $24.00
$24.00 $72.00
$24.00 $96.00
$24.00 $96.00
$24.00 $96.00
$24.00 $96.00
$24.00 $72.00
$24.00 $72.00
$24.00 $72.00
$24.00 $96.00
$24.00 $24.00
Price
$92.47
$92.47
$92.47
$92.47
$92.47
$92.47
$92.47
$92.47
$92.47
$92.47
$92.47
$92.47
Total
$92.47
$92.47
$277.41
$369.88
$369.88
$369.88
$369.88
$277.41
$277.41
$277.41
$369.88
$92.47
Price
$275.00
$275.00
$275.00
$275.00
$275.00
$275.00
$275.00
$275.00
$275.00
$275.00
$275.00
$275.00
Total
$275.00
$275.00
$825.00
$1,100.00
$1,100.00
$1,100.00
$1,100.00
$825.00
$825.00
$825.00
$1,100.00
$275.00
Project #12 23rd Ave S - S 316 to S 324
January
1
February
1
March
3
April
4
May
4
June
4
July
4
August
3
September
3
October
3
November
4
December
1
Subtotal Project 12
$840.00
$3,236.45
$9,625.00
Project #13 16th Ave S /Ench Pkwy - SR 99 to S 356
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$24.00
$48.00
$96.00
$216.00
$264.00
$336.00
$336.00
$336.00
$312.00
$312.00
$264.00
$216.00
$48.00
$214.73
$214.73
$214.73
$214.73
$214.73
$214.73
$214.73
$214.73
$214.73
$214.73
$214.73
$214.73
$429.46
$858.92
$1,932.57
$2,362.03
$3,006.22
$3,006.22
$3,006.22
$2,791.49
$2,791.49
$2,362.03
$1,932.57
$429.46
$103.00
$103.00
$103.00
$103.00
$103.00
$103.00
$103.00
$103.00
$103.00
$103.00
$103.00
$103.00
$206.00
$412.00
$927.00
$1,133.00
$1,442.00
$1,442.00
$1,442.00
$1,339.00
$1,339.00
$1,133.00
$927.00
$206.00
January
2
February
4
March
9
April
11
May
14
June
14
July
14
August
13
September
13
October
11
November
9
December
2
Subtotal Project 13
$2,784.00
$24,908.68
$11,948.00
Project #14 SR -99 - S 272 to S 283
$75.00
$75.00
$75.00
$75.00
$75.00
$75.00
$75.00
$75.00
$75.00
$75.00
$75.00
$75.00
$150.00
$525.00
$600.00
$825.00
$1,125.00
$975.00
$1,050.00
$1,050.00
$975.00
$825.00
$675.00
$150.00
$133.55
$133.55
$133.55
$133.55
$133.55
$133.55
$133.55
$133.55
$133.55
$133.55
$133.55
$133.55
$267.10
$934.85
$1,068.40
$1,469.05
$2,003.25
$1,736.15
$1,869.70
$1,869.70
$1,736.15
$1,469.05
$1,201.95
$267.10
$134.00
$134.00
$134.00
$134.00
$134.00
$134.00
$134.00
$134.00
$134.00
$134.00
$134.00
$134.00
$268.00
$938.00
$1,072.00
$1,474.00
$2,010.00
$1,742.00
$1,876.00
$1,876.00
$1,742.00
$1,474.00
$1,206.00
$268.00
January
2
February
7
March
8
April
11
May
15
June
13
July
14
August
14
September
13
October
11
November
9
December
2
Subtotal Project 14
$8,925.00
$15,892.45
$15,946.00
Project #15 SR -99 - S 283 to 18 Ave S
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$190.00
$665.00
$760.00
$1,045.00
$1,425.00
$1,235.00
$1,330.00
$1,330.00
$1,235.00
$1,045.00
$855.00
$190.00
$162.00
$162.00
$162.00
$162.00
$162.00
$162.00
$162.00
$162.00
$162.00
$162.00
$162.00
$162.00
$324.00
$1,134.00
$1,296.00
$1,782.00
$2,430.00
$2,106.00
$2,268.00
$2,268.00
$2,106.00
$1,782.00
$1,458.00
$324.00
$132.00
$132.00
$132.00
$132.00
$132.00
$132.00
$132.00
$132.00
$132.00
$132.00
$132.00
$132.00
$264.00
$924.00
$1,056.00
$1,452.00
$1,980.00
$1,716.00
$1,848.00
$1,848.00
$1,716.00
$1,452.00
$1,188.00
$264.00
January
2
February
7
March
8
April
11
May
15
June
13
July
14
August
14
September
13
October
11
November
9
December
2
Subtotal Project 15
$11,305.00
$19,278.00
$15,708.00
City of Federal Way
2017 ROW Landscape Maintenance
RFB #16 -009 - BID TABS
4
City of Federal Way
2017 -2018 ROW Landscape Maintenance
RFB No. 17 -006
Bid Tabulation
BID OPENING DATE June 7, 2017
Vendor Name - - ->
Location >
Bid 1
Macmor Inc.
Puyallup, WA
Bid 2
Avalon Contracting, Inc.
Tacoma, WA
Bid 3
Osaka Garden, Inc.
Federal Way, WA
Project #16 SR -99 18
Month
Ave S to S 310
Quantity
Price Total
Price
Total
Price
Total
January
2
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$190.00
$665.00
$760.00
$1,045.00
$1,425.00
$1,235.00
$1,330.00
$1,330.00
$1,235.00
$1,045.00
$855.00
$190.00
$141.58
$141.58
$141.58
$141.58
$141.58
$141.58
$141.58
$141.58
$141.58
$141.58
$141.58
$141.58
$283.16
$991.06
$1,132.64
$1,557.38
$2,123.70
$1,840.54
$1,982.12
$1,982.12
$1,840.54
$1,557.38
$1,274.22
$283.16
$143.00
$143.00
$143.00
$143.00
$143.00
$143.00
$143.00
$143.00
$143.00
$143.00
$143.00
$143.00
$286.00
$1,001.00
$1,144.00
$1,573.00
$2,145.00
$1,859.00
$2,002.00
$2,002.00
$1,859.00
$1,573.00
$1,287.00
$286.00
February
7
March
8
April
11
May
15
June
13
July
14
August
14
September
13
October
11
November
9
December
2
Subtotal Project 16
-1
$11,305.00
$16,848.02
$17,017.00
Project #17 SR -99 S
310 to S 324
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$190.00
$665.00
$760.00
$1,045.00
$1,425.00
$1,235.00
$1,330.00
$1,330.00
$1,235.00
$1,045.00
$855.00
$190.00
$155.64
$155.64
$155.64
$155.64
$155.64
$155.64
$155.64
$155.64
$155.64
$155.64
$155.64
$155.64
$311.28
$1,089.48
$1,245.12
$1,712.04
$2,334.60
$2,023.32
$2,178.96
$2,178.96
$2,023.32
$1,712.04
$1,400.76
$311.28
$138.00
$138.00
$138.00
$138.00
$138.00
$138.00
$138.00
$138.00
$138.00
$138.00
$138.00
$138.00
$276.00
$966.00
$1,104.00
$1,518.00
$2,070.00
$1,794.00
$1,932.00
$1,932.00
$1,794.00
$1,518.00
$1,242.00
$276.00
January
2
February
7
March
8
April
11
May
15
June
13
July
14
August
14
September
13
October
11
November
9
December
2
Subtotal Project 17
$11,305.00
$18,521.16
$16,422.00
Project #18 SR -99 -
S 324 to S 340
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$95.00
$190.00
$665.00
$760.00
$1,045.00
$1,425.00
$1,235.00
$1,520.00
$1,330.00
$1,235.00
$1,045.00
$855.00
$190.00
$224.57
$224.57
$224.57
$224.57
$224.57
$224.57
$224.57
$224.57
$224.57
$224.57
$224.57
$224.57
$449.14
$1,571.99
$1,796.56
$2,470.27
$3,368.55
$2,919.41
$3,593.12
$3,143.98
$2,919.41
$2,470.27
$2,021.13
$449.14
$139.00
$139.00
$139.00
$139.00
$139.00
$139.00
$139.00
$139.00
$139.00
$139.00
$139.00
$139.00
$278.00
$973.00
$1,112.00
$1,529.00
$2,085.00
$1,807.00
$2,224.00
$1,946.00
$1,807.00
$1,529.00
$1,251.00
$278.00
January
2
February
7
March
8
April
11
May
15
June
13
July
16
August
14
September
13
October
11
November
9
December
2
Subtotal Project 18
$11,495.00
$27,172.97
$16,819.00
Project #19 SR -99 -
S 348 to S 356
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$70.00
$210.00
$245.00
$385.00
$315.00
$385.00
$315.00
$350.00
$245.00
$140.00
$35.00
$52.43
$52.43
$52.43
$52.43
$52.43
$52.43
$52.43
$52.43
$52.43
$52.43
$52.43
$52.43
$52.43
$104.86
$314.58
$367.01
$576.73
$471.87
$576.73
$471.87
$524.30
$367.01
$209.72
$52.43
$78.00
$78.00
$78.00
$78.00
$78.00
$78.00
$78.00
$78.00
$78.00
$78.00
$78.00
$78.00
$78.00
$156.00
$468.00
$546.00
$858.00
$702.00
$858.00
$702.00
$780.00
$546.00
$312.00
$78.00
January
1
February
2
March
6
April
7
May
11
June
9
July
11
August
9
September
10
October
7
November
4
December
1
Subtotal Project 19
$2,730.00
$4,089.54
$6,084.00
City of Federal Way
2017 ROW Landscape Maintenance
RFB #16 -009 - BID TABS
5
City of Federal Way
2017 -2018 ROW Landscape Maintenance
RFB No. 17 -006
Bid Tabulation
BID OPENING DATE June 7, 2017
Vendor Name - - ->
Location >
Bid 1
Macmor Inc.
Puyallup, WA
Bid 2
Avalon Contracting, Inc.
Tacoma, WA
Bid 3
Osaka Garden, Inc.
Federal Way, WA
Month
Quantity
Price Total
$98.00 $294.00
$98.00 $490.00
$98.00 $980.00
$98.00 $1,372.00
$98.00 $1,470.00
$98.00 $1,666.00
$98.00 $1,666.00
$98.00 $1,568.00
$98.00 $1,470.00
$98.00 $1,078.00
$98.00 $882.00
$98.00 $294.00
Price
$261.77
$261.77
$261.77
$261.77
$261.77
$261.77
$261.77
$261.77
$261.77
$261.77
$261.77
$261.77
Total
$785.31
$1,308.85
$2,617.70
$3,664.78
$3,926.55
$4,450.09
$4,450.09
$4,188.32
$3,926.55
$2,879.47
$2,355.93
$785.31
Price
$191.00
$191.00
$191.00
$191.00
$191.00
$191.00
$191.00
$191.00
$191.00
$191.00
$191.00
$191.00
Total
$573.00
$955.00
$1,910.00
$2,674.00
$2,865.00
$3,247.00
$3,247.00
$3,056.00
$2,865.00
$2,101.00
$1,719.00
$573.00
Project #20 1st Way S - S 356 to S 312
January
3
February
5
March
10
April
14
May
15
June
17
July
17
August
16
September
15
October
11
November
9
December
3
Subtotal Project 20
$13,230.00
$35,338.95
$25,785.00
Project #21 21st Ave SW - SW 356 to SW 312
January
2
$225.00
$225.00
$225.00
$225.00
$225.00
$225.00
$225.00
$225.00
$225.00
$225.00
$225.00
$225.00
$450.00
$675.00
$1,800.00
$2,475.00
$3,375.00
$2,925.00
$3,375.00
$2,925.00
$2,925.00
$1,800.00
$1,575.00
$450.00
$289.27
$289.27
$289.27
$289.27
$289.27
$289.27
$289.27
$289.27
$289.27
$289.27
$289.27
$289.27
$578.54
$867.81
$2,314.16
$3,181.97
$4,339.05
$3,760.51
$4,339.05
$3,760.51
$3,760.51
$2,314.16
$2,024.89
$578.54
$294.00
$294.00
$294.00
$294.00
$294.00
$294.00
$294.00
$294.00
$294.00
$294.00
$294.00
$294.00
$588.00
$882.00
$2,352.00
$3,234.00
$4,410.00
$3,822.00
$4,410.00
$3,822.00
$3,822.00
$2,352.00
$2,058.00
$588.00
February
3
March
8
April
11
May
15
June
13
July
15
August
13
September
13
October
8
November
7
December
2
Subtotal Project 21
$24,750.00
$31,819.70
$32,340.00
Project #22 21st Ave S - S 320 to S 316
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
$150.00
$200.00
$200.00
$200.00
$200.00
$150.00
$150.00
$150.00
$200.00
$50.00
$96.40
$96.40
$96.40
$96.40
$96.40
$96.40
$96.40
$96.40
$96.40
$96.40
$96.40
$96.40
$96.40
$96.40
$289.20
$385.60
$385.60
$385.60
$385.60
$289.20
$289.20
$289.20
$385.60
$96.40
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$375.00
$500.00
$500.00
$500.00
$500.00
$375.00
$375.00
$375.00
$500.00
$125.00
January
1
February
1
March
3
April
4
May
4
June
4
July
4
August
3
September
3
October
3
November
4
December
1
Subtotal Project 22
$1,750.001
$3,374.00
$4,375.00
Project #23 S 317th St - 28 Ave S & Roundabout
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$50.00
$75.00
$200.00
$225.00
$250.00
$325.00
$300.00
$300.00
$300.00
$225.00
$175.00
$50.00
$53.19
$53.19
$53.19
$53.19
$53.19
$53.19
$53.19
$53.19
$53.19
$53.19
$53.19
$53.19
$106.38
$159.57
$425.52
$478.71
$531.90
$691.47
$638.28
$638.28
$638.28
$478.71
$372.33
$106.38
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$120.00
$180.00
$480.00
$540.00
$600.00
$780.00
$720.00
$720.00
$720.00
$540.00
$420.00
$120.00
January
2
February
3
March
8
April
9
May
10
June
13
July
12
August
12
September
12
October
9
November
7
December
2
Subtotal Project 23
$2,475.00
$5,265.81
$5,940.00
City of Federal Way
2017 ROW Landscape Maintenance
RFB #16 -009 - BID TABS
6
City of Federal Way
2017 -2018 ROW Landscape Maintenance
RFB No. 17 -006
Bid Tabulation
BID OPENING DATE June 7, 2017
Vendor Name - - ->
Location >
Bid 1
Macmor Inc.
Puyallup, WA
Bid 2
Avalon Contracting, Inc.
Tacoma, WA
Bid 3
Osaka Garden, Inc.
Federal Way, WA
Month
Quantity
Price Total
$40.00 $80.00
$40.00 $120.00
$40.00 $320.00
$40.00 $360.00
$40.00 $480.00
$40.00 $520.00
$40.00 $480.00
$40.00 $480.00
$40.00 $480.00
$40.00 $360.00
$40.00 $280.00
$40.00 $80.00
Price
$53.72
$53.72
$53.72
$53.72
$53.72
$53.72
$53.72
$53.72
$53.72
$53.72
$53.72
$53.72
Total
$107.44
$161.16
$429.76
$483.48
$644.64
$698.36
$644.64
$644.64
$644.64
$483.48
$376.04
$107.44
Price
$84.00
$84.00
$84.00
$84.00
$84.00
$84.00
$84.00
$84.00
$84.00
$84.00
$84.00
$84.00
Total
$168.00
$252.00
$672.00
$756.00
$1,008.00
$1,092.00
$1,008.00
$1,008.00
$1,008.00
$756.00
$588.00
$168.00
Project #24 S 333rd SUS 332nd St - Roundabout to 13 PI S
January
2
February
3
March
8
April
9
May
12
June
13
July
12
August
12
September
12
October
9
November
7
December
2
Subtotal Project 24
$4,040.00
$5,425.72
$8,484.00
Project #25 Roundabout - S 334th at 38th S
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$0.00
$25.00
$50.00
$50.00
$50.00
$100.00
$50.00
$75.00
$50.00
$50.00
$50.00
$0.00
$64.89
$64.89
$64.89
$64.89
$64.89
$64.89
$64.89
$64.89
$64.89
$64.89
$64.89
$64.89
$0.00
$64.89
$129.78
$129.78
$129.78
$259.56
$129.78
$194.67
$129.78
$129.78
$129.78
$0.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$45.00
$0.00
$45.00
$90.00
$90.00
$90.00
$180.00
$90.00
$135.00
$90.00
$90.00
$90.00
$0.00
January
0
February
1
March
2
April
2
May
2
June
4
July
2
August
3
September
2
October
2
November
2
December
0
Subtotal Project 25
$550.00
$1,427.58
$990.00
Project #26 13 PI S / S 330th St - S 324 to SR 99
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$60.00
$90.00
$240.00
$270.00
$390.00
$390.00
$390.00
$360.00
$360.00
$270.00
$210.00
$60.00
$54.84
$54.84
$54.84
$54.84
$54.84
$54.84
$54.84
$54.84
$54.84
$54.84
$54.84
$54.84
$109.68
$164.52
$438.72
$493.56
$712.92
$712.92
$712.92
$658.08
$658.08
$493.56
$383.88
$109.68
$68.00
$68.00
$68.00
$68.00
$68.00
$68.00
$68.00
$68.00
$68.00
$68.00
$68.00
$68.00
$136.00
$204.00
$544.00
$612.00
$884.00
$884.00
$884.00
$816.00
$816.00
$612.00
$476.00
$136.00
January
2
February
3
March
8
April
9
May
13
June
13
July
13
August
12
September
12
October
9
November
7
December
2
Subtotal Project 26
$3,090.00
$5,648.52
$7,004.00
Project #27 Irrigation System
January
0
$0.00
$0.00
$0.00
$75.00
$20.00
$20.00
$20.00
$20.00
$20.00
$20.00
$0.00
$0.00
$0.00
$0.00
$0.00
$2,850.00
$760.00
$760.00
$760.00
$760.00
$760.00
$760.00
$0.00
$0.00
$0.00
$0.00
$0.00
$59.79
$59.79
$59.79
$59.79
$59.79
$59.79
$59.79
$0.00
$0.00
$0.00
$0.00
$0.00
$2,272.02
$2,272.02
$2,272.02
$2,272.02
$2,272.02
$2,272.02
$2,272.02
$0.00
$0.00
$0.00
$0.00
$0.00
$95.00
$45.00
$45.00
$45.00
$45.00
$45.00
$50.00
$0.00
$0.00
$0.00
$0.00
$0.00
$3,610.00
$1,710.00
$1,710.00
$1,710.00
$1,710.00
$1,710.00
$1,900.00
$0.00
$0.00
February
0
March
0
April
38
May
38
June
38
July
38
August
38
September
38
October
38
November
0
December
0
Subtotal Project 27
$7,410.00
$15,904.14
$14,060.00
City of Federal Way
2017 ROW Landscape Maintenance
RFB #16 -009 - BID TABS
7
City of Federal Way
2017 -2018 ROW Landscape Maintenance
RFB No. 17 -006
Bid Tabulation
BID OPENING DATE June 7, 2017
Vendor Name - - ->
Location >
Bid 1
Macmor Inc.
Puyallup, WA
Bid 2
Avalon Contracting, Inc.
Tacoma, WA
Bid 3
Osaka Garden, Inc.
Federal Way, WA
Month
Project #30 S 352nd - Pac Hwy to Enchanted Pkwy
Quantity
Price Total
Price
Total
Price
Total
January
2
$30.00 $60.00
$30.00 $90.00
$30.00 $240.00
$30.00 $270.00
$30.00 $390.00
$30.00 $390.00
$30.00 $390.00
$30.00 $360.00
$30.00 $360.00
$30.00 $270.00
$30.00 $210.00
$30.00 $60.00
$29.32
$29.32
$29.32
$29.32
$29.32
$29.32
$29.32
$29.32
$29.32
$29.32
$29.32
$29.32
$58.64
$87.96
$234.56
$263.88
$381.16
$381.16
$381.16
$351.84
$351.84
$263.88
$205.24
$58.64
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$70.00
$105.00
$280.00
$315.00
$455.00
$455.00
$455.00
$420.00
$420.00
$315.00
$245.00
$70.00
February
3
March
8
April
9
May
13
June
13
July
13
August
12
September
12
October
9
November
7
December
2
Subtotal Project 30
$3,090.00
$3,019.96
$3,605.00
Project #31 S 356th - Pac Hwy to Enchanted Pkwy
1
January
2
$30.00 $60.00
$30.00 $90.00
$30.00 $240.00
$30.00 $270.00
$30.00 $390.00
$30.00 $390.00
$30.00 $390.00
$30.00 $360.00
$30.00 $360.00
$30.00 $270.00
$30.00 $210.00
$30.00 $60.00
$17.37
$17.37
$17.37
$17.37
$17.37
$17.37
$17.37
$17.37
$17.37
$17.37
$17.37
$17.37
$34.74
$52.11
$138.96
$156.33
$225.81
$225.81
$225.81
$208.44
$208.44
$156.33
$121.59
$34.74
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$35.00
$70.00
$105.00
$280.00
$315.00
$455.00
$455.00
$455.00
$420.00
$420.00
$315.00
$245.00
$70.00
February
3
March
8
April
9
May
13
June
13
July
13
August
12
September
12
October
9
November
7
December
2
Subtotal Project 31
$3,090.00
$1,789.11
$3,605.00
Monthly Totals
January
$3,676.00
$7,590.00
$14,191.00
$21,876.00
$25,278.00
$23,813.00
$25,237.00
$23,494.00
$22,458.00
$16,809.00
$13,230.00
$3,676.00
$6,042.39
$12,856.79
$23,330.47
$33,271.43
$41,775.57
$39,861.74
$41,990.87
$39,033.74
$37,497.76
$29,114.08
$22,579.06
$6,042.39
$6,719.00
$13,165.00
$25,782.00
$37,930.00
$45,385.00
$43,137.00
$45,443.00
$42,050.00
$40,343.00
$30,609.00
$24,152.00
$6,719.00
February
March
April
May
June
July
August
September
October
November
December
Subtotal Monthly Work $201,328.00
$333,396.29
$361,434.00
200 Extra Hours of Maintenance Labor 200 $43.91 $8,782.00
$54.21
$10,842.00
$30.00
$6,000.00
TOTAL Base Bid (Projects plus additional labor) 1 1 $210,110.00
$344,238.29
$367,434.00
City of Federal Way
2017 ROW Landscape Maintenance
RFB #16 -009 - BID TABS
8
City of Federal Way
2017 -2018 ROW Landscape Maintenance
RFB No. 17 -006
Bid Tabulation
BID OPENING DATE June 7, 2017
Vendor Name - - ->
Location >
Bid 1
Macmor Inc.
Puyallup, WA
Bid 2
Avalon Contracting, Inc.
Tacoma, WA
Bid 3
Osaka Garden, Inc.
Federal Way, WA
Month
Quantity
Price Total
Price Total
Price Total
ADDITIVE ALTERNATE #1
Project #28 Garbage and Recycling Pickup and Disposal
January
4
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$125.00
$500.00
$500.00
$625.00
$500.00
$625.00
$500.00
$500.00
$625.00
$500.00
$500.00
$625.00
$500.00
$1,300.00
$1,300.00
$1,300.00
$1,300.00
$1,300.00
$1,300.00
$1,300.00
$1,300.00
$1,300.00
$1,300.00
$1,300.00
$1,300.00
$5,200.00
$5,200.00
$6,500.00
$5,200.00
$6,500.00
$5,200.00
$5,200.00
$6,500.00
$5,200.00
$5,200.00
$6,500.00
$5,200.00
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
$1,200.00
$1,200.00
$1,500.00
$1,200.00
$1,500.00
$1,200.00
$1,200.00
$1,500.00
$1,200.00
$1,200.00
$1,500.00
$1,200.00
February
4
March
5
April
4
May
5
June
4
July
4
August
5
September
4
October
4
November
5
December
4
Subtotal Project 28
$6,500.00
$67,600.00
$15,600.00
Project #29 Litter Pickup and Disposal
January
2
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$2,000.00
$4,000.00
$4,000.00
$4,000.00
$4,000.00
$4,000.00
$4,000.00
$4,000.00
$4,000.00
$4,000.00
$4,000.00
$4,000.00
$4,000.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$2,070.00
$2,070.00
$2,070.00
$2,070.00
$2,070.00
$2,070.00
$2,070.00
$2,070.00
$2,070.00
$2,070.00
$2,070.00
$2,070.00
$4,140.00
$4,140.00
$4,140.00
$4,140.00
$4,140.00
$4,140.00
$4,140.00
$4,140.00
$4,140.00
$4,140.00
$4,140.00
$4,140.00
February
2
March
2
April
2
May
2
June
2
July
2
August
2
September
2
October
2
November
2
December
2
Subtotal Project 29
$48,000.00
$18,000.00
$49,680.00
TOTAL Additive Alternate #1 Bid
$54,500.00
$85,600.00
$65,280.00
ITOTAL Preference 1: Base Bid plus Additive Alternate #1 Bid $264,610.00
$429, 838.29
$432, 714.00
corrected math error
City of Federal Way
2017 ROW Landscape Maintenance
RFB #16 -009 - BID TABS
corrected math error
9
CITY OF FEDERAL WAY
MEMORANDUM
DATE: June 5, 2017
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Dave Van De Weghe, Senior Planner
SUBJECT: Ordinance No. Protection and Preservation of Landmarks
BACKGROUND:
The Planning Commission held study sessions on October 19, 2016 and December 7, 2016 to
discuss two options for establishing a historic preservation program:
1. The City should draft its own historic preservation ordinance and hire preservation staff, or
2. The City should enter into an interlocal agreement with King County for historic preservation
services and adopt King County's historic landmark designation ordinance by reference.
Commissioners preferred option #2 based upon the efficiencies of partnering with King County.
The proposed ordinance adopts the King County preservation ordinance by reference, with minor
changes. Following adoption of this ordinance, King County and the City will approve an
interlocal agreement.
The 2016 Planning Commission Work Programs lists the following discretionary action — "Adopt
an ordinance establishing a historic preservation program and request certification as a Certified
Local Government."
Historic preservation is accomplished through the official designation of historic landmarks by
the City. The City must first formalize the landmark designation process by adopting an
ordinance.
Certified Local Government (CLG)
CLG status helps a local government encourage, develop, and maintain its local preservation
efforts in coordination with its development plans. Benefits of CLG status include the following:
• Special grants from the State Historic Preservation Officer
• Local historic preservation expertise recognized by State and Federal agencies
• Technical assistance and training from the State Historic Preservation Office
• Participation in nominations to the National Register of Historic Places
• National historic preservation assistance network: publications, professional assistance
• Information exchange with the State Historic Preservation Office
• Participation in statewide preservation programs and planning
June 5, 2017
Land Use and Transportation Committee
Ordinance No. Protection and Preservation of Landmarks
Page 2
The following responsibilities are required of a CLG:
• Maintain a historic preservation commission
• Survey local historic properties
• Enforce State or local preservation laws
• Provide for public participation
• Other functions delegated or required by the State
By partnering with an existing CLG (King County), the City will be entitled to all the benefits of
CLG status upon adoption of a preservation ordinance and interlocal agreement.
Costs
The forthcoming interlocal agreement will specify the application fees King County charges to
review landmark nominations and certificate of appropriateness applications. If the City
establishes application fee rates that equal review costs, the program will be self - sufficient.
PROPOSED CODE AMENDMENT:
The proposed amendment adopts the King County preservation ordinance by reference, with
several minor edits, via a new chapter in the City zoning code. The major sections of the
ordinance are as follows.
1. Identify a historic preservation commission.
• City council will appoint one local citizen to serve on the nine - member King County
Landmarks Commission for a term length of five years.
2. Provide criteria for designating landmarks.
Must be at least 40 years old and:
• Is associated with historical events or significant historical persons; or
• Embodies distinctive characteristics of a period, style, design, etc.; or
• Yields historically important information; or
• Is an outstanding work of an important designer or builder.
3. Outline the process for nominating landmarks.
• Applicant provides written owner consent to nominate landmark.
• City accepts nomination applications and forwards them to King County preservation
staff for review, then recommendation to approve or disapprove is sent to the
Landmarks Commission.
• Landmarks Commission approves or disapproves nomination in a public hearing.
4. Provide a review process for approving alterations to designated landmarks.
• City accepts nomination applications and forwards them to King County preservation
staff for review.
• King County preservation staff approves minor alterations or makes recommendation
to approve or disapprove to Landmarks Commission for major alterations.
• Landmarks Commission approves or disapproves major alterations in a public
hearing.
June 5, 2017
Land Use and Transportation Committee
Ordinance No. Protection and Preservation of Landmarks
Page 3
5. Establish a special tax valuation
• The value of improvements to historic properties is exempt from property tax for 10
years.
TIMELINE:
The following is the anticipated timeline for completion of the code amendment:
SEPA Notice to Newspaper
4/14/2017
Issue SEPA Determination
4/14/2017
14 -Day Comment Period Ends
4/28/2017
Notice of Planning Commission Public Hearing
4/28/2017
Planning Commission Public Hearing
5/17/2017
21 -Day Appeal Period Ends
5/19/2017
Land Use /Transportation Committee Meeting
6/5/2017
City Council 1st Reading
6/20/2017
City Council 2nd Reading
7/5/2017
Notice in Newspaper
7/7/2017
Ordinance Effective
7/10/2017
Following adoption of this ordinance, the City will approve an interlocal agreement and forward
it to King County for their approval, expected in late 2017.
PUBLIC COMMENTS
At a Planning Commission public hearing held on May 17, 2017, the following public comments
were submitted via testimony:
Dana Halloway, Federal Way resident — She is in favor of the proposed ordinance. The city
incorporated in 1990 and it is time to have such an ordinance. Many of the historical properties
are on the verge of being lost. If we don't preserve our heritage, we will just be a bunch of strip
malls between Seattle and Tacoma. Our city is more than that.
Jerry Knutzen, Federal Way Historical Society Vice - President — He has lived in Federal Way
since 1947 (he remembers before it was called Federal Way). The historical society has been in
favor of such an ordinance for many years. He stated we need to maintain and retain our historical
places. Most of what we have are photographs, but there are some historic structures that need to
be saved. He lives in the Buenna area, which was platted as a city in 1895. He told the
Commissioners about a number of historic structures. He strongly encourages the passage of the
proposed ordinance.
Ron Smith, Federal Way resident — He stated his wife loves old things. About 30 years ago they
were looking for a place to live and came across this old house overlooking the water and his wife
commented she would love to live there. They purchased the house. As far as he knows, they
have the oldest intact house in the area and have been careful to maintain its integrity. The only
change to the outside is a recent deck. He is in favor of the proposed ordinance.
June 5, 2017
Land Use and Transportation Committee
Ordinance No. Protection and Preservation of Landmarks
Page 4
Doug Peffer, past president of the Federal Way Historical Society — He was involved with
moving the historical cabins and other projects. He is in favor of the proposed ordinance. He
questions dealing with King County because it could.leave open the possibility of certain
buildings be sold to a developer, who would not care about the historical value. The city should
review this possibility. It happened with the destruction of the old Redondo General Store. No
one knows how the developer received approval for a demolition permit. People need to put strict
controls on historic places, or they will be gone (most of what Federal Way had is gone).
Jason Ludwig, Federal Way resident — He is also with the historical society, but is not speaking
from that perspective tonight. He spoke of living in Phoenix, Arizona for many years (has been in
Federal Way for three years). Phoenix (which was incorporated in 1881) adopted a preservation
ordinance only two years ago and has destroyed most of their historical buildings. Development
trends go through phases and the phase during much of the destruction of historic structures was
strip malls; as a result, Phoenix is a land of strip malls. He is enthralled by Federal Way's sense
of history and the civic pride in our history. Saving history is an uphill battle unless it is protected
by such an ordinance. Don't repeat Phoenix's mistake.
Karen Meador, Auburn resident — She works for the historical society. Federal Way is a rare
exception to cities that are built on the water because we are built on roads. Military Road, 99
(Pacific Highway South) and I -5 are all located in Federal way. They were all cutting edge for
their time; representing a new era in the American experiment. Many of Federal Way's historic
properties are close to these important roads (Brooklake, historic cabins, Steel Lake Annex, etc.).
It is hard to find history so accessible. Heritage properties provide communities with unique
buildings suitable for different types of uses (tourist destinations, event centers, meeting centers,
etc.). They provide Federal Way with a unique identity and distinctive character. She urged the
Commissioners recommend adoption of the proposed ordinance. The only city in the U.S. named
for a federal highway is deserving of a historic preservation ordinance. It will help preserve
Federal Way's unique blend of historic highways, varied architecture, great scenic beauty,
wildlife habitat, and heritage.
Dorothy Bird, Federal Way resident — She has lived here for six years. This is a unique locality
(not farmland but a bog), developed in a way that is different. She is very glad she came here.
Marty Dickerson Auburn resident — He is involved with the historical society. He purchased an
old abandoned store last year on Military Road. He has had a lot of interaction with people who
have grown up in the area. Many people stop and ask what will happen with the store. They are
cleaning and up and saving what they can. They want to preserve this bit of history. He supports
Federal Way adopting the proposed ordinance.
Suzanne Vargo, Federal Way resident — She has lived and walked all over Federal Way. She
volunteers for the Auburn museum. There are strong roots throughout Federal Way and to lose
these would be to lose a part of all of us. Federal Way is unique and we should preserve that.
June 5, 2017
Land Use and Transportation Committee
Ordinance No. Protection and Preservation of Landmarks
Page 5
DECISIONAL CRITERIA:
FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes
compliance of the proposed zoning text amendments with the criteria provided by this chapter.
The City may amend the text of the FWRC only if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the comprehensive
plan.
Staff Response — The proposed code amendment is consistent with the following goals and
policies:
LUG 14 — Use historic resources as an important element in the overall design of the City.
LUP 65 — Identify vista points and historic buildings for preservation.
LUP 66 — Develop a process to designate historic landmark sites and structures. Use
developer incentives or other mechanisms to ensure that these sites and structures will
continue to be a part of the community.
LUP 69 — Safeguard and manifest Federal Way's heritage by preserving those sites,
buildings, structures, and objects which reflect significant elements of the City's history.
LUP 71— Undertake an effort to publicly commemorate historic sites.
LUP 72 — The City shall continue to work with the Historical Society of Federal Way
towards attainment of historic resource policies.
EDP 25 — Implement zoning and provide financial incentives that encourage prioritized
development consistent with comprehensive and subarea plans and orderly, phased growth.
EDG 9 — Encourage and support the development of recreational and cultural facilities
and /or events that will bring additional visitors to Federal Way, and increase visitor
spending.
2. The proposed amendment bears a substantial relationship to public health, safety, or welfare.
Staff Response — The proposed code amendment bears a substantial relationship to public
welfare because it preserves historic sites for the cultural benefit of all citizens, offers
economic incentives to encourage the rehabilitation of historic properties, and facilitates
cultural heritage tourism.
3. The proposed amendment is in the best interest of the residents of the City.
Staff Response — The proposed amendment is in the best interest of the public and the
residents of the City of Federal Way because it preserves, protects, and enhances those sites,
buildings, districts, structures, and objects which reflect significant elements of the City of
Federal Way's, the county's, the state's, and the nation's cultural, aesthetic, social,
economic, architectural, ethnic, archeological, historic and other heritage, fosters civic pride
June 5, 2017
Land Use and Transportation Committee
Ordinance No. Protection and Preservation of Landmarks
Page 6
in the accomplishments of the past, and provides incentives for the continued ownership and
use of landmarks.
RECOMMENDED ACTION:
PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends
approval of the proposed code amendment.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding the proposed ordinance to
City Council for First Reading on June 20, 2017 and Adoption on July 5, 2017.
LUTC OPTIONS:
The LUTC has the following options:
1. Recommend adoption of the Planning Commission's recommendation as shown in the Draft
Ordinance;
2. Recommend adoption of the Planning Commission's recommendation as further amended by
the LUTC; or
3. Do not recommend adopting the Planning Commission's recommendations.
EXHIBITS:
Exhibit A: Proposed City Ordinance — FWRC 19.285 "Protection and Preservation of
Landmarks"
Exhibit B: King County Ordinance — KCC 203.62 "Protection and Preservation of Landmarks,
Landmark Sites and Districts"
Exhibit C: Regional Historic Preservation Program
Exhibit D: King County Historic Preservation Officer email to Federal Way Planning
Commission re: staffing levels
cc: Project File
Day File
Exhibit A
Proposed City Ordinance — FWRC 19.285 "Protection and Preservation of Landmarks"
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to the protection and preservation of landmarks and adding new
Chapter 19.285 to the Federal Way Revised Code.
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code ( "FWRC "), "Zoning and Development Code," in order to conform to state
and federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt rules and regulations
to protect and preserve the historic buildings, structures, districts, sites, objects, and
archeological sites within the City of Federal Way for the benefit of present and future
generations; and
WHEREAS, the Planning Commission conducted public workshops on these code
amendments on October 19, 2016 and December 7, 2016; and
WHEREAS, the Land Use & Transportation Committee of the City Council of the City
of Federal Way conducted a study session on these code amendments on December 5, 2016; and
WHEREAS, an Environmental Determination of Nonsignificance ( "DNS ") was properly
issued for the Proposal on April 14, 2017, and no comments or appeals were received and the
DNS was finalized on May 19, 2017; and
Ordinance No. 17- Page 1 of 8
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on May 17, 2017, and forwarded a recommendation of approval; and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered these code amendments on June 5, 2017, and recommended adoption of the text
amendments as recommended by the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by protecting and preserving the historic buildings, structures,
districts, sites, objects, and archeological sites within the City of Federal Way for the benefit of
present and future generations.
(b) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
(c) These code amendments are consistent with the intent and purpose of Title 19
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
FWRC.
Ordinance No. 17- Page 2 of 8
Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
LUG 14 — Use historic resources as an important element in the overall design of the
City.
LUP 65 — Identify vista points and historic buildings for preservation.
LUP 66 — Develop a process to designate historic landmark sites and structures. Use
developer incentives or other mechanisms to ensure that these sites and structures will
continue to be a part of the community.
LUP 69 — Safeguard and manifest Federal Way's heritage by preserving those sites,
buildings, structures, and objects which reflect significant elements of the City's history.
LUP 71 — Undertake an effort to publicly commemorate historic sites.
LUP 72 — The City shall continue to work with the Historical Society of Federal Way
towards attainment of historic resource policies.
EDP 25 — Implement zoning and provide financial incentives that encourage prioritized
development consistent with comprehensive and subarea plans and orderly, phased
growth.
EDG 9 — Encourage and support the development of recreational and cultural facilities
and /or events that will bring additional visitors to Federal Way, and increase visitor
spending.
Ordinance No. 17- Page 3 of 8
(b) The proposed FWRC amendment bears a substantial relationship to the public
health, safety, and welfare because it preserves historic sites for the cultural benefit of all
citizens, offers economic incentives to encourage the rehabilitation of historic properties, and
facilitates cultural heritage tourism.
(c) The proposed amendment is in the best interest of the public and the residents of
the City of Federal Way because it preserves, protects and enhances those sites, buildings,
districts, structures and objects which reflect significant elements of the city of Federal Way's
cultural, aesthetic, social, economic, architectural, ethnic, archeological, historic and other
heritage, fosters civic pride in the accomplishments of the past, and provides incentives for the
continued ownership and use of landmarks.
Section 3. Title 19 of the Federal Way Revised Code is hereby amended to add a new
chapter 19.285 to read as follows:
Chapter 19.285
PROTECTION AND PRESERVATION OF LANDMARKS
Sections:
19.285.010 Purpose.
19.285.020 King County Code Chapter 20.62 Adopted.
19.285.030 Landmarks Commission Created — Membership and Organization.
19.285.040 Review of Building and Related Permits.
19.285.050 Appeal Procedure.
19.285.060 Redesignation of Existing Landmarks.
19.285.010 Purpose.
The purposes of this chapter are to:
(1) Designate, preserve, protect, enhance, and perpetuate those sites, buildings, districts,
structures and objects that reflect significant elements of the city's cultural, aesthetic, social,
economic, political, architectural, ethnic, archaeological, engineering, historic, and other
heritage;
(2) Foster civic pride in the beauty and accomplishments of the past;
(3) Stabilize and improve the economic values and vitality of landmarks;
(4) Encourage, protect, and enhance the city's tourist industry by promoting heritage - related
tourism;
Ordinance No. 17- Page 4 of 8
(5) Promote the continued use, exhibition, and interpretation of significant sites, districts,
buildings, structures, and objects for the education, inspiration, and welfare of the people of the
city;
(6) Promote and continue incentives for ownership and utilization of landmarks;
(7) Assist, encourage and provide incentives to public and private owners for preservation,
restoration, rehabilitation, and use of landmark buildings, sites, districts, structures, and objects;
(8) Work cooperatively with other jurisdictions to identify, evaluate, and protect historic
resources in furtherance of the purposes of this chapter.
19.285.020 King County Code Chapter 20.62 Adopted.
As now or hereafter amended, the following sections of Chapter 20.62 King County Code
( "KCC ") are adopted as amended, added to, or excepted in this chapter and are incorporated by
reference:
(1) KCC 20.62.020 — Definitions, except as follows:
(a) Subsection H is changed to read: "Director" is the director of the city of Federal Way
community development department or designee.
(b) Add Subsection Z: "Council" is the city of Federal Way city council.
(2) KCC 20.62.040 — Designation Criteria, except all references to "King County" are changed
to read "city of Federal Way."
(3) KCC 20.62.050 — Nomination Procedure, except:
A. Property owner written consent is required prior to King County acceptance of a nomination
request.
B. The applicant shall provide one set of self - addressed, stamped business sized envelopes (with
City of Federal Way return address) of persons receiving property tax statements for all
properties within 300 -feet of the subject property. Include a separate list of the addresses with
their parcel numbers and an assessor's map showing the 300 -foot boundary.
C. The hearing notice will be mailed to the persons receiving the property tax statements for all
property within 300 feet of each boundary of the subject property.
(4) KCC 20.62.070 — Designation Procedure, except all references to "King County" are changed
to read "city of Federal Way." (5) KCC 20.62.080 - Certificate of Appropriateness Procedure,
except the last sentence of Subsection A thereof.
(6) KCC 20.62.100 — Evaluation of Economic Impact.
(7) KCC 20.62.130 — Penalty for Violation of Section 20.62.080 (FWRC 19.285.020(5)).
(8) KCC 20.62.140 — Special Valuation for Historic Properties.
19.285.030 Landmarks Commission Created — Membership and Organization.
(1) The King County Landmarks Commission ( "Commission "), established pursuant to Chapter
20.62 KCC, is hereby designated and empowered to act as the landmarks Commission for the
city of Federal Way pursuant to the provisions of this chapter.
(2) The special member of the Commission, provided for in Section 20.62.030 KCC, shall be
appointed by the city council. Such special member shall have a demonstrated interest and
competence in historic preservation. Such appointment shall be made for a five -year term. Such
special member shall serve until his or her successor is duly appointed and confirmed by the city
council. In the event of a vacancy, an appointment shall be made to fill the vacancy in the same
manner and with the same qualifications as if at the beginning of the term, and the person
Ordinance No. 17- Page 5 of 8
appointed to fill the vacancy shall hold the position for the remainder of the unexpired term.
Such special member may be reappointed but may not serve more than two consecutive, five -
year terms. Such special member shall be deemed to have served one full term, if such special
member resigns at any time after appointment or if such special member serves more than three
years of an unexpired term. The special member of the commission shall serve without
compensation.
(3) The Commission shall file its rules and regulations, including procedures consistent with this
chapter, with the city clerk.
19.285.040 Application Completeness.
Permit applications for changes to landmark properties shall not be considered complete unless
accompanied by a certificate of appropriateness pursuant to Section 20.62.080 KCC. Upon
receipt of an application for a development proposal which affects a Federal Way landmark or a
historic resource that has received a preliminary determination of significance as defined in
Section 20.62.080 KCC, the application circulated to the King County historic preservation
officer shall be deemed an application for a certificate of appropriateness pursuant to Section
20.62.080 KCC, if accompanied by the additional information required to apply for such
certificate.
19.285.050 Review of Building and Related Permits.
The official responsible for the issuance of building and related permits shall promptly refer
applications for permits that "affect" historic buildings, structures, objects, sites, districts, or
archaeological sites to the King County Historic Preservation Officer ( "HPO ") for review and
comment.
For the purposes of this section, "affect" shall be defined as an application for change to the
actual structure, on a property with a landmark structure or designated as a landmark property, or
on an adjacent property sharing a common boundary line, or included in King County's Historic
Resources Inventory. The responsible official shall seek and take into consideration the
comments of the HPO regarding mitigation of any adverse effects affecting historic buildings,
structures, objects, sites, or districts.
The official responsible for the issuance of building and related permits shall evaluate landmark
nominations for consistency with the city's comprehensive plan. Nominations inconsistent with
the plan shall be denied. Nominations consistent with the plan shall be forwarded to HPO for
review and comment.
19.285.060 Appeal Procedure.
(1) A party of record aggrieved by a decision of the Commission designating or rejecting a
nomination for designation of a landmark or issuing or denying a certificate of appropriateness
may, within thirty -five calendar days of mailing of notice of such designation or rejection of
nomination, or of such issuance or denial or approval of a certificate of appropriateness, appeal
such decision pursuant to the procedures established for process IV review in Chapter 19.70
FWRC.
(2) If, after the appeal hearing, the hearing examiner determines:
Ordinance No. 17- Page 6 of 8
(a) An error in fact was made by the Commission, the hearing examiner shall remand the
proceeding to the Commission for reconsideration; or
(b) The decision of the Commission is based on an error in judgment or conclusion, the
hearing examiner may modify or reverse the decision of the Commission.
19.285.070 Redesignation of Existing Landmarks.
All King County landmarks designated pursuant to the provisions of Chapter 20.62 KCC that are
in compliance with this chapter and that are located within the boundaries of the city shall be
subject to the provisions of the ordinance codified in this chapter and considered city of Federal
Way landmarks.
Section 4. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 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 this ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 5`h day of July , 2017.
[Signature page to follow]
Ordinance No. 17-
Page 7 of 8
CITY OF FEDERAL WAY:
MAYOR, JIM FERRELL
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 17- Page 8 of 8
Exhibit B
King County Ordinance — KCC 203.62 "Protection and Preservation of Landmarks, Landmark Sites and
Districts"
Chapter 20.62
PROTECTION AND PRESERVATION OF LANDMARKS,
LANDMARK SITES AND DISTRICTS
Sections:
20.62.010 Findings and declaration of purpose.
20.62.020 Definitions.
20.62.030 Landmarks commission created - membership and organization.
20.62.040 Designation criteria.
20.62.050 Nomination procedure.
20.62.070 Designation procedure.
20.62.080 Certificate of appropriateness procedure.
20.62.100 Evaluation of economic impact.
20.62.110 Appeal procedure.
20.62.120 Funding.
20.62.130 Penalty for violation of Section 20.62.080.
20.62.140 Special valuation for historic properties.
20.62.150 Historic Resources - review process.
20.62.160 Administrative rules.
20.62.200 Severability.
20.62.010 Findings and declaration of purpose. The King County council finds that:
A. The protection, enhancement, perpetuation and use of buildings, sites, districts, structures and
objects of historical, cultural, architectural, engineering, geographic, ethnic and archaeological significance
located in King County, and the collection, preservation, exhibition and interpretation of historic and
prehistoric materials, artifacts, records and information pertaining to historic preservation and
archaeological resource management are necessary in the interest of the prosperity, civic pride and general
welfare of the people of King County.
B. Such cultural and historic resources are a significant part of the heritage, education and
economic base of King County, and the economic, cultural and aesthetic well -being of the county cannot be
maintained or enhanced by disregarding its heritage and by allowing the unnecessary destruction or
defacement of such resources.
C. Present heritage and preservation programs and activities are inadequate for insuring present
and future generations of King County residents and visitors a genuine opportunity to appreciate and enjoy
our heritage.
D. The purposes of this chapter are to:
1. Designate, preserve, protect, enhance and perpetuate those sites, buildings, districts, structures
and objects which reflect significant elements of the county's, state's and nation's cultural, aesthetic, social,
economic, political, architectural, ethnic, archaeological, engineering, historic and other heritage;
2. Foster civic pride in the beauty and accomplishments of the past;
3. Stabilize and improve the economic values and vitality of landmarks;
4. Protect and enhance the county's tourist industry by promoting heritage- related tourism;
5. Promote the continued use, exhibition and interpretation of significant historical or
archaeological sites, districts, buildings, structures, objects, artifacts, materials and records for the
education, inspiration and welfare of the people of King County;
6. Promote and continue incentives for ownership and utilization of landmarks;
7. Assist, encourage and provide incentives to public and private owners for preservation,
restoration, rehabilitation and use of landmark buildings, sites, districts, structures and objects;
8. Assist, encourage and provide technical assistance to public agencies, public and private
museums, archives and historic preservation associations and other organizations involved in historic
preservation and archaeological resource management; and
9. Work cooperatively with all local jurisdictions to identify, evaluate, and protect historic
resources in furtherance of the purposes of this chapter. (Ord. 14482 § 68, 2002: Ord. 10474 § 1, 1992:
Ord. 4828 §
1, 1980).
20.62.020 Definitions. The following words and terms shall, when used in this chapter, be defined
as follows unless a different meaning clearly appears from the context:
A. "Alteration" is any construction, demolition, removal, modification, excavation, restoration or
remodeling of a landmark.
B. "Building" is a structure created to shelter any form of human activity, such as a house, barn,
church, hotel or similar structure. Building may refer to an historically related complex, such as a
courthouse and jail or a house and barn.
C. "Certificate of appropriateness" is written authorization issued by the commission or its
designee permitting an alteration to a significant feature of a designated landmark.
D. "Commission" is the landmarks commission created by this chapter.
E. "Community landmark" is an historic resource which has been designated pursuant to K.C.C.
20.62.040 but which may be altered or changed without application for or approval of a certificate of
appropriateness.
F. "Designation" is the act of the commission determining that an historic resource meets the
criteria established by this chapter.
G. "Designation report" is a report issued by the commission after a public hearing setting forth its
determination to designate a landmark and specifying the significant feature or features thereof.
H. "Director" is the director of the King County department of development and environmental
services or his or her designee.
I. "District" is a geographically definable area, urban or rural, possessing a significant
concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or
aesthetically by plan or physical development. A district may also comprise individual elements separated
geographically but linked by association or history.
J. "Heritage" is a discipline relating to historic preservation and archaeology, history, ethnic
history, traditional cultures and folklore.
K. "Historic preservation officer" is the King County historic preservation officer or his or her
designee.
L. "Historic resource" is a district, site, building, structure or object significant in national, state or
local history, architecture, archaeology, and culture.
M. "Historic resource inventory" is an organized compilation of information on historic resources
considered to be significant according to the criteria listed in K.C.C. 20.62.040A. The historic resource
inventory is kept on file by the historic preservation officer and is updated from time to time to include
newly eligible resources and to reflect changes to resources.
N. "Incentives" are such compensation, rights or privileges or combination thereof, which the
council, or other local, state or federal public body or agency, by virtue of applicable present or future
legislation, may be authorized to grant to or obtain for the owner or owners of designated landmarks.
Examples of economic incentives include but are not limited to tax relief, conditional use permits,
rezoning, street vacation, planned unit development, transfer of development rights, facade easements,
gifts, preferential leasing policies, private or public grants -in -aid, beneficial placement of public
improvements, or amenities, or the like.
O. "Interested person of record" is any individual, corporation, partnership or association which
notifies the commission or the council in writing of its interest in any matter before the commission.
P. "Landmark" is an historic resource designated as a landmark pursuant to K.C.C. 20.62.060.
Q. "Nomination" is a proposal that an historic resource be designated a landmark.
R. "Object" is a material thing of functional, aesthetic, cultural, historical, or scientific value that
may be, by nature or design, movable yet related to a specific setting or environment.
S. "Owner" is a person having a fee simple interest, a substantial beneficial interest of record or a
substantial beneficial interest known to the commission in an historic resource. Where the owner is a public
agency or government, that agency shall specify the person or persons to receive notices under this chapter.
T. "Person" is any individual, partnership, corporation, group or association.
U. "Person in charge" is the person or persons in possession of a landmark including, but not
limited to, a mortgagee or vendee in possession, an assignee of rents, a receiver, executor, trustee, lessee,
tenant, agent, or any other person directly or indirectly in control of the landmark.
V. "Preliminary determination" is a decision of the commission determining that an historic
resource which has been nominated for designation is of significant value and is likely to satisfy the criteria
for designation.
W. "Significant feature" is any element of a landmark which the commission has designated
pursuant to this chapter as of importance to the historic, architectural or archaeological value of the
landmark.
X. "Site" is the location of a significant event, a prehistoric or historic occupation or activity, or a
building or structure, whether standing, ruined, or vanished, where the location itself maintains an historical
or archaeological value regardless of the value of any existing structures.
Y. "Structure" is any functional construction made usually for purposes other than creating human
shelter. (Ord. 14482 69, 2002: Ord. 11620 § 13, 1994: Ord. 10474 § 2, 1992: Ord. 4828 § 2,
1980).
20.62.030 Landmarks commission created - membership and organization.
A. There is created the King County landmarks commission which shall consist of nine regular
members and special members selected as follows:
1. Of the nine regular members of the commission at least three shall be professionals who have
experience in identification, evaluation, and protection of historic resources and have been selected from
among the fields of history, architecture, architectural history, historic preservation, planning, cultural
anthropology, archaeology, cultural geography, landscape architecture, American studies, law, or other
historic preservation related disciplines. The nine regular members of the commission shall be appointed by
the county executive, subject to confirmation by the council, provided that no more than four members
shall reside within any one municipal jurisdiction. All regular members shall have a demonstrated interest
and competence in historic preservation.
2. The county executive may solicit nominations for persons to serve as regular members of the
commission from the Association of King County Historical Organizations, the American Institute of
Architects (Seattle Chapter), the Seattle King County Bar Association, the Seattle Master Builders, the
chambers of commerce, and other professional and civic organizations familiar with historic preservation.
3. One special member shall be appointed from each municipality within King County which has
entered into an interlocal agreement with King County providing for the designation by the commission of
landmarks within such municipality in accordance with the terms of such interlocal agreement and this
chapter. Each such appointment shall be in accordance with the enabling ordinance adopted by such
municipality.
B. Appointments of regular members, except as provided in subsection C of this section, shall be
made for a three -year term. Each regular member shall serve until his or her successor is duly appointed
and confirmed. Appointments shall be effective on June 1st of each year. In the event of a vacancy, an
appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at
the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the
remainder of the unexpired term. Any member may be reappointed, but may not serve more than two
consecutive three -year terms. A member shall be deemed to have served one full term if such member
resigns at any time after appointment or if such member serves more than two years of an unexpired term.
The members of the commission shall serve without compensation except for out -of- pocket expenses
incurred in connection with commission meetings or programs.
C. After May 4, 1992, the term of office of members becomes effective on the date the council
confirms the appointment of commission members and the county executive shall appoint or reappoint
three members for a three -year term, three members for a two -year term, and three members for a one -year
term. For purposes of the limitation on consecutive terms in subsection B of this section an appointment for
a one -or a two -year term shall be deemed an appointment for an unexpired term.
D. The chair shall be a member of the commission and shall be elected annually by the regular
commission members. The commission shall adopt, in accordance with K.C.C. chapter 2.98, rules and
regulations, including procedures, consistent with this chapter. The members of the commission shall be
governed by the King County code of ethics, K.C.C. chapter. 3.04. The commission shall not conduct any
public hearing required under this chapter until rules and regulations have been filed as required by K.C.C.
chapter 2.98.
E. A special member of the commission shall be a voting member solely on matters before the
commission involving the designation of landmarks within the municipality from which such special
member was appointed.
F. A majority of the current appointed and confirmed members of the commission shall constitute
a quorum for the transaction of business. A special member shall count as part of a quorum for the vote on
any matter involving the designation or control of landmarks within the municipality from which such
special member was appointed. All official actions of the commission shall require a majority vote of the
members present and eligible to vote on the action voted upon. No member shall be eligible to vote upon
any matter required by this chapter to be determined after a hearing unless that member has attended the
hearing or familiarized him or herself with the record.
G. The commission may from time to time establish one or more committees to further the
policies of the commission, each with such powers as may be lawfully delegated to it by the commission.
H. The county executive shall provide staff support to the commission and shall assign a
professionally qualified county employee to serve as a full -time historic preservation officer. Under the
direction of the commission, the historic preservation officer shall be the custodian of the commission's
records. The historic preservation officer or his or her designee shall conduct official correspondence, assist
in organizing the commission and organize and supervise the commission staff and the clerical and
technical work of the commission to the extent required to administer this chapter.
I. The commission shall meet at least once each month for the purpose of considering and holding
public hearings on nominations for designation and applications for certificates of appropriateness. Where
no business is scheduled to come before the commission seven days before the scheduled monthly meeting,
the chair of the commission may cancel the meeting. All meetings of the commission shall be open to the
public. The commission shall keep minutes of its proceedings, showing the action of the commission upon
each question, and shall keep records of all official actions taken by it, all of which shall be filed in the
office of the historic preservation officer and shall be public records.
J. At all hearings before and meetings of the commission, all oral proceedings shall be
electronically recorded. The proceedings may also be recorded by a court reporter if any interested person
at his or her expense shall provide a court reporter for that purpose. A tape recorded copy of the electronic
record of any hearing or part of a hearing shall be furnished to any person upon request and payment of the
reasonable expense of the copy.
K. The commission is authorized, subject to the availability of funds for that purpose, to expend
moneys to compensate experts, in whole or in part, to provide technical assistance to property owners in
connection with requests for certificates of appropriateness upon a showing by the property owner that the
need for the technical assistance imposes an unreasonable financial hardship on the property owner.
L. Commission records, maps or other information identifying the location of archaeological sites
and potential sites shall be exempt from public disclosure as specified in RCW 42.17.310 m order to avoid
looting and depredation of the sites. (Ord. 14482 § 70, 2002: Ord. 10474 § 3, 1992: Ord. 10371 § 1, 1992:
Ord. 4828 § 3, 1980).
20.62.040 Designation criteria.
A. An historic resource may be designated as a King County landmark if it is more than forty
years old or, in the case of a landmark district, contains resources that are more than forty years old, and
possesses integrity of location, design, setting, materials, workmanship, feeling and association, and:
1. Is associated with events that have made a significant contribution to the broad patterns of
national, state or local history; or
2. Is associated with the lives of persons significant in national, state or local history; or
3. Embodies the distinctive characteristics of a type, period, style or method of design or
construction, or that represents a significant and distinguishable entity whose components may lack
individual distinction; or
4. Has yielded or may be likely to yield, information important in prehistory or history; or
5. Is an outstanding work of a designer or builder who has made a substantial contribution to the
art.
B. An historic resource may be designated a community landmark because it is an easily
identifiable visual feature of a neighborhood or the county and contributes to the distinctive quality or
identity of such neighborhood or county or because of its association with significant historical events or
historic themes, association with important or prominent persons in the community or county, or
recognition by local citizens for substantial contribution to the neighborhood or community. An
improvement or site qualifying for designation solely by virtue of satisfying criteria set out in this section
shall be designated a community landmark and shall not be subject to the provisions of 20.62.080.
C. Cemeteries, birthplaces, or graves of historical figures, properties owned by religious
institutions or used for religious purposes, structures that have been moved from their original locations,
reconstructed historic buildings, properties primarily commemorative in nature, and properties that have
achieved significance within the past forty years shall not be considered eligible for designation. However,
such a property shall be eligible for designation if they are:
1. An integral part of districts that meet the criteria set out in 20.62.040A or if it is:
2. A religious property deriving primary significance from architectural or artistic distinction or
historical importance; or
3. A building or structure removed from its original location but which is significant primarily for
its architectural value, or which is the surviving structure most importantly associated with a historic person
or event; or
4. A birthplace, grave or residence of a historical figure of outstanding importance if there is no
other appropriate site or building directly associated with his or her productive life; or
5. A cemetery that derives its primary significance from graves of persons of transcendent
importance, from age, from distinctive design features, or from association with historic events; or
6. A reconstructed building when accurately executed in a suitable environment and presented in a
dignified manner or as part of a restoration master plan, and when no other building or structure with the
same association has survived; or
7. A property commemorative in intent if design, age, tradition, or symbolic value has invested it
with its own historical significance; or
8. A property achieving significance within the past forty years if it is of exceptional importance.
(Ord. 10474 § 4, 1992: Ord. 4828 § 4, 1980).
20.62.050 Nomination procedure.
A. Any person, including the historic preservation officer and any member of the commission,
may nominate an historic resource for designation as a landmark or community landmark. The procedures
set forth in Sections 20.62.050 and 20.62.080 may be used to amend existing designations or to terminate
an existing designation based on changes which affect the applicability of the criteria for designation set
forth in Section 20.62.040. The nomination or designation of an historic resource as a landmark shall
constitute nomination or designation of the land which is occupied by the historic resource unless the
nomination provides otherwise. Nominations shall be made on official nomination forms provided by the
historic preservation officer, shall be filed with the historic preservation officer, and shall include all data
required by the commission.
B. Upon receipt by the historic preservation officer of any nomination for designation, the officer
shall review the nomination, consult with the person or persons submitting the nomination, and the owner,
and prepare any amendments to or additional information on the nomination deemed necessary by the
officer. The historic preservation officer may refuse to accept any nomination for which inadequate
information is provided by the person or persons submitting the nomination. It is the responsibility of the
person or persons submitting the nomination to perform such research as is necessary for consideration by
the commission. The historic preservation officer may assume responsibility for gathering the required
information or appoint an expert or experts to carry out this research in the interest of expediting the
consideration.
C. When the historic preservation officer is satisfied that the nomination contains sufficient
information and complies with the commission's regulations for nomination, the officer shall give notice in
writing, certified mail/return receipt requested, to the owner of the property or object, to the person
submitting the nomination and interested persons of record that a preliminary or a designation
determination on the nomination will be made by the commission. The notice shall include:
1. The date, time, and place of hearing;
2. The address and description of the historic resource and the boundaries of the nominated
resource;
3. A statement that, upon a designation or upon a preliminary determination of significance, the
certificate of appropriateness procedure set out in Section 20.62.080 will apply;
4. A statement that, upon a designation or a preliminary determination of significance, no
significant feature may be changed without first obtaining a certificate of appropriateness from the
commission, whether or not a building or other permit is required. A copy of the provisions of Section
20.62.080 shall be included with the notice;
5. A statement that all proceedings to review the action of the commission at the hearing on a
preliminary determination or a designation will be based on the record made at such hearing and that no
further right to present evidence on the issue of preliminary determination or designation is afforded
pursuant to this chapter.
D. The historic preservation officer shall, after mailing the notice required herein, refer the
nomination and all supporting information to the commission for consideration on the date specified in the
notice. No nomination shall be considered by the commission less than thirty nor more than forty five
calendar days after notice setting the hearing date has been mailed except where the historic preservation
officer or members of the commission have reason to believe that immediate action is necessary to prevent
destruction, demolition or defacing of an historic resource, in which case the notice setting the hearing shall
so state. (Ord. 10474 § 5, 1992: Ord. 4828 § 5, 1980).
20.62.070 Designation procedure.
A. The commission may approve, deny, amend or terminate the designation of a historic resource
as a landmark or community landmark only after a public hearing. At the designation hearing the
commission shall receive evidence and hear argument only on the issues of whether the historic resource
meets the criteria for designation of landmarks or community landmarks as specified in K.C.C. 20.62.040
and merits designation as a landmark or community landmark; and the significant features of the landmark.
The hearing may be continued from time to time at the discretion of the commission. If the hearing is
continued, the commission may make a preliminary determination of significance if the commission
determines, based on the record before it that the historic resource is of significant value and likely to
satisfy the criteria for designation in K.C.C. 20.62.040. The preliminary determination shall be effective as
of the date of the public hearing at which it is made. Where the commission makes a preliminary
determination it shall specify the boundaries of the nominated resource, the significant features thereof and
such other description of the historic resource as it deems appropriate. Within five working days after the
commission has made a preliminary determination, the historic preservation officer shall file a written
notice of the action with the director and mail copies of the notice, certified mail, return receipt requested,
to the owner, the person submitting the nomination and interested persons of record.
The notice shall include:
1. A copy of the commission's preliminary determination; and
2. A statement that while proceedings pursuant to this chapter are pending, or six months from the
date of the notice, whichever is shorter, and thereafter if the designation is approved by the commission, the
certificate of appropriateness procedures in K.C.C. 20.62.080, a copy of which shall be enclosed, shall
apply to the described historic resource whether or not a building or other permit is required. The decision
of the commission shall be made after the close of the public hearing or at the next regularly scheduled
public meeting of the commission thereafter.
B. Whenever the commission approves the designation of a historic resource under consideration
for designation as a landmark, it shall, within fourteen calendar days of the public meeting at which the
decision is made, issue a written designation report, which shall include:
1. The boundaries of the nominated resource and such other description of the resource sufficient
to identify its ownership and location;
2. The significant features and such other information concerning the historic resource as the
commission deems appropriate;
3. Findings of fact and reasons supporting the designation with specific reference to the criteria for
designation in K.C.C. 20.62.040; and
4. A statement that no significant feature may be changed, whether or not a building or other
permit is required, without first obtaining a certificate of appropriateness from the commission in
accordance with K.C.C. 20.62.080, a copy of which shall be included in the designation report. This
subsection B.4. shall not apply to historic resources designated as community landmarks.
C. Whenever the commission rejects the nomination of a historic resource under consideration for
designation as a landmark, it shall, within fourteen calendar days of the public meeting at which the
decision is made, issue a written decision including findings of fact and reasons supporting its
determination that the criteria in K.C.C. 20.62.040 have not been met. If a historic resource has been
nominated as a landmark and the commission designates the historic resource as a community landmark,
the designation shall be treated as a rejection of the nomination for King County landmark status and the
foregoing requirement for a written decision shall apply. Nothing contained herein shall prevent
renominating any historic resource rejected under this subsection as a King County landmark at a future
time.
D. A copy of the commission's designation report or decision rejecting a nomination shall be
delivered or mailed to the owner, to interested persons of record and the director within five working days
after it is issued. If the commission rejects the nomination and it has made a preliminary determination of
significance with respect to the nomination, it shall include in the notice to the director a statement that
K.C.C. 20.62.080 no longer applies to the subject historic resources.
E. If the commission approves, or amends a landmark designation, K.C.C. 20.62.080 shall apply
as approved or amended. A copy of the commission's designation report or designation amendment shall be
recorded with the records, elections and licensing services division, or its successor agency, together with a
legal description of the designated resource and notification that K.C.C. 20.62.080 and 20.62.130 apply. If
the commission terminates the designation of a historic resource, K.C.C. 20.62.080 shall no longer apply to
the historic resource. (Ord. 14482 § 71, 2002: Ord. 14176 § 4, 2001: Ord. 11620 § 14, 1994: Ord. 10474 §
6, 1992: Ord. 4828 § 7, 1980).
20.62.080 Certificate of appropriateness procedure.
A. At any time after a designation report and notice has been filed with the director and for a
period of six months after notice of a preliminary determination of significance has been mailed to the
owner and filed with the director, a certificate of appropriateness must be obtained from the commission
before any alterations may be made to the significant features of the landmark identified in the preliminary
determination report or thereafter in the designation report. The designation report shall supersede the
preliminary determination report. This requirement shall apply whether or not the proposed alteration also
requires a building or other permit. The requirements of this section shall not apply to any historic resource
located within incorporated cities or towns in King County, except as provided by applicable interlocal
agreement.
B. Ordinary repairs and maintenance which do not alter the appearance of a significant feature and
do not utilize substitute materials do not require a certificate of appropriateness. Repairs to or replacement
of utility systems do not require a certificate of appropriateness provided that such work does not alter an
exterior significant feature.
C. There shall be three types of certificates of appropriateness, as follows:
1. Type I, for restorations and major repairs which utilize in -kind materials.
2. Type II, for alterations in appearance, replacement of historic materials and new construction.
3. Type III, for demolition, moving and excavation of archaeological sites. In addition, the
commission shall establish and adopt an appeals process concerning Type 1 decisions made by the historic
preservation officer with respect to the applications for certificates of appropriateness.
The historic preservation officer may approve Type I certificates of appropriateness
administratively without public hearing, subject to procedures adopted by the commission. Alternatively
the historic preservation officer may refer applications for Type I certificates of appropriateness to the
commission for decision. The commission shall adopt an appeals procedure concerning Type I decisions
made by the historic preservation officer.
Type II and III certificates of appropriateness shall be decided by the commission and the
following general procedures shall apply to such commission actions:
1. Application for a certificate of appropriateness shall be made by filing an application for such
certificate with the historic preservation officer on forms provided by the commission.
2. If an application is made to the director for a permit for any action which affects a landmark, the
director shall promptly refer such application to the historic preservation officer, and such application shall
be deemed an application for a certificate of appropriateness if accompanied by the additional information
required to apply for such certificate. The director may continue to process such permit application, but
shall not issue any such permit until the time has expired for filing with the director the notice of denial of a
certificate of appropriateness or a certificate of appropriateness has been issued pursuant to this chapter.
3. After the commission has commenced proceedings for the consideration of any application for a
certificate of appropriateness by giving notice of a hearing pursuant to subsection 3 of this section, no other
application for the same or a similar alteration may be made until such proceedings and all administrative
appeals therefrom pursuant to this chapter have been concluded.
4. Within forty five calendar days after the filing of an application for a certificate of
appropriateness with the commission or the referral of an application to the commission by the director
except those decided administratively by the historic preservation officer pursuant to subsection 2 of this
section, the commission shall hold a public hearing thereon. The historic preservation officer shall mail
notice of the hearing to the owner, the applicant, if the applicant is not the owner, and parties of record at
the designation proceedings, not less than ten calendar days before the date of the hearing. No hearing shall
be required if the commission, the owner and the applicant, if the applicant is not the owner, agree in
writing to a stipulated certificate approving the requested alterations thereof. This agreement shall be
ratified by the commission in a public meeting and reflected in the commission meeting minutes. If the
commission grants a certificate of appropriateness, such certificate shall be issued forthwith and the historic
preservation officer shall promptly file a copy of such certificate with the director.
5. If the commission denies the application for a certificate of appropriateness, in whole or in part,
it shall so notify the owner, the person submitting the application and interested persons of record setting
forth the reasons why approval of the application is not warranted.
D. The commission shall adopt such other supplementary procedures consistent with K.C.C. 2.98
as it determines are required to carry out the intent of this section. (Ord. 11620 § 15, 1994: Ord. 10474 § 7,
1992: Ord. 4828 § 8, 1980).
20.62.100 Evaluation of economic impact.
A. At the public hearing on any application for a Type II or Type III certificate of appropriateness,
or Type I if referred to the commission by the historic preservation officer, the commission shall. when
requested by the property owner, consider evidence of the economic impact on the owner of the denial or
partial denial of a certificate. In no case may a certificate be denied, in whole or in part, when it is
established that the denial or partial denial will, when available incentives are utilized, deprive the owner of
a reasonable economic use of the landmark and there is no viable and reasonable alternative which would
have less impact on the features of significance specified in the preliminary determination report or the
designation report.
B. To prove the existence of a condition of unreasonable economic return, the applicant must
establish and the commission must find, both of the following:
1. The landmark is incapable of earning a reasonable economic return without making the
alterations proposed. This finding shall be made by considering and the applicant shall submit to the
commission evidence establishing each of the following factors:
a. The current level of economic return on the landmark as considered in relation to the following:
(1) The amount paid for the landmark, the date of purchase, and party from whom purchased,
including a description of the relationship, if any, between the owner and the person from whom the
landmark was purchased;
(2) The annual gross and net income, if any, from the landmark for the previous five (5) years;
itemized operating and maintenance expenses for the previous five (5) years; and depreciation deduction
and annual cash flow before and after debt service, if any, during the same period;
(3) The remaining balance on any mortgage or other financing secured by the landmark and
annual debt service, if any, during the prior five (5) years;
(4) Real estate taxes for the previous four (4) years and assessed value of the landmark according
to the two (2) most recent assessed valuations;
(5) All appraisals obtained within the previous three (3) years by the owner in connection with the
purchase, fmancing or ownership of the landmark;
(6) The fair market value of the landmark immediately prior to its designation and the fair market
value of the landmark (in its protected status as a designated landmark) at the time the application is filed;
(7) Form of ownership or operation of the landmark, whether sole proprietorship, for profit or not-
for- profit corporation, limited partnership, joint venture, or both;
(8) Any state or federal income tax returns on or relating to the landmark for the past two (2)
years.
b. The landmark is not marketable or able to be sold when listed for sale or lease. The sale price
asked, and offers received, if any, within the previous two (2) years, including testimony and relevant
documents shall be submitted by the property owner. The following also shall be considered:
(1) Any real estate broker or firm engaged to sell or lease the landmark;
(2) Reasonableness of the price or lease sought by the owner;
(3) Any advertisements placed for the sale or lease of the landmark.
c. The unfeasibility of alternative uses that can earn a reasonable economic return for the landmark
as considered in relation to the following:
(1) A report from a licensed engineer or architect with experience in historic restoration or
rehabilitation as to the structural soundness of the landmark and its suitability for restoration or
rehabilitation;
(2) Estimates of the proposed cost of the proposed alteration and an estimate of any additional cost
that would be incurred to comply with the recommendation and decision of the commission concerning the
appropriateness of the proposed alteration;
(3) Estimated market value of the landmark in the current condition after completion of the
proposed alteration; and, in the case of proposed demolition, after renovation of the landmark for continued
use;
(4) In the case of proposed demolition, the testimony of an architect, developer, real estate
consultant, appraiser or other real estate professional experienced in historic restoration or rehabilitation as
to the economic feasibility of rehabilitation or reuse of the existing landmark;
(5) The unfeasibility of new construction around, above, or below the historic resource.
d. Potential economic incentives and/or funding available to the owner through federal, state,
county, city or private programs.
2. The owner has the present intent and the secured fmancial ability, demonstrated by appropriate
documentary evidence to complete the alteration.
C. Notwithstanding the foregoing enumerated factors, the property owner may demonstrate other
appropriate factors applicable to economic return.
D. Upon reasonable notice to the owner, the commission may appoint an expert or experts to
provide advice and/or testimony concerning the value of the landmark, the availability of incentives and the
economic impacts of approval, denial or partial denial of a certificate of appropriateness.
E. Any adverse economic impact caused intentionally or by willful neglect shall not constitute a
basis for granting a certificate of appropriateness. (Ord. 10474 § 8, 1992: Ord. 4828 § 10, 1980).
20.62.110 Appeal procedure.
A. Any person aggrieved by a decision of the commission designating or rejecting a nomination
for designation of a landmark or issuing or denying a certificate of appropriateness may, within thirty-five
calendar days of mailing of notice of such designation or rejection of nomination, or of such issuance or
denial or approval of a certificate of appropriateness appeal such decision in writing to the council. The
written notice of appeal shall be filed with the historic preservation officer and the clerk of the council and
shall be accompanied by a statement setting forth the grounds for the appeal, supporting documents, and
argument.
B. If, after examination of the written appeal and the record, the council determines, that: 1. An
error in fact may exist in the record, it shall remand the proceeding to the commission for reconsideration
or, if the council determines that:
2. the decision of the commission is based on an error in judgment or conclusion, it may modify or
reverse the decision of the commission.
C. The council's decision shall be based solely upon the record, provided that, the council may at
its discretion publicly request additional information of the appellant, the commission or the historic
preservation officer.
D. The council shall take final action on any appeal from a decision of the commission by
adoption of an Ordinance, and when so doing, it shall make and enter findings of fact from the record and
reasons therefrom which support its action. The council may adopt all or portions of the commission's
findings and conclusions.
E. The action of the council sustaining, reversing, modifying or remanding a decision of the
commission shall be final unless within twenty calendar days from the date of the action an aggrieved
person obtains a writ of certiorari from the superior court of King County, state of Washington, for the
purpose of review of the action taken. (Ord. 10474 § 9, 1992: Ord. 4828 § 11, 1980).
20.62.120 Funding.
A. The commission shall have the power to make and administer grants of funds received by it
from private sources and from local, state and federal programs for purposes of:
1. Maintaining, purchasing or restoring historic resources located within King County which it
deems significant pursuant to the goals, objectives and criteria set forth in this chapter if such historic
resources have been nominated or designated as landmarks pursuant to this chapter or have been designated
as landmarks by municipalities within King County or by the State of Washington, or are listed on the
National Historic Landmarks Register, the National Register of Historic Places; and
2. Developing and conducting programs relating to historic preservation and archaeological
resource management. The commission shall establish rules and regulations consistent with K.C.C. chapter
2.98 governing procedures for applying for and awarding of grant moneys pursuant to this section.
B. The commission may, at the request of the historic preservation officer, review proposals
submitted by county agencies to fund historic preservation and archaeological projects through the Housing
and Community Development Act of 1974 (42 U.S.C. Secs. 5301 et seq.), the State and Local Fiscal
Assistance Act of 1972 (31 U.S.C. Secs. 1221 et seq.) and other applicable local, state and federal funding
programs. Upon review of such grant proposals, the commission may make recommendations to the county
executive and county council concerning which proposals should be funded, the amount of the grants that
should be awarded, the conditions that should be placed on the grant, and such other matters as the
commission deems appropriate. The historic preservation officer shall keep the commission apprised of the
status of grant proposals, deadlines for submission of proposals and the recipients of grant funds. (Ord
14482 § 72, 2002: Ord. 10474 § 10, 1992: Ord. 4828 § 12, 1980).
20.62.130 Penalty for violation of Section 20.62.080. Any person violating or failing to comply
with the provisions of Section 20.62.080 of this chapter shall incur a civil penalty of up to five hundred
dollars per day and each day's violation or failure to comply shall constitute a separate offense; provided,
however, that no penalty shall be imposed for any violation or failure to comply which occurs during the
pendency of legal proceedings filed in any court challenging the validity of the provision or provisions of
this chapter, as to which such violations or failure to comply is charged. (Ord. 4828 § 13, 1980).
20.62.140 Special valuation for historic properties.
A. There is hereby established and implemented a special valuation for historic properties as
provided in chapter 84.26 RCW.
B. The King County landmarks commission is hereby designated as the local review board for the
purposes related to chapter 84.26 RCW, and is authorized to perform all functions required by chapter
84.16RCW and chapter 254 -20 WAC.
C. All King County landmarks designated and protected under this chapter shall be eligible for
special valuation in accordance with chapter 84.26 RCW. (Ord. 14482 § 73, 2002: Ord. 10474 § 12,1992:
Ord. 9237 §§ 1 -3 , 1989).
20.62.150 Historic Resources - review process.
A. King County shall not approve any development proposal or otherwise issue any authorization
to alter, demolish, or relocate any historic resource identified in the King County Historic Resource
Inventory, pursuant to the requirements of this chapter. The standards contained in K.C.C. 21A.12,
Development Standards - Density and Dimensions and K.C.C. 21A.16, Development Standards -
Landscaping and Water Use shall be expanded, when necessary, to preserve the aesthetic, visual and
historic integrity of the historic resource from the impacts of development on adjacent properties.
B. Upon receipt of an application for a development proposal located on or adjacent to a historic
resource listed in the King County Historic Resource Inventory, the director shall follow the following
procedure:
1. The development proposal application shall be circulated to the King County historic
preservation officer for comment on the impact of the project on historic resources and for recommendation
on mitigation. This includes all permits for alterations to historic buildings, alteration to landscape
elements, new construction on the same or abutting lots, or any other action requiring a permit which might
affect the historic character of the resource. Information required for a complete permit application to be
circulated to the historic preservation officer shall include:
a. a vicinity map;
b. a site plan showing the location of all buildings, structures, and landscape features;
c. a brief description of the proposed project together with architectural drawings showing the
existing condition of all buildings, structures, landscape features and any proposed alteration to them;
d. photographs of all buildings, structures, or landscape features on the site; and
e. an environmental checklist, except where categorically exempt under King County SEPA
guidelines.
2. Upon request, the historic preservation officer shall provide information about available grant
assistance and tax incentives for historic preservation. The officer may also provide the owner, developer,
or other interested party with examples of comparable projects where historic resources have been restored
or rehabilitated.
3. In the event of a conflict between the development proposal and preservation of an historic
resource, the historic preservation officer shall:
a. suggest appropriate alternatives to the owner /developer which achieve the goals of historic
preservation.
b. recommend approval, or approval with conditions to the director of the department of
development and environmental services; or
c. propose that a resource be nominated for county landmark designation according to procedures
established in the landmarks preservation ordinance (K.C.C. 20.62).
4. The director may continue to process the development proposal application, but shall not issue
any development permits or issue a SEPA threshold determination until receiving a recommendation from
the historic preservation officer. In no event shall review of the proposal by the historic preservation officer
delay permit processing beyond any period required by law. Permit applications for changes to landmark
properties shall not be considered complete unless accompanied by a certificate of appropriateness pursuant
to K.C.C. 20.62.080.
5. On known archaeological sites, before any disturbance of the site, including, but not limited to
test boring, site clearing, construction, grading or revegetation, the State Office of Archaeology and
Historic Preservation (OAHP), and the King County historic preservation officer, and appropriate Native
American tribal organizations must be notified and state permits obtained, if required by law. The officer
may require that a professional archaeological survey be conducted to identify site boundaries, resources
and mitigation alternatives prior to any site disturbance and that a technical report be provided to the
officer, OAHP and appropriate tribal organizations. The officer may approve, disapprove or require permits
conditions, including professional archeological surveys, to mitigate adverse impacts to known
archeological sites.
C. Upon receipt of an application for a development proposal which affects a King County
landmark or an historic resource that has received a preliminary determination of significance as defined by
K.C.C. 20.62.020V, the application circulated to the King County historic preservation officer shall be
deemed an application for a certificate of appropriateness pursuant to K.C.C. 20.62.080 if accompanied by
the additional information required to apply for such certificate. (Ord. 11620 § 12, 1994).
20.62.160 Administrative rules. The director may promulgate administrative rules and
regulations pursuant to K.C.C. 2.98, to implement the provisions and requirements of this chapter. (Ord.
11620 § 16,
1994).
20.62.200 Severability. If any provision of this chapter or its application to any person or
circumstance is held invalid, the remainder of the chapter or the application of the provision to other
persons or circumstances is not affected. (Ord. 10474 § 14, 1992).
(King County 12 -2002)
Exhibit C
Regional Historic Preservation Program
REGIONAL HISTORIC PRESERVATION PROGRAM
What is the Regional Historic Preservation Program? King County is partnering with
cities throughout the county to provide historic preservation services. This cooperative
approach to preserving our region's history and character has many benefits:
• cost efficient delivery of professional services
• preservation and enhancement of significant aspects of local history
• access to incentives for property owners
• access to state and federal funding sources for preservation
• basis for tourism development programs
• enhancement of community character
What are the services? Services include, but are not limited to: landmark designation
and protection, preparation of landmark nomination applications, survey and inventory
of historic properties, developing design guidelines, archaeological review, and assisting
with preservation planning or other preservation - related work, all at the City's option.
Who provides the services? Services are provided through the County's Historic
Preservation Program (HPP), located in the Department of Natural Resources and Parks,
via an interlocal agreement between King County and the participating city.
What is the cost? The County is required by state law to receive full reimbursement for
its services; however, grants from the State Department of Archaeology and Historic
Preservation and other funders are available to defray some costs. Cities are billed
quarterly for HPP staff time. The City must authorize all work before it begins.
What are the benefits? One of the primary benefits of the program is that owners of
designated landmark properties are eligible to apply for a variety of incentive programs
including property tax reductions, brick - and -mortar grants, and technical assistance
from qualified preservation professionals. City planners also have access to professional
expertise for assistance with archaeological issues.
Kin County Historic Preservation Program, Department of Natural Resources and Parks
9 y 201 S. Jackson, Suite 700, Seattle, WA 98104 (206) 477 -4528
Regional Historic Preservation Program
Page 2 of 2
How is the program implemented? Cities adopt a preservation ordinance modeled after
the King County ordinance and enter into an interlocal agreement (service contract)
with the County. When the agreement is in place the City appoints a special member to
the King County Landmarks Commission, which acts on all landmark nominations that
are forwarded from the City. The City may elect to conduct design review (review of
proposed changes to landmark properties) itself or have King County provide the
service. Meetings involving city properties are conducted in the city whenever possible.
To date, 22 cities participate in the Regional Preservation Program.
For more information contact:
Jennifer Meisner
Historic Preservation officer
jennifer.meisner @kingcounty.gov
(206) 477 -0384
W King County
Historic Preservation Program, Department of Natural Resources and Parks
201 S. Jackson, Suite 700, Seattle, WA 98104 (206) 477 -4528
Exhibit D
King County Historic Preservation email to Planning Commission re: staffing levels
David VanDeWeghe
From: Tina Piety
Sent: Friday, May 19, 2017 3:20 PM
To: Anthony Murrietta; Brian Davis; Dale Couture; Dawn Meader McCausland; Diana Noble -
Gulliford; Hope Elder; Lawson Bronson; Margaret Clark; Mark Orthmann; Robert Hansen;
Tim O'Neil; Tom Medhurst; Tonia Proctor; Wayne Carlson
Cc: David VanDeWeghe
Subject: FW: Historic Preservation staffing levels
Hello,
At our meeting on Wednesday, the following questions were asked:
• Does King County's Historic Preservation Program have adequate staff to handle the increased workload of
adding another city (Federal Way)?
• Will the initial wave of landmark applications from our city overwhelm their staff, resulting in review delays?
Please see the following for King County's response.
Tina
From: Meisner, Jennifer [ mailto:J ennifer.Meisner @kingcounty.gov]
Sent: Friday, May 19, 2017 12:02 PM
To: David VanDeWeghe
Cc: Scott, Todd
Subject: RE: Draft ILA for Landmark Services
Hi Dave,
I'm glad the Planning Commission public hearing went well. Thank you for checking in about our staffing levels related to
the anticipated increase in landmark nomination activity. We are adequately staffed, we do not anticipate processing
delays, and we will welcome landmark nominations from Federal Way. Todd and I have toured many of Federal Way's
historic resources with Karen Meador and Diana Noble - Gulliford of the Federal Way Historical Society, and I believe
Artifacts Architectural Consulting identified many excellent examples of mid - century modern residential properties, so
we know there is a rich inventory of potential landmarks in your city. Are there properties that have already been
identified as priorities for landmark designation? Do you anticipate a number of nominations being submitted as soon
as the ILA is in place?
Just to clarify, the timeframe for our office to process landmark nominations mainly depends on how complete the
nomination is when we receive it. Our staff is generally able to review nominations within a week or two of receipt. If we
find that sufficient research has been conducted and all required supporting materials are there, processing can go
quickly, bearing in mind that 30 day public notice is required before the nomination can be considered by the Federal
Way Landmarks Commission. If the nomination is incomplete, we will let the preparer know what information is missing
and work with them to get it in shape for consideration by the commission. Nominations can't be scheduled for
commission consideration until they are complete. Our office manages a Historic Resources Inventory Database of
properties that have been surveyed, inventoried, and identified as having some historic significance. We are happy to
look up properties to see if they are included in our inventory and if so, share any historical information we have on file,
as well as refer preparers to other repositories of information.
1
Finally, anyone can prepare a landmark nomination and there are a number of professional preservation consultants
who can also be retained to help. Our office can't recommend consultants but we can share a list of
consultants /contractors who have prepared successful nominations for King County or ILA City landmarks in the past.
I hope this additional information is helpful and please don't hesitate to contact me with any follow -up questions. I'II
look forward to getting the draft ILA back and moving it forward.
Enjoy the sun this weekend —
Jennifer
Jennifer Meisner
Historic Preservation Officer
King County Historic Preservation Program 1 201 S. Jackson Suite 700 1 Seattle, WA 98104
office: 206.477.0384 1 cell: 206.402.8977 1 jennifer .meisnerankingcounty.gov 1 www.kingcountv.gov /landmarks
2
COUNCIL MEETING DATE: June 1 ;2017 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: ZAYO GROUP, L.L.C. FRANCHISE AMENDMENT
POLICY QUESTION: Should the City of Federal Way amend the existing Franchise Ordinance #13 -738, with
Zayo Group, L.L.C.?
COMMITTEE: FEDRAC MEETING DATE: May 23, 2017
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Thomas Fichtner, IT Manager
Attachments:
Proposed 2nd Amendment to Ordinance 13 -738
Ordinance 13 -738 — original franchise ordinance,
Ordinance 14 -773 — first amendment to the ordinance,
DEPT: Information Technology
Summary/Background:
The City of Federal Way granted a nonexclusive franchise to Zayo Group, L.L.C., to occupy rights -of-
way within the City in 2013. The purpose of this amendment is to allow Zayo to request a variance, per Federal
Way Revised City Code Section 11.05.080, in order to facilitate installation of aerial facilities in certain areas
within the City.
Options Considered:
1. Approve the Ordinance and forward to the June 6, 2017 City Council meeting for first reading.
2. Modify the Ordinance and forward to the June 6, 2017 City Council meeting for first reading.
3. Deny the Ordinance and provide staff with further direction.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the June 6, 2017 Council Agenda
for first reading.
MAYOR APPROVAL:
Initial/Date Initial/1 ate
IRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on June 6, 2017.
•
Committee Chair
Committee ember
Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (DATE): "I move to forward approval of the ordinance to the June 20, 2017
Council Meeting for enactment."
2ND READING OF ORDINANCE (DATE): "I move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION,:
ti APPROVED COUNCIL BILL #
Er DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 11/2016 RESOLUTION #
41?
OL -O -211
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington,
amending the nonexclusive franchise granted to Zayo Group,
LLC, to occupy rights -of -way of the City of Federal Way,
Washington, within the specified franchise area for the purposes
of installing fiber optic network within and through the City of
Federal Way (Amending Ordinance Nos. 13 -738 and No. 14 -773).
WHEREAS, Zayo Group, LLC ( "Zayo ") is the owner of a fiber optic network located within
specific public rights -of -way throughout the City of Federal Way ( "the Franchise Area "); and
WHEREAS, on February 19, 2013 the City adopted Ordinance No. 13 -738 granting Zayo a
franchise for the installation of fiber optic within the Franchise Area; and
WHEREAS, Zayo has negotiated a Conduit Space Lease Agreement with the City for
installation of additional fiber optic cables that will directly benefit the residents of Federal Way; and
WHEREAS, on September 2, 2014 the City adopted Ordinance No. 14 -773 modifying
Section 2 of Ordinance No. 13 -738 to extend the term of the Franchise to coincide with the term of
the Conduit Space Lease Agreement; and
WHEREAS, Zayo and the City wish to amend the franchise adopted in Ordinance No. 13-
738 and modified by Ordinance No. 14 -773 to add language to Section 5 regarding variance
procedures; and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to amend
such franchise; and
Ordinance No. 17- Page 1 of 5
WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive
franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires
and appurtenances for transmission of signals and other methods of communications; and
WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves
such other powers and authorities granted to Washington code cities by general law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amendment of Franchise Contained in Ordinance No. 13 -738.
A. Section 5.1 of Ordinance No. 13 -738, as previously modified by Ordinance No. 14-773, is
hereby amended as follows:
5.1 Location.
The Facilities permitted by this Franchise shall be installed underground, except as approved
per the Variance Procedures established in Section 11.05.080 of the Federal Way Revised Code
(FWRC). The location of the Facilities, including any underground Facilities and appurtenances,
their depths below surface of ground or grade of a right- of -way, and any related existing equipment
(such as cellular antennae) to which the Facilities are connected shall be depicted on a map and
submitted to the City within thirty (30) days of the installation of the Facilities. Upon written request
of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the
system. Any such map (or update thereof) so submitted shall be for informational purposes only and
shall not obligate Franchisee to undertake any specific improvements, nor shall such map be
construed as a proposal to undertake any specific improvements.
Ordinance No. 17- Page 2 of 5
Section 2. Remainder of Franchise Ordinance Unaffected.
Except as amended in Section 1 above, the remainder of Ordinance No. 13 -738, as
modified by Ordinance No. 14 -773, shall be unaffected, and its provisions shall remain in full force
and effect.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase
of this chapter, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this chapter or
its application to any other person or situation. The City Council of the City of Federal Way hereby
declares that it would have adopted this chapter and each section, subsection, sentence, clauses,
phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
, 2017.
[Signature page follows]
Ordinance No. 17- Page 3 of 5
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
CITY OF FEDERAL WAY
JIM FERRELL, MAYOR
Ordinance No. 17- Page 4 of 5
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the Franchise as amended
above, and acknowledges that such rights and privileges are subject to and limited by all of the terms,
conditions and obligations contained above and in Ordinance No. 13 -738.
DATED this day of , 2014.
By:
Its:
Ordinance No. 17- Page 5 of 5
ORDINANCE NO. 13 -738
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, GRANTING ZAYO
GROUP, LLC, A NONEXCLUSIVE FRANCHISE TO OCCUPY
RIGHTS -OF -WAY OF THE CITY OF FEDERAL WAY,
WASHINGTON, WITHIN THE SPECIFIED FRANCHISE
AREA FOR THE PURPOSES OF INSTALLING FIBER OPTIC
NETWORK WITHIN AND THROUGH THE CITY OF
FEDERAL WAY.
WHEREAS, Zayo Group, LLC ( "Zayo ") has requested a franchise from the City of Federal
Way, in order to install and maintain fiber optic network in the public rights -of -way; and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant
such a franchise, which will specify the rights and duties of Zayo; and
WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive
franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires
and appurtenances for transmission of signals and other methods of communications; and
WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves
such other powers and authorities granted to Washington code cities by general law;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Definitions
Where used in this Franchise the following terms shall be defined as follows:
1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the
State of Washington, and its respective successors and assigns.
Ordinance No. 13 -738 Page 1 of 23
1.2 "Council" means the City of Federal Way Council acting in its official capacity.
1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way
Public Works Department.
1.4 "Facilities" means Franchisee's equipment to be located within the public right -of-
way.
1.5 "FWRC" means the Federal Way Revised Code.
1.6 "Franchise Area" means only that portion of the City public rights -of -way located in
the City of Federal Way and shown in Exhibit A attached hereto, and /or any other areas approved by
the Federal Way City Council and incorporated into this Ordinance via amendment.
1.7 "Franchisee" means Zayo Group, LLC, and its respective successors and assigns if
consented to by the City of Federal Way as provided in Section 24 herein.
Section 2. Grant /Acceptance
2.1 Grant of Franchise.
The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area
for the limited purpose of constructing, excavating, installing, maintaining, restoring, and repairing
Facilities within the Franchise Area. This franchise is specifically limited to the right for Franchisee
to install Facilities owned and operated by Franchisee. This franchise does not permit Franchisee to
lease, rent, or otherwise allow use of conduits, space or capacity provided by the Facilities to other
third -party telecommunications providers, and Franchisee covenants and agrees that it will not do so.
2.2 The Franchise may not, in the ordinary course of its business lease or sublease a portion of the
Facilities (i.e., the physical equipment) to other entities until the lessee or sublessee has first obtained
a franchise from the City. This provision shall not apply to Franchisee's potential lease of its
Ordinance No. 13 -738 Page 2 of 23
broadband capacity. Franchisee shall at all times retain exclusive control over the Facilities and shall
remain responsible for locating, servicing, repairing, relocating, removing or controlling the leased or
subleased facilities.
2.3 Franchisee may not provide cable television or open video system services, unless it first obtains
a cable television franchise or open video system franchise or agreement from the City.
2.4 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall
Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within
sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of
this Franchise and all of its terms and conditions.
Section 3. Non - Franchise Area City Property
This Franchise does not and shall not convey any right to Franchisee to install its Facilities
on, under, over, across, or to otherwise use City -owned or leased properties of any kind outside the
Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or
leased property within the Franchise Area other than public roads, streets, avenues, alleys and
highways.
Section 4. Term
Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this
Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise
(Term "), unless terminated earlier pursuant to this Franchise or other applicable law.
Section 5. Location of Facilities
5.1 Location. The Facilities permitted by this Franchise shall be installed underground.
The location of the Facilities, including any underground Facilities and appurtenances, their depths
Ordinance No. 13 -738 Page 3 of 23
below surface of ground or grade of a right -of -way, and any related existing equipment (such as
cellular antennae) to which the Facilities are connected shall be depicted on a map and submitted to
the City within thirty (30) days of the installation of the Facilities. Upon written request of the City,
Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any
such map (or update thereof) so submitted shall be for informational purposes only and shall not
obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a
proposal to undertake any specific improvements.
5.2 GIS Data. At such time as Franchisee develops or employs Geographic Information
System ( "GIS ") technology, Franchisee shall submit the information required in Subsection 5.1
above in digital GIS format, showing the location of its Facilities within the Franchise Area.
5.3 Design Markings. In the event the City desires to design new streets or intersections,
renovate existing streets, or make any other public improvements, Franchisee shall at the City of
Federal Way's reasonable request, provide the location of Franchisee's underground Facilities within
the Franchise Area by either field markings or by locating the Facilities on the City's design
drawings, and shall provide all other reasonable cooperation and assistance to the City.
Section 6. Noninterference of Facilities
Franchisee agrees to maintain its Facilities and perform any and all activities authorized by
this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in
accordance with the laws of the State of Washington and City Code requirements, franchise
provisions, regulations, resolutions and rules, as now existing or as hereafter amended; and (3) as
required by the Director. This requirement applies whether or not the work is performed by the
Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction.
Ordinance No. 13 -738 Page 4 of 23
Section 7. Requirement to Obtain Permits
7.1 Permits and Permit Applications.
Franchisee shall, at its expense, obtain all permits, (including rights -of -way permits), and pay
all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to
commencing any work within the Franchise Area. Franchisee permit applications shall show the
position and location of the proposed facilities to be constructed, laid, installed, or erected at that
time, show their relative position to existing rights -of -way or property lines upon prints drawn to
scale, designate rights -of -way by their names and improvements, such as, but not limited to,
sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines,
turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the
ground to be occupied, or as required by the Director. The Franchisee shall specify the class and type
of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public
traffic during construction. Materials and equipment shall be in new or like -new condition for its
type and kind. The manner of excavation, construction, installation, backfill, and temporary
structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards
of the FWRC and be satisfactory to the Director. All traffic control shall be in accordance with the
right -of -way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices
(MUTCD). The Franchisee shall indicate on any permit application the time needed to complete the
work. The time needed to complete the work is subject to approval by the City as a condition of the
issuance of the permit or approval.
7.2 Emergency Exception to Permit Requirement.
In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in
Ordinance No. 13 -738 Page 5 of 23
a condition as to immediately endanger the property, life, health or safety of any individual,
Franchisee may take action immediately to correct the dangerous condition without
first obtaining any required permit so long as: (1) Franchisee informs the City of nature and extent of
the emergency, and the work to be performed, prior to commencing the work; and (2) such permit is
obtained by Franchisee as soon as practicable following cessation of the emergency.
Section 8. Standard of Performance
The Franchisee shall not excavate for a distance of more than one hundred feet (100') without
immediately backfilling and compacting to surface grade and city standards. Backfilled trench areas
within a driving lane must be patched, either temporarily or permanently, before the end of the work
day in which they have been opened. Trench areas within the right -of -way, but not with in a driving
lane, must also be patched within the time limits specified by the City on the right -of -way use permit.
Final surface restoration shall be completed within thirty (30) days and shall be equal to or better
than the surface condition prior to permit issuance.
Any asphalt overlay completed within the Franchise Area during the five (5) year -period
immediately prior to the date of permit application shall not be open cut by Franchisee unless
required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee shall
install new asphalt overlay on any street that is open cut, whether in an emergency or otherwise, for a
minimum of one (1) block (approximately 500 feet) in length in both directions from the open cut,
unless determined otherwise by the Director.
Within fifteen (15) days of completion of any installation of Franchisee's Facilities within the
Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer
licensed by the State of Washington, showing the "as- built" location of the Facilities.
Ordinance No. 13 -738 Page 6 of 23
Section 9. Survey Markers and Monuments
Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments
disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs
associated with such lost, destroyed or disturbed monuments or markers.
Section 10. Surface Markings /Stakes
Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee
shall reference all monuments and markers relating to subdivisions, plats, highways, and other
surveys. The reference points shall be located so that they shall not be disturbed during the
Franchisee's operations under this Franchise. The method of referencing these monuments or other
points shall be approved by the City before placement. The construction shall be made as
expeditiously as conditions permit, and as directed by the City. The cost of monuments or other
markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be
borne solely by the Franchisee. A complete set of reference notes for monuments and other ties shall
be filed with the City.
Section 11. Right of City to Complete Work
In the event Franchisee fails to comply with any applicable federal, state or City laws,
ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such
noncompliance continues for a period of ten (10) days after Franchisee receives written notice from
the City regarding the noncompliance, the City may, but in no event is the City obligated to, order
any work completed, including without limitation Franchisee's obligation to repair pursuant to
Section 13 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section 12
herein. If the City causes such work to be done by its own employees or by any person or entity
Ordinance No. 13 -738 Page 7 of 23
other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the
City for all reasonable costs and expenses incurred by the City in having such work performed,
which costs may include the City's reasonable overhead expenses and attorneys fees. However, the
City shall not have any electrical work accomplished by any person or entity other than Franchisee or
a qualified and licensed electrical contractor.
Section 12. Required Relocation of Facilities
12.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy all or
any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose that
is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein
include, without limitation, the construction, installation, and/or maintenance of any electrical, water,
sewer or storm drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and lanes,
equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects.
This Franchise is not an exclusive Franchise shall not be construed to in any manner prohibit
the City from granting other and further Franchises in, under, over, upon, and along the Franchise
Area, nor from exercising such other powers and authorities granted to the City by the Washington
State Constitution and general law.
12.2 City's Duties. In the event the City undertakes any work, including necessary
maintenance within a right -of -way in which Franchisee's facilities are located, and such work
necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City
shall:
(a) Provide written notice of the required relocation to Franchisee within a
reasonable time prior to the commencement of such City work; and
Ordinance No. 13 -738 Page 8 of 23
(b) Provide Franchisee with copies of pertinent portions of the City's plans and
specifications so that Franchisee may relocate its Facilities to accommodate the City work
Nothing in this section shall be construed as to relieve Franchisee of its duty and obligation to
relocate its Facilities, at Franchisee's sole cost, for any improvement project undertaken by, or on
behalf of, the City in the interest of public health, safety, welfare, necessity or convenience, as
adjudged in the sole discretion of the City.
12.3 Franchisee's Duties. Within thirty (30) days of receipt of the City notice under
Subsection 12.2(a) requiring relocation and receipt of the plans and specifications pursuant to
Subsection 12.2(b), Franchisee shall raise, lower, or move such Facilities within the Franchise Area
at its sole cost and expense to the location or position directed by the City, to cause the least
interference with the improvement, repair, or alteration contemplated by the City and to conform to
such new grades as may be established. If the City improves a right -of -way, Franchisee shall, at its
sole cost and expense, upon receipt of notice, replace the Facilities located in the improved subgrade
of the improvement with substitute Facilities conforming to the specifications for the improvement
of the right -of -way.
Section 13. Damage Repair
In case of damage by the Franchisee, its agents or employees or by the Facilities of the
Franchisee to rights -of -way, or to public and private improvements within or adjacent to rights -of-
way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall,
upon discovery of any such damage, immediately notify the City. The City will inspect the damage,
and set a time limit for completion of the repair. If the City discovers damage caused by the
Franchisee to rights -of -way, or to public and private improvements within or adjacent to rights -of-
Ordinance No. 13 -738 Page 9 of 23
way, the City shall give the Franchisee notice of the damage and set a time limit in which the
Franchisee must repair the damage. In the event the Franchisee does not repair a right -of -way or an
improvement as required in this section, the City may repair the damage pursuant to Section 11 of
this Agreement.
Section 14. Default
14.1 Notice of Default. In addition to other remedies set forth herein, if Franchisee shall
fail to comply with any of the provisions of this Franchise, the City may serve a written notice to
Franchisee ordering such compliance and Franchisee shall have sixty (60) days from the receipt of
g p tY
such notice in which to comply.
14.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after
the expiration of the sixty (60) day period, the City may, by resolution, declare the franchise
immediately revoked.
Section 15. Limited Rights
This Franchise is intended to convey only a limited right and interest to Franchisee in the
Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in
or to the Franchise Area to Franchisee.
Section 16. Eminent Domain
The existence of this Franchise shall not preclude the City from acquiring by condemnation,
in accordance with applicable law, all or a portion of Franchisees Facilities within the Franchise Area
for the fair market value thereof. In determining the value of such Facilities, no value shall be
attributed to the right to occupy the Area conferred by this Franchise.
Ordinance No. 13 -738 Page 10 of 23
Section 17. Vacation
If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City
will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall
notify Franchisee in writing not less than 30 days before vacating all or any portion of the Franchise
Area. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with
respect to any such vacated area.
Section 18. Compliance with Laws
18.1 General. Franchisee shall comply with all applicable federal, state and City laws,
franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter
amended or adopted, including without limitation the State Environmental Policy Act; provided,
however, that if any term or condition of this Franchise and any term or condition of any City law,
code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the
term or condition of this Franchise will control.
18.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City may
develop rules, regulations, ordinances and specifications for the use of the right -of -way which shall
govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this
Franchise was executed by the City and Franchisee covenants and agrees to be bound by same.
Section 19. Guarantee
Franchisee shall guarantee work completed by the Franchisee under this Franchise for a
period of 10 years against settlement or repair.
Ordinance No. 13 -738 Page 11 of 23
Section 20. Charge for Administrative Costs
Franchisee agrees to pay a fee or a charge of One Thousand and No /100 Dollars ($1,000.00)
to recover the administrative expenses incurred by the City that are directly related to preparing and
approving this Franchise. Nothing herein shall preclude the City from charging administrative fees or
recovering any administrative costs incurred by the City in the approval of permits or in the
supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed
in accordance with applicable provisions of the Federal Way Revised Code.
Section 21. Indemnification
Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials,
officers, employees, agents, and volunteers 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 from, resulting from,
or connected with this Franchise to the extent caused in part or in whole by the acts, errors or
omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the
Franchisee's breach of any provisions of this Franchise; provided, however, that this section shall not
be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or
damages arising from the negligence of the City, its agents or employees. In the event any claim,
demand, suit or action is commenced against the City that gives rise to Franchisee's obligation
pursuant to this Section 21, the City shall promptly notify Franchisee thereof. Franchisee's selection
of an attorney to defend any such claim, demand, suit or action shall be subject to the City's
approval, which shall not be unreasonably withheld. Franchisee shall not settle or compromise any
such suit or action except with prior written consent of the City, which shall not be unreasonably
Ordinance No. 13 -738 Page 12 of 23
withheld. The City shall have the right at all times to participate through its own attorney in any suit
or action which arises pursuant to this Franchise when the City determines that such participation is
required to protect the interest of the City or the public. In the event it is determined that RCW
4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the
City to the maximum extent permitted thereunder, to the full extent of Franchisee's negligence.
Section 22. Insurance
22.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following
insurance, in such forms and with such carriers as are satisfactory to the City.
(a) Workers compensation and employer's liability insurance in amounts
sufficient pursuant to the laws of the State of Washington;
(b) Commercial general liability insurance with combined single limits of liability
not less than $5,000,000 for bodily injury, including personal injury or death, products
liability, contractual coverage, operations, explosion, collapse, underground and property
damage; and
(c) Automobile liability insurance with combined single limits of liability not less
than $5,000,000 for bodily injury, including personal injury or death and property damage.
22.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and
automobile liability insurance policies shall be endorsed to contain the following provisions:
(a) The City, its officers, elected officials, employees, and volunteers are to be
named as additional insured;
(b) Coverage shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability;
Ordinance No. 13 -738 Page 13 of 23
Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days
prior written notice to the City delivered by certified mail, return receipt requested; and Coverage
shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or
self - insurance by the City, its officers, officials, employees or volunteers shall be in excess of
Franchisee's required insurance.
22.3 Verification of Coverage. Franchisee shall furnish the City with certificates of
insurance and original endorsements evidencing the coverages required by this Section. The
certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage
on its behalf and must be received and approved by the City prior to the commencement of any work.
At the City's request, Franchisee shall deliver certified copies of all required insurance policies.
Section 23. Bond
Before commencing work within the City, the Franchisee shall post a bond in the form
attached as Exhibit B and in the amount of $100,000 to guarantee performance of the construction,
performance, maintenance or repair in accordance with any permits required and with any provisions
of this franchise. Procedures for submission and release of the bond shall be as provided by City
Code. In the event that the Franchisee fails to perform as required herein or by any permits required,
the City may perform the work as provided herein, and may have recourse to the bond in addition to
or in lieu of the remedies provided herein, at the City's sole discretion. Franchisee shall be entitled
to return of the bond, or portion thereof, as remains sixty (60) days after the expiration of the term of
the Franchise, provided the City has not notified Franchisee of any actual or potential damages
incurred as a result of Franchisee's operations pursuant to the Franchise or as a result of default
thereunder.
Ordinance No. 13 -738 Page 14 of 23
Section 24. General Provisions
24.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Franchise and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
24.2 Modification. No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the Parties.
24.3 Assignment. Franchisee shall not have the right to transfer or assign, in whole or in
part, any or all of its obligations and rights hereunder without the prior written consent of the City.
Any assignee shall, within thirty (30) days of the date of any approved assignment, file written notice
of the assignment with the City together with its written acceptance of all terms and conditions of
this Franchise. Notwithstanding the foregoing, Franchisee shall have the right, without such notice or
such written contest, to mortgage its rights, benefits and privileges in and under this Franchise to the
Trustee for its bondholders, and to assign to an affiliate as part of a corporate reorganization.
24.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of
any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or
any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of
an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all
reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise
shall be King County, Washington.
24.5 No Waiver. Failure of either party to declare any breach or default by the other party
immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall
not waive such breach or default, but such party shall have the right to declare any such breach or
Ordinance No. 13 -738 Page 15 of 23
default at any time. Failure of either party to declare one breach or default does not act as a waiver of
such party's right to declare another breach or default.
24.6 Governing Law. This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
24.7 Authority. Each individual executing this Franchise on behalf of the City and
Franchisee represents and warrants that such individual is duly authorized to execute and deliver this
Franchise on behalf of the Franchisee or the City.
24.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee
to the City shall be delivered to the parties at the following addresses:
Franchisee:
Zayo Group, LLC
400 Centennial Pkwy
Suite 200
Louisville, CO 98117
Attn: General Counsel, ZFTI
City:
City of Federal Way
Attn: City Attorney
33325 8th Avenue South
Federal Way, WA 98003
Any notices may be delivered personally to the addressee of the notice or may be deposited in
the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the
United States mail shall be deemed received three (3) days after the date of mailing.
24.9 Captions. The respective captions of the sections of this Franchise are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect in any respect
any of the provisions of this Franchise.
24.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise
are not intended to be exclusive but shall be cumulative with all other remedies available to the City
at law, in equity or by statute.
Ordinance No. 13 -738 Page 16 of 23
Section 25. Severability
If any section, sentence, clause, or phrase of this Franchise 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
Franchise.
Section 26. Ratification
Any act consistent with the authority and prior to the effective date of this Franchise is hereby
ratified and affirmed.
Section 27. Effective Date
This Franchise shall take effect and be in full force thirty (30) days after its passage and
publication, according to law (see Effective Date below).
PASSED by the City Council of the City of Federal Way this 19th day of February, 2013.
ATTEST:
vug-LM
C
CITY CLERK, CAROL CNEILJ.,Y, CMC
AP OVED AS T ORM:
CITY A EY, PATRICIA A.
Ordinance No. 13 -738
CITY OF EDERAL WAY
MAYOR, S P PRIEST
CHARDSON
Page 17 of 23
FILED WITH THE CITY CLERK: 1 -29 -2013
PASSED BY THE CITY COUNCIL: 2 -19 -2013
PUBLISHED: 2 -22 -2013
EFFECTIVE DATE: 3 -25 -2013
ORDINANCE NO. 13 -738
Ordinance No. 13 -738 Page 18 of 23
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted License and
acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions
and obligations contained therein.
DATED this day of , 2013.
By:
Its:
Ordinance No. 13 -738 Page 19 of 23
Map Date: 1/42013
C l ty of City of Federal Way
33325 8th Ave S
Federal Way ZAYO FRANCH SE AREA Federal Way, Wa.98003
(P) 253.835 -7000
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Ordinance No. 13 -738
Page 20 of 23
EXHIBIT B
CITY OF FEDERAL WAY
PERFORMANCE BOND FOR
RIGHT OF WAY FRANCHISE AGREEMENT
KNOW ALL PEOPLE BY THESE PRESENTS:
We, the undersigned Zayo, ( "Principal ") and , the undersigned
corporation organized and existing under the laws of the State of and legally doing
business in the State of Washington as a surety ( "Surety "), are held and firmly bound unto the City of
Federal Way, a Washington municipal corporation, ( "City ") in the penal sum of One Hundred
Thousand Dollars and no/100 ($100,000.00) for the payment of which we firmly bind ourselves and
our legal representatives, heirs, successors and assigns, jointly and severally.
This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances,
regulations, standards and policies of the City, as now existing or hereafter amended or adopted.
The Principal has entered into an Agreement with the City dated to occupy rights -of-
way of the City of Federal Way, Washington within the specified Franchise Area for the purposes of
installation, operation, maintenance and repair of its Fiber Optic fixtures and related equipment,
cables, accessories and improvements in a portion of the rights -of -way within and through the City
of Federal Way.
NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the
manner and within the time period prescribed by the City, or within such extensions of time as
may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and
material men or women, and all persons who shall supply the Principal or subcontractors with
provisions and supplies for the carrying on of said work, and shall hold the City, their officials,
agents, employees and volunteers harmless from any loss or damage occasioned to any person or
property by reason of any carelessness or negligence on the part of the Principal, or any
subcontractor in the performance of said work, and shall indemnify and hold the City harmless
from any damage or expense by reason of failure of performance as specified in the Agreement,
or from defects appearing or developing in the material or workmanship provided or performed
under the Agreement within the period not less than the term of the Agreement.
And the Surety, for value received, hereby further stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder
or the specifications accompanying the same shall in any way affect its obligation on this bond, and it
does hereby waive notice of any change, extension of time, alterations or additions to the terms of the
Agreement or to the Work.
Ordinance No. 13 -738 Page 21 of 23
Within forty -five (45) days of receiving notice that the Principal has defaulted on all or part of the
terms of the Agreement, the Surety shall make a written commitment to the City that it will either:
(a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount
necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the
event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the
City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to
interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has
elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be
reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the
Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety
of its actual costs. The City shall return, without interest, any overpayment made by the Surety and
the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond
amount. Should the Surety elect option (c), the Parties shall first complete participation in
mediation, described in the below paragraph, prior to any interplead action.
In the event a dispute should arise between the Parties to this Bond with respect to the City's
declaration of default by the Principal, the Parties agree to participate in at least four hours of
mediation in accordance with the mediation procedures of United States Arbitration and Mediation
( "USA &M "). The Parties shall proportionately share in the cost of the mediation. The mediation
shall be administered by the Seattle USA &M office, 4300 Two Union Square, 601 Union Street,
Seattle, Washington 98101 -2327. The Surety shall not interplead prior to completion of the
mediation.
DATED this day of
, 20_
COMPANY NAME
By:
(Name of Person Executing Bond)
Its:
(Title)
(Address)
(Phone)
Ordinance No. 13 -738 Page 22 of 23
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me , to me known to be the
of that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said limited liability
company, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized
to execute said instrument.
GIVEN my hand and official seal this day of , 20_.
CORPORATE SEAL OF SURETY:
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
(typed /printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
SURETY
By:
Attorney -in -Fact
(Attach Power of Attorney)
(Name of Person Executing Bond)
(Address)
(Phone)
Ordinance No. 13 -738 Page 23 of 23
ORDINANCE NO. 14 -773
AN ORDINANCE of the City of Federal Way, Washington,
amending the nonexclusive franchise granted to Zayo Group,
LLC, to occupy rights -of -way of the City of Federal Way,
Washington, within, the specified franchise area for the public of
installing fiber optic network within the through the City of
Federal Way (Amending Ord. No. 13 -738).
WHEREAS, Zayo Group, LLC ( "Zayo") is the owner of a fiber optic network located within
specific public rights -of -way throughout the City of Federal Way ( "the Franchise Area "); and
WHEREAS, the City Council of Federal Way on February 19, 2013 adopted Ordinance No.
13 -738 granting Zayo a franchise for the installation of fiber optic within the Franchise Area; and
WHEREAS, Zayo has negotiated a Conduit Space Lease Agreement with the City for
installation of additional fiber optic cables that will directly benefit the residents of Federal Way; and
WHEREAS, Zayo and the City wish to amend the franchise adopted in Ordinance No. 13-
738 to clarify Section 2 and to extend the term of the Franchise to coincide with the term of the
Conduit Space Lease Agreement;
WHEREAS, the City Council of Federal Way finds that it is in the public interest to amend
such franchise; and
WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive
franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires
and appurtenances for transmission of signals and other methods of communications; and
WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves
such other powers and authorities granted to Washington code cities by general law;
Ordinance No. 14 -773 Page 1 of 5
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendment of Franchise Contained in Ordinance No. 13 -738
A. Section 2.1 of Ordinance No. 13 -738 is hereby amended as follows:
2.1 Grant of Franchise.
The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area
for the limited purpose of constructing, excavating, installing, maintaining, restoring, and repairing
Facilities within the Franchise Area. This franchise is specifically limited to the right for Franchisee
to install Facilities owned and operated by Franchisee. This franchise does not permit Franchisee to
lease, rent, or otherwise allow use of conduits, space or capacity provided by the Facilities to other
third -party telecommunications providers except as allowed by Section 2.2, below, and Franchisee
covenants and agrees that it will not do so.
B. Section 4 of Ordinance No. 13 -738 is hereby amended as follows:
Section 4. Term
Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this
Franchise shall be- fer-a- per -i - of rr(4 O ) years er nmiehe' ° ° = tte -ofthi e
expire on August 31, 2024 ( "Term "), unless terminated earlier pursuant to this Franchise or other
applicable law.
Section 2. Remainder of Franchise Ordinance Unaffected
Except as amended in Section 1 above, the remainder of Ordinance No. 99 -359 shall he
unaffected, and its provisions shall remain in full force and effect.
Ordinance No. 14 -773 Page 2 of 5
Section 3. Severability
If any section, sentence, clause, or phrase of this Franchise 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
Franchise.
Section 4. Corrections
The City Clerk and the codifiers of this ordinance are authorized to make necessary
corrections to this ordinance including, but not limited to, the correction of scrivener /clerical
errors, references, ordinance numbering, section /subsection numbers and any references thereto.
Section 5. Ratification
Any act consistent with the authority and prior to the effective date of this Franchise is hereby
ratified and affirmed.
Section 6. Effective Date
This Franchise shall take effect and be in full force thirty (30) days after its passage and
publication, according to law (see Effective Date below).
PASSED by the City Council of the City of Federal Way this 2nd day of September, 2014,
CITY OF FEDERAL WAY
ATTEST:
jF.
Y CITY CLERK, STE
Ordinance No. 14 -773
Page 3 of 5
APPROVED AS TO FORM:
IN "PERTH
'Y ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK: 08 -05 -2014
PASSED BY THE CITY COUNCIL: 09 -02 -2014
PUBLISHED: 09 -05 -2014
EFFECTIVE DATE: 10 -02 -2014
ORDINANCE NO. 14 -773
Ordinance No. 14 -773 Page 4 of 5
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the Franchise as amended
above, and acknowledges that such rights and privileges are subject to and limited by all of the terms,
conditions and obligations contained above and in Ordinance No. 13 -738.
By:
Its:
DATED this l day of , 2014.
Ordinance No. 14 -773 Page 5 of 5