LUTC PKT 04-02-2018 Committee Members City Staff
Mark Koppang, Chair Marwan Salloum P.E., Public Works Director
Jesse E. Johnson, Member Mercedes Tenuta, Administrative Assistant II
Hoang V. Tran, Member (253) 835-2701
City of Federal Way
City Council
Land Use & Transportation Committee
April 2, 2018 City Hall
5:00 p.m. Council Chambers
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes each)
3. COMMITTEE BUSINESS
Topic
Title/Description
Presenter
Page
Action
or Info
Council Date
Time
A. Approval of Minutes: March 12, 2018 Tenuta 3 Action N/A 5 min
B. Demolition of Structures at 36818 8th Ave S –
Project Acceptance
Doucette 7 Action April 17, 2018
Consent
5 min
C. RESOLUTION: Authorization to Apply for
WWRP Grant Funding
Doucette 9 Action April 17, 2018
Consent
5 min
D. Memorandum of Understanding for a Surface
Water Easement and Funding for the S 336th
St Water Quality Facility at Highway 99
Doucette 15 Action April 17, 2018
Consent
5 min
E. Marine Hills Stormwater Conveyance System
Repair Phase II – Project Acceptance
Tang 25 Action April 17, 2018
Consent
5 min
F. King County Historic Preservation ILA
Van De
Weghe
27 Action April 17, 2018
Consent
5 min
G. City Center Street Light Banners – Bid Award
Winkler 35 Action April 17, 2018
Consent
5 min
4. OTHER
5. FUTURE MEETINGS/AGENDA ITEMS:
The next LUTC meeting will be Monday, May 7, 2018 at 5:00 p.m. in City Hall Council Chambers.
6. ADJOURNMENT
. This page left blank intentionally.
2
Committee Members City Staff
Mark Koppang, Chair Marwan Salloum P.E., Public Works Director
Hoang V. Tran, Member Mercedes Tenuta, Administrative Assistant II
Jesse E. Johnson, Member (253) 835-2701
City of Federal Way
City Council
Land Use & Transportation Committee
March 12, 2018 City Hall
5:00 p.m. Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Mark Koppang, Committee member Jesse Johnson, and
Committee member Hoang Tran.
Councilmembers in attendance: Deputy Mayor Susan Honda
Staff in Attendance: Public Works Director Marwan Salloum, Community Development Director Brian Davis, Deputy Public
Works Director EJ Walsh, Deputy Public Works Director/Street Systems Manager Desireé Winkler, Deputy City Attorney Mark
Orthmann, City Attorney Eric Rhoades, Planning Manager Robert “Doc” Hansen, City Traffic Engineer Rick Perez, Senior
Traffic Engineer Erik Preston, Street Systems Engineer Jeff Huynh, SWM Project Engineer Tony Doucette, Water Quality
Coordinator Mindi English, and Administrative Assistant II Mercedes Tenuta.
1.CALL TO ORDER: Chair Koppang called the meeting to order at: 5:00 p.m.
2.PUBLIC COMMENT: There were no public comments.
3.COMMITTEE BUSINESS:
Topic Title/Description
A.Approval of Minutes: February 5, 2018
Committee approved the February 5, 2018 LUTC minutes as presented.
•Moved: Johnson
•Seconded: Tran
•Passed: 3-0 Unanimously
B.Wildwood ’17 NTS; 19th Ave S – 20th Way S (S 290th St to S 294th Pl)
Senior Traffic Engineer, Erik Preston, presented a general background regarding the Neighborhood Traffic
Safety (“NTS”) Program and gave a brief outline of its process.
Mr. Preston presented the Wildwood ’17 NTS area with a map and explained that a petition was submitted in
August 2017 and met the minimum criteria based on data collected in September 2017. A community meeting
was held in November 2017 with 15 attendees that expressed concerns pertaining to speeding and safety.
Mr. Preston outlined the traffic calming device options considered, the ballot results, and the budget availability.
Mr. Preston, Deputy Mayor Honda, and Chair Koppang held a brief discussion regarding the parking restrictions
and City-maintained vegetation trimming being implemented for sight distance and safety.
Committee forwarded Option #1 (Authorize the installation of four (4) Speed Humps on 19th Ave
S – 20th Way S and 20th Ave S) to the March 20, 2018 Council Consent Agenda for approval.
•Moved: Tran
•Seconded: Johnson
•Passed: 3-0 Unanimously
DRAFT
3
Committee Members City Staff
Mark Koppang, Chair Marwan Salloum P.E., Public Works Director
Hoang V. Tran, Member Mercedes Tenuta, Administrative Assistant II
Jesse E. Johnson, Member (253) 835-2701
C.2018 Asphalt Overlay Project - Bid Award
Street Systems Engineer, Jeff Huynh, presented the overlay project locations with a map, its available funding
along with the estimated project costs with a budget shortfall of $11,352.00. In order to stay within the available
budget, staff recommends removal of Schedule D, and award Schedules A-C. Mr. Huynh outlined the estimated
project cost for Schedules A-C, which is within budget.
Committee members Johnson and Tran asked clarifying questions regarding the budget shortfall and reason
behind which schedule to remove. Public Works Director Marwan Salloum clarified that the overlay projects are
typically designed over budget due to the unknown bidding climates each year. The projects are deleted or kept
based on how much can get accomplished within the available budget and if there is any savings with the other
schedules (A-C), all or part of Schedule D may be able to be completed.
Committee forwarded Option #1 (Award Schedules A, B and C of the 2018 Asphalt Overlay
Project to Tucci and Sons, Inc., the lowest responsive, responsible bidder, in the amount of
$1,384,071 and approve a 1.77% contingency of $24,498 for a total of $1,408,569 and
authorizes the Mayor to execute the contract) to the March 20, 2018 Council Consent Agenda for
approval.
•Moved: Johnson
•Seconded: Tran
•Passed: 3-0 Unanimously
D.NPDES Annual Report and Stormwater Management Program Update
Water Quality Coordinator, Mindi English, gave a brief background about what stormwater is, what the National
Pollutant Discharge Elimination System (“NPDES”) program is, and the difference between Phase I and Phase II
permits. Ms. English explained that Federal Way falls under Phase II and outlined the requirements and
conditions which include public education & outreach, public involvement and participation, Illicit Discharge
Detection and Elimination (“IDDE”), controlling runoff from developments and construction sites, municipal
operations and maintenance, and monitoring. The only item left is submission of the annual report to the
Department of Ecology (“DOE”) by March 31, 2018 in order to satisfy the City’s permit obligations.
Ms. English, Deputy Mayor Honda, Chair Koppang, Committee member Tran, and Public Works Director Marwan
Salloum held a brief discussion regarding who performs inspections, the public availability of the report, what it
would mean for staff if Federal Way were to become a Phase I city, and the potential for phase criteria changes
coming from DOE.
Committee forwarded Option #1 (Approve the 2018 Annual Report and SWMP documents and
authorize the Mayor to submit documents to the Department of Ecology by March 31st to satisfy
the City’s NPDES Permit obligations) to the March 20, 2018 Council Consent Agenda for approval.
•Moved: Tran
•Seconded: Johnson
•Passed: 3-0 Unanimously
E.2018 Storm Drain CCTV Inspection and Assessment – 85% Design Status Report and
Authorization to Bid
SWM Project Engineer, Tony Doucette, explained the project objective to include contracting video inspection
focused on local and collector roadways and provide conditional asset assessment to inventory asset conditions.
Mr. Doucette outlined the progress to date, ongoing tasks, schedule, and available funding with recommended
schedules as well as expenditures.
Mr. Doucette, Committee member Johnson and Chair Koppang held a brief discussion regarding the
prioritization of the areas and how effective the cured-in-place process is on corrugated steel piping.
Committee forwarded Option #1 (Authorize staff to proceed with design and bid of all or part of
the proposed 2018 Storm Drain CCTV Inspection and Assessment Project and return to LUTC and
4
Committee Members City Staff
Mark Koppang, Chair Marwan Salloum P.E., Public Works Director
Hoang V. Tran, Member Mercedes Tenuta, Administrative Assistant II
Jesse E. Johnson, Member (253) 835-2701
Council for authorization to award the project within the available project budget to the lowest
responsive, responsible bidder) to the March 20, 2018 Council Consent Agenda for approval.
•Moved: Johnson
•Seconded: Tran
•Passed: 3-0 Unanimously
F.Submittal of Transportation Grant Applications
Deputy Public Works Director/Street Systems Manager, Desireé Winker, presented the various grant funds
available, their respective potential projects as listed below, along with project cost and required City match.
Puget Sound Regional Council (PSRC) (Federal)
•Asphalt Overlay SW 320th St (11th Ave SW to 3rd Pl SW)
•Asphalt Overlay SW 356th St (15th Ave SW to 4th Pl SW)
•Adaptive Signal Control System – Phase 3 Citywide (Design & Construction)
•Pacific Hwy S – Non-Motorized Corridor (16th Ave S – S 308 to S 288th St) Design
WSDOT Safe Routes to School (SRTS)
•Lakota Middle School SR 509:21st Ave SW – SW 312th St (Design & Construction)
•Sacajawea Middle School: SR 509: 550 ft. west of 11th Pl S to 350 ft. east of 11th Pl S
(Design & Construction)
City Safety Program (Federal)
•Run off road/Hit fixed object Remediation (signage, guardrail, high friction surface) – locations to be
determined (Design & Construction)
•SW Dash Point Rd and 47th Ave SW Compact Roundabout (Design & Construction)
Ms. Winkler, Committee members, and Deputy Mayor Honda held a brief discussion regarding how City match
is determined for each grant, what the adaptive signal control system is and its phases in relation to funding, and
what funding sources make up the Sacajawea SRTS City match.
A brief conversation was held between Deputy Mayor Honda and City Traffic Engineer Rick Perez with regard to
the SRTS program and if there has been an improvement in safety. Mr. Perez indicated the program is more of
a risk-based solution that is pursued due to the number of streets without sidewalks.
Committee forwarded Option #1 (Authorize staff to submit grant funding applications under the
2018 PSRC – STP/CMAQ, Safe Routes to Schools, and Highway Safety Improvement Program
grant programs) to the March 20, 2018 Council Consent Agenda for approval.
•Moved: Tran
•Seconded: Johnson
•Passed: 3-0 Unanimously
G.Grant of $25,000 Offered to the City of Federal Way for the Completion of the Periodic Review of
the Shorelines Master Program
Planning Manager, Robert “Doc” Hansen, gave a brief background regarding the Shoreline Management Act
(SMA) requirement of a review of the City’s adopted Shorelines Management Program every 7 years and a
periodic update due by June 30, 2019. The City of Federal Way was offered $25K to use in the completion of the
review with the requirement of a quarterly report due to DOE.
Committee forwarded the Mayor’s recommendation to accept the $25,000 grant from DOE to aid
in completing the mandated Shorelines Management Program periodic review to the
March 20, 2018 Council Consent Agenda for approval.
•Moved: Johnson
•Seconded: Tran
•Passed: 3-0 Unanimously
5
Committee Members City Staff
Mark Koppang, Chair Marwan Salloum P.E., Public Works Director
Hoang V. Tran, Member Mercedes Tenuta, Administrative Assistant II
Jesse E. Johnson, Member (253) 835-2701
H.Community Development Department Workload
Community Development Director, Brian Davis, explained that the Community Development Department is
made up of Building, Planning and Human Services divisions. The workload issues being presented for
informational purposes focused mainly around the Building and Planning divisions.
Mr. Davis explained the workload is essentially broken up into two categories:
1.Permits (short-term) – items currently being worked on and do not require any long-range analysis.
2.Long-range -
The workload items presented pertaining to Permits included the 3,000 annual permits, Greenline Warehouses
/ Business Park / Wetlands Bank, Davita, Affinity Senior Apartments, Downtown Hotel, and multiple elementary
schools.
The workload items presented pertaining to long-range projects in process included Sound Transit, TC
Redevelopment, Self-storage analysis, Re-evaluation of Docket process, Critical Areas Code update, FEMA Flood
plain audit, shoreline ordinance update, historic preservation ILA, and code process update.
The workload items presented as “On Hold” included housing demand analysis, PAEC View Corridor, Subdivision
Open Space requirements, Sign Code Update, Twin Lakes Subarea Plan.
The workload items presented as “Requested” included Spring Valley Zone change remand, Day Center zoning,
Shopping Cart ordinance, Camp Kilworth, and the Rental Inspection Program.
Mr. Davis briefly touched on the vacancy for an inspector position that has been open for approximately a month
and unable to be filled potentially because of the wage being below market rate. This in turn ties in with the need
for the supervisor of the inspection unit to have to fill in for the vacancy.
Mr. Davis, Public Works Director Marwan Salloum, Committee members, and Deputy Mayor Honda held a robust
discussion regarding the Sound Transit liaison position and its qualifications and salary compared to other
municipalities, the general timeline for issuing permits, how staffing levels would affect workload, the school
district’s bond pending evaluation related to improvements vs. rebuilding, the gap surrounding position
vacancies, and the school impact fee formula and the potential for improved implementation and fee review.
4.OTHER
5.FUTURE MEETINGS/AGENDA ITEMS:
The next LUTC meeting will be held on Monday, April 2, 2018 at 5:00 p.m. in City Hall Council Chambers.
6.ADJOURNMENT: The meeting was adjourned at: 6:41 p.m.
Attest: Approved by Committee:
Mercedes Tenuta, Administrative Assistant II
6
COUNCIL MEETING DATE: April 17 , 2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: DEMOLITION OF STRUCTURES AT 36818 8TH A VE S-PROJECT ACCEPTANCE
POLICY QUESTION: Should the Council accept the Demolition of Structures at 36818 81h Ave S Project
completed by Woodland Industries General Contracting, Inc. as complete?
COMMITTEE: Land Use and Transportation
CATEGORY:
cgj Consent
D City Council Business
D Ordinance
D Resolution
STAFF REPORT BY: Tony Doucette, P .E., SWM Proj ect Eng ineer "tD
MEETING DATE: April 2, 2018
D
D
Public Hearing
Other
DEPT: Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated April 2, 2018.
Options Considered:
I. Authorize project acceptance of the Demolition of Structures at 36818 8111 Ave S Project completed by
Woodland Industries General Contracting, Inc. in the amount of $31 ,847.78 as complete.
2 . Do not authorize project acceptance of the Demolition of Structures at 36818 81h Ave S Project
completed by Woodland Industries General Contracting, Inc. as complete and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the April 17, 2018 Council
Consent Agenda for a ppr I.
COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the April 17, 2018 City
Council Consent Agenda for approval.
Ma rk Kopp ang , Co mmi ttee C ha ir Jesse John so n, CommHtee Mem be r Hoa ng Tran, Com mi ttee Memb e r
PROPOSED COUNCIL MOTION: "I move to approve project acceptance of the Demolition of Structures at
36818 81
h Ave S Project completed by Woodland Industries General Contracting, Inc., in the amount of
$31,847.78 as complete."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
D DENIED
D TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVIS ED-12/2017
7
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE:
TO:
VIA:
FROM:
SUBJECT:
April 2, 2018
CITY OF FEDERAL WAY
MEMORANDUM
Land Use & Transportation Committee
Jim Ferrell, Mayor t\~ ~
Marwan Salloum, P.E., Public Works Director~
Tony Doucette, P.E., SWM Project Engineer fl>
Demolition of Structures at 36818 8th Ave S -Project Acceptance
BACKGROUND:
Prior to release ofretainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The Demolition of Structures at 36818 8th Ave S project contract with Woodland
Industries General Contracting, Inc., is complete. The final construction contract amount is $31,847.78.
This is $21,502.22 below the $53,350.00 (including contingency) budget that was approved by the City
Council on September 5, 2017.
cc: Project File
8
COUNCIL MEETING DATE: April 17, 2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RESOLUTION: AUTHORIZATION TO APPLY FOR WWRP GRANT FUNDING
POLICY QUESTION: Should the City Council authorize staff to apply for the 2018 cycle of Washington Wildlife
Recreation Program grants?
COMMITTEE: Land Use and Transportation
CATEGORY:
~ Consent
D City Council Business
D Ordinance
~ Resolution
MEETING DATE: April 2, 2018
D
D
Public Hearing
Other
STAFF REPORT BY: Tony Doucette, P.E., SWM Project Engineer DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated April 2, 2018.
Resolution to Authorize the Mayor to submit application
Options Considered:
1. Authorize staff to apply for the 2018 cycle of Washington Wildlife Recreation Program grants and
approve the attached resolution of authorization to submit the grant.
2. Do not authorize staff to apply for the 2018 cycle of Washington Wildlife Recreation Program grants and
provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 17 , 2018 Council
Consent Agenda for appr val.
COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the April 17, 2018
Council Consent Agenda for approval.
Mark Koppang, Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the application for the 2018 cycle of
Washington Wildlife Recreation Program grants and approve the attached resolution of authorization to
submit the grant. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
D DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVIS ED -12/20 I 7
9
COUNCIL BILL #
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
DATE:
TO:
VIA:
FROM:
SUBJECT:
April 2, 2018
CITY OF FEDERAL WAY
MEMORANDUM
Land Use & Transportation Committee
Jim F errell, Mayor \ '-__.,,.
Marwan Salloum, P .E., Public Works Director~
Tony Doucette, P .E ., SWM Project Engineer
Authorization to Apply for WWRP Grant Funding
BACKGROUND:
The Washington Wildlife Recreation Program (WWRP) provides funding for a broad range of land
protection and outdoor recreation. WWRP was envisioned as a way for the state to acquire valuable
recreation and habitat lands before they were lost to other uses and to develop recreation areas for a
growing population. Grants are available in 12 different categories and applications for funding are
accepted on even years from local agencies, state agencies, special purpose districts, and nonprofits.
Surface Water Management (SWM) staff are requesting authorization to submit an application for
funding in the 2018 application cycle to use for East Hylebos Watershed conservation property
acquisition.
Two of the 12 categories evaluated for funding are Urban Wildlife Habitat and Riparian Projection and
eligible projects within both categories include land acquisition. The East Hylebos Watershed
conservation project fits within both categories and neither category has a maximum grant amount
associated with land acquisition. Local agencies are required to provide a 50 percent match to any funding
award and matching funds may include state and local grants, appropriations or cash and donations. In
the City's case, $2 million of matching funds are available from the City's $1 million award from FY
2018 Conservation Futures Tax Levy ( CFT) funds and from SWM' s $1 million capital improvement
project for East Hylebos Watershed conservation property acquisition. Applications for the 2018 cycle
are due May 1, 2018 and Forterra, the City's consultant for the project, will assist drafting the application.
The application process includes a requirement that organizations submit an applicant
resolution/authorization form that shows the application is supported by elected officials.
Encl: Applicant Resolution/ Authorizatio n Fo rm
cc : Project File
10
Recreation and Conservation Office
Applicant Resolution/ Authorization
Organization Name (sponsor) ________________________ _
Resolution No. (if appl icabl e) _______________________ _
Project(s) Number(s), and Name(s) ----------------------
This resolution/authorization authorizes the person identified below (in section 2) to act as the authorized
representative/agent on behalf of our organization and to legally bind our organization with respect to the
above Project(s) for which we seek grant funding assistance managed through the Recreation and
Conservation Office (Office).
WHEREAS, state grant assistance is requested by our organization to aid in financing the cost o~ the Project(s)
referenced above;
NOW, THEREFORE, BE IT RESOLVED that
1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the
above "Project(s)."
2. [insert
' l#'t' .,. • if
N'AfilEA NII!]ITl£·OFAdTH<iRtZED f.lEP RES ENTATTVE/A GENT] is authorized to act as a representative/agent for our
organization with full authority to bind the organization regarding all matters related to the Project(s),
including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2)
enter into a project agreement(s) on behalf of our organization, (3) sign any amendments thereto on
behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s),
and (5) designate a project contact(s) to implement the day-to-day management of the grant(s).
3. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's
WEBSITE at: https://rco.wa .gov/documents/manua!s&forms/SampleProiAgreement.pdf. We understand
and acknowledge that if offered a project agreement to sign in the future, it will contain an
indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of sovereign
immunity (applicable to Tribes) and other terms and conditions substantially in the forrn contained in the
sample project agreement and that such terms and conditions of any signed project agreement shall be
legally binding on the sponsor if our representative/agent enters into a project agreement on our behalf.
The Office reserves the right to revise the project agreement prior to execution and shall communicate
any such revisions with the above authorized representative/agent before execution.
4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized
representative/agent has full legal authority to enter into a project agreement(s) on its behalf, that
includes indemnification, \1)/ciiver of sovereign immunity (as may apply to Tribes), and stipulated legal
venue for lawsuits and other terms substantially in the form contained in the sample project agreement or
as may be revised prior to execution.
5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with
the Office is purely voluntary on our part.
11
6. Our organization understands that grant policies and requirements vary depending on the grant program
applied to, the grant program and source of funding in the project agreement, the characteristics of the
project, and the characteristics of our organization.
7. Our organization further understands that prior to our authorized representative/agent executing the
project agreement(s), the RCO may make revisions to its sample project agreement and that such
revisions could include the indemnification, the waiver of sovereign immunity, and the legal venue
stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the project
agreement(s), confer with our authorized representative/agent as to any revisions to the project
agreement from that of the sample project agreement. We also acknowledge and accept that if our
authorized representative/agent executes the project agreement(s) with any such revisions, all terms and
conditions of the executed project agreement (including but not limited to the indemnification, the waiver
of sovereign immunity, and the legal venue stipulation) shall be conclusively deemed to be executed with
our authorization.
8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable
and necessary to implement the project(s) referenced above.
9. Our organization acknowledges and warrants, after conferring with its legal counsel, that no additional
legal authorization beyond this authorization is required to make the indemnification, the waiver of
sovereign immunity (as may apply to Tribes), and the legal venue stipulation substantially in form shown
on the sample project agreement or as may be revised prior to execution legally binding on our
organization upon execution by our representative/agent.
10. (Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant, we
understand our organization must certify the availability of match at least one month before funding
approval. In addition, our organization understands it is responsible for supporting all non-cash matching
share commitments to this project should they not materialize.
11. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us
on only a reimbursement basis. We understand reimbursement basis means that we will only request
payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may
also determine an amount of retainage and hold that amount until the Project is complete.
12. [Acquisition Projects On(y] Our organization acknowledges that any property acquired with grant
assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in
writing by our organization and the Office. We agree to dedicate the property in a signed "Deed of Right"
for fee acquisitions, or an "Assignment of Rights" for other than fee acquisitions (which documents will be
based upon the Office's standard versions of those documents), to be recoroed on the title of the property
with the county auditor.
13. [Acquisition Projects Only] Our organization acknowledges that any property acquired in fee title must be
immediately made available to the public unless otherwise provided for in policy, the project agreement,
or authorized in writing by the Office Director.
14. [Development, Renovation, Enhancement, and Restoration Projects Only-If your organization owns the
propertyl Our organization acknowledges that any property owned by our organization that is developed,
renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in
perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the project
agreement or an amendment thereto.
15. [Development, Renovation, Enhancement, and Restoration Projects Only-If your organization DOES
NOT own the propertyl Our organization acknowledges that any property not owned by our
organization that is developed, renovated, enhanced, or restored with grant assistance must be
dedicated for the purpose of the grant as required by grant program policies unless otherwise
provided for per the proje<::t agreement or an amendment thereto.
12
16. [Only for Projects located in Water Resources Inventory Areas 1 -19 that are applying for funds from the
Critical Habitat, Natural Areas, State Lands Restoration and Enhancement, Riparian Protection, or Urban
Wildlife Habitat grant categories; or the Puget Sound Acquisition and Restoration program, or a Salmon
Recovery Funding Board approved grant] Our organization certifies the following: the Project does not
conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW
90.71.310.
17. This resolution/authorization is deemed to be part of the formal grant application to the Office.
18. Our organization warrants and certifies, after conferring with its legal counsel, that this
resolution/authorization was properly and lawfully adopted following the requirements of our
organization and applicable laws and policies and that our organization has full legal authority to commit
our organization to the warranties, certifications, promises and obligations set forth herein.
[Native American Tribes, Local Governments, and Nonprofit Organizations Only] This application authorization
was adopted by our organization during the meeting held:
Location ____________________________ _
Date ____________ _
[All Applicants] Signed and approved on behalf of the resolving body of the organization by the following
authorized member(s):
Signed _______________________________ _
Title ________________ Date _______________ _
Washington State Attorney General's Office
~v~ Approved as to form ----------------=l/-=1=9'-"/1=8'--------
Assistant Attorney General Date
You may reproduce the above Language in your own format; text however may not change.
13
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14
COUNCIL MEETING DATE: April 17, 2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: MEMORANDUM OF UNDERSTANDING FOR A SURFACE WATER EASEMENT AND FUNDING FOR THE
S 336m ST WATER QUALITY FACILITY AT HIGHWAY 99.
POLICY QUESTION: Should the City Council authorize the Mayor to enter into a Memorandum of
Understanding (MOU) for a Surface Water Easement and Funding for the S 336th Street Water Quality Facility
at Highway 99?
COMMITTEE: Land Use and Transportation
CATEGORY:
~ Consent
D City Council Business
D Ordinance
D Resolution
STAFF REPORT BY: Tony-Doucette, P.E., SWM Project Engineer11>
MEETING DATE: April 2, 2018
D
D
Public Hearing
Other
DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated April 2, 2018.
Options Considered:
1. Authorize the Mayor to enter into a MOU for a Surface Water Easement and Funding for the S 336th
Street Water Quality Facility at Highway 99.
2. Do not authorize the Mayor to enter into a MOU for a Surface Water Easement and Funding for the S
336th Street Water Quality Facility at Highway 99 and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 17, 2018 Council
Consent Agenda for approval.
COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the April 17, 2018
Council Consent Agenda for approval.
Mark Koppang , Committee Chair Jesse Johnson, Committee Member Hoang Tran , Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to enter into an MOU for a Surface Water
Easement and Funding for the S 3361
" St Water Quality Facility at Highway 99."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
D DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED-12/2017
15
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION #
DATE:
TO:
VIA:
FROM:
SUBJECT:
April2,2018
CITY OF FEDERAL WAY
MEMORANDUM
Land Use & Transportation Committee
Jim Ferrell, Mayor ,\... .,,
Marwan Salloum, P.E., Public Works Director ~
Tony Doucette, P.E., SWM Project Engineer
Memorandum of Understanding for a Surface Water Easement and Funding for the
S 336th St Water Quality Facility at Highway 99
BACKGROUND:
The City's 1996 Comprehensive Surface Water Management Plan proposed two capital improvement
projects at the northwest corner of S 336th Street and Highway 99, projects SEA-03 and SEA-04, that
included a pre-settling basin, re-grading the channel, replacing the inlet structure, and incorporating a
low-flow diversion and infiltration trench. The City did not construct projects SEA-03 and SEA-04 and
incorporate d a revi sed water quality facility project in the 2014 Surface Water Management (SWM)
Capital Improvement Plan (CU'), Project # l 3, the S 336th Street Water Quality Facility at Highway 99 (S
336"1 St WQ Project). Exhibit A describes the proposed project and the proposed schedule of the S 336th
St WQ Project was to acquire property in 2019, design the project in 2020, and construct the project in
2021 .
City staff began coordinating with the property owner and learned that the Owner desired to expand
development on the property and grant the City an easement rather than sell the undeveloped portion of
the parcel. The City worked with the property owner and proposed a revised scope of the S 336th St WQ
Project, shown ih Exhibit B, to meet the project goals and still fit within the available footprint by
incorporating an underground water quality facility and storm drain conveyance. In addition to granting
the City an easement on the property, the Owner is willing to fund a portion of the design and
construction costs. SWM staff are seeking authorization from Council for the Mayor to enter into a
Memorandum of Understanding (MOU) with the Owner to negotiate the easement and funding details for
the project. Once the MOU has been signed by both parties, the City will begin design and permitting
and return to Committee and Council for project updates.
Encl : Memorandum of Understanding
Exhibit A-2014 SWM CIP Project #13
Exhibit 8 -Revised S 3361h St Water Quality Facility at Hwy 99 Project Map
cc : Project File
16
MEMORANDUM OF UNDERSTANDING BETWEEN
NYH PROPERTIES, LLC AND
THE CITY OF FEDERAL WAY
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this _ day of
_____ 2018 by and between the City of Federal Way ("City"), a Washington municipal
corporation, and NYH Properties, LLC, ("Owner"), a Washington limited liability company,
collectively referred to as the "Parties."
RECITALS
WHEREAS, the City's 1996 Co mprehensive Surface Water Management Plan propos ed
two capital improvement proj ects at the northwest co rner of S 336th Street and Paci.fie Highway
South, Projects SEA-03 and SEA-04, that included a presettling basin, re-grading the channel,
replacing the inlet structure, and incorporating a low-flow diversion and infiltration trench; and
WHEREAS, the City did not construct Projects SEA-03 and SEA-04 from the 1996
Comprehensive Surface Water Management Plan and incorporated a revised water quality
facility project in the 2014 Surface Water Management Capital Improvement Plan (SWM CIP),
Proj ect #13, t he S 336 th Street Water Quality Facility at Highway 99; and
WHEREAS, the City's 2014 SWM CIP scheduled the S 336th St Water Quality Facility
at Highway 99 project to acquire property in 2019, design the project in 2020, and construct the
project in 2021; and
WHEREAS, the Owner of the parcel at 33333 Pacific Highway South desires to expand
development on the property and grant the City an easement rather than sell the undeveloped
portion to the City for the scope of the City's S 336th Street Water Quality Facility at Highway
99 project; and
!
WHEREAS, the City revised the S 336th Street Water QiiaHty Eacility at Highway 99
project concept to meet the project goals and fit within the available footprint by revising the
project scope to incorporate a water quality facility and installing drainage conveyance;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
sufficiency of which is hereby acknowledged, it is mutually agreed by and between the Parties as
follows:
1. Commitment of NYH Properties, LLC.
(a) The owner will negotiate with the City a temporary construction easement along the
northern and western property border to construct both Schedule 1 and Schedule 2, and
negotiate with the City the conditions of a permanent easement large enough to maintain
the final constructed footprint of Schedule 1 and Schedule 2. The permanent easement
may limit the use of the land within the easement area to parking as the only approved
use.
(b) The Owner will pay the City for the cost of designing and constructing Schedule 1. The
Owner acknowledges that any preliminary estimate is an opinion and that the actual
17
project cost may exceed or be less than the engineer's estimate. The Owner will deposit
the anticipated design cost of $10,000, the engineer's preliminary construction estimate
of $213,550, and a contingency amount of $22,335, a total of $245,905, with the City
after the City Council approves the project and provides authorization to bid but before
the City advertises the project for construction. In the event that the lowest responsive,
responsible bid for Schedule 1 exceeds the engineer's estimate and contingency, the
Owner reserves the right to discontinue with the project. The City may either proceed
with the project and pay any costs above the Deposit Amount, or reject all bids and
discontinue the project. If th~ project is discontinued, the City will refund the deposit to
the Owner after deducting design costs incurred by the City.
(c) In the event that proposed change orders associated with the construction of Schedule 1
cause the total project costs to exceed the Deposit Amount, the Owner has the right to
review the proposed change order(s) and discuss options with the City, including
discontinuing with the project and paying associated restoration and/or impact costs. If
the Owner discontinues with the project during construction, the City may either proceed
with the project and pay any cost above the Deposit Amount, or discontinue the project.
If the project is discontinued during construction of Schedule 1, the City will refund the
deposit to the Owner after deducting construction costs to date and any costs incurred by
the City for site restoration.
(d) In the event the project is completed and any funds remain from the deposit, remaining
funds will be returned to the Owner following completion of Schedule 1.
(e) The project schedule will be dependent on regulatory permitting requirements, current
work load and will follow the City's standard project delivery process, including
presenting to City Council for authorization to bid, authorization to award, and
authorization to accept the final work.
(f) The City makes no guarantees for future development of the parcel by current or future
owner(s). The easement, Schedule 1 storm drain construction and Schedule 2 water
quality facility are independent of development on the parcel and the cost of any future
development on the parcel, including surface water facilities, shall be at the sole
responsibility of the Owner.
(g) The project will require a Joint Aquatic Resources Permit Application (JARPA) with
Hydraulic Project Approval (HPA) from the Washington Department of Fish and
Wildlife (WDFW) and may require a permit from the U.S. Army Corps of Engineers
(USACE). WDFW staff have indicated that proposed SWM CIP projects downstream of
the Owner's parcel are suitable mitigation for tightlining the stream across the parcel.
However, the Owner understands that no official permits have been granted by local,
state or federal agencies and that WDFW may change their opinion of suitable mitigation
and not grant a permit for the project. The Owner agrees to hold the City harmless if the
project is unable to advance due to the project's inability to meet permitting
requirements.
(h) In the event that the project is not granted required permits and construction does not
occur, the Owner will not be responsible for any costs incurred by the City during the
preliminary design process.
2. Commitment of the City.
(a) The project will be split into two Schedules. Schedule 1 will be construction of the
tightline storm drain conveyance along the northern and western property border.
18
Schedule 2 will be the City water quality component of the project which will be funded
by the City under a revised SWM CIP schedule and constructed concurrently.
(b) The City will design, permit, bid, administer funds received and manage construction of
Schedule 1 of the project to construct the storm conveyance system. Schedule 1 will
include installing the tightline storm drain conveyance per the City's Development
Standards and the current edition of Washington State Department of Transportation
Standard Specification for Road, Bridge, and Municipal Construction which includes
backfill, compaction, and grading of the open trench areas but will not include any site
grading outside of the storm drain conveyance limits.
(c) The City will fund, design, permit, bid and manage construction of Schedule 2, the water
quality facility.
( d) The City will apply for all required permits for both Schedule 1 and Schedule 2, but
makes no guarantees that outside agencies will grant permits.
3. Term. The term of this MOU shall commence on the date written above and shall continue
until Schedule 1 and Schedule 2 construction is complete and the Owner has granted a
permanent easement. The project schedule is based on the following milestones:
(a) Obtaining permits from the City, WDFW, and USACE by January 1, 2019;
(b) Completing the project design with Council approval and advertising the project by
March 1, 2019;
(c) Awarding the contract work by June 1, 2019; and
(d) Constructing the improvements within an anticipated WDFW and/or USACE permit
approved work window from July 15 to September 15, 2019.
In the event the project schedule is delayed and the March 1, 2019 advertising milestone is
not feasible, the owner reserves the right to discontinue the project. However, once the
project has been advertised and deposits the project costs with the City, the owner agrees to
continue with the project until completion, pending bid results as outlined in Section l(b) of
this MOU.
4. Indemnification. The Owner shall indemnify and hold harmless the City and its officers,
boards, commissions, employees, agents, attorneys, and contractors from and against any and
all liability, damages, and claims, (including, without limitation, reasonable fees and
expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of
any act or omission of the Owner, its employees, agents, or contractors, which may arise out
of this MOU.
The City shall indemnify and hold harmless the Owner and its officers, boards, commissions,
employees, agents, attorneys, and contractors from and against any and all liability, damages,
and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert
witnesses and consultants), which may be asserted by reason of any act or omission of the
City, its employees, agents, or contractors, which may arise out of this MOU.
Nothing in this agreement shall be construed to create a cause of action against the Owner, or
to create liability for damage to property caused by the actions of third parties. Any repairs to
the storm drain and/or future water quality facility required after damage caused by third
party will be borne by the City or the responsible third party.
19
5. Governing Law. This MOU shall be governed by and construed in accordance with the laws
of the State of Washington.
6. Entire Agreement. This MOU represents the entire understanding and agreement between
the Parties. This MOU cannot be amended or modified except by another written document
duly signed and executed by the City and the Owner.
Signature page follows
20
IN WITNESS WHEREOF, the Owner and the City have executed this Memorandum of
Understanding as of the day and year first written above by their duly authorized representatives.
STATE OF WASHINGTON)
) ss.
COUNTY OF )
CITY OF FEDERAL WAY
By: ___________ _
Jim Ferrell, Mayor
33325 8th Ave S
Federal Way, WA 98003
NYH PROPERTIES , LLC
By:---------------
Wasim Azzaro, Governor
NYH Properties , LLC
963 S 293 rct St
Federal Way, WA 98003
On this day personally appeared before me W asim Azzam to me known to be the Governor of
NYH Properties, LLC that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument and that the seal affixed, if any , is the corporate seal of said corporation.
GIVEN my hand and official seal this __ day of _________ .. , 20_.
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires _______ _
S:ICIP\Projects\"9 -West Hylebos\Proposed\S 336th Tightline and WQ\Draft MOU for easement and funding for the South 336th Street Water Quality Facility.docx
21
2015-2021 SWM CIP – GRANT DEPENDENT PROJECT May 2014
Page 1
Project 13: South 336th Street at Highway 99
Project Location: South 336th Street at Highway 99
S 336th Street Water Quality Facility
The project will acquire a portion of three undeveloped parcels
(primarily area encumbered by stream setbacks) along Pacific Highway
South north of S 336th Street west of Pacific Highway 99 and construct a
bioretention water quality facility. The facility will treat runoff from
Pacific Highway and the downtown core area, which is the most heavily
developed and utilized part of the City. Detention capacity will be
integrated into the facility if possible, but this is a retrofit project
intended to provide the most additional water quality treatment
possible.
Project Category: Water Quality, Flow
Control
Land Acquisition: Required
Project Benefits
•Water quality treatment
•Added flow control
•Infiltration and groundwater recharge
Project Facts
•The City is nearing completion of a similar
project at S 356th Street and Pacific Highway
99
•The City recently completed HOV lane
improvements on the segment of Pacific
Highway Contributing to the water quality
facility
•Treated water from the facility will
contribute to the West Hylebos Creek and
wetlands complex and add to conservation
efforts
EXHIBIT A
22
2015-2021 SWM CIP – GRANT DEPENDENT PROJECT May 2014
Page 2
S 336th Street Water Quality Facility
23
Connect to existing storm drain
and replace existing structure
Flow Splitter Structure
Future Pre-Treatment Vault
Estimated Size 12' x 6'
Proposed Storm
Drain Alignment
Future Water Quality
Treatment Vault
Estimated size 11' x 36.5'
Proposed Storm
Drain Alignment
Approximate
Existing Ditch
Alignment
Permanent
Easement for
Maintenance
20'
20'
20'
123'
73'
20'
Existing Storm
Drain Alignment
1721049047
1721049026
172104ROAD
1721049112
7681900020
7681900030
797820ROAD
9265030030 9265030010
926503ROAD
365
3 5 5
3 5 0
370
3
6
0
345
340
3 6 0
3 4 5
355
34
0
PACIFIC HWY S
Ü
0 50 10025
Feet
3 7 5
EXHIBIT B
Revised S 336th St Water Quality
Facility at Hwy 99 Project Map
Legend
12" Storm Drain
48" Storm Drain
Proposed Easement
WQ Facilities
Storm Structure
Storm Drain Features
=Storm Drain
=Storm Drain Trunk
24
COUNCIL MEETING DATE: April 17, 2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Marine Hills Stormwater Conveyance System Repair Phase II -PROJECT ACCEPTANCE
POLICY QUESTION: Should City Council accept the Marine Hills Stormwater Conveyance System Repair Phase II
Project as complete?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
t8J Consent
D City Council Business
D Ordinance
D Resolution
STAFF REPORT BY: Fei Tang, P.E. SWM Project Engineer Pr
MEETING DATE: April 2, 2018
D
D
Public Hearing
Other
DEPT: Public Works
Attachments: Land Use and Transportation Committee Memorandum dated April 2, 2018.
Options Considered:
1. Authorize final acceptance of the Marine Hills Stormwater Conveyance System Repair Phase II Project
constructed by Insituform Technologies, LLC, in the amount of$788,673.40 as complete.
2. Do not authorize final acceptance of the completed Marine Hills Stormwater Conveyance System Repair Phase II
Project as complete and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the April 17,
consent agenda for appro al.
COMMITTEE RECOMMENDATION: The Committee recommends forwarding option 1 to the April 17, 2018 City
Council consent agenda for approval.
Mark Koppang, Committee
Chair
Jesse Johnson, Committee
Member
Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the Marine Hills Stormwater
Conveyance System Repair Phase II Project constructed by Insituform Technologies, LLC, in the amount of
$788,673.40 as complete."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED-12/2017
25
COUNCIL BILL#
1sT reading
Enactment reading
ORDINANCE#
RESOLUTION #
DATE:
TO:
VIA:
FROM:
SUBJECT:
April 2, 2018
CITY OF FEDERAL WAY
MEMORANDUM
Land Use and Transportation Committee
Jim Ferrell, Mayor (\\ ...._ ..
Marwan Salloum, P.E., Public Works Director ~
Pei Tang, P.E., SWM Project Engineer yr
Marine Hills Stormwater Conveyance System Repair Phase II -Project Acceptance
BACKGROUND:
This project was constructed to repair deteriorated stonnwater pipes and structures in the Marine Hills
subdivision using a cured in place pipe (CIPP) repair system.
Prior to release of retainage on a Public Works construction project the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements.
The Marine Hills Stonnwater Conveyance System Repair Phase II Project constructed by Insitufonn
Technologies, LLC, is complete. The final construction contract amount is $788,673.40. This is
$457,012 .25 below the $1,245,685 .65 (including contingency) budget that was approved by the City
Council on February 21, 2017.
26
COUNCIL MEETING DATE: 04/17/2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: KING COUNTY HISTORIC PRESERVATION ILA
POLICY QUESTION: Should the City of Federal Way enter into an interlocal agreement (ILA) with King
County to provide historic preservation technical support to the city?
COMMITTEE: LUTC
CATEGORY:
[ZI Consent
D City Council Business
D Ordinance
D Resolution
STAFF REPORT BY: DA VE VAN DE WEGHE, SENIOR PLANNER
Attachments: 1. Staff Report
2. lnterlocal Agreement For Landmark Services
MEETINGDATE: 04/02/2018
D
D
Public Hearing
Other
DEPT: Community Development
3. King County Historic Preservation Approval Procedures
Options Considered:
1. Approve the Mayor's recommendation and forward to the Council Consent Agenda on April 17, 2018.
2. Deny approval of the Mayor's recommendation and provide staff with further direction.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding the King County Historic Preservation ILA to
the April 17, 2018 Counc · nsent Agenda.
COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the April 17, 2018 consent
agenda for approval.
Mark Koppang, Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Interlocal Agreement For Landmark Services with
King County and authorize the Mayor to sign said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TAB LED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED-12/20 17
27
COUNCIL BILL#
First reading
Enactment reading
\
ORDINANCE#
RESOLUTION #
DATE:
TO:
VIA:
FROM:
04/02/2018
CITY OF FEDERAL WAY
MEMORANDUM
Land Use & Transportation Committee
Jim Ferrell, Mayor
Brian Davis, Community Development Director
Dave Van De Weghe, Senior Planner
SUBJECT: King County Historic Preservation ILA
BACKGROUND:
On July 5, 2017, City Council took the first step to protecting Federal Way's historic resources by
adopting King County's Landmarks Preservation Ordinance by reference. Two more steps are required
by Council before the ordinance can be applied locally:
1. Adoption of an Interlocal Agreement (ILA) with King County to provide historic preservation
review services to the city; and
2. The appointment of a city representative to serve on the King County Landmarks Commission.
On Nov. 13, 2017, the King County Council adopted ordinance No. 2017-0336.2, authorizing the County
to enter into an ILA with the city. Once the ILA is signed by both parties, it w.ill authorize the King
County Historic Preservation Program staff to review city landmark nominations and city Certificate of
Appropriateness applications . The city will reimburse the county for review services quarterly. Review
costs will be fully funded by application fees. The ILA may be cancelled by either party with 45 days
notices.
City Council action will also be required later this year to appoint a local commission member, following
advertisement of the volunteer position.
cc : Project File
28
Attachment A dated September 15,
2017-18606
INTERLOCAL AGREEMENT FOR LANDMARK SERVICES
AN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY
RELATING TO LANDMARK DESIGNATION AND PROTECTION SERVICES
THIS IS AN AGREEMENT between King County, a home rule charter county and a
political subdivision of the State of Washington, hereinafter referred to as the "County," and the
City of Federal Way, a municipal corporation of the State of Washington, hereinafter referred to
as the "City," and hereinafter referred to jointly as the "Parties."
WHEREAS, the City is an optional municipal code city incorporated pursuant to Title
35ARCW; and
WHEREAS, local governmental authority and jurisdiction with respect to the designation
and protection of landmarks within the City limits resides with the City; and
WHEREAS, the City desires to protect and preserve the historic buildings, ~tructures,
districts, sites, objects, and archaeological sites within the City for the benefit of present and
future generations; and
WHEREAS, the County is able to provide landmark designation and protection services
for the City; and
WHEREAS, the City has elected to contract with the County to provide such services;
and
WHEREAS, it is in the public interest that the jurisdictions cooperate to provide efficient
and cost effective landmark designation and protection; and
WHEREAS, pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, the Parties
are each authorized to ente,r into an agreement for cooperative action;
NOW THEREFORE, the County and the City hereby agree:
1. Services. At the request of the City, the County shall provide landmark designation and
protection services using the criteria and procedures adopted in King County Ordinance
10474 King County Code (KCC), Chapter 20.62 and Chapter 19.285, Federal Way Revised
Code (FWRC) within the City limits.
2. City s Responsibilities.
A. The City adopts an ordinance establishing regulations and procedures for the designation
of historic buildings, structures, objects, districts, sites, objects, and archaeological sites
Interlocal Agreement for Landmark Services
Page 1 ofS
29
revised 091 S 17
as landmarks and for the protection of landmarks. The regulations and procedures are
substantially the same as the regulations and procedures set forth in Chapter 20.62 KCC.
The ordinance provides that the King County Landmarks Commission, with the addition
of a special member, acting as the City of Federal Way Landmarks Commission
(Commission) shall have the authority to designate and protect landmarks within the City
limits in accordance with the City ordinance. The ordinance includes:
1) Provision for the appointment of a special member to the Commission as
provided by Chapter 20.62.030 KCC.
2) A provision that appeals from decisions of the Commission pertaining to real
property within the City limits shall be taken to the City's Hearing Examiner.
3) A provision for penalties for violation of the certificate of appropriateness
procedures (Chapter 20.62.080 KCC).
4) A provision that the official responsible for the issuance of building and related
permits shall promptly refer applications for permits which affect historic
buildings, structures, objects, sites, districts, or archaeological sites to the King
County Historic Preservation Officer (HPO) for review and comment. 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, districts or archaeological sites.
B. Appoint a Special Member to the Commission in accordance with the ordinance
adopted by the City. Pursuant to Chapter 20.62 KCC such Special Member shall be a
voting member of the Commission on all matters relating to or affecting landmarks
within the City, except review of applications to the Special Valuation Tax Program,
and the Current Use Taxation Program.
C. Collect applications and application fees for landmark nominations and Certificates
of Appropriateness, and forward applications to the County for processing.
D. Distribute public hearing notices for Landmarks Commission meetings.
E. Except as to Section 5, the services provided by the County pursuant to this
agreement do not include legal services.
3. County Responsibilities.
A. Process all landmark nomination applications and conduct planning, training, and
public information tasks necessary to support landmarking activities in the City.
Such tasks shall be defined by mutual agreement of both parties on an annual basis.
B. Process all Certificate of Appropriateness applications to alter, demolish, or move any
significant feature of a landmark property within the City limits.
Interlocal Agreement for Landmark Services
Page 2 of 5
30
revised 091517
C. Act as the "Local Review Board" for the purposes related to Chapter 221, 1986 Laws
of Washington, (Chapter 84.26 RCW and Chapter 254.20 WAC) for the special
valuation of historic properties within the City limits.
D. Review and comment on applications for permits that affect historic buildings,
structures, objects, sites, districts, and archaeological sites. Comments shall be
forwarded to the City official responsible for the issuance of building and related
permits.
4. Compensation.
A. Costs. The City shall reimburse the County fully for all costs incurred in providing
services under this contract, including overhead and indirect administrative costs. Costs
charged to the City may be reduced by special appropriations, grants, or other
supplemental funds, by mutual agreement of both parties. The rate of reimbursement to
the County for labor costs shall be revised annually.
B. Billing. The County shall bill the City quarterly. The quarterly bill shall reflect actual
costs plus the annual administrative overhead rate. Payments are due within 30 days of
invoicing by the County.
5. Indemnification.
A. The County shall indemnify and hold harmless the City and its officers, agents and
employees or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by reason or arising out of any
negligent act or omission of the County, its officers, agents, and employees, or any of
them, in providing services pursuant to this agreement. In the event that any suit based
upon such a claim, action, loss, or damage is brought against the City, the County shall
defend the same at its sole cost and expense; provided, that the City retains the right to
participate in said suit if any principle of governmental or public law is involved; and if
final judgment be rendered against the City and its officers, agents, employees, or any of
them, or jointly against the City and the County and their respective officers, agents and
employees, or.any of them, the County shall satisfy the same.
B. In executing this agreement, the County does not assume liability or responsibility for or
in any way release the City from any liability or responsibility which arises in whole or in
part from the existence or effect of City ordinances, rules or regulations, polices or
procedures. If any cause, claim, suit, actions or administrative proceeding is commenced
regarding the enforceability and/or validity of any ordinance, rule or regulation of either
party, said party shall defend the same at its sole expense and if judgment is entered or
damages are awarded against said party~ said party shall satisfy the same, including all
chargeable costs and attorneys' fees.
Interlocal Agreement for Landmark Services
Page 3 of5
31
revised 091517
C. The City shall indemnify and hold harmless the County and its officers, agents, and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses and damages of any nature whatsoever, by reason of or arising out of any
negligent act or omission of the City, its officers, agents, and employees, or any of them.
In the event that any suit based upon such a claim, action, loss or damage is brought
against the County, the City shall defend the same at its sole cost and expense; provided
that the County retains the right to participate in said suit if any principle of governmental
or public laws is involved; and if final judgment be rendered against the County, and its
officers, agents, and employees, or any of them, the City shall satisfy the same.
D. The City and the County acknowledge and agree that if such claims, actions, suits,
liability, loss, costs, expenses, and damages are caused by or result from the concurrent
negligence of the City, its agents, employees, and/or officers and the County, its agents,
employees, and/or officers, this Article shall be valid and enforceable only to the extent
of the negligence of each party, its agents, employees and/or officers.
6. lnterlocal Cooperation Act.
A. Purpose. The purpose of this agreement is for the City of Federal Way and King County
to partner to provide historic preservation services within the corporate boundaries of the
City.
B. Administration. This agreement shall be administered for the County by the Director of
the Department of Natural Resources and Parks, or the director's designee, and for the
City by the Mayor or the Mayor's designee.
C. Budget and Financing. No special budget or fi.m.ds are anticipated, nor will the parties
jointly acquire, hold or dispose of real or personal property.
D. Duration . This agreement is effective beginning upon execution, and shall continue until
terminated pursuant to the terms of this agreement.
E. Recording. This Agreement will be recorded by the County or otherwise be made public
by it in conformance with the Interlocal Cooperation Act.
7. Te1mination. Either party may terminate this agreement by providing forty-five (45) days'
written notice to the other party.
8. Amendments. This Agreement may be amended at any time by mutual written agreement of
the Parties.
Interlocal Agreement for Landmark Services
Page 4 of5
32
revised 091517
IN WITNESS WHEREOF, the parties have executed this agreement this ___ day of
------, 2017.
CITY OF FEDERAL WAY:
By:-------------
Jim Ferrell
Mayor
Inter local Agreement for Landmark Services
Page 5 ofS
KING COUNTY:
By:------------
Dow Constantine
King County Executive
Approved as to form:
By: _____________ _
King County Prosecutor
revised 091517
33
KING COUNTY REGIONAL PRESERVATION PROGRAM
Historic Preservation Services
Approval Procedures
When any person requests King County Historic Preservation Program staff (staff) to conduct
work in a city with which the County has an interlocal agreement for historic preservation
services the following procedures shall apply:
• Within five working days of a request for services the county staff person receiving the
request shall provide the Historic Preservation Officer (HPO) with the following
information:
o property address;
o name and contact information for person requesting service, and their relationship
to the property;
o description of service requested (landmarking inquiry; environmental review;
Certificate of Appropriateness (COA) application; technical assistance*, etc.);
o a copy of any correspondence or information specific to the request; and,
o an estimate of time needed to render the service.
• The HPO shall forward this information, along with an estimate of cost to complete the work,
to the designated City representative for consideration. The City shall provide the HPO with
electronic or written notification to proceed or not to proceed within two business days of
receipt of notification from the HPO.
• The HPO shall provide copies of any information or correspondence generated in the process
of providing the service to the City for its files (final reports, formal correspondence,
recommendations, research data, etc.) unless otherwise agreed upon by the City and the
HPO.
• In addition, the City should establish internal administrative rules on how to process a
request for historic preservation services including, but not limited to, landmark nominations,
COA applications and review, environmental review, and incentive program coordination.
• EXCEPTION: For most jurisdictions we will automatically process COA applications
without a notice to proceed. If your jurisdiction requires approval before processing COA
applications, please let us know.
* The City will not be billed nor formally notified per the above process for technical assistance inquiries or
questions, or requests for information that can be handled by phone or e-mail in 15 minutes or less. The City
representative per the above process must approve any services which will exceed 15 minutes of staff time.
Updated 1/18
34
COUNCIL MEETING DATE: April 17, 2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY CENTER STREET LIGHT BANNERS BID AWARD
POLICY QUESTION: Should the Council award the City Center Street Light Banners to the lowest responsive,
responsible bidder?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
IZJ Consent
D
D Ordinance
D Resolution
STAFF REPORT B . Desiree Winkler, P.E., Deputy PW Director/ Street
Systems Manager
MEETING DATE: April 2, 2018
D Public Hearing
D Other
DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated April 2, 2018.
Options Considered:
1. Award the City Center Street Light Banners to Rainier Industries, Ltd., the lowest responsive,
responsible bidder, in the amount of$59,180.00 authorize the Mayor to execute the contract.
2. Reject all bids for the City Center Street Light Banners and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 17, 2018 City Council
Consent Agenda for ape al.
COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the April 17, 2018 City
Council consent agenda for approval.
Mark Koppang, Committee
Chair
Jesse Johnson, Committee
Member
Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to award the City Center Street Light Banners to Rainier
Industries, Ltd., the lowest responsive, responsible bidder, in the amount of $59,180.00 and authorize the Mayor to
execute the contract."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED -12/2017
35
COUNCIL BILL#
18T reading
Enactment reading
ORDINANCE#
RESOLUTlON #
DATE: April 2, 2018
CITY OF FEDERAL WAY
MEMORANDUM
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor ,J /
FROM: M arwan Sallo um , P.E., Public Works Director ~
ou.Pesire e Winkl er , P.E., Deputy Public Works Director / Street Systems Manager
SUBJECT: City Center Street Light Banners -Bid Award
BACKGROUND:
Each year, the City places approximately 140 banners in City Center between late spring and early fall. The current
banners have exceeded their useful life . In addition, the City's logo has been updated . Staff contacted five (5)
prospective bidders to provide quotes for 160 banners which will provide extra to replace banners in future years due to
wind and weather damage. Of the five bidders, only one ( 1) bidder could meet our specifications and timeline. Please
see the Bid Tabulation below.
The lowest responsive, responsible bidder is Rainier Industries, Ltd., with a total bid of $59,180.00. Rainier Industries,
Ltd. provided the City 's banners in the past, is able to reuse most of the artwork, and has our City banner colors readily
available.
BID TABULATIONS:
Item
i •
i Quantity l Unit
Rainier Industries
(Tukwilla, WA)
Bidder Name
Arkansas' Flag
FLS Banners and Banner
(Sturgeon Bay, WI) (Littlerock, AR)
Unit Unit
Signs by
Tomorrow
(Kent, WA)
Unit
Vilma's Signs
(FederalWay,WA)
Unit
, l Unit Price ! Total Price Total Price Total Price Total Pr ice Total
Custom City _Center Bann ~ ....... 160i EA ........... S33S.oo ! .... Ss3,600.00 Unable to meet Unable to meet Unable to meet
Set-up Fee i l i LS $200.00: $200.00 specifications. specifciations. timeline. Unresponsive .
j . Subtota I / $53,800.00 ....... _.,, ............................................................ , .............. ··--··· .......... .,, ......................................................................................................................................... ········-·-··
i Sales Tax (10 .0%), $5,380.00
TOTAL! $59,180.00
AVAILABLE FUNDING:
TOTAL FUNDING A VA/LABLE: I $ 65,000.00
ESTIMATED EXPENDITURES:
TOT AL PROGRAM COST: ! $ 59,180.00
The lowest responsive, responsible bid is within available funding .
36
w
--.J
City Center Street Light Banners
Bid Tabulations
3/27/2018
Item Quantity Unit
Rainier Industries
(Tukwilla, WA)
Bidder Name
Arkansas' Flag
FLS Banners and Banner
(Sturgeon Bay, WI) (Littlerock, AR)
Signs by
Tomorrow
(Kent, WA)
Vilma's Signs
(FederalWay,WA)
Unit j Unit Unit Unit Unit
. . Price I Total Price Total Price Tota l Price Total Price Total • ......... · ............................................................. ),,, ..................... <····················--------------------------------------
Custom .City.Center.Banner ..... J .............. 160 )EA w ............ $335.00 l.. ...... __$53,600.00 Unable to meet Unable to meet Unable to meet •
Set-up Fee / 1\S $200.00 / $200.00 specifications. specifciations. timeline. Unresponsive.
. . 1 Subtota l; $53,800.00 ; ........................ ; ....................................... ,: ..................................... , .................... ,; ...................... , .................... : ..................... , .................... : ..................... t ................... ,:
j / Sales Tax (10 .0%)l $5 ,3 80 .00 : j \ \
TOTAL ) $59,180.00