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LUTC PKT 04-01-2019 City of Federal Way City Council Land Use & Transportation Committee April 1, 2019 City Hall 5:00 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Action Topic Title/Description Presenter Page or Info Council Date A. Approval of Minutes: March 4, 2019 Tenuta 3 Action N/A B. 2019 Storm Pipe Repair Project Phase I— 85% Tang 7 Action April 16, 2019 Design Status Report and Authorization to Bid Consent C. Brook Lake Center Connector— Bid Award Mulkey 11 Action April 16, 2019 Consent D. RESOLUTION: Intent to Reform the North Lake Myhre 15 Action April 16, 2019 Management District (NLMD) Number 2 and Setting Consent of a Public Hearing Date E. Authorization to Accept WA State Transportation Preston 29 Action April 16, 2019 Improvement Board Complete Streets Grant Consent F. Underground Utility Locating Services Agreement Winkler 31 Action April 16, 2019 Consent G. Authorization to Change Sponsor for King County Thurlow 49 Action April 16, 2019 Conservation Futures Funding Award Consent H. Authorization to Apply for Sound Transit System Doucette 51 Info April 2, 2019 Access Funds Consent 4. OTHER: A. Presentation by Timothy Larson with the University of Washington regarding the Ultrafine Particle Study. 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be Monday, May 6, 2019 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Jesse E.Johnson,Member Mercedes Tenuta,Administrative Assistant 11 Hoang V. Tran,Member (253)835-2701 This page left blank intentionally. 2 City of Federal Way City Council DRAFT Land Use & Transportation Committee March 4, 2019 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,Councilmember Lydia Assefa-Dawson,and Councilmember Martin Moore. Staff in Attendance: Public Works Director EJ Walsh, Community Development Director Brian Davis, Deputy Public Works Director EJ Walsh, Deputy Public Works Director Desiree Winkler, Deputy City Attorney Mark Orthmann, Planning Manager Robert "Doc" Hansen, Principal Planner Margaret Clark, City Traffic Engineer Rick Perez, Surface Water Manager Theresa Thurlow, Capital Projects Engineering Manager Sarah Hamel, Sound Transit Liaison Tony Doucette, Street Systems Engineer Jeff Huynh, Water Quality Program Coordinator Leah Myhre, and Administrative Assistant II Mercedes Tenuta. 1. CALL TO ORDER: Chair Koppang called the meeting to order at 5:01 p.m. 2. PUBLIC COMMENT: Mark Spaur, a Federal Way resident, shared concerns regarding item F and the extension of S 376th Street to Milton Road which would increase traffic in the area. Mr. Spaur would like to request that the city perform a traffic analysis to see if the extension can be removed from the comp plan. Roger Von Doenhoff, a Federal Way resident, expressed concerns regarding item F because it's his property that would be directly affected. He would not like to see a road punched through that would cut his property in half and come within 20 feet of his house. He is also requesting that the extension be removed from the comp plan. Richard Pierson, spoke in opposition of item D, stating that it would increase traffic and emissions and the proposed extension would go through a wetland. The proposed amendment is also 200 feet longer which he believes would increase cost. He would like to see a better solution. Allison Taylor, expressed support for item I and is looking forward to having conversations about the timeline and what will work for Federal Way. Ashley Cormier,expressed support for item I,and wants to ensure that renters are protected against bad landlords and make the landlords accountable for the living conditions. Igor Privmak,a Federal Way resident,spoke about item F and voiced concerns about the potential increase in traffic, increase in the number of kids in schools, and an increase in traffic noise for the seniors living in the area. Phillip Omelchenko, a Federal Way resident, spoke about item F and expressed concerns about the ecosystem and the potential for speeding due to the road creating a shortcut. Yuri Zaharchuk, a Federal Way resident, spoke in opposition of item F and expressed concerns about proposed road the traffic it would bring, potential speeding, and the safety of the kids in the neighborhood. Sherri Stanton,a Federal Way resident,spoke in opposition of item F and expressed concerns about the impact of the S 376th Street punch-through. She listed the benefits of living in the Brittany Lane and Regency Woods neighborhoods and asked to Committee Members City Staff Mark Koppang, Chair 3 EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 not use those neighborhoods to solve traffic congestion issues. Rick Beard, a Federal Way resident, spoke in support of item F but also stated his understanding of the concerns expressed by other residents. He listed the benefits of being able to develop to improve the roads, eliminate a 900 curve, and allow another access point for emergency vehicles into the neighborhood. Judy Blake, a substitute teacher in the Federal Way School District, spoke about item F and expressed concerns with the impact to school capacity and buses, specifically at Rainier View Elementary. *Comment read into record by Administrative Assistant: Brett Waller, Director of Government Affairs with the WA Multi-Family Housing Association, expressed his support for item I. He looks forward to working with the Committee, staff work group, and Director to create a program that works for all interested parties without creating an additional burden on rental housing providers and tenants. 3. COMMITTEE BUSINESS: Topic Title/Description A. Approval of Minutes: January 7, 2019 Committee approved the January 7, 2019 LUTC minutes as presented. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously B. 2019 Asphalt Overlay Program Bid Award Street Systems Engineer, Jeff Huynh, stated that 4 bids were open on February 25, 2019 with the lowest, responsive, responsible bidder being Miles Resources, LLC. Mr. Huynh outlined the available funding and estimated project costs. Committee forwarded Option #1 (Award all schedules for the 2019 Asphalt Overlay Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of$1,428,229.40 and approve at 2% contingency of$28,038 for a total of$1,456,267 and authorize the Mayor to execute the contract) to the March 19, 2019 Council Consent Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously C. NPDES Annual Report and Stormwater Management Program Update Water Quality Program Coordinator, Leah Myhre, provided a brief background regarding what the NPDES permit is, permit types, and permit requirements implemented through the City's Stormwater Management Plan (SWMP) including the submission of the annual reporting which is due March 31, 2019. Ms. Myhre also informed the committee of the upcoming changes to the permit requirements. Committee forwarded Option #1 (Approve the 2019 Annual Report and SWMP documents and authorize the Mayor to submit documents to the Department of Ecology by March 31s' to satisfy the City's NPDES permit obligations)to the March 19, 2019 Council Consent Agenda for approval. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously D. ORDINANCE: Relating to the 2018 Amendments to the Federal Way Comprehensive Plan and Comprehensive Plan Map to Realign the Future Extension of South 324th Street Further South to Connect with Weyerhaeuser Way South City Traffic Engineer, Rick Perez, presented the background of the extension of S 324th Street explaining that the Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 4 Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 existing planned alignment as part of a capital project list was designed to have a bicycle and pedestrian friendly way to get across I-5 which would extend S 324th Street and connect to 32nd Ave S & S 323rd Street. DaVita expressed concerns with the existing planned alignment due to their proposed site plan and development of a new building. The City initiated the amendment to realign the S 324th Street extension to connect directly to Weyerhaeuser Way South instead. Mr. Perez provided maps of the existing planned alignment as well as the proposed realignment. Mr. Perez, Councilmembers, Community Development Director Brian Davis, and Deputy City Attorney Mark Orthmann held a discussion. Committee member Tran moved to delay the ordinance to further study the proposal. Committee member Johnson seconded. Chair Koppang and Mr. Davis discussed the implications of delaying the ordinance. Deputy City Attorney Mark Oithmann, clarified that the LUTC is a step to offer a recommendation and there is no step in the current code for LUTC disapproval. He explained that under the code the Planning Commission submits its report to the Council as a whole, with LUTC being a step and opportunity for a discussion before bringing it to Council. Committee member Tran withdrew his motion. Committee forwarded the proposed ordinance to First Reading on March 19, 2019. • Moved: Johnson • Seconded: Koppang • Passed: 3-0 unanimously E. 2019 Planning Commission Work Program Principal Planner, Margaret Clark,provided a brief background stating that every year the Planning Commission's work program is approved by Council. Ms. Clark outlined the housekeeping and non-housekeeping items planned for completion in 2019, items completed in 2018, and 2019 Comprehensive Plan Amendments. Ms. Clark and Councilmembers held a brief discussion regarding the need for public notice, sign code changes to content, and the process for amending the work program. Community Development Director Brian Davis clarified that work program and any amendments requested is based on resources that the department currently has. Committee forwarded Mayor's recommendation (Adoption of the 2019 Planning Commission Work Program) to the March 19, 2019 Council Business Agenda for approval. • Moved: Tran • Seconded: Johnson • Passed: 3-0 unanimously F. ORDINANCE: Relating to the 2018 Amendments to the Federal Way Comprehensive Plan, Comprehensive Plan Map, and Zoning Map for the Milton Road Area Legislative Comprehensive Plan Amendment and Rezone Planning Manager, Robert"Doc"Hansen, presented a brief history of the amendment including maps identifying the parcels involved and zoning boundaries. Mr. Hansen outlined the SEPA history, non-project actions, public comments received, and issues expressed. Mr. Hansen, Deputy Mayor Honda, Chair Koppang, Public Works Director EJ Walsh, and Deputy City Attorney Mark Orthmann held a clarifying discussion. Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 5 Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 Committee forwarded the proposed ordinance to First Reading on March 19, 2019. • Moved: Johnson • Seconded: Tran • Passed: 3-0 unanimously G. Status Report on the SWM Comp Plan/CIP Update and Rate Study Surface Water Manager,Theresa Thurlow, presented a brief background stating that the project was approved by Council in June 2017. A consultant contract was awarded with completion anticipated in Fall of 2019. The implementation of the updated CIP and SWM rate adjustment in the fiscal year of 2021. Ms.Thurlow outlined the scope of work,what the SWM dollars pay for,the 2019 rates and structure including the new rate structure,and what the next steps would be. H. Update on the Development Agreement with Sound Transit for the Federal Way Link Extension Project Sound Transit Liaison, Tony Doucette, provided a brief project history, project overview and list of project agreements. The development agreement outlines roles, responsibilities, code requirements, code deviations, permitting framework, design review approach and design standards for the project. Mr. Doucette provided a map showing the agreement impact areas and outlined a development overview, the key details of the agreement and the schedule with next steps. Mr. Doucette, Deputy Mayor Honda, Chair Koppang,and Public Works Director EJ Walsh, held a brief discussion regarding the S 320th Street Park and Ride, the improvements of the walk from the park and ride to the station, the potential for increased parking, and surplus property. I. Information on Developing and Implementing a City Rental Inspection Program Community Development Manager, Brian Davis,explained that a working group was formed that includes three (3) staff members from different divisions of Community Development. Sarah Bridgeford from Human Services will serve as the lead and will work with Leila Willoughby-Oakes from Planning and Angie Villalovos with Code Compliance. Mr. Davis presented the draft timeline of approximately 12 months with key dates and tasks to implement a rental inspection program. Mr. Davis and Councilmembers held a discussion about the timeline details and the tasks being accomplished between the key dates presented as well as the potential to reschedule stakeholder meetings for after Labor Day due to Councilmembers'availability during that time of year. 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held on Monday, April 1, 2019 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT: The meeting was adjourned at 8:04 p.m. Attest: Approved by Committee: Mercedes Tenuta, Administrative Assistant II Date Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Hoang V. Tran,Member 6 Mercedes Tenuta,Administrative Assistant 11 Jesse E.Johnson,Member (253)835-2701 COUNCIL MEETING DATE: April 16,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2019 STORM PIPE REPAIR PROJECT PHASE 1-85%DESIGN STATUS REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete design and bid the 2019 Storm Pipe Repair Project Phase I and return to the LUTC and Council for bid award,further reports, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 1, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Fei Tan P E SWM Project En ineer �'�' DEPT: Public Works _. �__ .�_.....___ ...... . ............ r......I_. ......___ _. _.._..........___....... Attachments: Land Use and Transportation Committee Memorandum dated'April 1,2019 Options Considered: 1. Authorize staff to complete the design and bid the 2019 Storm Pipe Repair Project Phase I and return to the LUTC and Council for bid award,further reports, and authorization. 2. Do not authorize staff to bid this project and provide direction to staff. MAYOR'S RECOMMENDATION:The Mayor recommends forwarding Option 1 to the April 16, 2019 City Council Consent Agenda for ap val. MAYORAPPROVAL: ' r?/ R / DIRECTOR APPROVAL: 21111 Cjinmitq V Council initial/Date Initials Dare Initialt le COMMITTEE RECOMMENDATION: I move to forward Option I to the April 16, 2019 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 complete design and bid the 2019 Storm Pipe Repair Project Phase I and return to the LUTC and Council for bid award,further reports, and authorization." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 7 CITY OF FEDERAL WAY MEMORANDUM DATE: April 12019 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor EJ Walsh, P.E.,Public Works Director cr✓��i FROM: Fei Tang, P.E., SWM Project Engineer SUBJECT: 2019 Storm Pipe Repair Project Phase 185%Design Status Report and Authorization to Bid FINANCIAL IMPACTS: This project was authorized under the 2017 Surface Water Management(SWM) CIP budget update (304, Project 288) with an estimated budget of$100,000. SWM staff has requested additional funding for this project as the cost of pipe rehabilitation is higher than originally estimated. Under the 2019 budget adjustment, SWM has requested a transfer of $79,000 from the remaining balance of the recently completed Lakota Wetland Berm Repair project (304, Project 283)to this project. In accordance with the approved budget this project is funded by SWM Utility Tax. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through surface water management maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND: This project will repair deteriorated storm water pipes. These pipes were identified by the 2018 Storm Drain CCTV Inspection and Assessment project. The 2018 Storm Drain CCTV Inspection and Assessment project started in 2018. The goal of the project is to proactively inspect storm drain assets and identify maintenance and repair needs before they cause flooding and/or other damage. The project has identified numerous deteriorated pipes that are in need of repair. The project for repairing these deteriorated pipes has been divided into.two phases. Phase I will include the pipes that must be repaired with the open cut method. Phase II will repair the pipes with a more cost effective trenchless method. Staff is working on the design of the phase II project and will return to Council at a later date for 85% design status and authorization to bid. The following provides a brief synopsis of the progress on this project to date. The project design is approximately 85% complete, which includes the following completed tasks: • Identify pipe defects and repair method • Identify existing utilities in the vicinity of the repair sites • Request SEPA and Critical Area Code exemptions • Project design plan, specifications and cost estimate(PS&E)—85% 8 April 1,2019 Land Use and Transportation Committee 2019 Storm Pipe Repair Project Phase 185%Design Status Report and Authorization to Bid Page 2 Ongoing tasks include: • City right of way permit • Contract PS&E to 100% Project estimated expenditures: 2019 Storm Pipe Repair Project Phase I Construction $85,000 10%Construction Contingency $8,500 2019 Storm Pipe Repair Project Phase 11 $85,500 TOTAL PROJECT COSTS $179,000 Available Funding: Budgeted by 2017 SWM CIP Update $100,000 Transfer from Project 283 $79,000 Total Project Funding $179,000 9 This page left blank intentionally. 10 COUNCIL MEETING DATE: April 16, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:BROOK LAKE CENTER CONNECTOR BID AWARD POLICY QUESTION: Should the Council award the Brook Lake Center Connector Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 1,2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey,P.E., Street Systems Project Engines DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated April 1,2019. Bid Tabulation Options Considered: 1. Award the Brook Lake Center Connector project to Talakai Construction,LLC,the lowest responsive, responsible bidder,in the amount of$281,231.50 and approve a 10%contingency of$28,123.15 for a total of $309,354.65,approve a budget transfer from SWM Fund 304 in the amount of$136,482.65 and authorize the Mayor to execute the contract. 2. Reject all bids for the Brook Lake Center Connector 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 April 16,2019 City Council Consent Agenda for appy al. MAYOR APPROVAL: G 5, DIRECTOR APPROVAL: '' I`/ ounttit a Co tl C Initial/Date Inittal/Dale Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 16, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the Brook Lake Center Connector to Talakai Construction, LLC, the lowest responsive, responsible bidder, in the amount of$281,231.50 and approve a 10% contingency of$28,123.15 for a total of$309,354.65, approve a budget transfer from SWM Fund 304 in the amount of$136,482.65 and authorize the Mayor to execute the contract." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 11 CITY OF FEDERAL WAY MEMORANDUM DATE: April 1,2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor /� EJ Walsh, P.E.,Director of Public Workszz/ FROM: John Mulkey,P.E., Street Systems Projccl k'n4,oineer'} SUBJECT: Brook Lake Center Connector Trail at West Hylebos Wetlands Park 85% Bid Award FINANCIAL IMPACTS: This project was included within the approved budget under the 2019/2020 Surface Water Management (SWM) CIP budget(304, Project 284). In accordance with the approved budget, and additional unallocated funding this project is fully funded by SWM Utility Tax.Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through Parks Department maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND: This Project will connect the terminus of the West Hylebos Wetlands Park Boardwalk Trail to the Brook Lake Center property on the east side of Brook Lake. The project is entirely on City-owned property and will provide a second access point to the West Hylebos Wetlands Park Boardwalk Trail. The West Hylebos Wetlands Park and Boardwalk Trail are critical to SWM's public education and outreach efforts, including the annual Storming the Sound with Salmon Release Event, which has grown significantly since 2014. Logistics, safety, and parking are a challenge as the number of students, school busses, education stations,and salmon fry to be released have increased each year. Presently,the Boardwalk Trail ends at the northern end of Brook Lake at the Brook Lake Overlook. Building the Connector Trail will connect the Brook Lake Center to the existing Boardwalk Trail and allow additional access to facilities for students and the 40+volunteers that sponsor education stations. Improved logistic efficiency during the release event will allow SWM to sustain the event and the completed Connector Trail will provide all City residents another access point to the Park. Two bids were received and opened on March 20,2019 for the Brook Lake Center Connector project; please see attached Bid Tabulation Summary. The lowest responsive,responsible bidder is Talakai Construction,LLC, with a total bid of$281,231.50. Staff reviewed the bids received. As both bids were relatively close in cost, staff believes that the City is unlikely to receive better bids if the project was to be rebid. AVAILABLE FUNDING: SWM CIP Funds 1 $232,872.00 SWM Fund 304 Transfer $136,482.65 (Unallpcated) _ Total Available Funding $369,354.65 12 April 1,2019 Land Use and Transportation Committee Brook Lake Center Connector Trail at West Hylebos Wetlands Park Bid Award Page 2 PROJECT ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project costs based on the low bid: Design $50,000 Construction $281,231.50 10% Construction Contingency $28,123.15 Construction Management $10,000 Total Project Costs $369,354.65 Staff recommends awarding the Brook Lake Center Connector project to Talakai Construction, LLC, the lowest responsive, responsible bidder, in the amount of $281,231.50 and approve a 10% contingency of $28,123.15 for a total of$309,354.65 and authorize the Mayor to execute the contract. 13 ■ � \$ o a csi cE k k 2 0 /S LU G \ S 7 \ « \ q 0 0 0 ,a / D / 2 m § G 6 a 02 / % % Z � \ � � \ 0 / Ln � N � co co \ D 0 00 co I I-- 2 2 N a 0 V / p m r E 0 � C.) Z 0_ c LL @ C: LL 7 E e � R 2 u e c $ J)d ' j 1 / e \ / \ 2 | \ z k :t-- $ \ / f \ \ o f 0c CD a U < m \ \ o §= 2 / 0 / U) kk / 0 2 -0e e \ a \ � < COUNCIL MEETING DATE: April 16,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:RESOLUTION:RESOLUTION OF INTENT TO REFORM THE NORTH LAKE MANAGEMENT DISTRICT(NLMD)NUMBER 2 AND SETTING OF A PUBLIC HEARING DATE POLICY QUESTION: Should Council approve a Resolution of Intent to Reform the North Lake Management District Number 2 and set a public hearing date for the May 21, 2019 regular City Council meeting regarding the formation of the North Lake Management District 2? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 1, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Leah Myhre, Water Quality Coordinator 's DEPT: Public Works Attachments: Staff Report Petition for the Reformation of the NLMD Resolution of Intent to Reform NLMD Number 2 Options Considered: 1. Approve a Resolution of Intent to Reform the North Lake Management District Number 2 and set a public hearing date for the May 21, 2019 regular City Council meeting regarding the formation of the North Lake Management District 2. 2. Do not approve the resolution or set a public hearing date, and provide direction to staff. MAYOR'S RECOMMEiV ION: Option 1 MAYOR APPROVAL: J _ 1 DIRECTOR APPROVAL: �il�l1 Ct ,u,sittce cotlmiv t Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the April 16, 2019 consent agenda for approval. Mark Koppang, Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to approve the proposed resolution. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 15 CITY OF FEDERAL WAY MEMORANDUM DATE: April 1, 2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh,P.E.,Public Works Director Leah Myhre, Water Quality Program Coordinator lt/\ SUBJECT: North Lake LMD—North Lake LMD Petition Review, Resolution of Intent, and Setting of a Public Hearing Date FINANCIAL IMPACTS: North Lake Management District 2 (NLMD)activities are funded through the collection of special assessments that will be collected annually. These assessments are collected from property owners having properties adjacent to North Lake with lakefront footage or with deeded lake access.All City of Federal Way staff activities related to the NLMD are funded through these assessments,and thus will have no direct financial impacts on the City. BACKGROUND: After 10 years of successful lake management, 2019 will bring to a close the existing NLMD(2010- 2019). The NLMD provided an organizational structure and funding mechanism that allowed for proactive lake management focusing on the protection and enhancement of water quality, recreational use, and aesthetic value of North Lake. Citizens involved in the formation and operation of the NLMD are now interested in reforming the North Lake Management District Number 2 for another 10-year period. Attached is a signed petition to the City of Federal Way City Council to renew the Lake Management District Number 2,beginning in 2020 with duration through 2029.The petition is being submitted by the current North Lake Advisory Committee and contains the signatures of 27 property owners that represent 17.74%percent of the acreage contained within the boundaries of the proposed district. This meets the criteria set forth in RCW 36.61.030 for the initiation of a lake management district. A copy of the petition is attached. Should the Council find that the attached petition is sufficient,the NLMD reformation process requires that a resolution of intent to reform the NLMD be adopted and that a public hearing date be set on the reformation of the lake management district. 16 Petition to the Federal Way City Council to Renew the Lake Management District Number 2 for North Lake,2020-2029 We, the undersigned North Lake property owners, request that the Federal Way City Council renew the Lake Management District(LMD)Number 2 for North Lake pursuant to RCW 36.61 that will otherwise expire in 2019. The LMD funds will finance efforts to protect and enhance North Lake in terms of water quality, recreational uses, and aesthetic value. 1. Purpose of the Lake Management District • Form a Lake Management District that creates a funding source and an operational program for all future designated aquatic plant management, water quality management, and maintenance and monitoring activities. • Perform annual diver surveys to monitor changes in the aquatic plant community. • Control,remove, and contain aquatic plants, specifically non-native populations at as low a density as is environmentally and economically feasible, and at levels that will not impact public safety or the beneficial uses of the lake. • Reduce all other identified species of noxious weeds per the requirements of WAC 16-750 and even further, to levels that do not impact public safety, beneficial uses, or ecology of the lake. • Use appropriate aquatic plant control and treatment methods as needed for all other problematic aquatic weeds, using the best available science to identify and understand their effects on human, aquatic and terrestrial ecosystems prior to implementation. • Assess, improve, and monitor water levels and water quality. • Continue public education to prevent the introduction of noxious weeds, nuisance plants and non-native animal species to the lake; and to aid in the early detection of aquatic weed re-infestations. • Conduct a volunteer-driven water quality monitoring program that will track lake health based on the collection of data, including but not limited to: water level, temperature, Secchi depth, phosphorous and nitrogen. .• Conduct public education to reduce the amounts of non-point source pollutants entering the lake, which can result in increased aquatic algae. • Continue to involve the North Lake Community in lake quality improvement. • Advocate for the preservation of the forested lakeshore and wetlands of the former Weyerhaeuser Campus in Federal Way, a vital component of the North Lake-Hylebos watershed. • Uphold the Shoreline Management Act that protects shoreline natural resources against adverse environmental impacts. The 2004 North Lake Integrated Aquatic Vegetation Management Plan(IAVMP) and subsequent Annual Reports (2005-2018) include the basis for the annual LMD work plan and LMD management goals. The LMD will reimburse the City for costs incurred by staff in providing aquatic vegetation program management tasks. All management district lake improvement and maintenance activities described in RCW 36.61.020 may be considered in the LMD scope, including: (1) controlling or removing North Lake LMD Petition 17 Page 1 of 5 aquatic plants and vegetation; (2) improving water quality; (3) controlling water levels; (4)treating and diverting stormwater; (5) controlling agricultural waste; (6) studying lake water quality problems and solutions; (7) cleaning and maintaining ditches and streams entering the lake; (8) monitoring air quality; and(9) the related administrative, engineering, legal, and operational costs, including the costs of creating the LMD. 2. Boundary The proposed boundary of the LMD would include all property with lakefront on North Lake, and two individual adjacent properties that have lake access deeds. See attached map of proposed properties within the district. 3. Duration The proposed duration of the LMD renewal is 10 years. 4: Charges to Property Owners Annual rates and charges will be used to raise funds to support LMD activities. The following is the formula of rates and charges proposed for establishment of the assessment role for the LMD: Assessment Category Rate Revenue ($) Single Family Residential (RS9.6), Lakefront property Developed property (57 units) X$ 125.00 per unit $7,125 Vacant property(220 ft) X $ 0.85 per lakefront foot $187 Single Family Residential (RS9.6), Non-lakefront property with deeded lake access Developed property (2 units) X$ 90.00 per unit $180 Weyerhaeuser(CP-1) Commercial property (3,796 ft) X$ 1.00 per lakefront foot $3,796 WDFW Public Boat Launch Single annual assessment $4,000 TOTAL ANNUAL ASSESSMENT $15,288 It is proposed that unallocated funds in the current LMD at the end of 2019 roll over into the LMD Number 2 for North Lake, 2020-2029. The estimated maximum amount that is proposed for the LMD in 2020 is $15,288.00. An automatic increase based on the Seattle Consumer Price Index (CPI) will be included in each annual billing after 2020 per approval by the North Lake Advisory Committee. At no time is the increase to be more than five (5)percent per year. Total maximum LMD rate revenue for the ten-year LMD based on an annual five percent increase for inflation is $192,290.82. Issuance of revenue bonds is not proposed. North Lake LMD Renewal 2020-2029 Petition Page 2 of 5 18 The LMD budget and rates will be approved through a public hearing and a public vote after the city council adopts a resolution to form the LMD. Once approved by the public and city council,the annual rates and charges may not be altered without another public vote and city council approval with the exception of the CPI increase described above. 5. North Lake Management District Advisory Committee The volunteer North Lake Management District Advisory Committee (Advisory Committee) is proposed to represent the interests of LMD property owners in the various neighborhoods around the lake. City staff will work with the Advisory Committee to develop the annual work plan. The annual LMD work plan and budget will be forwarded by the Advisory Committee for implementation by the City's surface water utility. The Advisory Committee will track and review activities and expenditures by the City as well as outside contractors. City staff will provide Advisory Committee support including quarterly financial reports. North Lake LMD Renewal 2020-2029 Petition Page 3 of 5 19 _ « 7 ® ®\ \ : - * \/ D 0 ^ D 2 » { \ _ \ {c : z: 2 z - e c > $\ : z � \k \ / « \a C) @ D a) \ ƒ \ \ � �� U. & \ \( \ ) O ® \_ b ) ( f k 2 k § \2 L LL 3 ƒ \ \�_ \ ( j * z \ t *¥ { _ - 0 7 � )La L) c e = a - _ = j } «\ « m 4 w / %\ � e ' J } � � � � a)> &e ,aa, � �- ,�_ ,»_ S AV HiOP 39TH AVE S { � % ^ � � : ,x_ ,a m, \ ` 7a� ani, ,. . � �2 . � `A .AV !, _ + } A6RH ^ { < - 2 ; Petition to the Federal Way City Council to Renew the 03164111 Lake Management District Number 2 for North Lake,2020-20k RC W 36.61-030—A lake management district may be initiated upon either the adoption of a resolution of intention by a county legislative authority or the filing of a petition signed by ten landowners or the owners of at least fifteen percent of the acreage contained within the proposed lake management district,whichever is greater. Signature of Property Owner Full Address Parcel Number(if known) l.'.� -73411(,:4 - 33 P.v V L., S, aV n^z 2. 3;5q�f ( us 9dW fl Moo 3. 1 3 '-L--p / 5- l G /,/,a d C u /W 5. 6.L'L ,S k 1� r ct,v+-V—I- S 3 3 i s 3 3 (3 L. 9. 1d 14) 11. E 13 14. 3'1 J 15.18. ' 5 17. f . a 33d 7 3g u:� 5' North Lake LMD Renewal 2020-2029 Petition Page 4 of 5 21 /� � • ens. a, ! Petition to the Federal Vijay City Council to ]Renew the Lake Management District Number 2 for North Lake,2020-2029 RCW 36.61.030—A take management district maybe initiated upon either the adoption of a resolution of intention by a county legislative authority or the filing of a petition signed by ten landowners or the owners of at least fifteen percent of the acreage contained within the proposed take management district,whichever is greater. Signature of Property Owner Full Address Parcel Number(if known) 21. 3 23.A-(1e�� 24. 26. x' 27. > -S ..�G 28. 29. ,j ` � 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. North Lake LMD Renewal 2020-2029 Petition Page 5 of 5 22 Petition to the Federal Way City Council to Renew the Lake Management District Number 2 for North Lake, 2020-2029 RCW 36.61.030—A lake management district may be initiated upon either the adoption of a resolution of intention by a county legislative authority or the filing of a petition signed by ten landowners or the owners of at least fifteen percent or the acreage contained within ehe proposed lake management district,whichever is greater. Signature of Property Owner Full Address Parcel Number(if known) •. r r !�.: .,r ii I}7tt"tr; r�:n r:f J. 1 It ter, rc t: C�trthtic EullXcnar, S t'tud�rt� �)prrfr-CUFu 3. 4. 5. 6. 7. 8. 9. 10, 11. 12. 13. 14. 15. 16. 17. 18. 19, 20. North Lake UMD Itenewat 2020-2029 Petition Page 4 of 5 23 RESOLUTION NO. 19- A RESOLUTION of the City of Federal Way, Washington, to Reform North Lake Management District Number 2,Declaring Its Intention to Do So,and Setting a Public Hearing on the Reformation of the Proposed District. WHEREAS,the term of the current North Lake Management District Number 2 will expire at the end of 2019; and WHEREAS,North Lake contains significant natural resources,e.g.,wetlands,and supports many beneficial purposes including recreation,water quality,stormwater protection,aesthetics,and property value support; and WHEREAS, the City of Federal Way is committed to a good faith effort to continue these activities through a North Lake Management District; and WHEREAS, pursuant to RCW 35.21.403 and Chapter 36.61 RCW a lake management district may be formed to provide funding to support the maintenance and improvement of lakes;and WHEREAS, the North Lake community has demonstrated continued support for a North Lake Management District through submittal of a petition calling for the reformation of North Lake Management District Number 2,which contained the signatures of 27 property owners representing 17.74 percent of the acreage contained within the proposed reformed North Lake Management District Number 2; and WHEREAS,the signatures on the petition are sufficient to satisfy the requirements of RCW 36.61.030; and WHEREAS, the proposed reformed North Lake Management District Number 2 is in the public interest and the financing of the lake improvement and maintenance activities is feasible;and Resolution No. 19- Page I of 5 Rev 1/19 24 WHEREAS,the hearing notice requirements of chapter 35.61 RCW provide an opportunity to evaluate property owner interests in the reformation of North Lake Management District Number 2 activities. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Intention to Reform the North Lake Manaizement.District 2. The City of Federal Way City Council declares,by passing this resolution,its intention to conduct the activities required by Chapter 36.61 RCW for the reformation of the North Lake Management District Number 2 ("NLMD"). The signatures on the petition are sufficient to satisfy the requirements of RCW 36.61.030, the NLMD is in the public interest, and the financing of the lake improvement and maintenance activities is feasible.The nature of the proposed activity to be undertaken by the NLMD is the continued implementation of the North Lake Integrated Aquatic Vegetation Management Plan (IAVMP). The estimated annual maximum amount of special assessments that is proposed for the reformed NLMD is $15,288.00, which will be collected annually for ten years to finance NLMD activities. The estimated total amount to be collected during the life of the NLMD is$192,290.82, which includes an automatic inflation increase based upon an annual increase for inflation not to exceed five percent in any given year.The proposed duration of the NLMD is ten years from the date the NLMD is actually reformed by ordinance.The proposed boundaries of the NLMD encompass all properties adjacent to North Lake with lakefront footage or with deeded lake access. The proposed rate structure is based on equal charges for similar parcels. Undeveloped parcels with lakefront footage will be charged $0.85 per lakefront foot per year. Single family developed parcels with lakefront footage will be charged$125.00 per year. Single family developed parcels with deeded lake Resolution No. 19- Page 2 of 5 Rev 1/19 25 access will be charged$90.00 per unit.Commercial property will be charged$1.00 per lakefront foot per year. The Department of Fish and Wildlife parcel with a public boat launch will be charged $4,000.00 per year. Section 2. Public Hearin. A public hearing conducted by the City of Federal Way City Council shall be held on the formation of the proposed NLMD, as follows: DATE: May 21 st, 2019 TIME: 7:00 p.m. or shortly thereafter PLACE: City of Federal Way City Hall,33325 8th Avenue South,Federal Way,WA 98003 Section i. 1.:5tablislimeiii ol- hclyisory Coiiiniittee. If North Lake Management District Number 2 is reformed, the City of Federal Way City Council will reestablish a non-paid Advisory Board of lakefront property owners, which represents the diverse property owners around North Lake,to oversee the implementation of the NLMD program and to assist the City of Federal Way in establishing annual budgets and work plans for the use of NLMD revenues and expenditures. The Advisory Board will meet regularly as determined by the Board,propose annual budgets for NLMD expenditures to the City of Federal Way,educate its neighbors on NLMD issues,and submit annual reports of NLMD activities to the City of Federal Way. Section 4. Public Notice. The City of Federal Way Clerk is hereby directed to publish and mail notices as required by Chapter 36.61 RCW. Section 5. 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. Resolution No. 19- Page 3 of 5 Rev 1/19 26 Section 6. 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 7.Ratification.Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 8.Effective Date.This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. 19- Page 4 of S Rev 1/19 27 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. 19- Page 5 of 5 Rev 1/19 28 COUNCIL MEETING DATE: April 16, 2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO ACCEPT WA STATE TRANSPORTATION IMPROVEMENT BOARD COMPLETE STREETS GRANT POLICY QUESTION: Should City Council authorize staff to accept WA State Transportation Improvement Board grant funding for a complete street project and transfer$100,000 from the Traffic Impact Fee account for matching funds? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 1,2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Erik Preston,P.E. Senior Traffic Engineer DEPT: Public Works Attachments: Staff Report Options Considered: 1. Accept WA State Transportation Improvement Board(TIB)grant funding for the Complete Street Project at the intersection of S 3201h Street and Pacific Highway and authorize the transfer of$100,000 from the Traffic Impact Fee account for matching funds. 2. Do not approve accept the TIB grant funding or authorize the transfer of Traffic Impact Fee funds and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 16, 2019 Council consent agenda for approval. MAYOR APPROVAL: j ICj DIRECTOR APPROVAL: �✓I�ZII� l.I t.oun tiilliauD3lC Initiat/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 16, 2019 consent agenda for approval. Mark Koppang,Committee Chair Jesse Johnson, Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move to accept Transportation Improvement Board(TIB)grant fundin-fi)r the Complete Street Project at the intersection of S 320`/' Street and Pacific Highway and authorize the transfer of$100,000 from the Trac Impact Fee account for matching funds." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 29 CITY OF FEDERAL WAY MEMORANDUM DATE: April 1, 2019 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh,P.E.,Public Works Director Erik Preston,P.E., Senior Traffic Engineer SUBJECT: Authorization to Accept WA State Transportation Improvement Board Grant Funding for Complete Streets Project FINANCIAL IMPACTS: This Complete Streets project was not included in the current budget due to timing of the grant application process. The total project costs are estimated to be $200,000 with the proposed funding make- up to include $100,000 (TIB Grant); and $100,000 from the Traffic Impact Fee (TIF) account. A budget amendment will be required prior to project construction in 2020. This project is a sidewalk and signal retrofit project and therefore, no additional operation and maintenance funds will be required. BACKGROUND: In 2015, the legislature authorized Complete Streets Award funding (administered through the Transportation Improvement Board (TIB)) to any local agency who has an adopted complete streets ordinance and shows an ethic of planning and building streets that use context sensitive solutions to accommodate all users, including pedestrians, transit users, cyclists, and motorists. This program is unique in that it provides flexible funding to be utilized to improve the transportation experience for all users and can range from operation and maintenance to capital improvements. In order to be considered for a Complete Streets Award,the local agency must receive a nomination from at least one of eight eligible non-motorized transportation advocate groups or agencies. The City received two nominations: one from Feet First and Community Transportation Association-NW. Once confirmed for an award, TIB requests a work plan from each agency detailing what the funds will be utilized for. Funds need to be utilized within 20 months in order to be eligible for the next round of Complete Streets awards. After consultation with TIB, it was determined that funding should be focused on upgrading known obstacles within high priority pedestrian corridors. Consistent with the city's Draft American with Disabilities Act(ADA) Transition Plan,the highest priority pedestrian corridors are within the city center. The proposed project will upgrade the curb ramps and pedestrian signal push buttons at the intersection of S320 1h Street and Pacific Highway South to meet current ADA standards. 30 COUNCIL MEETING DATE: April 16,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:UNDERGROUND UTILITY LOCATING SERVICES AGREEMENT POLICY QUESTION: Should the City Council approve the Underground Utility Locating Services Agreement with USIC Locating Services, LLC? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 1,2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desire6 S.Winkler,P.E.,Deputy Director DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated April 1,2019 Underground Utility Locating Goods and Services Agreement Options Considered: 1. Approve the Underground Utility Locating Services Agreement with USIC Locating Services, LLC, in the amount not-to-exceed$150,000.00,and authorize the Mayor to execute the agreement. 2. Reject all proposals for the Underground Utility Locating Services and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 16, 2019 City Council consent agenda for appr�� MAYOR APPROVAL: _ 1. cn "Fj 9 DIRECTOR APPROVAL: !/ �2zI Iti CA �nittee Counc Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the April 16, 2019 consent agenda for approval. Mark Koppang,Committee Chair Jesse Johnson,Committee Member Hoang Tran,Committee Member momannommussoftPROPOSED COUNCIL MOTION: "1 move approval of the Underground Utility Locating Services Agreement, effective May 1, 2019 through December 31, 2020 with a total compensation not-to-exceed $150,000, and authorize the Mayor to sign said agreement." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 31 CITY OF FEDERAL WAY MEMORANDUM DATE: April 1, 2019 TO: Land Use&Transportation Committee VIA: Jim Ferrell. Mayor /J EJ Walsh, ['.L;., [)hector of Public WorkWe FROM: 7esiree S.Winkler, P.E.,Deputy Public Works Director SUBJECT: Underground Utility Locating Services Agreement FINANCIAL IMPACTS: This project was included within the 2019-2020 budget for both Surface Water Management and Traffic Division for a total of$92,410 per year. This will replace the current Traffic contract of$27,410 per year with King County. No new General Fund money will be allocated to this contract, however the City's risk associated with utility strikes will be reduced from the current contract amount. Within the Surface Water Management $65,000 per year has been programmed to fund this contract.To continue to meet the expanding requirements of our NPDES Permit, without this contract,the City would need to either hire an additional SWM Inspector or outsource other inspection work. Both of those options would have a larger financial burden on the City than outsourcing the utility locate contract. This contract will be managed by existing staff, and no other Financial Impacts are anticipated. BACKGROUND: During the 2019-2020 budget process Public Works reviewed all of our in-house and contracted services to identify both financial savings and also opportunities to create efficiencies within the Public Works Department. One area that was identified was the Underground Utility Locate program. The City is required by RCW to mark-out or confirm there are no City owned utilities (Surface Water, Street and Traffic Lights,Fiber)when a One Call is requested within City Limits. Currently a Surface Water Management Inspector marks-out Surface Water utilities; Street and Traffic Lights are marked out as part of a contract with King County; and Fiber is largely not marked. In the event of a utility being hit during construction, if the City did not mark or cause the utility to be properly marked, the City is liable for the repair costs. Surface Water Management originally had 0.2 FTE of an inspector dedicated to meeting this requirement. Currently SWM has 0.5 FTE dedicated to complete the increased workload associated with the increasing amount of development occurring within the City. Inspection requirements from Ecology associated with the City's NPDES Permit have also increased over the last several years and without outsourcing this SWM will be required to bring in additional staff or contracts to complete other NPDES Permit mandated requirements such as Commercial Inspections, Surface Water Outfall Inspections,and Catch Basin Inspections. Within the 2019 -2020 budget, Surface Water allocated$65,000 towards contract funding. Traffic currently contracts with King County to complete this work at an approximate cost of$27,410 per year. In accordance with the King County Contract, they operate as an extension of our staff,meaning if 32 April 1,2019 Land.Use and Transportation Committee Underground Utility Locate Agreement Page 2 something is not marked or miss-marked the City is liable for the damage to the utility, not the County. This same funding amount is proposed to be transferred to this program,with no increase in funding. IT typically does not mark out fiber,meaning if there is a strike or damage,the City is fully liable for damages. While these are not budgeted,when a strike occurs it typically costs approximately$5,000 to $50,000.The cost for IT to be included within this contract was identified as approximately$10,000 per year,however this was not funded as part of the 2019-2020 budget. The approved budget includes outsourcing both the Surface Water Management and the Traffic components to a single,competitively secured, contract.As part of the new contract,the successful firm will assume the liability that is currently being transferred from King County to the City. The request for proposals includes an hourly rate for locating fiber optic cable upon City special request outside of the one call system.Although currently not budgeted for,this pre-determined rate provides flexibility to add this service at a future date if additional funding becomes available or is necessary as part of a separately funded project. Only one proposal was received.Although seemingly non-competitive, it was not surprising, as USIC Locating Services,LLC is the primary underground utility locator in the area and therefore benefits from economies of scale providing locates for other utilities in the same location.USIC Locating Services, LLC has a proven track record,positive references, and reasonable costs,and therefore,staff recommends entering into this agreement. Table 1: Expenditures Dates of Service Cost May 2019—December 2019 $ 55,470 January 2020—December 2020 $ 94,530 L TOTAL i $150,000 Table 2: Revenue Revenue Source Amount May 2019—December 2019 (reduced $ 16,000 King County Traffic Contract) January 2020—December 2020 $ 27,410 (reduced King County Traffic Contract) SWM-2019 $ 65,000 SWM-2020 I $ 65,000 On-call locates and fiber locates for TBD capital projects TOTAL $173,410 33 CITY 01: CITY HALL Federal t Feder 8th Avenue South ■Yl■Y■ Federal Way, WA 98003-6325 ��-�r '� y (253) 835-7000 ,viwvcitVoffederalut vcorn GOODS AND SERVICES AGREEMENT FOR UNDERGROUND UTILITY LOCATING This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and USIC Locating Services, LLC, an Indiana Limited Liability Company ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: USIC LOCATING SERVICES,LLC: ' CITY OF FEDERAL WAY: Darin Stalbaum, Vice President Cole Elliot, Development Services Manager 9045 North River Road, Suite 300 33325 8th Ave. S. Indianapolis, IN 46240 Federal Way, WA 98003-6325 317.575.7800 (telephone) 253.835.2730 (telephone) 317.663.0708 (facsimile) 253.835.2709 (facsimile) darinstalbaum@usicllc.com Cole.elliot@,cityoffederalway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2020 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete GOODS AND SERVICES AGREEMENT 34 9/2017 My OF CITY HALL L Fe d eraI Way Feder 8th Avenue South Federal Way,WA 9800303 -6325 (253) 835-7000 wim a6,offederalway coin the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Timc, Documentarian, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may,but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty(30) days' written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit `B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit `B," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to-deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. GOODS AND SERVICES AGREEMENT 35 9/2017 City ow CITY HALL ,.. South aiii .... Federal Way Feder 8th Avenue 8003 Federal Way, VIA 98003-8325 (253) 835-7000 mvw crt_v0{fedea7hvny.com 4.4 Nan-Appropriation cif f UII(Is. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses 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 Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. GOODS AND SERVICES AGREEMENT 36 9/2017 CITY OF CITY HALL . Feder 8th Avenue South Way Federal Way,WA 98003-6325 Federal e ra I Wa " _ (253) 835-7000 mvw c:rtyoffederaiway.com 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than$3,000,000 for each occurrence and $3,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurarZCC, sel F-insurance, or insurance pool covera-e maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit"C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are"claims made,"Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. $. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. GOODS AND SERVICES AGREEMENT 37 9/2017 ci X Y OF CITY HALL . 33325 8th Avenue South Federal Way. WA 98003-6325 Federal Way (253) 835-7000 www.WyoffederalwaY coa) 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR/EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safetv. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Tenn for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close GOODS AND SERVICES AGREEMENT 38 9/2017 Clry OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 ,ivry cityoffede+alway coal family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. E;QU;% 0PP0RTITN1TV EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 InteMretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall 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 other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. GOODS AND SERVICES AGREEMENT 39 9/2017 cl T Y of CIT( HALL ' Fe d e ra I Way 33325 8th Avenue South Federal Way,WA 98003-6325 ' (253) 835-7000 awvwWyoffederalway com 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. 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 above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement 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. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. 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; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] GOODS AND SERVICES AGREEMENT 40 9/2017 ct(Y OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crtyoffec7eralway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney USIC LOCATING SERVICES, LLC: By: Printed Name: Title: DATE: 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_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires GOODS AND SERVICES AGREEMENT 41 9/2017 CITY Of- CITY HALL Fe d e ra I Way Feder 8th Avenue South �' Federal 5-7 0 98003-6325 (253) 835-7000 avow cityOffederalwaycorn EXHIBIT A SERVICES The City owns underground facilities consisting of: • Storm Ihainage: Storm Drainage Facilities Including,but not limited to: o Storm Drainage Pipes o Catch Basins o Storm Drainage Vaults and Tanks • Electrical: Electrical Conduits and Conductors Including,but not limited to: o Electrical Conduits and Conductors for Street Lighting Systems o Electrical Conduits and Conductors for the Traffic Signal System o Copper Interconnect system for Traffic Signal Systems • City Fiber System Not included in Normal Locate Rate): Conduits and fiber optic cable. The underground facilities may be constructed of concrete, steel, aluminum, copper, or plastic. The facilities are generally within public right-of-way but may also be on an easement to which the City has rights, or within City owned property. The Contractor agrees to furnish labor, supervision, tools, equipment and transportation as required to locate Underground Facilities owned by the City, as requested by the City. In performing such services, the Contractor will comply with all applicable federal, state, county and local laws, ordinances and regulations, and will be responsible for obtaining all business licenses,permits, inspections, and other authorizations required for the Contractor's performance of this Contract. The City joined and is separately contracting with the Northwest One-Call Subsurface Warning System(herein referred to as NW One-Call) for notification of requests for locating and marking underground (subsurface) facilities. NW One-Call will forward utility underground locating requests to the selected Contractor. The Contractor shall provide to the City two (2) email addresses at which to forward locate requests. The Contractor shall also provide at least two (2) telephone numbers that are monitored 24/7 and will be responded to within two (2) hours if the email notification system is non- functional for any reason. SECTION I–DEFINITIONS The definitions of Chapter 19.122 RCW in their entirety are hereby incorporated by reference. A. "APWA Guidelines"—Marking standards as defined by the America Public Works Association,www.apwa.net. B. "At Fault Damages" —Damage to City's Underground Facilities caused by an Excavator that occurs with respect to Locatable Underground Facilities unless Contractor can demonstrate that the Locate was done with Reasonable Accuracy. C. "Consequential Damages" — Shall include,but not limited to, loss of anticipated profits, loss of revenue, loss of use and cost of capital. D. "Consumer-Owned Facilities"—Any Underground Facility maintained,but not owned by the Facility Owner. E. "Contract Service Area" — Geographical service area that City requests Contractor to perform locating services which is the corporate limits of the City of Federal Way,as they exist today or modified in the future. F. "Excavation Site" —The area where an Excavator intends to or actually performs Excavation. G. "Excavator Notification" — Notification given to the Excavator that Underground Facilities are not present at the Excavation Site. H. "Facility Owner" — The owner of a specific Underground Facility. For purposes of this Contract, the Facility Owner is the City. 42 GOODS AND SERVICES AGREEMENT Rev.9/2017 ct r r of CITY HALL Fe d e ra I Wa 33325 8th Avenue South � Federal Way.VVA 980038003 -6325 (253) 835-7000 1,vti nv.cavOlfederalway com I. "Locate" — The process of detecting Underground Facilities through the use of inductive or conductive equipment and Marking the surface of the ground to identify the existence and horizontal location of Underground Facilities. J. "Locate Request' —Notice of proposed Excavation made by an Excavator to the One-Call Center. K. "Maps and Records" — Information supplied in electronic format to Contractor by the City that shows the approximate horizontal location of the City's Underground Facilities. L. "Master Construction Contractor" — City's designated representative that performs construction and placing services for new Underground Facilities. M. "One-Call Center" — A service through which a Person can notify utility companies of proposed Excavation and request field Marking of Underground Facilities. For the City of Federal Way, the current One-Call Center is NW One-Call. N. "Positive Response Center" — A service, usually provided by the One-Call Center in the state of Washington, that receives all information related to the completion of a Locate Request. O. "Pot Hole" — The process of physically exposing City's Underground Facilities in a small area, thereby visually identifying the facility's location. P. "Screen" — The process of utilizing City supplied Maps and Records in order to determine that City owned Underground Facilities are not in conflict with proposed excavation. Q. "Site Surveillance" — To guard and protect City's Underground Facilities during unusual or extensive Excavation projects (e.g. road widening projects, sewer projects, etc.), provide such continuous on-site locating services as may be necessary to ensure Markings are visible to the Excavator. "Site Surveillance" is also known as standby protection. R. "Utility ID Code" — One-Call Center's unique identifier that establishes the City's geographical service territory. SECTION II–CONTRACTOR'S DUTIES AND RESPONSIBILITIES The Contractor shall: A. Provide sufficient qualified staff, office, marking equipment, and computer systems compatible with the existing communications system used by the One-Call Center. Contractor will provide transportation, traffic control (as needed), and supplies to fulfill its duties under this Contract. B. Provide sufficient qualified staff, office, and computer system with software compatible with existing electronic mapping system utilized by the City. C. Receive and record Locate Requests from the One-Call Center on Business Days during the normal office hours of the local One-Call Center(typically 7:00 am through 5:00 pm). D. Receive and record Emergency Locate Requests outside Business Day hours and respond within two (2) hours of receiving an Emergency Locate Request. E. Upon receipt of a Locate Request, Contractor will determine whether a field visit to the excavation site and a visual examination is required to determine if a conflict exists between the City's Facilities and the proposed excavation. For all sites with City owned utilities within 300 feet of Locate Request, a field visit shall be completed. If Contractor determines that no field visit or visual examination is necessary using City-provided Maps and Records, Contractor will proceed under Section II,Paragraph G. F. If Contractor determines that there are Locatable Facilities present at the excavation site, it will indicate the presence of those facilities with appropriate Markings. G. If Contractor determines that the City's Facilities are not present at the excavation site, Contractor will either notify the Excavator or Positive Response Center prior to the proposed excavation that City's Facilities are not present or mark the excavation site in a manner to indicate that City's Facilities are not present at the proposed excavation site 43 GOODS AND SERVICES AGREEMENT Rev. 9/2017 city of CITY HALL *61 Fe d e ra I Wa 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cuyoffederahvay com and perform required mark out services according to APWA Guidelines and following State damage prevention laws for the Contract Service Area(s). H. If excavation is to occur within five(5) feet of a storm drainage pipe that exceeds twenty(24) inches in diameter, the Contractor shall notify the City's representative when the Positive Response Center is notified. 1. When the Underground Facility is Identified, but Unlocatable, the Contractor must contact the City's representative within two (2) hours of discovery, and advise the representative of the situation. The City's representative will determine the course of action to be taken. If no course of action is successful, the Contractor shall notify the Excavator of the presence of an Identified, but Unlocatable Facility and caution the Excavator that any location information supplied may not be within the definition of Reasonable Accuracy. Contractor is not liable for any damages to Identified,but Unlocatable Facilities. J. Investigate all incidents of damage (referred to Contractor by City in accordance with Section IV, Paragraph B) for accuracy of the Locate(s) and submit to the City a written report of such investigations. Such report will contain Contractor's determination as to whether the Damage to City's Facilities constitutes At Fault Damages. The City shall have thirty(30) days after receipt of Contractor's written report to contest Contractor's conclusion. Unless the City notifies the Contractor in writing within such period that it disputes the Contractor's conclusion as to At Fault Damages, Contractor's conclusion with regard to that issue shall be deemed binding with respect to this Contract. The Contractor will maintain a copy of such written reports for a period of three (3) years, or such longer period as may be required by State law. Upon request,the Contractor will give testimonial support in cases deemed necessary by the City. The charges for investigation of damage and testimonial support will be billed at the hourly rate (Attachment A, "Hourly Rate"), however, if the damage was a result of the Contractor's failure to Locate a Locatable Underground Facility with Reasonable Accuracy, then the Contractor shall not be reimbursed for the damage investigation charges. K. Provide additional services such as Site Surveillance, Marking of Consumer-Owned Facilities, and maintenance of marks and stakes if specifically requested to do so by the City's representative. Prior to the Contractor's commencement of the additional services, the City must specifically approve such additional services in writing and the costs charged will be at the hourly rates specified in this Scope of Work. L. Notify the City's representative of any discovered discrepancies or omissions in the records or other information provided to the Contractor by the City. In the event that the Contractor updates City provided mapping based on field discoveries, such mapping shall be supplied to the City. M. Retain and safeguard the City's location maps and records. Records shall not be disclosed or made available to any Person not approved by the City, except as required by law. Requests for maps and records will be directed to the City representative. N. Maintain records appropriate to support the invoicing and reporting requirements set forth in Section 111. The Contractor agrees to retain such records for a period of six (6) years, or such longer period as may be required by State law. O. Any other provisions of this Contract to the contrary notwithstanding, the Contractor maintains the right to decline any Locate Requests for site surveys, locating and Marking services in areas which the Contractor deems impractical to serve because of inaccessibility, safety, or other considerations approved by the City. Contractor shall notify the City within two (2) hours of discovery, if such an instance occurs. P. Contractor shall notify the City representative within two (2)hours of becoming aware that any City facility has been damaged. Q. Contractor shall be responsible for paying the City's Restoration Costs for disturbed or damaged Facilities to return the Facilities to substantially the same or better condition only if: a) Contractor receives a request to provide Locate Services with respect to the City's Facilities, and b) the Damage to the City's Facilities constitutes an At Fault Damage. Restoration costs payable by Contractor shall not exceed $25,000 per incident. If the Damage to the City's Facilities is not At Fault Damages or if the City's Facilities are Unidentifiable Facilities or Unlocatable Facilities, Contractor's responsibility will be limited to providing whatever support to the City it can reasonably provide to establish whether the Excavator or another third party is liable for such Damage to the City's Facilities. 44 GOODS AND SERVICES AGREEMENT Rev.9/2017 CITY OF CITY HALL ,,wr . 33325 8th Avenue South Fe d e ra I Way Federal Way. vVA 98003-6325 (253) 835-7000 wmv cityoffederalway..com SECTION III—CITY'S DUTIES AND RESPONSIBILITIES The City shall: A. Provide to the Contractor electronic Maps and Records (including overall service area maps) of the City's Underground Facilities. These maps, drawings, and electronic mapping data will reflect the most current information available to the City. Updates to Maps and Records shall be provided to Contractor on at least a quarterly basis. The underground facility maps and records currently available are as follows: I.Storm Drainage: The City shall provide the Contractor the stormwater electronic underground facility mapping data in an ESRI Shapefile format compatible with GIS software. 2.Electrical:The City will provide a PDF or ESRI shape file of the traffic signal, street light, and copper interconnect locations. In addition, PDF construction drawings of each traffic signal intersection showing general locations of conduit and conductor paths will be provided. 3.City Fiber Optics: The City will provide a PDF or ESRI shape file of the fiber optic system. B. The City shall take steps necessary for the One-Call Center to send all tickets directly to Contractor and shall pay for all charges associated with the One-Call Center ticket transmissions. The City shall forward any direct Locate Requests to One-Call Center. C. The City agrees that Contractor will have the right to screen tickets using City-provided Maps and Records.The City also agrees that Contractor will not be liable for any damages that occur as a result of incorrect prints that were used to screen locations. D. The City shall notify the Contractor within two (2) hours of City receiving a notification of damage so the Contractor can conduct a timely and thorough investigation. If the City fails to notify the Contractor within seventy-two (72) hours of the City learning of the damage, the Contractor is not responsible or liable for any costs associated with the repair to the damaged facility. E. The City shall not be responsible for any violation or fine assessed against Contractor by any.government entity in connection with the work contemplated and/or performed under this Contract. SECTION IV—INVOICING,REPORTING AND RESPONSIBILITIES A. Rate Types: 1. Normal Locate Rate (Field)—Rate applied to each Locate Request received from the One-Call Center for marking the City's Underground Facilities (Storm and Electrical only) in accordance with the APWA standards and/or Damage Prevention laws of Washington requiring a Site Visit and marking utilities or lack thereof. All locate requests will have a maximum footage of 300 feet per request. Requests in excess of 300 feet will be billed as an additional"Normal Locate Rate"ticket for each 300-foot increment. 2. No Conflict Rate—Rate applied to each Locate Request that is determined as not in conflict (Storm and Electrical Only) and cleared without having to make a site visit. 3. Hourly Rate — Rate applied for work requested by the City outside the normal scope of completing Locate Requests, including Site Surveillance, Locate Requests for survey work, Marking Consumer-Owned Facilities, damage investigations (one hour per investigation except as specified in Section II Paragraph 1) and any special reporting requested by City. 4. Hourly Overtime Rate/Call Out Rate —Rate applied for any Hourly work that exceeds eight (8) hours in a given day or Hourly work outside of normal working hours 7:00 AM to 5:00 PM, Monday through Friday, except holidays. This rate is also applied to any Emergency Locate Request that is received and requires response by Contractor outside normal working hours on Business Days. 45 GOODS AND SERVICES AGREEMENT Rev.9/2017 c1 r v OF CITY HALL ''�.�... 33325 8th Avenue S Federal Way, 98003003 -6325 Federal Way (253) 835-7000 wmv C;PVoffederahyay com 5. City Fiber Optic Cable Locate — Rate applied for work requested by the City, specific to the City Fiber Optic System, including Site Surveillance, Locate Requests for survey work, Marking Consumer-Owned Facilities, damage investigations (one hour per investigation except as specified in Section II Paragraph 1), and any special reporting requested by City. Assume that the fiber optic conduit will require installation of a traceable wire within existing conduit for locating. B. The Contractor will invoice the City on a monthly basis for all Locate Requests and Hourly work completed during the preceding calendar month. C. The Contractor's monthly invoice shall include the following: 1. The City's name; 2. The period during which the services were performed(the`Billing period"); 3. The total number of Locate Requests received; 4. The total number of Locate Requests completed, by rate; 5. The total number and nature of additional Hourly or other services performed for the City; 6. The total charges for the Billing Period. D. The monthly report to accompany and support the invoice will include an itemized tabulation which shows the following information with respect to each Locate Request the Contractor received: 1. Ticket number; 2. Date of completed Locate Request; 3. Locations of proposed excavation; and 4. Type of request. 46 GOODS AND SERVICES AGREEMENT Rev.9/2017 CITY OF CITY HALL ' ! Fe d e ra I Way 33325 8th Avenue, WASouth Federal Way, VV98003-6325 (253) 835-7000 www C;Woffederal way.COI77 EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00). 2. Method of Compensation: Unit price In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount, calculated on the basis of the unit pricing and/or hourly labor charge rate schedule for Contractor's personnel as shown below: ITEM ITEM UNIT ESTIMATED UNIT EXTENDED WSST** TOTAL NO. DESCRIPTION QTY PRICE PRICE 1 Normal Locate Rate EA 2,200 $18.50 $40,700.00 $0 $40.700.00 (Storm and Electrical Only) 2 No Conflict (Storm EA 2,700 $18.50 $49,950.00 $0 $49.950.00 and Electrical Only) Cleared Rate 3 Hourly Rate Hour 40 $52.00 $2,080.00 $0 $2,080.00 4 Callout/Overtime Hour 20 $50.00 $1,000.00 $0 $1,000.00 (OT) Hourly Rate 5 City Fiber Optic Hour 40 $20.00 $800.00 $0 $800.00 Cable Locate Total: 1 $94,530.00 1 $0 $94,530.00 The base proposal included estimated quantities for twelve months of service. The total compensation has been prorated for nineteen months of service. 47 GOODS AND SERVICES AGREEMENT Rev. 9/2017 This page left blank intentionally. 48 COUNCIL MEETING DATE: April 16,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO CHANGE SPONSOR FOR KING COUNTY CONSERVATION FUTURES FUNDING AWARD POLICY QUESTION: Should City Council authorize staff to submit a request to King County for a change in sponsor for the Conservation Futures Fund 2019 Award in the amount of$500,000. COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 1,2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Theresa Thurlow, P.E. SWM Division Manan r DEPT: Public Works Attachments: Staff Report Options Considered: 1. Authorize staff to submit a request to King County for a change in sponsor for the Conservation Futures Fund 2019 Award in the amount of$500,000. 2. Do not authorize staff to submit a request to King County for a change in sponsor for the Conservation Futures Fund 2019 Award in the amount of$500,000 and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 16,2019 Council consent agenda for aper val. MAYOR APPROVAL: DIRECTOR APPROVAL: mmit Ca kil IntiallG+a�a InitizWalc Initial/Datc COMMITTEE RECOMMENDATION: I move to forward Option I to the April 16, 2019 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 submit a request to King County for a change in sponsor for the Conservation Futures Fund 2019 Award in the amount of$500,000. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED— 12/2017 RESOLUTION# 49 CITY OF FEDERAL WAY MEMORANDUM DATE: April 1, 2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Theresa Thurlow, P.E., Surface Water Manager It— EJ"Walsh, P.E., Public Works Director SUBJECT: Authorization to Change Sponsor or King County Conservation Futures Funding Award FINANCIAL IMPACTS: The Hylebos Conservation Property Acquisition project was included in the 2017 SWM CIP update and approved by City Council on June 6, 2017. The approved budget for this project is$2,000,000 of which $1,000,000 is SWM CIP (304)funding and$1,000,000 is King County Conservation 2018 Futures Tax levy(CFT) award. On January 15, 2019 City Council authorized SWM staff to accept the 2019 CFT funding award in the amount of$500,000. Forterra previously received funding from the State Legislature for the same cause, and the Conservation Futures Funding award identified this State funding as the match for the 2019 CFT award of$500,000. SWM Staff is requesting authorization to submit to King County CFT program for a change in sponsor for this approved fund award to Forterra, as they are the lead sponsor for this project. There is no impact to the SWM(304)budget as no matching funding was identified for this award. Project Funditrg Those) Est Acquisition Year King County CFT 1001%,City Match East Hylebos Basin $8,500,000 Acquisition 2018 $1,000,000 SWM CIP (304) 2019 $500,000 0.00 50 COUNCIL MEETING DATE: April 2,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO APPLY FOR SOUND TRANSIT SYSTEM ACCESS FUNDS POLICY QUESTION: Should City Council authorize staff to apply for Sound Transit System Access funds for two projects supporting access to and from existing and planned Sound Transit facilities? COMMITTEE: Land Use and Transportation MEETING DATE: April 1, 2019 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution N Other STAFF REPORT BY: Tony Doucette, P.E., Sound Transit Liaison tP DEPT: Public Works Attachments: Staff Report Options Considered: 1. Recommend authorizing staff to apply for Sound Transit System Access funds for two projects supporting access to and from existing and planned Sound Transit facilities and returning to Committee and Council if funds are awarded. 2. Do not recommend authorizing staff to apply for Sound Transit System Access funds and provide direction to staff. MAYOR'S RECON1:tii FN DA[ION: The Mayor rec mends Option 1. [ MAYOR APPROVAL: _ 1 ,DIRECTOR APPROVAL: Coi millee Coll iI `� initiaU[7atr Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to recommend Option 1 authorizing staff to apply for Sound Transit System Access funds for two projects supporting access to and from existing and planned Sound Transit facilities. Mark Koppang,Committee Chair Jesse Johnson, Committee Member Hoang'T'r<ul.Coimnittee N'ICr1)el' PROPOSED COUNCIL MOTION:N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# 51 CITY OF FEDERAL WAY MEMORANDUM DATE: April 1, 2019 TO: Land Use &Transportation Committee VIA: Jim Ferrell,Mayor FROM: EJ Walsh,P.E., Public Works Director Tony Doucette, Sound Transit Liaisons SUBJECT: Authorization to Apply for Sound Transit System Access Funds FINANCIAL IMPACTS: This authorization is to apply for Sound Transit System Access Funds to be used on projects that improve access to and from Sound Transit's transit facilities. Of the projects proposed in the City's grant funding application, one is included in the Streets Capital Improvement Plan but is not funded in the Transportation Improvement plan. The second project is not included currently but will be programmed if selected to receive grant funding. These projects will be implemented in 2021-2022. Proposed matching finds of$250,000 and$300,000 will be budgeted out of the annual LIFT and/or BEET funds dedicated to Transportation Capital Projects. Ongoing operations and maintenance will be funded out of the streets operations and maintenance budget. BACKGROUND: Puget Sound voters approved Sound Transit 3 (ST3) in 2016 to dramatically expand Transit facilities in the region. ST3 included a$100M System Access Fund to be allocated equally among Sound Transit's five subareas, where the South King County subarea includes the City of Federal Way. Each jurisdiction within Sound Transit's service area is allowed two submit up to two applications for funds. The stated goal of the System Access Fund is to help fund improvements that make it easier for riders to get to and from Sound Transit's stations and facilities as well as facilities that Sound Transit serves. Consistent with the goal of the System Access Fund, Public Works and Community Development staff reviewed planned Streets Capital and Transportation Improvement Plans and brainstormed potential new projects to both benefit the citizens of Federal Way and improve transit system access. Two projects stood out for applicability to the grant goal, strength compared to the grant evaluation criteria, and quality of the project to benefit downtown Federal Way. The first project is the Pedestrian Pathway Improvements to the Federal Way Transit Center and involves four different pedestrian pathway improvements: • Connection A will provide a sidewalk on the north side of S 319th PI between the Gateway Center Plaza shopping center and 23rd Ave S. 52 April 1,2019 Land Use and Transportation Committee Authorization to Apply for Sound Transit System Access Funds Page 2 • Connection B will connect the west side of 25th Ave S between Steel Lake Presbyterian Church and S 322nd St. • Connection C will provide a pathway between S 314th St and S 316th St on the east side of the Performing Arts and Events Center. • Connection D will create a midblock connection between Pete Von Reichbauer Way S and 21St Ave S. All four connections will construct a dedicated sidewalk and preserve pedestrian access between large blocks within the City Center. Connections A and D will require easements while connections B and C are within existing right-of-way or property that the City owns. The second project is Signalizing the Intersection at 21St Ave S and S 320th St. This project is currently identified on in the City's Capital Improvement Plan but is not funded in our Transportation Improvement Plan. The project will add a traffic signal at 21St Ave S and S 320th St to provide a safer pedestrian crossing on the west side of the Federal Way Transit Center station improvements. The signal installation will include accessible pedestrian push buttons, countdown pedestrian,signal heads,new crosswalks and a pedestrian rcfitge island across S 320th St. Staff are requesting authorization to submit applications for both projects to the Sound Transit System Access Fund and will return to Committee and Council for further updates if selected to receive funds. Maps of both projects are attached to this memorandum and applications are due by April 12, 2019. 53 City of Pedestrian Pathway Improvements Ctyo Federal M2019 arch GIS Division 33325 8th Ave S Federal Way to the Federal Way Transit Center Federal Way,WA 98003 253-835-7000 www.c ryoffed eralway.com Legend Pga,so� w ^�Proposed Pedestrian Pathways - - .,... .p Federal _ - ' Way •,<n s< y a s g Tacoma 9 s m " ,.. \. e➢iF � i�pin R^' _ n �y'•�`a ry // = r a Milton a a ra, Ulm t �x F 44 , R tA4 $a r , wyy'�� ' .- r A r t . All w r. I North side of 5 319th PI bets+seen 23rd Ave Sand 5 Gateway m Connection A Center Plaza West side of 25th Ave S betiveen Steel Lake Presbyterian . Connection B Church and S 322nd St a Connection C PAEC connection betvdeen S 314th St and S 3161h St Connection IJ Midblock connection between PVR Way S and 21st Ave 5 ^,,. .. CITY OF AkN Federal Way Scale: This map is intended for use as a graphical representation. 0 400 800 The City of Federal Way makes R:\staceyc\P=TonyD\Ped_path_lmprov_TC.mxd 1 54 Feet no warranty as to its accuracy. Map Date:2 M2019 City of Signalize the Intersection at City ofFederalWay e 3 Federal Way 1 t Ave at 320th Street 33325 $$�$� a.9$°°� fP]253-535-7090 + (W)www.btyofrederaUay.00m X. I s� 3288that L r. , I LO I 3 312th St S}}r +sw 0t h 3t 5W 320th St• } i 41 4 y - Walt�F _ _-- - y r • • ' p'�'§, , 13 t _—. T.lcama � 3W Garet 3335th DI- 7 _ .I J t 4 � Wa +a "' :1 i 33 3t — Lj w 35R L fr AL1 ., , ': I !iU 4Z �¢ 4 Nla, � FAAamI f Legend = f ry�ti _ Sig nal at S 320th Stl21stAve S CITY 4F This map is intended for use Federal Way 0 0-5 1 as a graphical representation. Miles The City of Federal Way makes no warranty as to its accuracy_ C:Wsiffs�SwnaODesktopliCity center and other o'ectfundin �L islative" enda121stAvenue&at9320th Intersection Im rcremeni.mxd 55 APRIL 1, 2019 COUNCIL ULTRA FINE ACTION REQUEST To: Federal Way Transportation Committee &Council Members From: John Resing Subject: Request for Council Resolution(s) Concerning Airport Ultra Fine Pollution Professor Timothy V. Larson reports to the Transportation Committee today that Federal Way residents are exposed to Sea-Tac Airport ultrafine (less than 100 nm sized) particles as a result of the measurements made in the on-going MOV-UP ultrafine study.This study is to be completed in 2019. Citizens request that the Federal Way Council timely act to encourage the UW researchers extend the study in two respects: 1) make measurements at ground level along the Pacific Coast such that a comparsion is possible between the expected "clean" Pacific on-shore airflow and the airplane ultrafine particles found along our streets; and 2) that the MOV-UP study be extended into the vertical dimension by making measurements in Federal Way from a drone at various altitudes and in those parts of Federal Way that the social justice provisions of NEPA/SEPA require special analysis and mitigation if appropriate.Town Square Park where children play is another location for attention. The Council is requested to also adopt a resolution supporting the UW undertaking the design of a permanent ultrafine monitoring network as Prof. Larson describes.The permanent ultrafine network would measure the ultrafine exposure of our residents, and especially our children at schools such as Nautilus Elementary and the "social justice" emphasis census tracts.This design should be an "ideal" reference design made without compromising considerations of lower cost that reduces functional performance.The resolution should call upon the Port of Seattle to fully fund the UW design cost, if the UW so desires, and fully fund the establishment of such a monitoring network as a part of the in- progress NEPA/SEPA process and the required abatement/mitigation actions for approval of the airport's expansion plans.Accurate exposure data is vital for accurate health impact assessment. In his presentation, Prof. Larson speaks to one proven example of adverse health impacts from airport nanoparticles in the lung study by Habre, et. al. Lastly, is a recommendation that the Council retain a permanent, part-time consultant to act as council Ystaff dedicated to airport matters as has been done by the City of Medina for more than ten years. A consultant can bring existing expertise to airport matters and avoids the loss of knowledge that occurs with the loss of staff such as we have seen with Yarden's departure or the City of SeaTac has experienced with its change in city manager.The airport and its ultrafine impacts upon health will be with us for a long time and deserves dedicated, knowledgeable staff to guide Federal Way. I am available to you anytime at 253 252 7574 or 0resing comcast.net. Thank you for your attention to this topic. 1