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2020-03-17 Council PKT - Regular CITY OF Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall March 17, 2020 — 6:30 p.m. F—encouraged 9/Coronavirus Notice: Due to the recent developments regarding COVID-19,the King County Public Health as ordered protocols to be followed for public gatherings (under 250 people), which include: discouraging ce by older individuals and individuals with underlying medical conditions that are at increased risk for serious 9; maintain social distancing (6 feet from each other); and provide proper hand hygiene and sanitation facilities to ees. attendance encouraged: To ensure the health and safety of staff, Councilmembers, and citizens, it is ed to view City Council Meetings either live on Government Access Channel 21 or via the city YouTube Channel : www.cityoffederalway.com. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Mayor's Emerging Issues and Report • COVID-19/Coronavirus Update— Ray Gross, Emergency Manager • Mayoral Proclamation—St. Patrick's Day/Irish Heritage Week March 15-21 ...page 4 • City Facility Closures and Meeting Cancellations b. Council Committee Reports • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Regional Committees Report(PIC) • Council President Report 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor,come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval;all items are enacted by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21.To view Council Meetings online please visit www.cityoffederalway.com. a. Minutes: March 3, 2020 Regular & Special Meetings & March 7, 2020 Special Meeting ...page 5 b. NPDES Annual Report and Stormwater Management Program (SWMP) Plan Update ...page 17 c. SWM Vactor and Infrastructure Maintenance Services Contract Bid Award ...page 66 d. Lease of SWM Parcel to Active Construction Incorporated ...page 69 e. 2020 Asphalt Overlay Project Bid Award ...page 75 f. 2020- 2021 Neighborhood Traffic Safety Project Bid Award ...page 84 g. SW Dash Point Rd & 47th Ave SW Compact Roundabout - 30% Design Report ...page 88 h. Project Acceptance for Military Road South Pavement Repair ...page 91 i. Request To Modify the Transportation Systems Capital Improvement Plan ...page 93 j. Authorization to Submit Transportation Grant Applications ...page 96 k. Mirror Lake Park Playground Replacement ...page 98 I. 2020 Human Services Commission Work Plan ...page 105 m. 2020-2021 Diversity Commission Work Plan ...page 109 n. 2019 Program Year Consolidated Annual Performance and Evaluation Report (CAPER) ...page 115 6. PUBLIC HEARING a. Acceptance of 60% Petition to Annex a Portion of the Potential Annexation Area into the City of Federal Way ...page 138 • Staff Report • Council Discussion/Questions • Citizen Comment 7. COUNCIL BUSINESS a. North Lake Management District #2 Appointments ...page 224 b. Youth Commission Appointment ...page 225 c. Ratification of Parks/Recreation/Human Services/Public Safety Committee Member Appointment ...page 226 8. ORDINANCES First Reading a. Council Bill #777 New Cingular Wireless PCS, LLC Franchise Ordinance ...page 227 AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON,GRANTING NEW CINGULAR WIRELESS PCS, LLC, ITS AFFILIATES, SUCCESSORS AND ASSIGNS A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING,MAINTAINING, The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21.To view Council Meetings online please visit www.cityoffederalway.com. OPERATING, REPLACING, AND REPAIRING A TELECOMMUNICATIONS NETWORK CONSISTING OF SMALL WIRELESS FACILITIES IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW THE CITY OF FEDERAL WAY. • Staff Report • Citizen Comment— 3 minutes • Council Questions 9. COUNCIL REPORTS 10. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21.To view Council Meetings online please visit www.cityoffederalway.com. 'QN�� CITY OF Federal Way PROCLAMATION "Irish -American Heritage Week" WHEREAS, in the words of General Washington, today we pay tribute to a 'Brave and Generous people; and WHEREAS; The annual celebration of Saint Patrick's Day is a widely recognized symbol of the Irish presence in America that dates back to 1737. WI•IEREAS; About 33 million Americans -- 10.1% of the total population — self -identified as being of Irish ancestry in the 2017 American Community Survey conducted by the U.S. Census Bureau. This compares with a population of (i.6 million on the island of Ireland. WHEREAS, the nearly 780,000 Washingtonians of Irish descent contribute to our community through their churches, businesses, and charitable organizations; and 1VI-IFRr S. Americans of Irish descent have had a lasting impact on American history hosting amongst ' them 17 presidents of the United States, 11 signers of the Declaration of Independence, the father of the Anicrican Navy John Barry, the creator of the first submarine to be commissioned by the US Navy, the creator of the first affordable automobile (Henry Ford), and proudly having in their ranks the first American woman to walk in space Kathryn Sullivan; and WHEREAS: During the American Civil War, Irish Americans volunteered in high numbers for the Union Army, and at least 38 Union regiments had the word "Irish" in their title. 144,221 Union soldiers were born in Ireland; additionally, perhaps an equal number were of Irish descent. WHEREAS, in the words of General Washington, Americans of Irish descent are indeed "Brave and Generous" serving in our nation and state in the Armed Forces of the United States of America, claiming nearly half of the Union Army regiments during the American Civil War, and 257 individual Medal of Honor recipients; and WHEREAS, when President John F. Kennedy, the first United States President to visit Ireland, declared that Ireland is "an extraordinary country" and observed that his presence and his welcome "symbolize the many and enduring links which have bound the Irish and the Americans since the earliest days." WHEREAS, as Mayor of Federal Way, I am proudly a Washingtonian of Irish Descent; NOW, THEREFORE, I, the undersigned Mayor of the City of Federal Way, do hereby proclaim the week of March 16 – 22, 2020, as Irish -American Heritage Week in the City of Federal Way, we will proudly fly the Irish flag at city hall and call upon all citizens to observe this week by celebrating the contributions of the Irish -Americans to our community. Beannachtai na Feile Padraig (Ilappy St. Patrick's Day). SIGNED this 17th day of March, 2020. City ofFederal Way Mayor Jim Ferrell, Mayor COUNCIL MEETING DATE: March 17, 2020 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the March 3, 2020 Regular and Special City Council Meetings and March 7, 2020 Special City Council Meeting? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, C�Clerk Attachments: Draft minutes for the March 3, 2020 Regular and Special Meetings Draft Minutes for the March 7, 2020 Special Meeting Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A DEPT: Mayor's Office MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: '7 move approval of the minutes as presented. " (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 - 4/2019 RESOLUTION # CIT Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers — City Hall March 3, 2020 — 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:00 p.m. i City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Assefa-Dawson, Councilmember Hoang Tran, Councilmember Mark Koppang, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. COMMISSION INTERVIEWS e Diversity Commission — 4 interviews 3. EXECUTIVE SESSION • Potential Litigation pursuant to RCW 42.30.110(1)(i) At 6:06 p.m. Council President Honda announced the Council would be recessing into Executive Session for the purpose of discussing potential litigation pursuant to RCW 42.30.110(1)(i) for approximately 30 minutes. 4. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:28 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of I March 3, 2020 ,. Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers — City Hall March 3, 2020 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:38 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Assefa-Dawson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Certificates of Appointment Lodging Tax Advisory Committee Councilmember Assefa-Dawson invited Naomi Tilford forward to accept her Certificate of Appointment to the Lodging Tax Advisory Committee; Ms. Tilford was unable to attend the meeting, her certificate will be mailed. Human Services Commission Councilmember Kochmar invited Katherine Festa, Kathryn Scanlon, Tony Pagliocco, Vivian Alexander, and Joseph Franco to come forward to accept their certificates of appointment. Ms. Alexander accepted her certificate; the remaining certificates will be mailed. Arts Commission Councilmember Kochmar invited Karen Brugato and Kenny Byrne forward to accept their Certificates of Appointment to the Arts Commission. Ms. Brugato and Mr. Byrne were unable to attend the meeting, their certificates will be mailed. b. Mayor's Emerging Issues and Report Mayor Ferrell reported the State of the City Address held on February 27 at the Performing Arts and Event Center was a success. He thanked the staff and Federal Way City Council Regular Minutes Page 1 of 6 March 3, 2020 community volunteers and organizations who provided information tables for over 40 different causes or events. Neighborhood Connection Meeting Mayor Ferrell announced the next Neighborhood Connection Meeting is scheduled for March 26 at Adelaide Elementary School at 6:00 p.m. He will be reevaluating later this week based on Coronavirus concerns regarding public meetings such as these. City Council Special Meeting on March 7 Mayor Ferrell stated the City Council has called a special meeting on March 7 to interview 19 applicants for the appointment to Council Position No. 2. The process will begin at 8:00 a.m. and continue throughout the day. He looks forward to a fair and thorough process. Recent meeting with South King County Cities and King County Prosecutor (2/24) Mayor Ferrell reported on the meeting regarding King County's Filing and Disposition Standards. The meeting included South King County police chiefs and elected officials to discuss growing concerns with felony and juvenile cases. He was encouraged to see a delegation from the King County Prosecutors Office taking this issue seriously. Chamber Quarterly Update on March 11 Mayor Ferrell will be presenting information at the March 11 Chamber of Commerce Quarterly Meeting. He feels this is a great opportunity to hear business community. Mayor Ferrell also noted he will be briefing the business community along with Emergency Manager Ray Gross on recent concerns with the Coronavirus. He also referenced the well -attended public meeting held at City Hall last Saturday in cooperation with the school district and fire department. c. Council Committee Reports Finance, Economic Development Regional Affairs Committee (FEDRAC) Chair Tran reported the next meeting of the FEDRAC Committee will be held in the Council Chambers beginning at 5:00 p.m. Lodging Tax Advisory Committee (LTAC) Chair Assefa-Dawson reported on many large events and competitions at the King County Aquatic Center; she encourages everyone to attend an event. The next meeting of the LTAC Committee will be March 11 at 10:00 a.m. She also provided a brief report on her attendance at the Regional Law, Safety and Justice Committee where they discussed uniformed officers in schools. Land Use/Transportation Committee (LUTC) Chair Koppang felt the last LUTC meeting was very productive and discussed items including a roundabout replacement and a 12 -acre annexation request. In addition to action items, there was a healthy discussion on panhandling in the city and ways to address it. He welcomes citizen input and comments. Federal Way City Council Regular Minutes Page 2 of 6 March 3, 2020 Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Chair Kochmar reported the next meeting is March 10 and will discuss Mirror Lake Park play equipment replacement. Work Programs for Commissions and the Human Services Consolidated Plan Report will also be discussed at this meeting. Regional Committees Report (PIC) Councilmember Moore reported the next meeting will be March 11 at 7:00 p.m. at Renton City Hall. Regional issues including the homelessness issue will be discussed. Council President Report Council President Honda is looking forward to Saturday's interviews of the 19 applicants for Council Position No. 2. The meeting begins at 8:00 a.m. and is open to the public; Council is asking the applicants not attend other interviews as the questions are the same for all. The meeting will be recorded and played on channel 21 and YouTube following the appointment. She also encouraged everyone to wash their hands and stay home if they are sick. 4. CITIZEN COMMENT (Clerk's Note: citizen comment began at 7.05 p.m.) Shun Gaptville-Austin asked the council what avenues are available to help with funding orgrantsfor youth programs within the City. Craig Patrick shared his appreciation for the Mayor's work in Federal Way and appreciated the State of the City Address. He also encouraged everyone to attend a community meeting taking place March 4, 2020 at 6:00 p.m. at the King County Library on S 320th Street and 10th Avenue S to discuss homelessness, mental health, and addiction. The meeting will include speakers who are in recovery and have recovered. BettyTaylar is concerned with rental housing price increases which may add to the already dire homelessness issue in the community. She asked the Council to consider placing a cap on rental increases in Federal Way. Allison Fine congratulated the Mayor on the State of the City Address. She raised safety concerns regarding thoughts and attitudes expressed by some on local social media, specifically regarding homeless encampments. She also inquired as to why the American Flag is not currently being flow on S 320th Street. Mayor Ferrell noted the flag pole was damaged in an early hour suspected DUI auto accident on S 320th Street. The driver has been charged and the repairs will unfortunately take time. After having the pole inspected, it was deemed unsafe to use. The process is underway, however, it will be late fall before the flag is able to be flown again. City Clerk Stephanie Courtney read a letter from resident Dana Hollaway regarding limiting building heights in the city core. (Clerk's Note: citizen comment ended at 7:24 p.m.) Federal Way City Council Regular Minutes Page 3 of 6 March 3, 2020 5. CONSENT AGENDA a. Minutes: February 18, 2020 Regular and Special Meetings; February b. 1, 2020 Council Retreat Summary c. Vouchers — January 2020 d. Monthly Financial Report — Final December 2019 e. Replacement of a Pole Camera — Surface Water Maintenance (SWM) f. Creation of a New Position: Sr. Construction Administrator COUNCIL PRESIDENT HONDA MOVED TO APPROVE ITEMS A THROUGH E ON THE CONSENT AGENDA; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Tran yes 6, COUNCIL BUSINESS Councilmember Koppang yes Councilmember Moore yes Councilmember Kochmar yes a. Diversity Commission Appointments COUNCILMEMBER KOCHMAR MOVED THE FOLLOWING APPOINTMENTS TO THE DIVERSITY COMMISSION: SHAQUINA JUSTICE TO FILL A VOTING POSITION EXPIRING MAY 31, 2022; STEPHANIE SUPRIUS AND BRANDON BRUAN TO FILL VOTING POSITIONS EXPIRING MAY 31, 2020; AND JUDO GARCIA-LATATO FILL AN ALTERNATE POSITION EXPIRE MAY 31, 2020; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes b. Contract Approval for eCityGov Alliance/MyBuilding Permit. com IT Manager Thomas Fichtner provided a thorough presentation on both Council Business Items b and c. He is currently seeking approval to enter into an agreement with eCityGov Alliance/ mybuildingpermit.com and also approval to purchase the software needed to merge this system with the current permitting system (AMANDA). Mr. Fichtner provided background on the alliance which was created in 1998 by the City of Bellevue who was interested in streamlining the permitting process for contractors working in multiple jurisdictions. This program is widely used and supported by 13 local municipalities and the Master Builder Association. He provided details on the structure, cost and the benefit to both the customer and the city; noting the implementation costs will be paid for using the 5% automation fee revenue currently being collected. The cities of Bellevue and Snohomish use the same permit software Federal Way uses and therefore this program is fully supported. This will allow for online plan review, provide enhanced security compliance with credit card use and is PCI compliant. Councilmember thanked Mr. Fichtnerfor his presentation and ask various clarifying questions. Federal Way City Council Regular Minutes Page 4 of 6 March 3, 2020 COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED SUBSCRIPTION AGREEMENT WITH THE eCITYGOV ALLIANCE; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes c. Purchase of Web Services Module for AMANDA IT Manager Thomas Fichtner provided the report in conjunction with item b. No further report was provided. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PURCHASE OF THE WEB SERVICES MODULE FOR AMANDA FROM CALYTERA US, INC. FOR A TOTAL NOT TO EXCEED $39,600; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Tran yes 7. ORDINANCES Councilmember Koppang yes Councilmember Moore yes Councilmember Kochmar yes Second Reading/Enactment a. Council Bill #775 Related to Granting Seattle SMSA Limited Partnership dba Verizon Wireless Franchise AareemenVAPPROVED ORDINANCE #20-886 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING SEATTLE SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS, ITS AFFILIATES, SUCCESSORS AND ASSIGNS A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, OPERATING, REPLACING, AND REPAIRING A TELECOMMUNICATIONS NETWORK CONSISTING OF SMALL WIRELESS FACILITIES IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW THE CITY OF FEDERAL WAY. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER MOORESECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes b. Council Bill #776 Ordinance revising FWRC 6.35.030 Pedestrian Interference/ APPROVED ORDINANCE #20-887 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PEDESTRIANS INTERFERING WITH TRAFFIC; AMENDING FWRC 6.35.030. (Amending Ordinance Nos. 15-802,15-784,11-697, 08-576, 05-509,94-214, and 91-89) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 5 of 6 March 3, 2020 Council President Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes 8. COUNCIL REPORTS Councilmember Assefa-Dawson provided no report. Councilmember Tran expressed his gratitude on behalf of the Department of Health and Social Services (DSHS) for the invitation to staff a table at the State of the City. The volunteers had a lot of visitors and took pictures with the Mayor and other councilmembers and were thankful for the opportunity. He also provided- information on the Coronavirus and referred to a Management Decision Matrix available from the Center for Disease Control (CDC). Councilmember Koppang thanked Councilmember Tran for the useful information and resources noting these would also be applicable for the flu season. He further stated we need to take care of each other and use good practices at all times. Councilmember Moore referred to Sound Transit noting the changes it will bring to our community and the opportunity we will have to change with it. He enjoyed the LUTC meeting and the great conversations. He thanked Mayor Ferrell for the State of the City Address as he believes the more the public knows the better. Councilmember Kochmar was pleased to attend the Suburban Cities Networking Dinner with Mayor Ferrell and other council members; it was a great opportunity to discuss issues of mutual concern with other leaders in the area. She is eager to see what ideas the group will develop when focusing on teen homelessness siting the development of FUSION in 70's as a response to people sifting together and brainstorming. Council President Honda attended the Junior ROTC Drill Competition at Todd Beamer High School. She shared FUSION had a meeting on the February 20 and will continue to provide monthly updates. She referenced the Open Public Meetings Act and explained why councilmembers do not often reply to social media post: she encouraged sending emails to the councilmembers if a response is wanted. She shared a longtime staff member Margaret Clark retired and thanked her for her years of service. 9. EXECUTIVE SESSION *- -Patent}al_L-itigation p rs ant to RG\N ---1-0(l)(i)-canceled 10. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 8:08 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 6 of 6 March 3, 2020 CITY OF Federal Wayviz�AL CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall March 7, 2020 — 8:00 a.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 8:00 a.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Assefa-Dawson, Councilmember Hoang Tran, Councilmember Mark Koppang, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. Councilmember Moore joined the meeting at 8:05 a.m. 2. INTERVIEWS* FOR COUNCIL VACANCY - POSITION NO. 2 *order of appearance will be determined by random selection by the City Clerk Mayor Ferrell overviewed the process indicating each applicant was given three (3) minutes to introduce themselves and provide their background. Following introductions, each applicantwould be asked one question from each Councilmember and Council President with a limit of two (2) minutes per response. After the questions were answered there was an option of ten (10) minutes to give clarification and wrap-up statements. The Council Council interviewed the following individuals in Group One: Janis Clark; Jack Dovey; Roger Flygare; Tony Pagliocco; and Hope Elder. 3. RECESS/MORNING BREAK At 9:48 a.m. Mayor Ferrell announced the Council would take a brief recess. The meeting was reconvened at 10:03 a.m. 4. INTERVIEWS* FOR COUNCIL VACANCY - POSITION NO. 2 (continued) The City Council interviewed the following individuals in Group Two: Ron Walker; Scott Salisbury; Karen Brugato; Mike Davidson, and Chris Erickson. Federal Way City Council Special Minutes Page I of 4 March 7, 2020 At 11:35 a.m. Mayor Ferrell announced the Council would take a brief recess. The meeting was reconvened at 11:42 a.m. The City Council interviewed the following individuals in Group Three: Greg Baruso; Vitaliy Peikhotin; and Debra Mastrobattisto. 5. RECESS/LUNCH BREAK At 12:31 p.m. Mayor Ferrell announced the Council would be recessing for lunch. The meeting was reconvened at 1:05 p.m. 6. INTERVIEWS* FOR COUNCIL VACANCY - POSITION NO. 2 (continued) The City Council interviewed the following individuals in Group Four: Steve Aita; Joe Bowman; Katherine Festa; Allison Fine Taylor; and Sai Samineni. 7. EXECUTIVE SESSION • Evaluate Qualifications of Candidate pursuant to RCW 42.30.110(1)(h) At 2:23 p.m. Mayor Ferrell announced the Council would recess into Executive Session for the purpose of discussing qualifications per RCW 42.30.110(1)(h); anticipated duration was 30 minutes. At 2:40 p.m. Mayor Ferrell announced the Executive Session was being continued; anticipated time would be 3:30 p.m. 8. APPOINTMENT TO FILL COUNCIL POSITION NO. 2 At 3:30 p.m. Mayor Ferrell reconvened the meeting and read the procedures to be followed. He opened the floor for nominations. Councilmember Assefa-Dawson nominated Joe Bowman. Councilmember Kochmar nominated Jack Dovey and Ron Walker Councilmember Tran nominated Greg Baruso and Joe Bowman Council President Honda nominated Katherine Festa Councilmember Moore nominated Greg Baruso and Janis Clark COUNCIL PRESIDENT HONDA MOVED TO CLOSE NOMINATIONS; COUNCILMEMBER KOPPANG SECOND. The motion carried unanimously as follows: Council President Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes The councilmembers spoke to their nominations. Councilmember Assefa-Dawson highlighted the work Pastor Joe Bowman has done in the community including working with multiple entities throughout the city. Councilmember Kochmar highlighted the contributions of various applicants indicating that each brought different strengths some of which overlapped. Councilmember Moore spoke in support of Janis Clark referencing her military background which would enable her to bridge a gap between military families and the council. He also referred to the longtime service by Greg Baruso as an engaged community and commission member. He believes Federal Way City Council Special Minutes Page 2 of 4 March 7, 2020 Mr. Baruso respects and honors others and has a good working relationship with staff. Councilmember Tran thanked all the applicants fortheir interest and shared his experience with hiring has often led to determining who would best fit with the team when all other qualifications were equal. With this in mind as well as the need represent diversity he supported Joe Bowman and Greg Baruso. Council President Honda expressed her hope all applicants would continue to be engaged even if not selected. She referenced the experience Katherine Festa has working with King County and believes that will translate well to serving on the Council. Councilmember Koppang referenced he had been through the interview process twice and encouraged ongoing engagement; sharing that dedication pays off. CouncilmemberAssefa-Dawson echoed this as she also has been through the interview process for council appointment. Councilmember Kochmar highlighted the importance of experience due to the short length of time remaining on the term and honesty; she believes Jack Dovey is the top candidate. The City Clerk conducted a roll call vote by position order as follows: Councilmember Assefa-Dawson Joe Bowman Council President Honda Katherine Festa Councilmember Tran Greg Baruso Councilmember Koppang Jack Dovey Councilmember Moore Greg Barsuo Councilmember Kochmar Jack Dovey A majority vote was not reached. Mayor Ferrell polled the Council to determine if the Council would prefer to continue to deliberate or recess to Executive Session. COUNCILMEMBER MOORE MOVED TO RECESS TO EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES TO DISCUSS QUALIFICATIONS PURSUANT TO RCW 42.30.110(1)(h); COUNCILMEMBER KOCHMAR SECOND. The motion carries 5-1; Councilmember Koppang dissenting. Council President Honda yes Councilmember Koppang no CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes At 4:07 p.m. Mayor Ferrell announced the Council would be recessing to Executive Session for approximately 20 minutes. The meeting reconvened at 4:31 p.m. The City Clerk conducted a roll call vote by position order as follows: Councilmember Assefa-Dawson Greg Baruso Council President Honda Jack Dovey Councilmember Tran Greg Baruso Councilmember Koppang Jack Dovey Councilmember Moore Greg Barsuo Councilmember Kochmar Jack Dovey With the roll call vote ending in a tie (3-3); the Mayor exercised his right to cast a tie -breaking vote. Mayor Ferrell cast a vote for Greg Baruso. Greg Baruso having received the majority votes, was declared the appointee. Mayor Ferrell congratulated Mr. Baruso and invited him forward for his Oath of Office. Federal Way City Council Special Minutes Page 3 of 4 March 7, 2020 9. OATH OF OFFICE FOR NEWLY APPOINTED COUNCILMEMBER City Clerk Stephanie Courtney administered the Oath of Office for Councilmember Greg Baruso and congratulated him. 10. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 4:31 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 4 of 4 March 7, 2020 COUNCIL MEETING DATE: March 17, 2020 ITEM #: 5b CITY OF FEDERAL WAY CITY COUNCIL AGENDA DILL SUBJECT: NPDES ANNUAL REPORT AND STORMWATER MANAGEMENT PROGRAM (SWMP) PLAN UPDATE POLICY QUESTION: Should Council approve and authorize submittal of the 2020 Annual Report and Stormwater Management Program (SWMP) Plan documents to the Department of Ecology as required by the NPDES Western Washington Phase II Municipal Stormwater Permit? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 2, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Leah Myhre, Water Quality Program Coordinators DEPT: Public Works Attachments: Staff Report 2020 Annual Report and Stormwater Management Program (SWMP) Plan Update Options Considered: 1. Approve the 2020 Annual Report and SWMP Plan documents and authorize the Public Works Director to submit these documents to the Department of Ecology by March 31, 2020 to satisfy the City's NPDES Permit obligations. 2. Do not approve the 2020 Annual Report and SWMP Plan documents and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: �) _ / vDIRECTOR APPROVAL: f 'Zd�2o 2-0 C milts //' s ; r, :l nitiallDatc Initial/Date V ]riti.ai DAA: COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 17, 2020 City Council consent agenda for approval. Mark Kc:17p,3ri«. Committee (_`hair l rtii� _N-looiv ['l niiriiree. Member Hoang Tran. Committee Member PROPOSED COUNCIL M[ TIO , : "I move to authorize submittal of the 2020 NPDES Annual Report and SWMP Plan to the Department of Ecology by March 31, 2020 to satisfy the City's NPDES Permit obligations. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 02/2020 COUNCIL BILL # First reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2020 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director` Leah Myhre, Water Quality Program Coordinator VtA SUBJECT: NPDES Annual Report and Stormwater Management Program (SWMP) Plan Update FINANCIAL IMPACTS: Submittal of the National Pollutant Discharge Elimination System (NPDES) Annual Report and Stormwater Management Program (SWMP) Plan update is required by the City's NPDES Western Washington Phase II Municipal Stormwater Permit and will have no direct financial impacts. BACKGROUND: The National Pollutant Discharge Elimination System (NPDES) is a federal permit that regulates stormwater and wastewater discharges to waters of the United States, pursuant to the Clean Water Act. The EPA may grant permitting authority to states, and in Washington that regulatory authority resides with the Washington State Department of Ecology (Ecology). The current NPDES Western Washington Phase II Municipal Stormwater Permit (Permit) was issued by Ecology on July 1, 2019 and went into effect on August 1, 2019. The Permit requires that all affected municipalities create and implement a Stormwater Management Program (SWMP) Plan that addresses and directs the following nine Permit components: 1) Stormwater Planning 2) Public Education and Outreach 3) Public Involvement and Participation 4) MS4 Mapping and Documentation 5) Illicit Discharge Detection and Elimination 6) Controlling Runoff from New Development, Redevelopment, and Construction Sites 7) Operations and Maintenance 8) Source Control Program for Existing Development 9) Monitoring In addition to the SWMP Plan, Permit Section S9 "Reporting Requirements" also requires the City to submit an Annual Report intended to update Ecology on the status of the City's compliance with Permit requirements. Annual Reports must be submitted to Ecology on or before March 31st of each year. In an effort to determine the best methods for meeting Permit requirements, City staff engages with Ecology and several regional forums on a consistent basis. City staff prepared the following documents (attached) to meet the 2020 Annual Report and SWMP Plan update requirements specified in the Permit: 2020 Annual Report Stormwater Management Program (SWMP) Plan Update 2020 NPDES Annual Report City of Federal Way 2020 Annual Report Questions for the Western Washington Phase II Municipal Stormwater Permit The NPDES Western Washington Phase II Municipal Stormwater Permit (Permit) requires all Permittees to submit annual reports describing the progress of their Permit implementation activities. Annual reports cover the previous calendar year's activities, unless otherwise specified, and must be signed by the responsible official and submitted to Ecology by March 31 each year. The Annual Report consists of 94 questions and requires the preparation of several supporting documents. The Annual Report must be submitted online through Ecology's WQWebPortal service. Permit Number Section YorN Question Reporting Requirements and Stormwater Management Program (SWMP) Have you convened an interdisciplinary team to Attach a copy of any annexations, 1 S9.D.6 N/A incorporations, or boundary changes resulting in an increase or decrease in the Permittee's geographic area of permit coverage. Attach updated annual Stormwater program? (Required by August 1, 2020) *Questions 6 —14 are required 2 S5.A.2 Attachment 1 Management Program Plan (SWMP Plan). Implemented an ongoing program to gather, List the relevant land use planning efforts that track, and maintain information per S5.A.3, 3 S5.A.3 Y including costs or estimated costs of (a) and (b) implementing the SWMP. , plans that are used to accommodate growth, Coordinated among departments within the 4 S5.A.5.b Y jurisdiction to eliminate barriers to permit N/A List of stormwater capital projects (currently in S5.C.1.b.i compliance. or slated for future design and construction) 7 Attach a written description of internal 4a S5.A.5.b N/A coordination mechanisms. (Required by March 31, 2021) Stormwater Planning Page 1 of 13 Have you convened an interdisciplinary team to 5 S5.C.1.a Y inform and assist in the development, progress, and influence of the stormwater planning program? (Required by August 1, 2020) *Questions 6 —14 are required by March 31, 2021 & January 1, 2023. List the relevant land use planning efforts that 6 S5.C.1.b.i have taken place in your jurisdiction (land use N/A (a) and (b) plans that are used to accommodate growth, stormwater management, or transportation). N/A List of stormwater capital projects (currently in S5.C.1.b.i or slated for future design and construction) 7 (a) and (b) that resulted from this planning. Page 1 of 13 2020 NPDES Annual Report City, of Federal Way Page 2 of 13 Describe the watershed protection measures 8 S5.C.1.b.i N/A associated with stormwater management and (a) and (b) land use planning actions that resulted from this planning. Were Ian) acquisitions identified (or are planned 9 S5.C.1.b.i N/ A ahead for that are useful for stormwater (a) and (b) facilities to accommodate growth or to better serve an existing developed area? S5.C.1.b.i If yes, for what purpose? 9a (a) and (b) N/A Identified corrective actions, in addition to the min. requirements of the Municipal Stormwater S5.C.1.b.i Permits to control or treat municipal stormwater 10 (a) and (b) N/A discharges that pollute waters of the State (e.g. limits to impervious cover added to any zoning districts, regional facility planning, minimization of vegetation loss, etc.)? If yes, briefly describe and list relevant plan or S5.C.1.b.i 10a (a) and (b) N/A code sections, if applicable. S5.C.1.b.i Updates to goals and policies related to 11 (a) and (b) N/A investment in stormwater management facilities/BMPs? (yes/no) S5.C.1.b.i If yes, briefly describe. 11a (a) and (b) N/A Does the long-range plan identify location and S5.C.1.b.i existing capacity of the stormwater facilities 12 (a) and (b) N/A owned or operated by the Permittee and show which of those stormwater facilities have unused capacity? __ Do these stormwater facility locations impact S5.C.1.b.i 12a where housing, or other types of development, N/A (a) and (b) are projected to be located or influence the acquisition of land? (If yes, how?) Does the long-range plan identify a lack of S5.C.1.b.i 12b facilities and the potential impacts of existing or N/A (a) and (b) new development to those areas and receiving waters? Any new proposed locations and capacities of 12c S5.C.1.b.i N/A stormwater facilities needed for the timeframe (a) and (b) of the plan? Based on the projected population densities and distribution of growth over the planning period, 13 S5.C.1.b.i describe how stormwater runoff impacts are N/A (a) and (b) forecasted. Does stormwater management information (including water quality) direct where growth is directed? Page 2 of 13 2020 NPDES Annual Report Citv of Federal W S5.C.1.b.i Did you submit a report as describe in 14 (b) N/ A S5.C.1.b.i(b)? _..... S5.C.1. Continue to design and implement local 18 (a) -(c)) development -related codes, rules, standards, or 15 S5.C.1.6 Y other enforceable documents to minimize Attach receiving water priority ranking process. impervious surfaces, native vegetation loss, and (a) -(c) N/A Developed a Stormwater Management Action stormwater runoff, where feasible? (Required _ S5.C.1.d.iii annually) From the assessment described in S5.C.1.c.i(a), 16 S5.C.1.6 N did you identify any administrative or regulatory (a) N/A barriers to implementation of LID Principles or LID BMPs? (Required annually) Did you choose to adopt one or more elements S5.C.1.c.i 55.C.2 If yes, describe the barrier(s) and the measures 16a (a) N/A taken to address them. *Questions 17 —19a are required by March 31, 2022, June 30, 2022 & March 31, 2023, as noted. Developed a watershed inventory? (To be 17 S5.C.1.d.i N/A submitted by March 31, 2022) Attach watershed inventory. 17a S5.C.1.d.i N/A _..... S5.C.1. .... — Developed a receiving water prioritization 18 (a) -(c)) N/A method and process? (Required by June 30, S5.C.1.d.ii 2022) Attach receiving water priority ranking process. 18a (a) -(c) N/A Developed a Stormwater Management Action 19 S5.C.1.d.iii N/A Plan (SMAP) for at least one high priority area? (Required by March 31, 2023) Attach SMAP(s). 19a S5.C.1.d.iii N/A Education and Outreach Did you choose to adopt one or more elements 20 55.C.2 Y of a regional program? If yes, list the elements, and the regional City of Federal Way Surface Water Management (SWM) program. staff co -branded education and outreach materials, Facebook posts, and e - newsletter content with the 20a S5.C.2 regional Puget Sound Starts Here campaign. SWM also adopted the regional Spill Kit Outreach program by providing outreach to businesses in Federal Way. Page 3 of 13 2020 NPDES Annual Report City of Federal Wa_y Page 4 of 13 Attach a description of general awareness 21 S5.C.2.a.i Attachment 2 efforts conducted, including your target audiences and subject areas, per S5.C.1.a.i. Conducted an evaluation of the effectiveness of S5.C.2.a.ii 22 N/A the ongoing behavior change program and (b) documented recommendations as outlined in S5.C.2.a.ii(b). (Required by July 1, 2020) 22a S5.C.2.a.ii N/A If not, explain. (b) Developed a behavior change campaign that is S5.C.2.a.ii 23 N/A tailored to the community in accordance with (c) S5.C.2.a.ii(c)? (Required by February 1, 2021) S5.C.2.a.ii Attach the strategy and schedule. 23a (c) N/A S5.C.2.a.ii Began implementing the strategy outlined in 24 (d) N/A S5.C.2.a.ii(c). (Required by April 1, 2021) Attach the report developed in accordance with S5.C.2.a.ii(e), which evaluated the changes in understanding and adoption of targeted S5.C.2.a.ii 25 N/A behaviors resulting from the implementation of (e) the strategy and any planned or recommended changes to the program in order to be more effective. (Required by March 31, 2024) Promoted stewardship activities (or partnered with others) to encourage resident participation 26 S5.C.2.a.iii Y in activities such as those described in S5.C.2.a.iii. Attach a list of stewardship opportunities 26a S5.C.2.a.iii Attachment 3 promoted. Public Involvement and Participation Opportunities for public Describe the opportunities created for the participation and comment public, including overburdened communities, to involving the Stormwater participate in the decision-making processes Management Program involving the development, implementation, and (SWMP) were available at the updates of the Permittee's SWMP and the Land Use and Transportation SMAP. Committee and City Council 27 S5.C.3.a meetings when the SWMP and Annual Report are reviewed. Public comment was also encouraged via the City's website, e -newsletter, and Facebook, and the public input meeting about the SWMP was also advertised on Page 4 of 13 2020 NPDES Annual Report City of Federal WaV 33 S5.C.5.b Illicit Discharge Detection and Elimination SWM utilizes its Public Informed public employees, businesses, and the these platforms. The City general public of hazards associated with illicit Program to inform staff, discharges and improper disposal of waste. reached out to overburdened Describe actions in Comments field. about hazards associated with communities by translating all outreach materials into Spanish (the second most spoken language in Federal Way) and advertising the public input meeting about the SWMP through Spanish language news media. The City also made interpreters available upon request for the public input meeting. *Public involvement for the SMAP will occur in 2022 as it is being developed by the City. Posted the updated SWMP Plan and latest 28 S5.C.3.b Y annual report on your website no later than May 31 of each year? https://www.cityoffederalway List the website address. 28b 55.C.3.b .com/surfacewater MS4 Mapping and Documentation S5.C.3.a. Maintained a map of the MS4 including the 29 Y i - vii requirements listed in S5.C.4.a.i.-vii? Started mapping outfall size and material in 30 S5.C.4.b.i y accordance with S5.C.4.b.i? (Required to start by January 1, 2020) Attach a spreadsheet that lists the known 30a S5.C.4.b.i N/A outfalls' size and material(s). (March 31, 2021) I Completed mapping connections to private 31 S5.C.4.b.ii N/A storm sewers in accordance with S5.C.4.b.ii? (Required by August 1, 2023) Developed an electronic format for mapping, 32 S5.C.4.c with fully described mapping standards in N/A accordance with S5.C.4.c? (Required by August 1, 2021) 33 S5.C.5.b Illicit Discharge Detection and Elimination SWM utilizes its Public Informed public employees, businesses, and the Education and Outreach general public of hazards associated with illicit Program to inform staff, discharges and improper disposal of waste. residents, and businesses Describe actions in Comments field. about hazards associated with illicit discharizes. Examples of Page 5 of 13 2020 NPDES Annual Report Citv of Federal Way outreach methods used include: newsletters, staff training, public workshops, business inspections, mailings, and participation in regional campaigns. S5.C.5.c Y S5.C.5.d.i Y 35a I S5.C.5.d.i The City utilizes the Federal Way Illicit Discharge Detection and Elimination Field Procedures and Response Plan, which references the following two guidance documents: Illicit Discharge Detection and Elimination: A Guidance Manual for Program Development and Technical Assessments, Center for Watershed Protection; and, the Illicit Connection and Illicit Discharge Field Screening and Source Tracing Guidance Manual, King County, Herrera. 36 S5.C.5.d.i � 62% 36a The percent of MS4 screened was calculated using a weighted average of the percentage of municipally - owned outfalls inspected S5.C.5.d.i during dry weather outfall inspections combined with the percentage of municipally - owned catch basins that were inspected in the City. 37 1 S5.C.5.d.i Implemented an ordinance or other regulatory mechanism to effectively prohibit non- stormwater, illicit discharges. Implemented procedures for conducting illicit discharge investigations in accordance with S5.C.3.c.i. Cite field screening methodology. Percentage of MS4 coverage area screened in reporting year per S5.C.5.d.i. (Required to screen 12% on average each year.) Cite field screening techniques used to determine percent of MS4 screened. Percentage of total MS4 screened from permit 62% issuance through the end of the reporting year. The spill reporting hotline is 38 S5.C.5.d.ii publicized on the City's website and through the monthly e -newsletter. Describe how you publicized a hotline telephone number for public reporting of spills and other illicit discharges in the Comments field. I Page 6 of 13 2020 NPDES Annual Report CitV of Federal Way 919 40 41 42 43 Implemented an ongoing illicit discharge training S5.C.5.d.iii Y program for all municipal field staff. Implemented an ongoing program to S5.C.5.e Y characterize, trace, and eliminate illicit discharges into the MS4 per S5.C.5.e. Municipal illicit discharge detection staff trained S5.C.5.f Y to conduct illicit discharge detection and elimination activities as described in S5.C.5.f. Attach a report with data describing the actions taken to characterize, trace, and eliminate each illicit discharge reported to, or investigated by, S5.C.3.d.iv Attachment 4 the Permittee as described in S5.C.5.g. The submittal must include all of the applicable information and must follow the instructions, timelines, and format described in Appendix 12. Controlling Runoff from New Development, Redevelopment, and Construction Sites Implemented an ordinance or other enforceable S5.C.6.b. mechanism to effectively address runoff from i -iii Y new development, redevelopment, and construction sites. I Revised ordinance or other enforceable Page 7 of 13 mechanism to effectively address runoff from 44 S5.C.6.b. N/A new development, redevelopment, and i -iii construction sites per the requirements of S5.C.6.b.i-iii. (Required by June 30, 2022.) Section 16.20.010 of the King Cite code reference. S5.C.6.b. County Surface Water Design 44a i -iii Manual and Section 16.25 of the Federal Way Revised Code Number of adjustments granted to the minimum 45 S5.C.6.b.i 0 y requirements in Appendix 1. Number of exceptions/variances granted to the 46 S5.C.6.b.i 0 minimum requirements in Appendix 1. Reviewed StormwaterSite Plans for all proposed 47 S5.C.6.c.i Y development activities that meet the thresholds adopted pursuant to S5.C.6.b.i. Number of site plans reviewed during the 47a S5.C.6.c.i 152 reporting period. Page 7 of 13 2020 NPDES Annual Report City of f=ederal Wav 48 S5.C.6.c.ii 48a S5.C.6.c.ii 49 49a W_6 50 51 52 53 54 Y N/A Inspected, prior to clearing and construction, permitted development sites that have a high potential for sediment transport as determined through plan review based on definitions and requirements in Appendix 7 — Determining Construction Site Sediment Damage Potential? If no, inspected prior to clearing and construction, all construction sites meeting the minimum thresholds? Inspected permitted development sites during construction to verify proper installation and S5.C.6.c.ii Y maintenance of required erosion and sediment controls per S5.C.6.c.iii. Number of construction sites inspected per S5.C.6.c.iii 32 S5.C.6.c.iii. I S5.C.6.c.iv Y S5.C.6.c.v I Y S5.C.6.c.v Y S5.C.6.c. viii S5.C.6.c.vi 0 Y Inspected stormwater treatment and flow control BMPs/facilities and catch basins in new residential developments every 6 months per S5.C.6.c.iv? .................. Inspected all permitted development sites upon completion of construction and prior to final approval or occupancy to ensure proper installation of permanent stormwater facilities. Verified a maintenance plan is completed and responsibility for maintenance is assigned for projects prior to final approval and occupancy „ being granted. Number of enforcement actions taken during the reporting period (based on construction phase inspections at new development and redevelopment projects per S5.C.6.c.ii-iv). Achieved at least 80% of scheduled construction -related inspections. Made Ecology's Construction Stormwater General Permit Notice of Intent and the S5.C.6.d Y Industrial Stormwater General Permit Notice of Intent available to representatives of proposed new development and redevelopment? Page 8 of 13 2020 NPDES Annual Renort 55 1 S5.C.6.e Y Citv of Federal Wa All staff whose primary job duties are implementing the program to control stormwater runoff from new development, redevelopment, and construction sites, including permitting, plan review, construction site inspections, and enforcement, are trained to conduct these activities? Operations and Maintenance Implemented maintenance standards that are as protective, or more protective, of facility function than those specified in the Stormwater 56 S5.C.7.a Y Management Manual for Western Washington or a Phase I program approved by Ecology per S5.C.7.a? 57 58 S5.C.7.a S5.C.7.a 59 S5.C.5.a.ii 59a S5.C.7.a.ii We 61 61a 62 N/A N/A T Attachment 5 Updated maintenance standards specified in the Stormwater Management Manual for Western Washington per S5.C.7.a? (Required by June 30, 2022) Applied a maintenance standard for a facility or facilities which do not have maintenance standards specified in the Stormwater Management Manual for Western Washington? If so, note in the Comments field what kinds of facilities are covered by this alternative standard. Verified that maintenance was performed per the schedule in S5.C.7.a.ii, when an inspection identified an exceedance of the maintenance standard. Attach documentation of maintenance time frame exceedances that were beyond the Permittee's control. Implemented an ordinance, or other enforceable mechanisms, to verify long-term 55.C.7.b.i Y operation and maintenance of stormwater (a) treatment and flow control BMPs/facilities regulated by the Permittee? Page 9 of 13 Annually inspected stormwater treatment and S5.C.7.b.i Y flow control BMPs/facilities regulated by the (b) Permittee? If using reduced inspection frequency for the 55.C.7.b.i N/A first time during this permit cycle, attach (b) documentation. Achieved at least 80% of scheduled inspections S5.C.7.b.ii Y to verify adequate long-term O&M. Page 9 of 13 20 NPDES Annual Report 63 I S5.C.7.c.i 63a S5.C.7.c.i 63b S5.C.7.c.i 63c S5.C.7.6 64 i S5.C.7.6 65 1 S5.C.7.c.ii Y 553 424 337 N/A Y 66 S5.C.7.c.iii Y 66a S5.C.7.c.iii 12,756 66b S5.C.7.c.iii 8,025 66c S5.C.7.c.iii 1,838 67 S5.C.7.c.iii N/A Federal Wa Annually inspected all municipally owned or operated stormwater treatment and flow control BMPs/facilities? Number of known stormwater treatment and flow control BMPs/facilities owned or operated by the Permittee. Number of facilities inspected during the reporting period. Number of facilities for which maintenance was performed during the reporting period. If using reduced inspection frequency for the first time during this permit cycle, attach documentation. Conducted spot checks and inspections, if necessary, of potentially damaged stormwater facilities after major storms. Inspected catch basins owned or operated by the Permittee every two years or used an alternative approach? Number of known catch basins? Number of catch basins inspected during the reporting period? Number of catch basins cleaned during the reporting period? Attach documentation of alternative catch basin cleaning approach, if used. (S5.C.5.d.i or ii) Implemented practices, policies, and procedures to reduce stormwater impacts associated with 68 S5.C.7.d Y runoff from all lands owned or maintained by the Permittee, and road maintenance activities under the functional control of the Permittee. 69 1 S5.C.7.d I 69a I S5.C.7.d I 70 S5.C.7.e i N/A Documented practices, policies, and procedures to reduce stormwater impacts associated with runoff from all lands owned or maintained by the Permittee, and road maintenance activities under the functional control of the Permittee. (Required by December 31, 2022) N/A Cite documentation in Comments field. Implemented an ongoing training program for Y Permittee employees whose primary construction, operations, or maintenance job functions may impact stormwater quality. Page 10 of 13 2020 NPDES Annual Report City of Federal Way Implemented a Stormwater Pollution Prevention Plan (SWPPP) for all heavy equipment maintenance or storage yards, and material 71 S5.C.7.f Y storage facilities owned or operated by the Permittee in areas subject to this Permit that are not required to have coverage under an NPDES permit that covers stormwater discharges associated with the activity. Updated, if needed, SWPPPs according to 72 S5.C.7.f Y S5.C.7.f no later than December 31, 2022. Source Control Program for Existing Development *Questions 73-74a are required by August 1, 2022 73 1 S5.C.8.b.i 74 1 S5.C.8.b.ii 74a S5.C.8.b.ii N/A N/A N/A *Questions 75 — 79 are required by January 1, 2023 75 S5.C.8.b.iii N/A 76 S5.C.8.b.iv N/A 77IS5.C.8.b. Hi -iv N/A 78 1 S5.C.8.b.iii N/A Adopted ordinance(s), or other enforceable documents, requiring the application of source control BMPs for pollutant generating sources associated with existing land uses and activities per S5.C.8.b.i. Cite ordinance in Comments field. Established an inventory of sites for source control inspections per S5.C.8.b.ii. Number of total sites identified for the inventory. Implemented an inspection program per S5.C.8.b.iii. Implemented a progressive enforcement policy per S5.C.8.b.iv. Attach a summary of actions taken to implement the source control program per S5.C.8.b.iii and S5.C.8.b.iv. Attach a list of inspections, per S5.C.8.b.iii, organized by business category, noting the number of times each business was inspected and if enforcement actions were taken. Implemented an ongoing source control training 79 S5.C.8.b.v N/A program per S5.C.8.b.v? 80 S7.A 80a S7.A Compliance with Total Maximum Daily Load Requirements N/A N/A Complied with the Total Maximum Daily Load (TMDL)-specific requirements identified in Appendix 2. List any requirements that were not met. Page 11 of 13 2020 NPDES Annual Report City of Federal Wa For TMDLs listed in Appendix 2: Attach a summary of relevant SWMP and Appendix 2 81 S7.A N/A activities to address the applicable TMDL parameter(s). 82 S8.A.1 83 S8.A.2 84 S8.B.1 85 S8.B.2 86 S8.C.1.b 87 S8.C.1 88 G3 89 G3.A 90 S4.F.1 91 S4.F.3.a Monitoring and Assessment Submitted payment for cost-sharing for Stormwater Action Monitoring (SAM) status and Y trends monitoring no later than December 1, 2019; and no later than August 15 of each subsequent year. Notified Ecology by December 1, 2019, which Y option you selected: S8.A.2.a or S8.A.2.b. Submitted payment for cost-sharing for SAM effectiveness and source identification studies y no later than December 1, 2019; and no later than August 15 of each subsequent year. Notified Ecology by December 1, 2019, which Y option you selected: S8.B.2.a or S8.13.2.b. If conducting stormwater discharge monitoring N/A in accordance with S8.C.1, submitted a QAPP to Ecology no later than February 1, 2020? If conducting stormwater discharge monitoring in accordance with S8.C.1, attach a data and N/A analysis report per S8.C.1 and Appendix 9. (Due annually beginning March 31, 2021) General Conditions and Compliance with Standards Notified Ecology in accordance with G3 of any discharge into or from the Permittee's MS4 Y which could constitute a threat to human I health, welfare, or the environment. Took appropriate action to correct or minimize Y the threat to human health, welfare, and/or the environment, per G3.A. Notified Ecology within 30 days of becoming aware that a discharge from the Permittee's Y MS4 caused or contributed to a known or likely violation of water quality standards in the receiving water. If requested, submitted an Adaptive N/A Management Resp59aonse report in accordance with S4.F.3.a. Page 12 of 13 2020 NPDES Annual Retort City of Federal Way 92 1 S4.F.3.d 94 1 G20 N/A Y 1; exceedance of timeframe for maintenance of catch basins (S5.C.7.a.ii — See Attachment 5) Attach a summary of the status of implementation of any actions taken pursuant to S4.F.3 and the status of any monitoring, assessment, or evaluation efforts conducted during the reporting period. Notified Ecology of the failure to comply with permit terms and conditions within 30 days of becoming aware of the non-compliance. _ Number of non-compliance notifications (G20) provided in reporting year. List permit conditions described in non-compliance notification(s) in the Comments field. Page 13 of 13 2020 NPDES Annual Report - Attachment 1 Attachment 1- Stormwater Management Program Update Introduction City of Federal Way The National Pollutant Discharge Elimination System (NPDES) Permit Program is a requirement of the Federal Clean Water Act intended to protect and restore waters for "fishable and swimmable" uses. The Federal Environmental Protection Agency delegated permitting authority to state environmental agencies. In Washington, the NPDES-delegated authority is the Washington State Department of Ecology (Ecology). Since the City of Federal Way (City) operates a small municipal separate storm sewer system (MS4) that serves less than 100,000 people, it is designated as a "Phase II" community and must comply with Ecology's NPDES Western Washington Phase II Municipal Stormwater Permit (Permit). The first Permit was issued to the City in 2007, and the current, updated Permit was issued in July 2019 and became effective as of August 1, 2019. The Permit allows municipalities to discharge stormwater runoff from the MS4 into the State's water bodies (e.g., streams, rivers, lakes, wetlands, Puget Sound, etc.) as long as municipalities implement measures to protect water quality to the "maximum extent practicable" through the application of best management practices (BMPs). These required practices, specified in the Permit, are outlined in and implemented through the City's Stormwater Management Plan (SWMP). Permit Section S5.A.2 requires that the City detail "activities for the upcoming calendar year" in order to meet Permit requirements. These activities are documented within the SWMP and organized according to the following program components as outlined in the Permit: • Stormwater Planning (S5.C.1) Public Education and Outreach (S5.C.2) • Public Involvement and Participation (S5.C.3) • MS4 Mapping and Documentation (S5.C.4) • Illicit Discharge Detection and Elimination (S5.C.5) • Controlling Runoff from New Development, Redevelopment, and Construction Sites (S5.C.6) • Operations and Maintenance (S5.C.7) • Source Control Program for Existing Development (S5.C.8) • Monitoring and Assessment (S8) The goal of the SWMP is to apply all known and reasonable technologies (AKART) to reduce the discharge of pollutants into area receiving waters, protect surface waters from water quality degradation, and conserve aquatic ecosystems. Page 1 of 21 2020 NPDES Annual Report - Attachment 1 City of Federal Way Stormwater Planning The Surface Water Management (SWM) Division began preparing for the new Stormwater Planning Program Permit requirements by including the applicable milestones and deadlines in the SWM Comprehensive Plan update, completed by Herrera Environmental Consultants (Herrera) in 2019. SWM looks forward to expanding its stormwater planning efforts to better address high priority sub -basins in Federal Way and develop actionable steps for improving watershed health in the community. SS.C.1.a: Convene an Inter -disciplinary Team for the Stormwater Planning Program Development of an inter -disciplinary team was required as part of the Low Impact Development (LID) code review and revision process for the 2013-2019 Permit. This inter -disciplinary team also provided feedback during the Surface Water Management (SWM) Comprehensive Plan kickoff meeting in 2018. In 2020, SWM staff will review the inter -disciplinary team membership and revise if necessary to best meet the needs for future Stormwater Planning Program efforts. The revised team will convene prior to the August 1, 2020 deadline to discuss stormwater planning Permit requirements and draft a plan of action. SS.C.I.b: Coordinate with Long -Range Plan Updates to Address Water Quality A summary of coordination with long-range planning efforts has not been prepared in the past by the City, due to the lack of this requirement in the 2013-2019 Permit. In 2020, SWM staff will begin an analysis of past efforts to address stormwater impacts on water quality within long-range planning processes at the City, to be submitted by the March 31, 2021 deadline. SS.C.1.c: Continue Requiring LID Principles and BMPs When Updating City Codes & Standards Per the 2013-2019 Permit requirement, the following documents and code were reviewed for the initial LID code review in 2016: ,,7 • Federal Way Revised Code (FWRC) • King County Stormwater Design Manual (KCSWDM) • Federal Way Addendum to KCSWDM • Table 1 Development Standards (2015 Development Standards Manual) • King County Stormwater Pollution Prevention Manual • LID Manual Puget Sound The City's Development Services Division continues to review and revise Development Standards in accordance with LID principles, and in 2020 is working to revise the standards for municipal roadway cross- sections to align with LID standards. Page 2 of 21 n process for the 2013-2019 Permit. This inter -disciplinary team also provided feedback during the Surface Water Management (SWM) Comprehensive Plan kickoff meeting in 2018. In 2020, SWM staff will review the inter -disciplinary team membership and revise if necessary to best meet the needs for future Stormwater Planning Program efforts. The revised team will convene prior to the August 1, 2020 deadline to discuss stormwater planning Permit requirements and draft a plan of action. SS.C.I.b: Coordinate with Long -Range Plan Updates to Address Water Quality A summary of coordination with long-range planning efforts has not been prepared in the past by the City, due to the lack of this requirement in the 2013-2019 Permit. In 2020, SWM staff will begin an analysis of past efforts to address stormwater impacts on water quality within long-range planning processes at the City, to be submitted by the March 31, 2021 deadline. SS.C.1.c: Continue Requiring LID Principles and BMPs When Updating City Codes & Standards Per the 2013-2019 Permit requirement, the following documents and code were reviewed for the initial LID code review in 2016: ,,7 • Federal Way Revised Code (FWRC) • King County Stormwater Design Manual (KCSWDM) • Federal Way Addendum to KCSWDM • Table 1 Development Standards (2015 Development Standards Manual) • King County Stormwater Pollution Prevention Manual • LID Manual Puget Sound The City's Development Services Division continues to review and revise Development Standards in accordance with LID principles, and in 2020 is working to revise the standards for municipal roadway cross- sections to align with LID standards. Page 2 of 21 2020 NPDES Annual Report - Attachment 1 City of Federal Way SS.C.1.d.i: Document and Assess Receiving Waters and Create a Watershed Inventory In 2019, Herrera prepared a Basin Characterization Technical Memorandum as part of the SWM Comprehensive Plan update. This Memorandum will be reviewed and revised as needed in 2020 and 2021 to meet the watershed inventory reporting requirement due in early 2022. SS.C.I.d.ii: Develop and Implement a Receiving Water Prioritization Method and Process In 2019, Herrera also began preparing a Receiving Water Prioritization Method and Process as part of the SWM Comprehensive Plan update. Concurrent with the Basin Characterization Technical Memorandum (to be finalized in late 2021), this framework will be updated as needed to meet Permit requirements, and will be submitted prior to the June 2022 deadline. SS. C.I.d.iii: Develop a Stormwater Management Action Plan (SMAP) for at Least One High Priority Catchment Area Upon completion of the Basin Characterization Technical Memorandum and Receiving Water Prioritization Framework, the City will identify one high priority catchment area for which a Stormwater Management Action Plan (SMAP) will be developed in 2022, and submitted by the March 2023 deadline. Page 3 of 21 2020 NPDES Annual Report - Attachment 1 Public Education and Outreach City of Federal Way The Surface Water Management Division (SWM) provides ongoing public education and outreach designed to reduce and eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. SWM staff utilizes a variety of approaches to inform targeted audiences about stormwater issues and provides specific actions people can follow to minimize stormwater pollution. SS.C.2.ca.i-ii. Implement an Education and Outreach Program to Build General Awareness and Affect Behavior Change for the Area Served by the City's MS4 A summary of educational activities that occurred in 2019 and that are scheduled for 2020 is provided as follows: • Continue to make improvements to the Storming the Sound with Salmon (SSS) Program. In 2018 and 2019 staff worked with Federal Way Public Schools (FWPS) to research the feasibility of developing a meaningful, age-appropriate experience for high school students that could serve as a culminating experience for the SSS program. However, due to shifting priorities and constraints on staff time, FWPS was unable to provide resources in time to meet the City's schedule for project completion. This project is thus on hiatus for the near future. SWM continues to work closely with FWPS and will look for other opportunities to institute a high school level learning experience. Continue to sponsor the salmon release event in the spring for the SSS program and make meaningful changes to the program's implementation. Each year, students participate in a daylong field trip to release their Salmon into the West Hylebos Creek and participate in water and ecological related presentations and activities led by City staff and several volunteer environmental organizations. Past release events were open to classes in grades K-6, but thanks to King County WaterWorks grant funding in 2017- 19, SWM was able to work with FWPS to develop new program curriculum specifically targeted for 4th grade students. As part of that new curriculum, the release event will now be a grade -level experience for all 4th graders beginning in 2020. This improvement will allow staff to have more control over the educational station content, and make it more age appropriate and better aligned with Next Generation Science Standards. The WaterWorks grant also helped fund the creation of a Town Square Park Field Trip Guide, completed in 2019. The Field Trip Guide is focused on the benefits of low impact development for stormwater and salmon, and will be an optional grade -level experience for 5th graders in 2020. • Develop an Interlocal Agreement (ILA) with FWPS to standardize SSS implementation for all schools that participate. The ILA will also provide clearly defined areas of responsibility for the City and for the School District and provide a framework for program sustainability. Page 4 of 21 2020 NPDES Annual Report - Attachment 1 City of Federal Way Continue to partner with the Environmental Coalition of South Seattle (ECOSS) to provide stormwater education and free spill kits to businesses in the automotive and restaurant industries. ECOSS provides stormwater inspection support, customized spill plans, and spill response training for managers and employees. Until 2018, ECOSS was funded by regional grants to provide this outreach effort to twenty area businesses, particularly to businesses that had multi-lingual employees. Although grant funding is no longer available, SWM intends to continue this program in 2020, targeting outreach to businesses with a high potential for generating stormwater pollutants and are prone to spills, such as restaurants and automotive support service businesses. In 2019, SWM staff also completed the 2013-19 Permit Cycle Spill Analysis that will help to inform which businesses to select for future participation in the ECOSS program based on potential for, or known history of, prohibited discharges and/or spill events. Continue to produce newsletters and other publications that address a variety of topics on pollution prevention and general awareness of stormwater related issues. In August 2018, SWM switched to a shared monthly e -newsletter with the City's Solid Waste Division. This has enabled SWM to reach a wider audience, and to provide more time -sensitive information related to upcoming events and Permit -related issues. Continue to sponsor stormwater and environmental related workshops. Since 2017 the City has partnered with a locally -owned fresh food marketplace to host the City's Green Living Workshop Program in an effort to increase awareness of this program. Due to declining attendance numbers in 2018 and 2019, and changes to the workshop structure made by the venue, SWM and the City's Solid Waste & Recycling Division have decided to hold Green Living Workshops at the South King County Tool Library in 2020. This venue location is a natural choice as it will allow participants to attend workshops on topics such as green cleaning, natural lawn care, or rain gardens, and then immediately borrow the needed tools from the tool library, thus eliminating a significant barrier to implementing the knowledge they gain from the workshops. As a result of local organizations increasing their use of charity car wash ticket programs run through the Pacific Northwest Car Wash Association and Brown Bear Car Wash, the City began reducing the number of fish friendly car wash kits available to the public in 2018. These kits are designed to divert wash water to the sanitary sewer system and are loaned out by the City for charity car washes at no cost. Due to more organizations using external charity car wash ticket programs, kits are being checked out less frequently. In 2020, SWM will continue to encourage the use of charity car wash ticket programs and other alternative fundraising options, but kits are still available to the public if requested. • In 2019, staff provided general stormwater outreach to residents at Federal Way Farmer's Markets and other free community events such as Kids Day and Shakespeare in the Park at Steel Lake Park, and the Mayor's State of the City address. Staff will continue tabling at community events in 2020. Continue to provide educational markers for installation near catch basins that drain to the City's MS4. The markers inform the public that Page 5 of 21 2020 NPDES Annual Report - Attachment 1 City of Federal Way the storm drains discharge to local waterways. Additionally, in 2019 SWM began using volunteers to map where curb markers exist within the City and in what condition they are in. SWM will continue to map curb marker locations and conditions in 2020. • In 2019, staff worked to enlist the help of local pet -related businesses to disseminate the Scoop the Poop message. Outreach consisted of a direct letter to local pet -related businesses, social media posts, and a pet waste specific page on the Surface Water website. Water quality staff planned on conducting monthly fecal testing within the watershed to determine trends in water quality data; however, due to the difficulty of positively connecting the presence of fecal coliform to a specific animal, coupled with the prohibitive cost of DNA sampling, staff decided not to pursue this in 2019. At this point in time, resources are too constrained to continue a robust pet waste program, but SWM will continue promoting the Scoop the Poop message online and at community events in 2020, and opportunities to expand the program. and put it to the trash. Federal Wry Pd.r u start:. •..i,?KL org will continue to look for Continue to partner with Solid Waste & Recycling Division staff to initiate Social Media Marketing efforts in 2020, which consists of a Public Works Facebook page and a monthly Constant Contact e - newsletter. SWM will use the page to reach a broader segment of the City's residents, and to advertise events, promote programs, and post related news and events from other sources to increase awareness of stormwater related issues. • In 2019, staff continued to expand the number of education and outreach materials offered in languages besides English. SWM worked with a consultant to create two new interpretive signs for two different City parks that are in both English and Spanish. In 2020, SWM will advertise for the SWMP public input meeting in both English and Spanish for the first time, and make interpreters available upon request. In 2020, SWM staff will be launching Phase I of the Storm Drain ArtWalk Project. The goal of the project is to use public art to increase education and awareness about the role of storm drains in our community. This initial phase of the project will involve recruiting local artists to paint stormwater- themed murals on 4-6 storm drains within the "downtown core" of Federal Way. SS.C.2.a.iii. Provide and Advertise Stewardship Opportunities In 2019 SWM staff implemented a new Stream Team program. Two volunteer trainings were held during the fall, and volunteers began regular water° .- quality monitoring in October. Volunteers will :. MW OF" ■ continue monitoring in 2020, and trainings for new w volunteers will be held again in fall 2020. Page 6 of 21 2020 NPDES Annual Report - Attachment 1 • In 2019 the City partnered with the Lake Observations by Citizen Scientists & Satellites (LOCSS) program, run by the University of Washington, University of North Caroline Chapel Hill and NASA, to install two lake level gauges in Federal Way. The gauges were installed at Steel Lake and North Lake. The goal of the program is to use citizen scientists to better understand how and why lake levels change over time. In 2019 citizen scientists reported lake level data a total of 156 times between the two sites. In -2020 the gauges will remain in place and data will continue to be collected. • Continue to host volunteer events that encourage public participation in stewardship activities. Activities may include storm drain marking, storm drain marker mapping, removing invasive plants species, planting native vegetation, and removing garbage and debris from local waterbodies. City of Federal Way Page 7 of 21 2020 NPDES Annual Report - Attachment 1 Public Involvement & Participation City of Federal Way The City encourages the public and interested parties to participate in the decision-making process involving the development and implementation of NPDES Permit related activities and programs. S5.C.3.a: Create Opportunities for the Public to Participate in the Development, Implementation, and Update of the City's SMAP and SWMP Opportunities for public participation in the development of the SWMP include the following: • January 29, 2020: Public Input Meeting on the City's Storm Water Management Program (SWMP) Plan; • March 2, 2020: Land Use and Transportation Committee meeting; • March 17, 2020: City Council meeting. The Council reviews the programmatic and policy changes proposed under the SWMP and allows public comment on all agenda items. Opportunities for public participation in the development of the SMAP will be considered and planned by the inter -disciplinary team that will be convened by August 1, 2020. SS.C.3.b: Post the SWMP Plan and Annual Report on the City's Website • The City's Surface Water Management webpage displays the updated SWMP and the Annual Report. Opportunity for public comment and participation is made possible via e-mail year-round. Page 8 of 21 2020 NPDES Annual Report - Attachment 1 MS4 Mapping and Documentation The City of Federal Way works to maintain the most up to date and accurate maps possible with regards to the City, the MS4, and private connections into the MS4. These maps assist with operations and maintenance of the stormwater system, private and public stormwater system inspections, IDDE source tracing and identification, and mitigating potential downstream impacts of stormwater pollution. SS.C.4.a: Maintain Ongoing Mapping Data City of Federal Way In 2019, SWM performed routine updates to the MS4 mapping based on findings from the City's Video Inspection Program, new development or redevelopment as-builts, and field verifications from utility locates. These efforts will be continued in 2020. Additionally, under a consultant contract for the SWM Comprehensive Plan update, sub -watershed basin boundaries will be reviewed for possible adjustment and mapping updates. S5.C.4.b: Update Outfall Mapping & Complete Mapping of All Known Connections from the MS4 to Privately Owned Stormwater Systems Outfall inspections aimed at updating classifications (primary/secondary) and improving map accuracy were started in September 2018 and completed in 2019. Results were forwarded to GIS staff for inclusion in mapping updates in 2019, and will be completed in 2020. Any missing information on outfall size and material will be collected during summer of 2020, and will be added to GIS in late 2020 and completed in early 2021. In 2020, SWM will begin mapping all known connection points from the MS4 to privately owned stormwater systems in GIS. New, private + stormwater infrastructure is updated in GIS on an ongoing basis, ,..� ensuring the most complete and up to date map at any given time. Mapping updates are noted for action by SWM staff when undocumented infrastructure is found through the source control, �7 j.,:. IDDE, and private commercial site program inspections. Additionally, any new development or construction that connects a private system to the public MS4 is mapped when the as-builts are submitted to SWM staff from the Development Services Division. S5.C.4.c: Utilize Electronic Format for Mapping The City has utilized GIS data and mapping since 1997. The City continues to use ESRI ArcGIS (Enterprise 10.6.1, Desktop 10.6.1, Pro 2.4.3) and AutoDesk AutoCAD (2019, Civil 3D 2019) for electronic mapping. S5.C.4.d-e: Provide Mapping Information, Upon Request, to Ecology, Indian Tribes, Municipalities, and Other Permittees Mapping requests from the public, Ecology, Indian Tribes, Municipalities, and Other Permittees are met on an ongoing basis. Page 9 of 21 2020 NPDES Annual Report - Attachment 1 City of Federal Way Illicit Discharge Detection & Elimination Federal Way maintains a robust Illicit Discharge Detection & Elimination (IDDE) Program designed to prevent, detect, characterize, trace, and eliminate illicit connections and illicit discharges into the MS4. S5. C. S. a: Include Procedures for Identifying, Reporting, Correcting, and Removing Illicit Discharges and Illicit Connections in the IDDE Program In 2019, the SWM Water Quality Section continued to update the City's IDDE Field Procedures and Response Plan (Plan) that outlines procedures for identifying, reporting, correcting, and removing illicit discharges and illicit connections. In Im late 2018, the Plan was updated to include more consistent and timely enforcement measures to facilitate compliance and correct illicit discharges and corrections. In 2020, updates are being made to the enforcement sections of the Plan to include an abatement policy for sites that require immediate corrective action, or are continually noncompliant. S5.C.5.b: Inform Public Employees, Businesses, and the General Public about the Hazards Associated with Illicit Discharges and Improper Disposal of Waste In 2019, SWM staff worked to expand education and outreach efforts to multiple stakeholders regarding the various hazards associated with illicit discharges and improper disposal of waste. In 2020, SWM staff will continue to review and revise these efforts, which include: Utilizing the updated IDDE Field Procedures and Response Plan for all incoming public employees to introduce them to the program and orient them with City procedures for investigating, identifying, enforcing, and eliminating illicit discharges and illicit connections; Increasing the volume of technical assistance letters that are issued as a result of IDDE and source control investigations where the potential for prohibited discharges exist. These letters contain information about City Code regarding prohibited discharges, City enforcement policies and procedures if prohibited discharges do occur, and information regarding operational and structural BMPs that can assist with prohibited discharge prevention; • Placing educational stickers on dumpsters during routine source control site inspections that remind businesses and multi -family housing establishments to close their dumpster lids to avoid leachate and other prohibited discharges; Emphasizing the harmful effects of stormwater pollution when presenting to the general public at Farmer's Market booths and other local tabling events, and providing educational materials to citizens about residential BMPs, such as vehicle washing and proper pet waste disposal, and notifying them about City and County programs, such as the City's car wash kits and King County's hazardous waste disposal resources; ■ Educating participants in the City's Stream Team Program about the hazards of illicit discharges during the initial classroom training for inclusion in the program; and Page 10 of 21 2020 NPDES Annual Report - Attachment 1 City of Federal Way • Conducting education and outreach about illicit discharges through the Environmental Coalition of South Seattle (ECOSS) program that assists private businesses in the City with implementing and maintaining spill prevention and elimination procedures and spill kits. Furthermore, in 2020 an internal Public Works Department Communications team will be working to engage the general public in understanding what work the Public Works Department does in the community and also create more visible and accessible modes for citizens to report issues found within the City, including illicit discharges. S5.C.5.c: Implement an Ordinance or Other Enforceable Mechanism to Prohibit Illicit Discharges into the City's MS4 City Ordinance 09-619 prohibits non-stormwater discharges into the City's MS4, and Federal Way Revised Code (FWRC) Chapter 16.50 lists prohibited, allowable, and conditional discharges into Federal Way waters and storm drainage systems. Examples of illicit discharges include trash, food wastes, construction materials, petroleum products, sewage, paint, pesticides, fertilizers, soap, and sediment. The SWM Water Quality Section implements escalating enforcement procedures and actions pursuant to those outlined in FWRC Chapter 1.15. In 2019, SWM continued implementing the enforcement procedures that were updated in late 2018 to achieve more efficient compliance. These measures include enforcement of monetary penalties for violators that continually fail to comply. In 2020, SWM staff will incorporate an abatement procedure into the enforcement section of its IDDE program to further assist with compliance. S5.C.5.d-e: Implement an Ongoing Program to Detect, Identify, and Address Illicit Discharges, Including Spills and Illicit Connections, into the City's MS4 In 2019, the City met the Permit requirement for screening 40 percent of the City's stormwater system for illicit connections through recurring source control inspections, video inspections, and stormwater facility inspections. This program is ongoing, and in 2020 SWM staff will: Continue to inspect private commercial stormwater systems that discharge into the City's MS4 to ensure maintenance complies with standards outlined in the Permit. SWM Staff incorporates an education and outreach program into the commercial site inspection program. This component provides advance notice and site-specific information of stormwater systems to property owners and their representatives. In addition, the outreach program provides information on BMPs targeted to each site's commercial activities and land use. In 2019, SWM staff emphasized source control best practices, both operational and structural, to help commercial property owners better understand how to prevent prohibited discharges on both a short- and long-term basis. This year, staff will work to incorporate more feedback mechanisms from property owners and managers to ensure outreach methods and materials are accessible and effective, and will use the collected data to update outreach efforts for commercial sites. • Continue to collect and analyze data on commercial site inspection results, enforcement actions, water quality violations, and compliance timelines to better inform commercial site and source control inspections. In 2018, data was collected and analyzed for the 2013-18 Permit Cycle, to Page 11 of 21 2020 NPDES Annual Report - Attachment 1 City of Federal Way prioritize sites for future inspection. The data includes land use, compliance history, and pollution risks associated with each site. In 2019, this analysis was updated to include the first half of 2019 to create a complete 2013-19 Permit Cycle evaluation. • In 2019, SWM staff continued to use the VUEWorks data management program to report illicit discharges and connections, track staff response logs, and document enforcement actions. A spill analysis of the 2013-19 Permit cycle was completed in late 2019 to evaluate hot spots in the City for illicit discharges, and was broken down by type of discharge, drainage basin, and year. The results of this analysis will continue to be used in 2020 to assist staff in identifying seasonal and/or geographic trends in repeated water quality violations. This analysis, coupled with the evaluation of enforcement actions and compliance timelines being completed in 2020, will allow SWM Staff to better target outreach and technical assistance efforts to reduce common illicit discharges. • In late 2019, SWM staff began contract negotiations to purchase NPDESPro after months of researching potential opportunities for an enhanced data management system. NPDESPro is a web - based data management platform designed to create efficiencies and consistency with regards to Permit -required field inspections, recordkeeping, and reporting. In January 2020, staff will finalize contract documents and begin the initial phase of data migration and staff training for the Water Quality Section, Surface Water Inspectors, and Asset Manager. Following this start-up period, SWM staff will be utilizing NPDESPro for recordkeeping and reporting on private commercial site inspections, IDDE inspections, and source control inspections. SS.C.S.: Provide IDDE Staff Training SWM staff will continue to provide annual training to all City of Federal Way field staff and police personnel in the identification of illicit discharges and notification to appropriate authorities. Additionally, all maintenance personnel, SWM Water Quality staff, and SWM Inspectors are trained annually in spill response and first responder hazard awareness. SWM staff will continue to review field procedures for identifying, tracing, reporting, and documenting all reported illicit discharges. In 2019, SWM staff developed a training document and reporting procedure for South King Fire & Rescue (SKFR) staff in regards to illicit discharges resulting from firefighting activities. In 2020, SWM staff will be reviewing and updating the training materials to emphasize proper notification procedures regarding illicit discharges. S5.C.5.a: Track and Maintain Records of IDDE Program Activities In 2019, SWM staff continued utilizing a public works maintenance management software system, VUEWorks, to track and record all reported water quality violations and associated documents, including: photographs, site maps, correspondence, legal actions, and final resolution. Commercial site inspections and source control inspections are tracked through respective Microsoft Excel spreadsheets, and active construction sites are tracked through the City's permitting system, AMANDA. In 2019, Public Works Inspectors began tracking interim TESC inspections of active construction sites within VUEWorks. In 2020, SWM staff will begin utilizing NPDESPro for all recordkeeping activities associated with IDDE investigations, private commercial site inspections, and source control inspections. Page 12 of 21 2020 NPDES Annual Report - Attachment 1 City of Federal Way Controlling Runoff from New Development, Redevelopment, & Construction Sites Construction site run-off is a major contributor to water quality degradation in the greater Puget Sound region. To address this issue, the City adopted the current King County Stormwater Design Manual and the City of Federal Way Addendum in 2016. Changes were made to development -related standards in 2016 to make Low Impact Development (LID) the preferred and commonly used approach in site development. S5.C.6.a-b: Implement an Ordinance or Other Enforceable Mechanism to Address Runoff from New Development, Redevelopment, and Construction Sites Federal Way Public Works Development Standards (codified under FWRC 19.135.130), and the King County Stormwater Design Manual (as amended and adopted under City Ordinance 16-828), include minimum requirements for stormwater design and construction for the protection of water quality and the reduction of pollutant discharge. S5.C.6.c: Apply a Permitting Process with Site Plan Review, Inspection, and Enforcement Capability for New Development, Redevelopment, and Construction Sites In 2020, the Public Works Development Services Division will continue to implement the City's permitting process, including civil/site plan review and approval for compliance with City of Federal Way standards. Public projects in the right-of-way that trigger local permits will be reviewed by internal stormwater engineers. During construction, Public Works staff will continue to conduct weekly site inspections to ensure implementation of proper temporary erosion and sediment control (TESC) BMPs. City inspectors have the authority to enforce TESC standards for both private and public projects in order to reduce pollutants in stormwater runoff to the MS4 and surface waters that originate from new development, redevelopment, and construction site activities. In 2019, Development Services staff updated the City's Development Standards, which includes a review of planned LID criteria. This review is part of the City's effort to require LID principles and LID BMPs to make it the preferred and commonly used approach to site development. In 2020, City staff will continue the ongoing revision process of the Development Standards to improve clarity and review potential updates to LID criteria, including a requirement that municipal roadway cross-sections align with LID standards. Staff will finalize their revisions in late 2020 in anticipation of releasing the updated Development Standards in early 2021. The City has an ongoing program to verify that long-term operation and maintenance (O&M) of post construction stormwater facilities and BMPs is implemented. The City requirements for maintenance standards are identified under the 2016 King County Stormwater Design Manual Appendix A, Maintenance Requirements for Flow Control, Conveyance, and Water Quality Facilities. In 2020, Public Works staff will continue post construction inspections prior to release of warranty bonds, and will review post construction inspection procedures in conjunction with the Development Standards update. Furthermore, Public Works staff will work on implementing increased site assessment procedures that align with the updated Page 13 of 21 2020 NPDES Annual Report - Attachment 1 City of Federal Way Department of Ecology Standards for new development, redevelopment, and construction activities on plats, single family, and commercial sites. SS.C.6.d: Provide Notice of Intent (NOI) for Proposed New Development and Redevelopment The City includes notification of the requirement to meet NO1 in the pre -application comments, during the review for land use, and during plan review for building permit phases depending on the project. The development services project manager makes periodic inquiries to the on-line permit to verify compliance. SS.C.6.e: Ensure Staff Training for Implementation of Runoff Control Program Plan reviewers are managed by a professional licensed engineer and all City staff responsible for approval and/or inspection of new development, redevelopment, or construction are certified in Construction Erosion and Sediment Control Lead (CESCL). City inspectors are also sent through the Washington Department of Transportation Local Technical Assistance Program (LTAP) for construction inspection\ and documentation training, and in 2019 were also sent to the American Public Works Association (APWA) Construction Inspection Training. In 2020, the APWA Construction Inspection Training will continue for newly hired construction inspectors. Furthermore, in 2020 management will update and expand training for plan reviewers that includes refresher training for experienced plan reviewers, and will begin planning for training opportunities for incoming plan reviewers in 2021. In 2020, management will also continue researching training opportunities for inspectors regarding soil classification and analysis. Page 14 of 21 2020 NPDES Annual Report - Attachment 1 Operations & Maintenance SWM has an ongoing program to reduce stormwater impacts associated with maintenance and operations of City streets, facilities, and properties. The program applies to drainage infrastructure, which includes catch basins, pipes, open channels, as well as residential and regional retention/detention facilities. SS.C.7.a: Implement Maintenance Standards City of Federal Way • In 2020, SWM maintenance personnel will continue to implement maintenance standards as outlined in the amended and adopted 2016 King County Stormwater Design Manual, which includes Appendix A: Maintenance Requirements for Flow Control, Conveyance, and Water Quality Facilities. All inspection forms utilized in routine stormwater system inspections are downloaded directly from this resource. S5.C.7.b: Maintain Storm water Facilities Regulated by the Permittee a In 2020, SWM will continue to inspect stormwater treatment and flow control facilities regulated by the City, as required by the Permit. Facilities permitted by the City that discharge to the City's MS4 are inspected and maintained annually to verify long-term maintenance, if the City was designated as the maintenance provider following construction completion. Any required repairs are recorded and scheduled in the City's asset management and tracking system, VUEWorks. S5.C.7.c: Maintain Stormwater Facilities Owned or Operated by the Permittee p In 2020, SWM will continue to inspect known municipally owned and operated stormwater treatment and flow control facilities as required by the Permit. Control structures, retention/detention ponds, and bioswales are inspected and maintained annually. Any required repairs are recorded and scheduled in VUEWorks, the City's asset data management system. In 2018, SWM implemented mobile technology into its inspection program which allows for electronic recording, filing, and scheduling for inspection results. In 2019, SWM implemented the second phase of this program, which provided real time recording into the City's maintenance management and tracking program software, resulting in streamlined operations. In 2019, this inspection program was expanded to include outfalls, control structures, dams, and bridges. In 2020, SWM staff will continue using ArcCollector for inspections and inputting required maintenance into VueWorks. SWM is acquiring two additional tablets for this work. In 2020, SWM Inspectors will continue to use the Video Inspection Program (Program) as a tool to proactively manage the stormwater system to prevent flooding, drainage problems, and other water quality concerns. The Program also supports several NPDES-related activities including ongoing comprehensive mapping of the system, evaluation of management practices, and the improvement of the ability to trace spills and identify illicit connections to the MS4. In 2020, SWM Inspectors will continue to assess and identify stormwater system maintenance needs based on the structural scoring system utilized through the Program. Page 15 of 21 2020 NPDES Annual Report - Attachment 1 City of Federal Way SWM Staff will continue to inspect facilities vulnerable to surface water related problems before, during, and after major storm events to ensure the systems are functioning properly, and to determine/conduct any maintenance or repair needs. SWM will continue to inspect and clean (when necessary) catch basins owned by the City. In 2018, SWM incorporated an annual assessment into the City's catch basin inspection program. Annual assessments include a review of the City's circuit schedules, actual inspection results, cleaning and maintenance records, new development or redevelopment schedules, changes in commercial use, and an evaluation of the previous year's snow and ice operations. SWM will use this assessment to adjust the City's circuits in order to comply with the requirements of an alternate inspection schedule under the next Permit cycle (2019-2024). • SWM will continue to implement an inspection program using mobile technology that provides more accurate measuring and tracking of catch basin sediment levels. In 2020, SWM staff will be working with the City's GIS staff to update these online inspection forms to better track, record, and report catch basin inspection data. • In 2019, SWM modified the annual inspections of non -arterial catch basins to include an inspection of 25% of each off-year circuit, in addition to the regularly scheduled circuits requiring 100% inspection. This enables the City to complete an inspection of all catch basins within the two-year Permit requirement and collect data that will be used to analyze the City's circuit schedule and modify plans for future program implementation. Upon review of historical inspection program data in 2019, SWM staff concluded that Permit requirements could be better met with a new inspection program that separates the City into Northern and Southern circuits, each containing approximately half of the City's total number of arterial and non -arterial catch basins. In 2020, SWM will begin implementing this program by inspecting all catch basins within the Northern Circuit, and will also clean and maintain all catch basins identified as having an exceedance of the maintenance standards within the Permit required 6 -month timeframe. • In 2019, SWM inspected and cleaned all arterial catch basins within the City. SWM is working on a unit priced contract to leverage the City's ability for timely repair of catch basins. Under a new catch basin inspection program to be implemented in 2020, SWM will inspect, clean, and maintain the arterial catch basins within the southern half of the City, and in 2021, SWM will inspect, clean, and maintain the arterial catch basins within the northern half of the City (including the border streets), as noted in the map to the right. S5.C.Zd: Implement Practices, Policies, and Procedures to Reduce Storm water Impacts Associated with Runoff from All City Owned or Maintained Lands, and City -Controlled Road Maintenance Activities In 2018, SWM Staff implemented new procedures and practices for managing the stormwater infrastructure maintenance program. Included in the updated program were changes in scheduling, Page 16 of 21 2020 NPDES Annual Report - Attachment 1 City of Federal Way tracking, and recording of maintenance activities. In 2019, SWM staff began reviewing the 2018 program and in 2020 SWM plans to hire a consultant to update the maintenance Standard Operating Procedures (SOPS) that together form the City's Maintenance Manual. The updated Manual is scheduled to be finalized in 2021. In 2020, SWM will review Streets and Parks 0&M SOPs for adherence to permit requirements for reduction of stormwater impacts associated with maintenance activities. S5.C.7.e: Ensure Staff Training for Operations and Maintenance Personnel City field staff is trained annually in IDDE and spill response procedures. In 2020, field staff responsible for construction operations, street maintenance, parks, and facilities maintenance will also receive updated training in construction BMPs, spill response, and review of Stormwater Pollution Prevention Plan (SWPPP) and TESC requirements. Maintenance crew leads also attended a Best Management Practices (BMPs) training that they shared with their crews. Licensed maintenance personnel are trained on an annual basis for pesticide/herbicide application and this program will continue in 2020. SS.C.7.: Implement a Stormwater Pollution Prevention Plan for All Heavy Equipment, Maintenance, or Storage Yards, and Material Storage Facilities Owned or Operated by the Permittee In 2019, SWM staff reviewed and updated the Stormwater Pollution Prevention Plan (SWPPP) appendices for the Public Works/Parks Maintenance Yard Annex located at 31130 28th Avenue South. These appendices include a drainage map of the Yard, a map of material storage locations in the Yard, and Excel worksheets that document staff responsibilities, inspection results, spill events, material storage locations and associated BMPs, and staff training. In 2020, SWM staff will continue to review and revise the SWPPP and its appendices as necessary. • In 2020, SWM staff will work with the Parks Department to identify additional City -owned storage yards or facilities that may require SWPPPs, and will develop SWPPPs for these sites if necessary. In 2020, SWM staff will continue to review policies and procedures to ensure proper pollution management practices are consistently being implemented and documented, and will update the training materials provided to staff for the annual SWPPP training. S5.C.7.9: Maintain Records of Operations and Maintenance Program Activities In 2019, a review of records retention and data collection was continued as part of the updated procedures and practices for operation, maintenance, and repair. In 2020, SWM will be refining the implementation plan for digitizing all 0&M and repair records as well as standardizing maintenance records procedures. a In 2019, SWM staff also reviewed recordkeeping procedures for Streets and Parks personnel. Page 17 of 21 2020 NPDES Annual Report - Attachment 1 Source Control Program for Existing Development AW ' ~ f4xi A3 City of Federal Way In recent years, SWM staff has identified a growing need to include more preventative, rather than reactive, measures within the stormwater management program overall. One of the primary actions identified was to reinstate a source control inspection program within the Water Quality Section beginning in 2017. This program allows SWM staff to better engage business owners in conversations about stormwater pollution, provide business -specific BMPs to prevent illicit discharges, and enforce illicit discharges if found during routine inspections. S5.C.8.a: Implement a Program to Prevent and Reduce Pollutants in Stormwater Runoff In 2017, SWM staff identified a need to include more preventative actions within the stormwater management program overall. One of the primary ways identified was to resume a robust source control inspection program within the Water Quality Section. In 2017, SWM staff completed a site inventory that was used to conduct weekly source control inspections. In 2018 and 2019, updates were made to the inventory to better capture businesses within the City that have a high potential for generating stormwater pollution. In 2020, SWM staff will continue to assess and update the program to more effectively educate business owners and managers on the causes and harmful effects of stormwater pollution, what constitutes a water quality violation and how the City enforces such violations, and operational and structural BMPs tailored to their business activities that can assist with stormwater pollution prevention. S5.C.8.b.i: Adopt an Ordinance or Other Enforceable Documents Requiring Source Control BMPs The Federal Way Revised Code (FWRC) currently includes language regarding source control BMPs, but does not require enforcement of those BMPs for existing sites. Enforcement occurs when a lack or failure of BMPs results in a water quality violation. In 2020, SWM staff will begin the initial planning and code review process to determine the most effective method for adopting an Ordinance or other enforceable documents requiring source control BMPs for existing sites, and will create a timeline to ensure adoption of this language prior to the August 2022 deadline. S5.C.8.b.ii: Establish an Inventory of Public and Private Sites with Potential to Pollute MS4 In late 2017, SWM staff created an inventory of businesses with potential pollution -generating activities. The inventory includes information on the business name, business location, potential pollution sources, inspection history (dates and results), and enforcement measures taken, if any. In 2019, this inventory was updated to include all automotive -related businesses, gas stations, fast food restaurants, and sheet flow sites within the City. In 2020, SWM staff will continue to evaluate and revise the inventory as necessary to account for changes in land use and development. SIC codes for each business will also be added to the inventory in 2020, as outlined in Permit Appendix 8. S5.C.8.b.iii: Implement an Inspection Program for Pollutant -Generating Sites Beginning in late 2017, SWM staff began conducting regular source control site inspections throughout the City, using the inventory for scheduling and as a recordkeeping document for inspections. In 2020, SWM staff will continue conducting regular source control site inspections and will begin scheduling and documenting inspections in NPDESPro. In 2019, a total of 91% of businesses (230 of 253) were Page 18 of 21 2020 NPDES Annual Report - Attachment 1 City of Federal Way inspected within the inventory, which exceeds the future Permit requirement (January 2023) of at least 20% of businesses inspected. S5.C.8.b.iv: Implement a Progressive Enforcement Policy for Stormwater Compliance Following a source control inspection in which a potential water quality violation is observed, SWM staff will issue a technical assistance letter to the business informing them about the potential violation, harmful effects of stormwater pollution, and BMPs they can implement to prevent illicit discharges from occurring. When an illicit discharge is found during a source control inspection, SWM staff will issue a formal Notice of Water Quality Violation that contains similar information to the technical assistance letter, but also outlines required corrective actions to eliminate the discharge and a deadline by which to complete these actions. All of these enforcement actions are recorded in the Source Control Inspection Inventory, and if at the level of a water quality violation, are recorded in VUEWorks, the City's asset data management system. Starting in 2020, all of the source control inspection results and enforcement data will be tracked in NPDESPro. S5. C.8. b. v: Ensure Staff Training for Source Control Program SWM Water Quality staff in charge of source control inspections are trained annually in the source control inspection program with an emphasis on inspection procedures, recordkeeping, and commercial -related BMP resources. Staff members involved with the source control program are also required to attend the annual Illicit Discharge Detection and Elimination training to ensure proper identification and notification of illicit discharges if found during source control inspections. Page 19 of 21 2020 NPDES Annual Report - Attachment 1 Monitoring City of Federal Way A collaborative monitoring program is paid for by Western Washington NPDES Permittees, administered by Ecology, and designed to monitor and evaluate the effectiveness of the best management practices specified in the Permit. The goal of the monitoring program is to provide an unbiased assessment of whether stormwater management actions are resulting in genuine progress towards regional water quality targets. In 2020, the City will continue to pay into the collective fund and support the implementation of the three components of the Regional Stormwater Monitoring Program: • Status and trend monitoring studies to measure whether the health of lowland streams and shorelines in Puget Sound is improving or declining; • Stormwater effectiveness studies to provide widely applicable information about what best management practices work, or don't work, and how to improve stormwater management; and • Source Identification Information Repository designed to share information about source identification and elimination methods and identify opportunities for regional solutions to common illicit discharges and pollution problems. Page 20 of 21 2020 NPDES Annual Report - Attachment 1 Conclusion City of Federal Way Links to the 2020 Annual Report and SWMP update are posted under "News and Updates" on the City's Surface Water Management Division website at: http://www.citvoffederalway.com/ mode/1468. If at any time the City is unable to comply with the terms and conditions of the Permit, staff must notify Ecology within 30 days of becoming aware that non-compliance has occurred. Written notification must include a description of the non-compliance issue and steps planned or taken to achieve compliance. The City remains in compliance with the Permit and is using all known, available, and reasonable methods of prevention, control, and treatment to prevent pollution into the surface waters of Washington State. Page 21 of 21 2020 NPDES Annual Renort - Attachment 2 Citv of Federal W Attachment 2 - Description of 2019 Public Education Activities Public Events In 2019, the Surface Water Management (SWM) Division continued to create a more public presence. To this end, City staff tabled at the Mayor's State of the City Address, three Federal Way Farmers Markets, Federal Way Kid's Day, and one of the City's "Movie in the Park" nights. Storming the Sound with Salmon Program The Storming the Sound with Salmon program is a stormwater education program developed and implemented by the City and the Federal Way Public Schools that has occurred annually since 2012. The program includes classroom curriculum focusing on stormwater education and provides students with the opportunity to raise salmon at their school. At the end of the school year, students participate in a salmon release event where they release the salmon into a local creek and spend the day participating in outdoor learning at the local West Hylebos Wetlands Park. In May 2019, the City held four of these salmon release events, serving over 900 students from 35 different schools. Green Living Workshops The Surface Water Management Division and the Solid Waste & Recycling Division staff collaborate to provide free educational workshops for residents on topics related to stormwater and sustainability. Topics in 2019 included: Orcas, Gardening for Wildlife, Natural Yard Care Basics, Composting, Green Cleaning and Zero Waste Holidays. Volunteer Events The Surface Water Management Division recognizes and appreciates the hard work of volunteers that donate their time to improve the water quality of stormwater and our local surface waters. Volunteers for SWM in 2019 totaled 755 volunteer hours. Volunteer activities included removing invasive plants, cleaning up local parks and streams, assisting with Storming the Sound with Salmon, Stream Team monitoring, and curb drain marking and mapping. E -Newsletter E -newsletters allow SWM to provide more timely information to the public on seasonal stormwater issues and upcoming events. In 2018, public education staff transitioned from a print quarterly newsletter to monthly e -newsletters in collaboration with the Solid Waste Division. In 2019, SWM continued this partnership, and will do so in 2020 as well. Environmental Coalition of South Seattle (ECOSS) The City collaborated with ECOSS, a non-profit organization, to provide multilingual stormwater outreach to 15 businesses in the City. ECOSS provided free spill kits, custom spill plans, and staff training so businesses knew how to prevent, or quickly address and clean up, spills and illicit discharges. Car Wash Program The City's car wash program informs businesses and charity groups that it is a violation of City Code to allow dirty, soapy water from car washing activities to enter storm drains. Realizing that car washes are an important fundraising tool for many groups in the community, the City offers an environmentally safe solution. The City has special kits available that pump wash water into the sanitary sewer system, thus keeping contaminants out of local surface waters. In 2019, five charity organizations checked out the Page 1 of 2 2020 NPD'ES Annual Report - Attachment 2 City of Federal Way kits seven times, at no charge, from the Public Works Department. The City also advertises charity car wash ticket programs through the Puget Sound Car Wash Association (PSCWA) and Brown Bear as alternatives to the car wash kits. In 2019, local organizations bought 331 car wash tickets through PSCWA and 5,039 through Brown Bear. Various Publications Each year, the Surface Water Management (SWM) Division produces new and updated public education materials as needed. In 2019, two new interpretive signs were developed for the Brook Lake and Panther Lake City parks, and are translated into both English and Spanish. Orca Health Starts Here Social Media Campaign In 2019, SWM participated in a regional outreach effort coordinated by Stormwater Outreach for Regional Municipalities (STORM) for Puget Sound Starts Here Month. This effort, Orca Health Starts Here, was a social media campaign recognizing #OrcaHeroes—people who take actions every day to prevent stormwater pollution in their communities. Federal Way recognized the Korean Youth Ecology Corps as #OrcaHeroes for their consistent community volunteer work on stormwater-related projects. Training City staff participated in a number of trainings in 2019 related to the City's Stormwater Management program. Trainings varied in the number of staff members in attendance. Internal Training: NPDES Presentation to Land Use and Transportation Committee & City Council IDDE Training for Fire Department IDDE Training for Police Department IDDE Response Training for Field Staff Amanda Database Program VUEWorks Database program Website Training External Training: Regional Education and Outreach Annual Symposium Social Marketing Workshop Plain Language Workshop Public Engagement Training CESCL Training for Inspectors King County Stormwater Design Manual Training Certified Stormwater Inspector Training Trenching and Shoring Certification Confined Space Certification Pipe Assessment Certification Manhole Assessment Certification Lateral Assessment Certification Automated Sustainable Stormwater Design with XPDrainage Webinar Asset Management as a Process Workshop Planning for Infrastructure Replacement Workshop Page 2 of 2 2020 NPDES Annual Resort - Attachment 3 Citv of Federal Wa Attachment 3 - Stewardship Opportunities for Residents Stream Team In 2019, SWM staff implemented a new Stream Team program. Two volunteer trainings were held during the fall, and volunteers began regular water quality monitoring at six stream sites in October. Stream team volunteers measure a variety of parameters, including: temperature, pH, turbidity, dissolved oxygen, and nutrients, among others. Volunteers will continue monitoring in 2020, and training sessions for new volunteers will be held in fall 2020. Lake Level Monitoring In 2019 the City partnered with the Lake Observations by Citizen Scientists & Satellites (LOCSS) program, run by the University of Washington, University of North Caroline Chapel Hill and NASA, to install two lake level gauges in Federal Way. The gauges were installed at Steel Lake and North Lake. The goal of the program is to use citizen scientists to better understand how and why lake levels change over time. In 2019, citizen scientists reported lake level data a total of 156 times between the two sites. In 2020, the gauges will remain in place and data will continue to be collected. Storm Drain Marking In 2020, SWM will continue to provide educational markers for installation near catch basins that drain to the MS4. The markers inform the public that the drains discharge to local waterways. In 2019, SWM began using volunteers to map where curb markers exist within the City and provide a status update of their condition. SWM will continue to map curb marker locations and conditions in 2020. Volunteer Events In 2020, SWM will continue to host volunteer events that encourage public participation in stewardship activities. Activities may include storm drain marking, storm drain marker mapping, removing invasive plant species, planting native vegetation, and removing garbage and debris from local waterbodies. Stream clean-up efforts are being discontinued in 2020 due to the prevalence of transient population encampments near surface waters, and the safety concerns this presents to volunteers. Page 1 of 1 2020 NPDES Annual Report Attachment 4 - Summary of IDDE Actions in 2019 City of Federal Way Page 1 of 8 Date Incident Date of Beginning Date of End of How Was the Incident Discovered or Reported Discharge to M547 Incident location Incident location Pollutants identified Source or Source Tracing roach es App ( I Correction/ Elimination Field Nates, Explanations, and/or Other Comments P / Jurisdiction Name Discovered or Your Response Your Response (Address) Ci ( N) Cause Used Methods Used Reported to You [o You? Pollution hotline, Other No - cleaned up City of Federal Way 01/03/2019 01/04/2019 01/08/2019 before reached MS4 WAR045516 agency referral No -cleaned up City of Federal Way 01/08/2019 01/08/2019 01/08/2019 ERTS referral before reached M54 WAR045516 Staff referral, Business No -cleaned up City of Federal Way WAR045516 01/10/2019 01/11/2019 01/10/2019 inspection before reached M54 Staff referral, Business No - cleaned up City of Federal Way WAR045516 01/17/2019 I 01/18/2019 I 01/22/2019 inspection before reached MS4 Staff referral, Business No - cleaned up City of Federal Way WAR045516 01/17/2019 01/18/2019 01/22/2019 inspection before reached M54 City of Federal Way 01/24/2019 01/24/2019 01/24/2019 Pollution hotline No -cleaned VI before reached M54 WAR045516 _ City of Federal Way WAR045516 01/28/2019 01/28/2019 01/28/2019 Pollution hotline No - none found Staff referral, Business No - cleaned up City of Federal Way 02/19/2019 02/20/2019 02/20/2019 WAR045516 inspection before reached M54 City of Federal Way Pollution hotline, ERTS WAR045516 02/26/2019 02/26/2019 02/26/2019 referral No - none found ' Accidental release of liquefied natural gas from Other transport truck. Reported by SKFR and cleanup of City of Federal Way 03/01/2019 03/01/2019 03/01/2019 Other agency referral, yes - notified Ecology 1640 S 318th PI Federal Way Fuel and vehicle accident/ Observation Clean-up impacted MS4 handled by third party service WAR045516 ERTS referral relatedd f fluids spill provider. Inserts deployed in downstream storm drains to prevent further contamination. Staff referral, Business No - cleaned up City of Federal Way 03/07/2019 03/13/2019 03/13/2019 WAR045516 inspection before reached MS4 Staff referral, Business No - cleaned up City of Federal Way WAR045516 03/13/2019 03/13/2019 03/29/2019 inspection before reached MS4 City of Federal Way 03/15/2019 03/25/2019 04/11/2019 Staff referral, Business No - cleaned up WAR045516 Iinspection before reached MS4 Staff referral, Business No - cleaned up City of Federal Way 03/21/2019 03/25/2019 04/12/2019 WAR045516 inspection before reached MS4 Staff referral, Business No - cleaned up City of Federal Way 03/21/2019 03/25/2019 03/27/2019 WAR045516 inspection before reached M54 Staff referral, Business No - cleaned up City of Federal Way 03/21/2019 03/25/2019 03/27/2019 WAR045516 inspection before reached MS4 Staff referral, Business No - cleaned up City of Federal Way 03/21/2019 03/25/2019 03/27/2019 WAR045516 inspection before reached M54 ity of Federal Way r 03/25/2019 03/25/2019 03/25/2019 Direct report to City No -cleaned up WAR045516 staff before reached M54 Page 1 of 8 2020 NPDES Annual Report Attachment 4 - Summary of IDDE Actions in 2019 City of Federal Way Page 2 of 8 No -cleaned City of Federal Way WAR045516 03/25/2019 03/27/2019 03/28/2019 Staff referral before reached MS4 — — — i No - cleaned City of Federal Way 04/01/2019 04/01/2019 04/10/2019 Staff referral before reached MS4 WARG45516 ---- ---- City of Federal Way 04/03/2019 04/04/2019 04/26/2019 Staff referral, Business No - cleaned up WAR045516 inspection before reached MS4 Staff referral, Business No - cleaned City of Federal Way WAR045516 04/03/2019 04/04/2019 04/18/2019 inspection before reached MS4 ---- No - cleaned City of Federal Way 04/05/2019 04/05/2019 05/15/2019 ERTS referral before reached M54 WAR045516 - — City of Federal Way Staff referral, Business No - cleaned up WAR045516 04/08/2019 04/09/2019 04/12/2019 inspection before reached M54 No - cleaned City of Federal Way 04/11/2019 04/12/2019 05/22/2019 Other agency referral before reached MS4 V•'AR045516 --_ _.. Staff referral, Business No - cleaned City of Federal Way WARG45516 04/12/2019 04/12/2019 04/15/2019 inspection before reached M54 No - cleaned City of Federal Way 04/18/2019 04/18/2019 04/22/2019 Staff referral before reached MS4 WAR045516 No - cleaned City of Federal Way 04/29/2019 05/09/2019 05/14/2019 Other agency referral before reached M54 WAR045516 -- Yes - allowable or Referred to other Resident had leak in water line that wai diverted to City of Federal Way 05/02/2019 05/09/2019 05/09/2019 Direct report to City conditionally 11th Ave. S. and Federal Way Other Other Observation agency or storm to prevent flooding; Lakehaven Water &Sewer WAR045516 staff allowable 317th St. department District will be fining the leak. No - cleaned up City of Federal Way 05/03/2019 05/06/2019 05/06/2019 Pollution hotline before reached MS4 WAR045516 No - cleaned up City of Federal Way 05/07/2019 05/07/2019 05/07/2019 Staff referral before reached MS4 WAR045516 No - cleaned up City of Federal Way 05/13/2019 05/13/2019 05/13/2019 Pollution hotline before reached MS4 WAR045516 No - cleaned up City of Federal Way 05/13/2019 05/14/2019 05/15/2019 Pollution hotline before reached MS4 WAR045516 --_ - No - cleaned City of Federal Way 05/15/2019 05/15/2019 05/20/2019 Staff referral before reached MS4 WAR045516 ---- No - cleaned up City of Federal Way 05/17/2019 05/20/2019 05/20/2019 Staff referral before reached MS4 WAR045516 No - cleaned up City of Federal Way 05/20/2019 05/20/2019 05/20/2019 Staff referral before reached M54 WAR045516 Staff referral, Business No - cleaned up City of Federal Way WAR045516 05/31/2019 06/04/2019 07/02/2019 inspection before reached M54 City of Federal Way 06/10/2019 1 06/17/2019 06/17/2019 Staff referral No - none found WAR045516 - Page 2 of 8 2020 NPDES Annual Report Attachment 4 - Summary of IDDE Actions in 2019 City of Federal Way Page 3 of 8 Education/technic Lakehaven Water & Sewer District pump station had a Other al assistance, Add malfunction that caused a release of 31,500 gallons City of Federal Way Other agency referral, Yes- notified DOH and 35215 1st Ave 5 Federal Way Sewage/septage/pet accident/ Observation or modify of sewage into the West Hylebos Creek. Lakehaven WAR045516 06/15/2019 06/20/2019 06/16/2019 ERTS referral Ecology .waseuman t/hwaste spill operational provided Ecology with operational BMP updates to source control prevent further incidents of this nature, BMP No - cleaned City of Federal Way 06/17/2019 06/17/2019 06/17/2019 Staff referral before reached MS4 WAR045516 City of Federal Way WAR045516 06/18/2019 07/08/2019 07/16/2019 Staff referral No - none found City of Federal Way WARG45516 06/26/2019 06/26/2019 07/26/2019 Staff referral No - none found _ _ Clean-up, Observation, Education/technic Heavy rain event caused a large volume of turbid Map analysis, al assistance, Add discharges to impart the M54 from a large City of Federal Way 07/10/2019 07/12/2019 08/23/2019 Pollution hotline Yes -notified Ecology 31510 PETE VON Federal Way Sediment/soil Construction Analytical or modify construction project. City issued Notice of Water WAR045516 REICHBAUER WAYS activity Iaborators operational Quality Violation an BMP resources to contractor. indicators source control Cleanup followed. BMP Enforcement - cleaned up City of Federal Way 07/11/2019 07/11/2019 08/01/2019 Pollution hotline M before reached M54 before WAR045516 _ City of Federal Way WAR045516 07/12/2019 07/15/2019 07/23/2019 Other agency referral No - none found No - cleanedup City of Federal Way 07/16/2019 07/16/2019 07/16/2019 Pollution hotline M before reached M54 WAR045516 Staff did not notify Ecology due lack of discharges to Clean-up, M54 during initial months of source control Education/technic inspections and technical assistance. Once a small Il assistance, Add amount of grease was noted near the MS4, staff City of Federal Way 07/16/2019 07/16/2019 01/30/2020 Staff referral, Business Yes -did not notify 32805 Pacific Hwy S Federal Way Food -related Food -related Observation or modify issued a Notice of Water Quality Violation, and later a WAR045516 inspection oil/grease oil /g business structural source Notice of Water Quality Violation and Order to control BMP, Correct. Responsible party modified their restaurant's Enforcement greasetrap to preventfuture discharges and cleaned the impacted storm drain. City of Federal Way WAR045516 07/22/2019 07/22/2019 07/23/2019 Pollution hotline No - none found -- Clean-up, Education/technic Staff referral of track -out at the Corliss gravel lot. al assistance, Add Staff issued Notice of Water Quality Violation for Other or modify storm drains impacted with sediment and notified City of Federal Way 07/31/2019 08/01/2019 08/08/2019 Staff referral Yes - notified Ecology 35053 Enchanted Federal Way Sediment/soil commercial/in Observation operational source control Ecology ofongoing track -out issues with this party. WAR045516 Pkwy S dustrial Corliss cleaned out the impacted storm drains, activity BMP increased their sweeping schedule, and provided the Enforcement, City with a letter detailing their plans for long-term Referred to other BMPs to prevent further discharges. agency or department Staff referral, Business No - cleaned City of Federal Way 08/08/2019 08/13/2019 09/19/2019 WAR045516 inspection before reached MS4 City of Federal Way WAR045516 08/20/2019 08/20/2019 08/21/2019 Pollution hotline No - none found _.. No -cleaned up City of Federal Way 08/20/2019 08/20/2019 08/27/2019 Pollution hotline before reached MS4 WAR045516 Page 3 of 8 2020 NPDES Annual Report Attachment 4 - Summary of IDDE Actions in 2019 City of Federal Way Page 4 of 8 During a heavy rain event, open trenches for City's Education/technic storm pipe repair project overflowed and caused Observation, al assistance, Add turbid discharges into nearby storm drain and City of Federal Way Direct report to City Pipe off of 5 304th St Construction Analytical or modify downstream into Steel Lake. Staff issued a technical 08/21/2019 08/22/2019 09/17/2019 staff, Other agency Yes - did not notify to outfall 97 Federal Way Sediment/soil activity laboratory operational assistance Notice of Water Quality Violation letter, WAR045516 referral indicators source control and determined that attempting to clean up BMP sediment discharged to Steel Lake could cause more Enforcement harm than good to water quality. City of Federal Way 08/25/2019 08/26/2019 08/26/2019 ERTS referral I No -cleaned up before reached MS4 WAR045516 I City of Federal Way 08/26/2019 08/26/2019 08/26/2019 Other agency referral No - none found WAR045516 City of Federal Way _ WARD45516 08/26/2019 08/26/2019 08/26/2019 Staff referral No - none found No - cleaned up City of Federal Way 08/30/2019 09/03/2019 10/31/2019 ERTS referral WAR045516 before reached MS4 City of Federal Way 09/04/2019 09/04/2019 09/04/2019 Staff referral No - cleaned before reached MS4 WAR045516 Subcontractor on a street construction project hit a Clean-up, water main that caused a heavy flow of turbid City of Federal Way 09/05/2019 09/05/2019 09/11/2019 Pollution hotline, Staff Yes -notified Ecology SW 317th PI and 21st Federal Way Sediment/soil Construction Observation Education/technic discharges into the M54 and downstream to Lakota WAR045516 referral Ave SW activity al assistance, Creek. Subcontractor immediately cleaned out all Enforcement impacted roadway surfaces and the M54. City of Federal Way Pollution hotline, ERTS WAR045516 09/05/2019 09/06/2019 09/23/2019 referral No - none found City of Federal Way 09/09/2019 09/09/2019 09/30/2019 Pollution hotline No - cleaned up WAR045516 before reached MS4 City of Federal Way Direct report to City 09/09/2019 09/09/2019 09/09/2019 No -none found WAR045516 staff, Staff referral City of Federal Way 09/12/2019 09/12/2019 09/13/2019 Pollution hotline No -cleaned up WAR045516 before reached MS4 Clean-up, State Trooper submitted an ERTS report regarding a City of Federal Way Other agency referral, Mile Post 140 1-5 Fuel and/or vehicle Vehicle Referred to other vehicle accident that caused fuel to discharge into a 09/17/2019 09/17/2019 09/17/2019 yes -notified Ecology Federal Way Observation WAR045516 ERTS referral South related fluids collision agency or nearby ravine. Ecology dispatched internal staff for department spill response and remediation of discharges. City of Federal Way 09/17/2019 09/18/2019 09/18/2019 Staff referral No -cleaned up WAR045516 I I before reached MS4 I Page 4 of 8 2020 NPDES Annual Report Attachment 4 - Summary of IDDE Actions in 2019 City of Federal Way Page 5 of 8 Resident complained about sewage odor emanating from a pipe from the adjacent property that discharges into a small drainage ditch in the resident's backyard. City and DOH ruled out an illicit Observation, Clean-up, connection using dye testing, and after multiple Dye, smoke, or Education/technic bacteria tests (including bacterial DNA testing), City of Federal Way Yes -notified DOH and 28207 27th Ave S Federal Way wage/septage/pet Intentional pressure testing, al assistance, Enforcement, determined that the discharges are from dogfeces. g 09/23/2019 09/23/2019 09/24/2019 Pollution hotline Ecology (cross st Military) waste/human waste dumping Neighbor has multiple dogs penned up in his WAR045516 Analytical Referred to other backyard. Staff issued a Notice of Water Quality laboratory agency or Violation, and following noncompliance, a Notice of indicators department Water Quality Violation and Order to Correct. Deadline is still pending for compliance at this time. Fines will begin accruing after deadline if compliance is not yet achieved. No -cleaned up City of Federal Way 09/24/2019 09/26/2019 10/01/2019 Pollution hotline before reached MS4 WAR045516 City of Federal Way 09/25/2019 09/25/2019 10/07/2019 Pollution hotline, Direct No - none found WAR045516 report to City staff _ During another heavy rain event, open trenches for City's storm pipe repair project overflowed and caused turbid discharges into nearby storm drain and City of Federal Way Staff referral, Off 5 304th St, Federal Way Sediment/soil Construction Observation Education/technic downstream into Steel Lake. Staff conferred with 09/26/2019 09/27/2019 10/09/2019 Construction inspection Yes -notified Ecology Outfall Asset 1197 activity al assistance WDFW biologist to assess impact to lake water WAR045516 quality, and again determined that attempting to clean up sediment discharges could cause more damage. City Police Department passed on report of drywall Clean-up, wastewater dumping in residential neighborhood by City of Federal Way 09/30/2019 09/30/2019 10/15/2019 Direct report to City Yes -did not notify 2334 SW 341st PI Federal Way Other wastewater Intentional Observation Education/technic commercial truck. Staff issued Notice of Water Quality Violation for the few impacted storm drains, WAR045516 staff, Staff referral dumping al assistance, Enforcement and responsible party cleaned the drains and impacted roadway surface. City of Federal Way WAR045516 09/30/2019 09/30/2019 09/30/2019 Pollution hotline No - none found Clean-up, Staff referral of uncovered dirt pile in resident's front Education/technic yard due to small construction work being done. Staff al assistance, Add found a small amount of dirt had entered storm drain City of Federal Way 10/01/2019 10/02/2019 10/21/2019 Direct report to City Yes -did not notify 32246 8th Ave 5 Federal Way Sediment/soil Construction Observation or modify in front of the residence, and issued Notice of Water Quality Violation and technical assistance documents WAR045516 staff, Staff referral activity operational source control to homeowner, Homeowner cleaned out the BMP, impacted storm drain and stabilized his work site to Enforcement prevent any further discharges. City of Federal Way WAR045516 10/02/2019 10/02/2019 10/03/2019 Pollution hotline No - none found Resident's sewer line was impacted with tree roots Clean-up, and caused their sewer to back up and overflow into Education/technic the right-of-way and M54. City staff coordinated with al assistance, the homeowner and Lakehaven to ensure the sewer City of Federal Way 11/01/2019 11/01/2019 12/02/2019 Pollution hotline Yes -did not notify 31948 36th Ave SW Federal Way Sewage/septage/pe[ Other Observation Enforcement, line was repaired, and City staff placed a plug WAR045516 waste/human waste Referred to other downstream of the four impacted storm drains to agency or contain discharges. Staff issued a Notice of Water department Quality Violation and homeowner cleaned out all - impacted MS4 structures. Page 5 of 8 2020 NPDES Annual Report Attachment 4 - Summary of IDDE Actions in 2019 City of Federal Way Page 6 of 8 No - cleaned up City of Federal Way 11/02/2019 11/18/2019 11/18/2019 Pollution hotline before reached MS4 WAR045516 Staff referral, Business No - cleaned up City of Federal Way 11/06/2019 11/07/2019 11/14/2019 WAR045516 inspection before reached M54 No - cleaned City of Federal Way 11/07/2019 11/07/2019 11/07/2019 Staff referral before reached MS4 WAR045516 Clean-up, Education/technic al assistance, Add Staff referral of track -out at the Corliss gravel lot. or modify operational Staff contacted Ecology for enforcement assistance under their Industrial Permit, and issued a Notice of Other Observation, source control Water Quality Violation for storm drains impacted City of Federal Way 12/04/2019 12/04/2019 Ongoing Staff referral Yes -notified Ecology 1393 S 351ST 5T Federal Way Sediment/soil commercial/in Analytical BMP, Add or with sediment. Corliss cleaned out the impacted WAR045516 dustrial laboratory modify structural storm drains and is working to complete installing activity indicators source control pavement for both ingress/egress points to their lot BMP, as long-term BMP measures. City will close this issue Enforcement, once is in Referred to other pavement place. agency or department Clean-up, Education/technic During regular source control inspections, staff Observation, al assistance, Add observed major track -out into City's right-of-way City of Federal Way Staff referral, Business Construction Map analysis, or modify from large construction site that had impacted 12/04/2019 01/06/2020 01/27/2020 Yes -did not notify 35200 Pacific Hwy 5 Federal Way Sediment/soil Analytical catch basins. Staff issued Notice of Water WAR045516 inspection activity laboratory operational several source Control Quality Violation and contractor quickly cleaned up indicators BMP, the discharges to the right-of-way and M54. Enforcement During annual catch basin inspections, staff found Unconfirmed, what appeared to be some old paint discharges in City of Federal Way 12/09/2019 12/09/2019 01/06/2020 Staff referral, M54 Yes - did not notify SW 327th Stand Federal Way Paint unspecified, Observation Clean-up two storm drains, likely dumped illegally in the past. WAR045516 inspection or screening 39th Ave SW or not Staff issued work order for City's contracted vactor identified service provider to clean storm drains. No - cleaned up City of Federal Way 10/15/2019 10/15/2019 10/16/2019 other agency referral WAR045516 before reached MS4 takehaven Water & Sewer District pump station had a Other power outage that caused UV treatment of sewage to City of Federal Way Other agency referral, Yes -notified DOH and 3203 SW DASH Sewage/septage/pet Education/technic WAR045516 10/17/2019 10/21/2019 10/17/2019 ERTS referral Ecology POINT RD Federal Way waste/human waste accident/ spill Observation al assistance fail for one hour. Impact to surface waters determined to be minimal after conferring with Ecology, DOH, and WDFW. Construction worker submitted an ERTS report regarding overwhelmed BMPs that caused turbid discharges to enter the M54 Contractor immediately Clean-up, cleaned impacted structures and City construction City of Federal Way Pollution hotline, ERTS Construction Education/technic inspector confirmed that additional BMPs were in 10/18/2019 10/22/2019 10/31/2019 Yes -notified Ecology 32275 32nd ave s Federal Way Sediment/soil Observation WAR045S16 referral activity al assistance, place later that day to prevent further discharges. Enforcement Staff issued technical assistance and a Notice of Water Quality Violation as a formality to document the violation that occurred but had already been cleaned up. City of Federal Way 10/22/2019 10/23/2019 10/23/2019 Other agency referral I No - none found WAR045516 Page 6 of 8 2020 NPDES Annual Report Attachment 4 - Summary of IDDE Actions in 2019 City of Federal Way Page 7 of 8 Staff referral, Business No - cleaned City of Federal Way WAR045516 10/22/2019 01/09/2020 01/17/2020 inspection before reached MS4 While transporting pool finishing product from their truck, two workers accidentally spilled some of the product and it impacted two nearby storm drains in the M54. City staff utilized video inspection to ensure Clean-up, the discharges were not hardening into the MS4 City of Federal Way Landscape - Observation, Education/technic structures, and found no areas of concern. The 10/28/2019 10/28/2019 10/29/2019 Staff referral Yes - did not notify 28815 7th Ave S Federal Way Other related Other al assistance, workers cleaned up the discharges that day, and staff WAR045516 business Enforcement confirmed cleanup the following morning. Staff issued technical assistance and a Notice of Water Quality Violation as a formality to document the violation that occurred but had already been cleaned up. Staff referral, Business No - cleaned up City of Federal Way WAR045516 10/29/2019 01/06/2020 01/11/2020 inspection before reached M54 Staff referral, Business No -cleaned up City of Federal Way 10/31/2019 11/04/2019 11/26/2019 WAR045516 inspection before reached M54 Lakehaven Water & Sewer District became aware of a Other sewage backup that was overflowing into the right -of, City of Federal Way 11/14/2019 11/14/2019 11/14/2019 ERTS referral Yes -notified Ecology Pacific Hwy & S Federal Way Sewage pet accident/ Observation Clean-up way and into a nearby storm drain. They submitted WAR045516 340th SC waste/humanuman waste spill an ERTS and the City inspected the site and cleaned the impacted storm drain. No -cleaned up City of Federal Way 11/25/2019 11/25/2019 11/27/2019 Pollution hotline before reached MS4 WAR045516 No - cleaned up City of Federal Way 11/26/2019 11/26/2019 11/26/2019 Staff referral before reached MS4 WAR045516 Staff referral, Business No - cleaned up City of Federal Way 11/26/2019 11/27/2019 01/23/2020 WAR045516 inspection before reached MS4 Staff referral, Business No - cleaned up City of Federal Way 11/26/2019 11/27/2019 12/20/2019 inspection before reached MS4 WARD45516 No - cleaned up City of Federal Way 12/11/2019 12/11/2019 12/11/2019 Pollution hotline before reached M54 WAR045516 Staff referral, Business No - cleaned up City of Federal Way 12/12/2019 01/02/2020 01/02/2020 WARD45516 inspection before reached M54 Ongoing source control inspection site; grease and trash discharges have yet to reach MS4. Property Food -related owner has been sent technical assistance documents, City of Federal Way 12/12/2019 01/02/2020 Ongoing Staff referral, Business Other 3290115T AVE S Federal Way oil/grease, Solid Food -related Observation Education/technic and the site continues to be checked during source WAR045516 inspection waste/trash business al assistance control inspections to ensure no discharge to M54 and that BMPs are adopted to prevent future discharges. Staff referral, Business No -cleaned up City of Federal Way 12/17/2019 12/24/2019 01/16/2020 WAR045516 inspection before reached M54 Yes - allowable or SUR responded to an apartment fire and reported City of Federal Way 12/21/2019 12/24/2019 12/21/2019 Other agency referral conditionally 3300 SW 320th St I federal Way I Firefighting foam, Other Observation I Other using approximately 76,000 gallons of water to WAR045516 allowable Other sedate the fire. Page 7 of 8 2020 NPDES Annual Report Attachment 4 - Summary of IDDE Actions in 2019 City of Federal Way City of Federal Way 12/23/2019 12/24/2019 12/23/2019 ERTS referral No- cleaned up before reached M54 WAR045516 No - cleaned up City of Federal Way 12/27/2019 12/27/2019 12/27/2019 Staff referral before reached M54 WAR045516 City of Federal Way Yes - allowable or Firefighting foam g g , SUR responded to a house fire and used p 12/30/2019 01/02/2020 12/30/2019 Other agency referral conditionally 2026 SW 306 Ln Federal Way Other Other Observation Other approximately 50,000 gallons of water to sedate fire. WAR045516 allowable Page 8 of 8 s: CITY OF Attachment 5 - G20 Letter (Question #59a) r Cerlfere-j 017 0i?fJl7r'iL!f?lel+ January 22, 2020 Department of Ecology — NWRO Attn: Danielle DeVoe 3190 160th Ave. SE Bellevue, WA 98008 CITY HALL 33325 8th Avenue South Federal Way, \A1A 98003-6325 (253) 835-7000 www cityoffederalway, com Jim Ferrell, Mayor RE: G20 Notification Letter of Catch Basin. Maintenance Timeframe Noncompliance Dear Ms. DeVoe, Per the requirement stipulated in the NPDES Phase II Western Washington Municipal Stormwater Permit (Permit) (2019-2024) Section G20, the City of Federal Way (City) is hereby providing the Department of Ecology written notification that on January 14, 2020, Surface Water Management (SWM) Division staff became aware of noncompliance regarding the timeframe requirement for maintenance of catch basins in 2019. This noncompliance was discovered by SWM staff during the annual Catch .Basin Inspection Program review process. Per Permit requirement S5.C.7.a.ii, "when an inspection identifies an exceedance of the maintenance standard [as set forth in the City adopted 2016 King County &ormnlater Design Manual], maintenance shall be performed ... within six (6) months for catch basins." While required maintenance was completed for all catch basins exceeding the maintenance standard, we became aware during the annual review of the Catch Basin Inspection Program that this maintenance was not completed within the required timeline, as noted below: Circuit Inspections Cleaning Duration Exceedance Cam leted Completed Dumas Bay July 5, 2018 Sept. 4, 2019 14 months (426 days g months Hylebos Sept. 25, 2018 Aug. 29, 2019 1 l months (338 days) 5 months Lakota Aug. 28, 2018 Sept. 13, 2019 12.5 months (381 days) 6.5 months Upon review of the maintenance timeline exceedances outlined in the table above, SWM staff identified the following factors and circumstances that contributed to these exceedances: S .^ PDT'S•'ii lel 21 R,;!ro!t i iNA), cr'O 01 •.p� i :: 1' n,: , r i ''' ' 'il r!r ,:e ■ In 2019, the City contracted with a new vactor services provider to perform Permit - required catch basin maintenance. Separate task orders listing the catch basins needing to be cleaned in each of the above circuits was sent to the provider on January 16, 2019, with no response from the provider. The task orders also included time estimates for completing the cleaning within each circuit, all together totaling thirty (30) days of work. On January 22, 2019, SWM staff again contacted the provider and requested a schedule for the required cleaning actions, as required under the contract agreement. No response was received from the provider. Despite the time exceedances for completing catch basin maintenance within the Dumas Bay, Hylebos, and Lakota circuits, all catch basins that were identified as needing maintenance during the inspections in 2018 were cleaned in 2019, as required by the Permit. Moving forward, the City will take steps to prevent a reoccurrence of this noncompliance by: Issuing an RFB in 2020 for a new vactor services contract in line with City contracting standards, as the current contract for vactor services has been maxed out. This RFB will include tighter specifications for responsiveness of the service provider to ensure timely performance within Permit requirements; • Increasing City staff oversight of catch basin inspection and maintenance timelines provided by the vactor services provider to ensure maintenance is completed by the provider within the required six (6) month time period; and, • Proposing the purchase of a City -owned vactor truck in 2021 in accordance with the Surface Water Management Comprehensive Plan. The City -owned vactor truck will allow for a portion of the required catch basin maintenance to be completed in-house, thus facilitating the timely completion of all catch basin maintenance by both the City and the vactor services provider. Please let me know if you require additional information or have any questions. Regards, r EdNvard J. Walsh IV P.E. Public Works .Director City of Federal Way 33325 8t1i Ave. S. Federal Way, WA 98003 cc: Theresa Thurlow, P E., Surface Water Manager Ryan Thomns, S%VN1 Maintenance Crew Supervisor 1.c it Myhre, Wa(cr [Quality & NPDES Permit Program Coordinator Day File '.21119 24 Penni C\,:ic f:)ocu!r:, n s _i1 0 '�mii;; l R�p:ut'} T :\l, 29 t.;!!ei C:h iii.,U a :n ftp?"r:un 01_' -'.')Yl docs COUNCIL MEETING DATE: March 17, 2020 ITEM #: 5C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SWM Vactor and Infrastructure Maintenance Services contract — Bid Award POLICY QUESTION: Should the Council award the SWM Vactor and Infrastructure Maintenance Services contract to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 2, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business 0 Resolution ❑ Other STAFF REPORT BY: Theresa Thurlow, P.E. SWM Division Manager DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated March 2, 2020. Bid Summary Tabulation Options Considered: 1. Award the SWM Vactor and Infrastructure Maintenance Services contract to Action Services, the lowest responsive, responsible bidder, in the amount of $247,752.50 and authorize the Mayor to execute the contract. 2. Reject all bids for the SWM Vactor and Infrastructure Maintenance Services contract, direct staff to rebid the prgject and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 17, 2020 City Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: •Z.% �^i\ 12� C .inii[ co./F itipllU7tc InitinIfDRIC �IliildilDalC COMMITTEE RECOMMENDATION: I move to forward Option I to the March 17, 2020 consent agenda for approval. Mark Kap g, Committee Tait Hoag Tran, Co mittee Member Martin Committee Member PROPOSED COUNCIL MOTION: "Award the SWM Vactor and Infrastructure Maintenance Services contract to Action Services, the lowest responsive, responsible bidder, in the amount of $247,752.50 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 # CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2020 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Theresa Thurlow, P.E. Surface Water Manager SUBJECT: 2020 SWM Vactor and Infrastructure Maintenance Services Bid Award and 2020 Budget Adiustment Request FINANCIAL IMPACT: The approved SWM operational budget (401) for vactor services in 2020 is $229,434.00 and the lowest responsive bid is $247,752.50 per year, resulting in a budget shortfall of $18,318.50. Staff is requesting a budget adjustment of $18,318.50, which will be funded by the 2020 increase in the SWM utility rate charge. The 2020 increase has been identified as 2.3% which will result in a revenue increase of $94,993. Estimated Expenditures: 2019/2020 Approved Budget - Vactor Services $ 229,434.00 Proposed Bid Award $ 247,752.50 Total $ -18,318.50 Available Funding_ 2020 SWM Fees Revenue Increase BACKGROUND: 94,993.00 SWM staff were authorized to bid a surface water vactor and infrastructure maintenance services contract, with an annual option to extend the contract by mutual agreement of both parties for a total contract period of three years. Three bids were received and opened on February 18, 2020 for the SWM Vactor and Infrastructure Maintenance Contract. Please see attached Bid Tabulation Summary. The lowest, responsive, responsible bidder is Action Services Corporation with a corrected bid total of $247,752.50. Bid Tabulation Summary- SWM 2020 Vactor Services, RFB 20-003, Bid Opening Date: 02/18/2020 Bid #1 Bid #2 Bid #3 Item # Sec. # ITEM DESCRIPTION UNIT QTY. Nordvind Unit Price Cost Action Services Unit Price Cost Olson Bro (Pro -Vac) Unit Price Cost Eng. Estimate Unit Price Cost 1 Cleaning of Type 1 or 11- storm catch basin ea 1850 $55.00 101,750.00 $33.95 62,807.50 $40.94 75,739.00 $ 37.00 $ 68,450.00 2 Cleaning of Type II Storm Catch Basin or Manhole (48" Dia or greater) ea 500 $165.00 82,500.00 $44.50 22,250.00 $59.30 29,650.00 $ 45.00 $ 22,500.00 3 Cleaning of Underground Retention/Detention Facilities hr 155 $247.50 38,362.50 $180.00 27,900.00 $265.00 41,075.001 $ 185.00 $ 28,675.00 4 Jet Rodd/Pipe Cleanin /Culvert Cleaning (not root impacted) If 1 15000 $11.00 165,000.00 $0.50 7,500.00 $2.25 33,750.00 $ 0.75 $ 11,250.00 5 Jet Rodd/Pipe Cleaning/Culvert Cleaning (root impacted cutting) hr 150 $22.00 3,300.00 $180.00 27,000.00 $225.00 33,750.00 $ 187.00 $ 28,050.00 6 Hydro -excavating hr 24 $247.50 5,940.00 $180.00 4,320.00 $247.50 5,940.00 $ 187.00 $ 4,488.00 7 Traffic Control hr 100 $110.00 11,000.00 $50.00 5,000.00 $115.50 11,550.00 $ 125.00 $ 12,500.00 8 Emergency callout hr 10 $165.00 1,650.00 $180.00 1,800.00 $260.00 2,600.00 $ 210.00 $ 2,100.00 9 Disposal of vacuumed solids/spoils to 350 $200.75 70,262.50 $105.00 36,750.00 $70.00 24,500.00 $ 105.00 $ 36,750.00 10 Disposal of liquid decant gal 125000 $0.22 27,500.00 $0.31 38,750.00 $0.10 12,500.001 $ 0.31 $ 38,750.00 11 Drainage Infrastructure Video Inspections If 7500 $3.30 24,750.00 $0.49 3,675.00 $2.08 15,600.00 $ 0.50 $ 3,750.00 12 Reimburseable disposal of hazardous material $10,000 10,000.00 10,000.00 10,000.00 $ 10,000.00 Sales Tax NOT APPLICABLE 0.00 0.00 0.00 $0.00 Sub -Total - Sales Tax NOT APPLICABLE Total 542,015.00 $272527.75' 247,752.50 296,654.00 $ 267,263.00 Bid Form yes Bid document math error yes I yes Addendum Acknowledgement N/A N/A N/A Bid Schedule yes yes yes Bid Signature yes yes yes Bid Bond yes_ yes yes Subcontractor List N/A N/A N/A Combined Affidavit and Certification yes yes yes Contractor's Compliance Statement yes yes yes Law Compliance 'I yes yes yes FEWage Equipment and Driver list (less than 5 yr old; 3 min) I 1yes but min not met yes yes COUNCIL MEETING DATE: March 17, 2020 ITEM #: 5d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LEASE OF SWM PARCEL TO ACTIVE CONSTRUCTION INCORPORATED POLICY QUESTION: Should the Council approve the temporary lease of the SWM Parcel located at 29601 Pacific Highway South for use by Active Construction, Incorporated? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 2, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ ❑ City Council Business ❑ Resolution ❑ Public Hearing Other STAFF REPORT BY;. Theresa Thurlow, P.E., SWM Division Manager DEPT: Public Works Attachments: land (.lse and Transl)nrkltloll collllnittee memorandum dated March 2, 2020. ufvkl�l. 'vl� v Options Considered: JJ 1. Approve the temporary lease of the SWM Parcel located at 29601 Pacific Highway South for use by Active Construction Incorporated. 2. Do not authorize the temporary lease of the SWM Parcel located at 29601 Pacific Highway South for use by Active Construction Incorporated. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 17, 2020 City Council Consent Agenda for approval. MAYOR APPROVAL: Committee Initial/Date C- r DIRECTOR APPROVAL: `7' Z `h Itx�Zc7 Council ilial/Date In itial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 17, 2020 consent agenda for approval. Hoang Tran, Committee Member Martin Moore, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to temporarily lease the SWM Parcel located at 29601 Pacific Highway South for use by Active Construction Incorporated. " (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 # CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2020 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Director of Public Works Z _ jf.�,��� Theresa Thurlow, P.E., Surface Water Division Manager SUBJECT: Lease of SWM Parcel to Active Construction, Incorporated Financial Impacts: Lease of the SWM parcel for three months will result in $1,656 revenue to the SWM Operational (401) account. BacklZround Information: Surface Water Management Division owns a parcel in the City of Federal Way located at 29601 Pacific Highway South and legally described as King County Parcel #0421049200. A portion of this parcel contains underground detention facilities and the remainder of the parcel is an open space primarily consisting of compacted soil and gravel. Active Construction, Incorporated (ACI) was awarded the South Dash Point Roadway Improvement project February 2020 and will be starting construction in March. ACI has requested use of SWM's property, which is close to the work site, for the storage of material and equipment, from March 19, 2020 to June 19, 2020. Public Works does not require the use of the open enclosed area, shown in Exhibit A, during this time and SWM has leased this property for a similar purpose in 2018. At that time, the parcel was leased at a rate of $500/month for a period of eight months. Applying 2019 and 2020 CPI to this rate, the proposed lease rate is $552/month. SWM staff requests authorization to enter into a temporary lease of the SWM Parcel located at 29601 Pacific Highway South at $552/month for a period of three months for use by Active Construction, Incorporated. Rev. 6/2019 PARKING LEASE THIS PARKING LEASE (the "Lease") is entered into this day of 2020 by and between the City of Federal Way, a Washington municipal corporation ("Landlord"), and Active Construction, Inc. a Washington State corporation. ("Tenant"). RECITALS A. Landlord is the owner of that certain improved parcel of real property located in the City of Federal Way, King County, Washington commonly known as SWM Storage off of Dash Point, located at 29601 Pacific Highway South and legally described as King County Parcel #0421049200. B. Landlord wishes to lease to Tenant and Tenant wishes to lease from Landlord the enclosed area as shown in Exhibit A at the Property as described and under the terms and conditions set forth in this Lease. AGREEMENT 1. Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord an enclosed area located at the Property in the locations depicted on the attached Exhibit A (the "Premises"). Landlord also grants to Tenant and its agents, employees, consultants, and invitees a non-exclusive lease for vehicular and pedestrian ingress, egress, and access over, upon, across, and through the Property for the benefit of the Premises. This lease shall terminate automatically at the expiration or earlier termination of the Lease. 2. Term. The term of this Lease shall commence on the date entered above, and shall terminate on June 30, 2020. 3. Rent. Tenant shall pay a one-time rental fee in the amount of $1,656.00. Tenant shall pay the Rent within 14 days of the date entered above. Should Tenant fail to pay the one-time rental fee within the 14 day period, this lease shall terminate automatically. The parties agree that said payment is complete and full and that no further amount shall be due for any normal wear accruing to the Premises. 4. Use of Premises. The Premises shall be used for material storage, equipment and vehicle parking by Tenant and its agents, employees, consultants, and invitees and for no other purpose without Landlord's prior written consent. Tenant shall not create or maintain on the Premises any nuisance or in any way violate generally applicable laws, ordinances, and public regulations now or hereafter in effect. Tenant agrees to keep the area above the underground storage tanks as shown in Exhibit A, labeled as "No Parking Area," clear of all material, equipment, and vehicle parking. 5. Access and Use. Tenant shall have the right to use the Premises from Monday through Saturday. Landlord reserves the ability to make other uses of the Premises that do not interfere with Tenant's use. 6. Liens and Improvements. Tenant shall not permit any mechanic's or materialmen's liens of any kind to be enforced against the Premises for any work done or materials furnished thereon at the request of or on behalf of Tenant. Condition of Premises. Tenant accepts the Premises "as -is." 8. Maintenance and Repairs. Landlord shall not be responsible for any costs associated with cleaning, maintaining, and repairing the Premises. 9. Accidcn►ti and LNiiiilIt.\, insut-ance. Landlord, its elected officials, officers, employees, agents, and volunteers shall not be liable for any injury or damage to persons or property sustained by Tenant or Tenant's invitees in and about the Premises or Property, except to the extent such injury or damage is caused by Landlord's or its elected officials', officers', employees', agents', or volunteers' negligence or breach of this Lease. Tenant agrees to indemnify, defend and hold Landlord and its elected officials, officers, employees, agents, and volunteers harmless from any claim, action, expenses, costs, fees (including attorneys' fees) and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Premises, or for damages to property or injury to persons suffered or alleged to be suffered on the Property resulting from Tenant's negligence or breach of this Lease, except to the extent caused by Landlord's negligence or breach of this Lease. Tenant shall maintain commercially reasonable liability insurance on the Premises and to name the City as an additional insured. 10. Successors and Assigns. This Lease and each of the terms, provisions, conditions, and covenants hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 11. Notices. All notices hereunder shall be in writing and shall be delivered personally, by certified or registered mail, by facsimile or by recognized overnight courier addressed as follows: If to Tenant: Active Construction Incorporated Attention: Zach Gustafson P.O. Box 430 Puyallup, WA 98371 If to Landlord: City of Federal Way Attention: EJ Walsh, Public Works Director 33325 8th Avenue South Federal Way, WA 98003-6325 12. Governmental Chaff. Landlord shall indemnify and save Tenant harmless from any taxes, assessments or governmental charges of any kind which may be levied against the Premises. 13. Subrogation Waiver. Each of Landlord and Tenant release and relieve the other and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils described in standard fire insurance policies and all perils described in the "Extended Coverage" insurance endorsement approved for use in Washington state, that occurs in, on, or about the Premises or Property, whether due to the negligence of either party, their agents, employees, or otherwise. 14. Entire A rg eement. This document contains the entire agreement between the parties and supersedes all other statements or understandings between the parties. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the date herein set forth. [Signature Pages Follow] LANDLORD: By: EJ Walsh Its: Public Works Director Date: STATE OF WASHINGTON ) ss. COUNTY OF ) TENANT: By: David Ceccanti Its: President Date: I certify that I know or have satisfactory evidence that i,,, the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the ProjecF_ of Active Construction Incorporated to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public in and for the State of Washington Residing at Printed Name My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that EJ Walsh is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Public Warks Director of the City of Federal Way to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public in and for the State of Washington Residing at Printed Name My appointment expires TEMPORARY LAYDOWN AREA FOR ACI EXHIBIT LOCATION MAP COUNCIL MEETING DATE: March 17, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA DILL SUBJECT: 2020 ASPHALT OVERLAY PROJECT BID AWARD ITEM #: 5e POLICY QUESTION: Should the Council award the 2020 Asphalt Overlay Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 2, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other DEPT: Public Works STAFF REPORT BY: John Cole.,. C�Ilattal Engineer �. _ Attachments: 1..,1n�l Use and Transportation Committee memorandum dated r i March 2, 2020. V, Options Consic ereds 1. Award all schedules for the 2020 Asphalt Overlay Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of $2,183,610 and approve a 5% contingency of $109,180 plus supplemental "Ridge" work of $180,000 for a total of $2,472,790 and authorize the Mayor to execute the contract. 2. Reject all bids for the 2020 Asphalt Overlay Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 17, 2020 City Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: 'L ZgIZA Ca "t Council llial: Date Initiall Initial/Date COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the March 17, 2020 City Council consent agenda for approval. r Mark KopKa6g, Commit!se Martin Mook, Committee Hoang Tran, Committee Member Chair Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award all schedules of the 2020 Asphalt Overlay Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of $2,183,610 and approve a 5% contingency of $109,180 plus supplemental "Ridge" work of $180,000 for a total of $2,472,790 and authorize theAtayor to (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2020 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Pulp! is Works Diircctor John Cole, Capital Eii< weer SUBJECT: 2020 Asphalt Overlay Project - Bid Award FINANCIAL IMPACTS: The cost to the City for the 2020 Asphalt Overlay Project was included within the approved budget under the Public Works Department Arterial Street Fund (Fund 102). In accordance with the approved budget, this item is funded by fuel tax revenue. Upon completion of the 2020 Asphalt Overlay Project, no other ongoing costs are anticipated. BACKGROUND: Four bids were received and opened on February 19, 2020 for the 2020 Asphalt Overlay Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Miles Resources, LLC, with a total bid of $2,183,610. AVAILABLE FUNDING: The available budget for the 2020 Asphalt Overlay Project is $2,746,163 and is comprised of the following: • Motor Vehicle Fuel Tax (Fund 102) $530,000 • Real Estate Excise Tax $1,013,000 • Carry Forward from 2019 Asphalt Overlay Project $36,184 • The Ridge (funded) $585,898 • PSE Joint Construction Agreement (reimbursed) $381,081 • Schedule G - TIB Grant for Complete Streets $100,000 • Schedule G - Traffic Impact Fees for Complete Streets $100,000 • TOTAL FUNDING AVAILABLE $2,746,163 K:ACAPITAL PROIECTS'Progranuncd\520 - Ovcrlay2020A08 LUTC R COUNCIL\APPROVAL TO AWARD ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the low bid: SCHEDULE DESCRIPTION AMOUNT A S312 th St (Pacific Hwy S to 13`h Ave S) $ 280,531 B Hoyt Rd SW (S 326th St to S 320th St) $ 319,053 C 1st Ave S (S 3015 St to City Limit) $ 449,455 D Pete von Reichbauer Way S (S 320th St to S 316th St) $ 380,345 E Pete von Reichbauer Way S (S 316th St to S 312th St) $ 282,281 F The Ridge $ 237,424 G S320 th St and Pacific Hwy S $ 190,154 H S316 th St Crosswalk $ 44,368 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $2,183,610 Supplemental "Ridge" Work $ 180,000 Construction Contingency (5%) $ 109,180 In-house Design and Construction Administration $ 266,940 ESTIMATED TOTAL PROGRAM COST. $2,739,730 Staff recommends awarding all schedules of the 2020 Asphalt Overlay Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of $2,183,610 and approve a 5% contingency of $109,180 plus supplemental "Ridge" work of $180,000 for a total of $2,472,790 and authorize the Mayor to execute the contract. K:vCAPITAL PROJECTS\Programmed\520 - Overlay2020\08 LUTC K COUNCIUAPPROVAL TO AWARD 2020 ASPHALT OVERLAY PROJECT RFB No. 20-001 BID OPENING DATE: February 19, 2020 Vendor Name ---> Location ----------> 1 LS Bid 1 Miles $39.000.00 Hid 2 Tucci & Sons Bid 3 ICON $58,30000 Bid 4 Lakiside $62,000.00 Engineer Estimate 543.301.23 item Amount Unit Price Total Price Total Price Total Price Total Price Total - SCHEDULEA-312th t(acific Hwy Sto8thAveS) 3 Odter Traffic C,LiLrul L -'.;or 50 HR $75.00 $3.750.00 $82.DD $4,100.00 $65.00 $3,250.00 $6500 $3,250.00 $6900 1 Mobilization 1 LS 542.000.00 $42.000.00 W.000.00 $65.000-00 $66,200-00 $66,200-00 1i r"f.GDi! 00 $72,000.00 $40,940,05 $40,940.05 2 Flaaaers 420 HR $59.00 $24.780.00 $76.50 $32.130-00 $65-00 $27,30000 565.70 $27,300-00 $65.00 $27,300.00 3 i,iiu•r :rally font€uI Lrlror 30 HR 5;5.00 $2.25000 $82.00 $2460.00 $65-00 $1,950.00 565.00 $1,950.00 SK00 $2,07090 4 + 1U C':n� t n ,�,i inrd }' ,1 c r rll'ii,.: r 1 FA $5,400-00 $5,400-00 $5,400.00 $5,400.00 $5,400.00 $5,400.00 55,400-00 $5.400-00 $5.400.00 $5,400.00 5„u?:u.mr.[5r':[s• 'iaa 1 64 SF 525.00 $1.600-00 $25.00 $1,600-60 $25-00 $1,600-00 $50.00 $3,200.00 525,00 $1,600-00 - -- 6' :1 - .ihhr +,i :r.ih:,1 tii�n 22 DAY S80.00 $1.760.00 $95.00 $2,090.00 $60.00 $1,32000 $100-00 $2,20090 59500 $2,090.00 7 A,pl-Al Conc. Pavement ti:m=:umnn 154 LF S2.00 $308.00 $3-50 $53900 $4.00 $616.00 $4-00 $616.00 54,00 $616.00 S 1. :mens f'•:nr,:. NdnCunrc" 340 LF $2.00 $680.00 $4.50 $1,530.00 $6.50 $2,210.00 $4.00 $1,360.00 55.00 $1,700.00 9 1eeu:o�A n[ entcau [ 011: 1 r.df n Curb 493 LF S5-00 $2,465.00 $4.50 $2,218-50 $4:20 $2,070.60 $30.00 $14,790.00 $23.00 $11,339.00 10 Ticrnaval ofCcment t ,•uc 'ii11 h:dk _ 62 SY $20.00 $1.240.00 $10.00 $620-00 $50-00 $3,100.00 $69.00 $4,278.00 S80.00 $4.960.00 11 Removal of Cement Conc Curb and Gutter 63 LF $20.00 $1.260.00 $10.00 $630,00 $35.00 $2,205.00 $35.00 $2,205-00 S5600 $3,528.00 12 Ro:nh.dv Es sr.,u,:a II:CI. Haul 76 CY $167,00 $12,69200 $250.00 $19.000.00 $190.00 $14,440.00 $140,00 $10,640.00 5165.00 $12,540.00 13 11 Bilin i us Paw=nt 3 215 SY 51-10 $14,146.00 $5.00 $16,075-00 $6.50 $20.897.50 $7.40 $23,791.00 $5.75 18,486.25 k, 14 HMA ass 1/ U 17 Utility Adjustment Id EA $800-00 $11.200.00 $750.00 7. $450,00- 56,3000(] $475.00 $6,650.00 5 TW 15 11 MA Class 1/2" PG 58H-22 for Pavement Re air 155 TN SlhO.00 $24.80000 $16000 $24.800.00 $172.00 $26,660.00 $125.00 $19,37500 5175.00 $27,125.00 16C,1du:_+ Manholc 4 EA 5950.00 _ $3,800-00 $1,000-00 $4,000.00 $550.00 $2.200-00 $495.00 $1,980.00 S70106 $2,800-00 1711;nIIt, AdiuMRIC nt 19 EA 5800.00. $15,200.00 $750.00 $14,250-00 $450,00 $8,55090 $475.00 $9,025.00 51,000.00 $19.000.00 18'.'�,•,l l,,•r-n.i„+:,oil 9 SY 5100-00 $900.00 5400.00 $3,600.00 $200.00 $1,80000 $175.00 $1,575.00 $120.00 $1.08000 19 iC cjr: ,:! t' !r. i- :ire a11,1 <?cnr€ 63 LF $45-00 $2,835-00 $70.00 $4,410.06 $33.00 $2,07900 $65.00 $4,095.00 5100.00 $6,300.00 20 1 i'!+nva 1.1,•.11u;:i,lrL LL , 30 LF $25.00 $750.00 $27.50 $825.00 $26.00 $840.00 $25.00 $750.00 $56.00 $1.680.00 a r :.!:•! D I 1 .i it i mil mo. i,IC' !rh 463 LF S_15-06 $11,575.00 $27.50 $12.732.50 $28.001 $12,964,00 $25-00 $11,575.00 $35.00 $16,20500 22 P21 .1;11 u; M.,i 4,,-r I •: •L 1 HUND $;5t3-00 $550.00 $600001 $600.00 $600.00 $600-00 $550.0[] $550-00 $908.00 $908.00 23 liedraiii alarkor, I `_B 4 EA 560.00 $240.00 $65.00 $260-00 $6600 $264.00 $60.00 $240-00 525.00 $100.00 24 Cement Cone. Sidewalk 62 SY $100.00 $6.200.00 $85-00 $5,270.00 $4400 $2,728-00 $100.00 $6.200-00 S95-00 $5,890.00 lg, C,irn;:nr ('nnr- Curb Ram 1`e. ,e Pw:r ilcl A 2 EA S4.300,00 $8,600.00 $4.85000 $9,700.00 $5.800.130 $11,600,00 $4,500-00 $9.00000 $6.000.00 $12,000.00 2v I'�iwnr [.:x+ Curb Pan)], I v rC Pe-s+dindaF ' EA 54,300.00 $8,60000 $5.900.00 $11,800,00 $5.350.00 $10,700.00 4800 $9.60000 ]b oiii! iii} $12,000.00 27 Ccsm_n; t c:i, Curb Rntlip 't : incur Direction 2 EA $7,300-00 $8,600.00 $5,700-00 $11.400.00 $5,800.00 $11,600.00 5000 $10.00000 k.':,a0t: !!ll $12,000.00 28 4.GIiw ( zF �, n ,,'111, MN -1A C'i,aun.t 17 SF 5100.00 $1,700.00 $85.00 $1,445.00 $24.00 $408.00 48 $816.00 51!11' !IIi $1,700 -OD [9! [2�r,nrv�•e dn,! kc ala: F'eJatrisn P.!sl+ fiuiton l EA $3,000.00 $3,000.00 $3,000.00 $3.000.00 $2 750.00 $2,750.00 2500 $2.500 00 $3.000-00 $3,000.00 30.[1'7 )A1 [19-3111Sie3a.,ad P,ss! 1 LS $40000 $400.00 $82500 $825.00 $800.00 $800.00 1000 $1.00000 $500.00 $500-00 31';Profled Plastic Line 1,670 LF 52.20 $3,674.00 $2,401 $4,008.00 $2.40 $4.008.00 22 $3.674.00 $2,60 $4,342-00 3e. :'raiiLd N:alic Wide Line.; 502 LF 53.00 $2.51000 $6-50 $2,761.00 $5.50 $2,76100 5 $2.510.00 $6.10 $3,062..20 _. 33 Pi:,ilir+ as;;ualk Line 680I LF 55.00 $3.40000 S5.501 $3,740.00 $5.50 $3,740.00 5 $3.40000 SS.fiO $3.808-00 34 Vm.,[w Silip line 102 LF 58-00 $81600 $8.75 $892.50 $9.00 $918.00 8 $816.00 $10.25 $1,045-50 35 PlasticTrat%c Arrow 4 EA Slf}6d10 $900.00 $12500 $1,125.00 $110.00 $990.00 100 $900.00 $156.00 $1,4D4.00 SU BTOTAL SC HED U LE A F90,531.00 SCHEDULE B - Hoyt Tel SW (SW 326th to SW 320th St) 1 Mobilization 1 LS $39.000.00 $39.000.00 $35,000-00 $35,000.00 $58,30000 $58,300.00 $62,000.00 $62,000.00 543.301.23 $43.301 23 2 Fla gers 520 HR $59.00 $36.580.00 576:50 $47,430.00 $65-00 $40,300.00 $65.00 $40,300.00 $65-00 $40,30000 3 Odter Traffic C,LiLrul L -'.;or 50 HR $75.00 $3.750.00 $82.DD $4,100.00 $65.00 $3,250.00 $6500 $3,250.00 $6900 S3,45000 4 Off Duty Uniformed Police Officer I FA $3,800.00 $3.800.00 $3,800.00 $3,800.00 $3,800.00 $3,W0 $3,800.00 $3,800.00 S3.80000 $3,800-00 5 Portable Changeable Message Sign 30 DAY $8000 $2,400.00 $95.00 $2,850.00 $6090 $1,800.00 $100.00 $3,000.00 $9500 $2.850-00 6 Roadside Cleanup I FA $2,000-00 $2000.00 $2.000.00 $2,000.00 $2,000-00 $2,000-00 $2,000.00 $2,000.00 $2,000.00 $2,000-00 7 Asphalt Cone. Pavement Sawcutting 64 LF $2.001 $128.00 $3.50 $224.00 $4-00 $256.00j 54.00 $256.001 $4.00 $256-00 8 1 Cement Conc. Sawcuttin 69 LF $ZOO $138.00 $4.50 $310-50 $6.50 $448-60 54.00 $276.00 55.00 $345.00 9 Ruad ksc:.:atSunIncl, Haul 105 CY $162.00 $17,010.00 $250,00 $26250.00 $190-00 $19,95000 $175.00 $18,37500 $165.00 $17,325.00 10 Maintenance Rock for Shoulder Reconstruction, Incl. Haul 110 TN $60-00 $6,600.00 $60x10 $6.600.00 $52.00 $5,720.00 $110.00 $12,100.00 $80.00 $8,800.00 11 19aainc B:Lurmnou,Pavemcnl 1,790 SY $6.15 $11.008.50 $5.00 $8,950.00 $6-50 $11,635.00 $11-25 $20,137.50 $5.75 $10,292.50 12 I1.m1 I ha I: _", PG 581.4-22 L320 TN $84.50 $111.54000 $96.00 $126,720.00 $87,00 $114.840.00 $100-00 $132,000-00 590.00 $118,600.00 13 11 t 1::Ss lit" PG 58H-22 for Pavement Repair 215 TN $140.00 $30.100.00 $130.00 $27,950.00 _ $17200 $36,980.00 $125.00 $26.875.00 5175.00 $37,625.00 14 Crack Sealing 1 FA 1 $3,00000 $3.00000 $3,000.00 $3.000.00 $3,000.00 $3,000.00 $3,000.00 $3.000.00 $3,000.00 $3,000.00 15Adib,lMCiiroie 2 EA $80000 $1,600.00 $11000.00 $2,000.00 $550.00 91i,1D0.00. $495.00 $990.00 $950.00 $1,900 -OD 15 Adjust Catch Basin 4 EA $1.00000 $4.000.00 $750-00 $3,000.00 $550.00 60 00 $495.00 $1,980-00 $950.00 $3,600-00 17 Utility Adjustment Id EA $800-00 $11.200.00 $750.00 $10,500.00 $450,00- 56,3000(] $475.00 $6,650.00 $1.000.00 514,000.00 18 1 Sod Lawn, Incl. 4In To soil 19 Raised Pavement Marker, T 2 3 3 SY HUND $100.00 $550-00 $300.00 $1,650-00 5400.00 $600,00 $1.200.00 $1,800-00. $200.00' $600.D0' $6[+7.6:1 :=1,x(76 OC7 $175.00 $550.00 $525.00 $1.650.00 $120.00 5900-00 5360-00 $2,700.00 20 Hydrant Marker. Type 2B 2 EA $60.00 $120.00 $65.00 $130.00 $66 00 I `sv0 00 $120.00 $25.00 $5Q-00 Page 1 of 6 2020 ASPHALT OVERLAY PROJECT RFB No. 20-001 BID OPENING DATE: February 19, 2020 Vendor Name ---> Location ----------> _F Sid 1 Miles Bid 2 Tucci 8 Sons Bid 3 ICON Bid 4 Lakiside Engineer Estimate Item I Amount Unit Price Total Price Total Price Total Price Total Price Total 71 Adiust Monument Case & Cover 5 EA $500.00 $2.500.00 $1.000.00 $5.000 00 $450.00 IIL3.250.00 385.00 $1,92500 $2,900,00 22 Cement Conc. Curb Ramp Type Parallel A 1 EA $650000 $6,500.00 $5.50000 $5,500.00 $5„800.00 85.800.00 $4.500.00 $4,506 01) 56.000 00 $6,000.00 23 Cement Conc. Curb Ramp Type Single Direction I EA $6.50000 $6.50000 $8,000.00 $8,000,00 $5,800.00 :5,800 00 56,500.00 56.50D 00 ktu i++i: 1 1? $6,000.00 24 Painted Bicycle Lane Symbol I EA $150.00 $150.00 $165:00. $165.00 $165.00 s 1C-5 00 $150,00 $15000 S Ibo.'A $160-00 25 Profiled Plastic Line 26 Plastic Ede Line 4,262 4207. LF LF $2.20 $1.40 $9,376.40 $5,889.80 $2.40 $1.50 $10,226.80 $6,310.50 $2.40 $1.50 $10.2:5 Fo I $f+.310.50 $Z.20 51.40 $9.37640 Sri 889 80 S2,(W $?.14 $11,081.20 59,002.98 27 Profiled Plastic Wide Line _ ''76 LF $5-00 $1,380.00. $5.50 $1,518.00 $5.50 $1.51800 55.00 31 380 001 56.11) $1.683.60 28 Plastic Crosswalk Line 100 LF $5.00 $500-00 $5-50 $550-00 $5-50 $550.00 55.00 ^0:00 55.60 $560.00 29 Plastic Stop Line 29 LF $8.00 $232.00 $8.75 $253.75 $9.00 5'_'6 L00 58.00 _,232 00 51025 $29725 30 Plastic Traffic Arrow 1 EA $100.00 $100.00 $125.Do $12500 $110.001 $ I 10.00i $100-00 S156.00 $156.00 SUBTOTAL SCHEDULE 8 $319.052.101 $351,465.55 $347,404.80 $369,837.70 $352,795.76 1st Ave S (SW 301st St to City limits) 1 Mobilization I LS $64,000.00 $64,000.00 $50,000.00 $50,000,00 $63,400.00 $63,40000 Q85,C00.00 S890050[ 5r, [T-!:'0 $61 071 20 2 Fingers 770 HR $59-00 $45,430-00 $76.50 $56,905-00 $65,00 $50,050 [10 ;rc)5 00 550.050 00' ti1'5 ai? $50,05002 3 Other Traffic Control Labor 50 HR $75.00 $3.750.00 $82.00 $4,100.00 $65.00 53,250.00 S6500 $3,25000 N'('' % 1N 53 450 0^ 4 Off Duty Uniformed Police Officer 1 FA $3,600.00 $3,600.00 $3,600.00 $3,600.00 $3,_600.00 53. U0 00i)53.60111 00 $3.000 00 S" -f)1:0 -+.i)!:i;.i 5 Portable Changeable Message Sin 32 DAY _ $80.00 $2.56000 $95.00 $3,040-00 $60.00 $1.92000 $10000 $320000 +95 00 $3.040-00 6 Roadside Cleanup 1 FA $2,000.00 $2,000.00 $2.0D0.00 $2.000.00 $2.000.00 S2.000,OU $2,00{31-_10 $2,UU0 UO 8_'.001).00 $2,000.00 7 Asphalt Conc. Pavement Sawcuttin 141 LF $2.00 $28200 $3.50 $493.50 $4.00 s6(v, 02 5,4 0:; 5564.00 S4.U0 $564.10 8 Cement Cone, Sawcuttine 135 1 LF $2.00 $270.00 $4.50 $607.50 $650 $87750 $400 $54000 55.00 $675.00 9 Removal of Mountable Cement Conc. Curb 273 1 LF $8.00 $2,184.00 $6.50 $1.774.50 $420 $-.146.60 $15 010 $4.095 00 $0 } 00 $6,279.00 10 Removal of Cement Cone. Sidewalk _ 15 SY $20.00 $300.00 $10.00 $150.00 $50.00 5750.00 $6�t.00 $1.10'.5 00 53ti')t1 $1,200.00 11 Removal of Cement Conc. Curb and Gutter 18 LF $20.00 $360.00 $10.00 $180.00 $3500 51130.00 $3500 $63000 SSi, r i $1,008.00 12 Roadway Excavation Incl. Haul 133 Cy $140.00 $18-620.00 $300.00 $39.900.00 $19000 $25.27000 $140.00 U 1 b, :„il 00 5165 , i;1 $21,945,00 13 Maintenance Rock for Shoulder Reconstruction. Incl. Haul 70 TN $7500 $5,250.00 $60.00 $4200.00 $52.00 $3 041:.00 $10000 $7.00000 S75 111 $5,250.00 14 Planing Bituminous Pavement 2224 SY $525 $11.676.00 S5.001 $11,120.00 $1200 52b 1 66 C,U $12.00 $26,68800 S5 7� $12,788.00 15 HMA Class 1/2" PG 5814-22 1,795 TN $85.00 $152,575.00 $80.00 $143.600.00 $8700 $156.165 00 $100.00 $179,500.00 `.�)i 0: $161,550.00 16 HMA Class 1/2" PG 58H-22 for - Pavement Re air 275 TN $130-00 $35,750.00 $175.00 $48,125.00 $17200 $41 3L•O.001 $125.00 $34,375.00 Si 75 e)!, $48,125.00 17 Crack Sealing 1 FA $3,000.00 $3,000.00 $3,000.00 $3,000.00 53,0:10 ;:0 $ GO.ou 1 $3,000.00 $3,00000 3= PflL' :ni $5;000.00 18 Adust Manhole 7 EA $950.00 $6,650.00 $1,000.00 $7,00000 $55000 ;13 E50.t101 $495.00 $3,465 00 57aa 1 $4,900:00 19 Adjust Catch Basin 20 EA $1,000-00 $20,000.00 $750-00 $15,000.00 $550.00 S11 000 001 5495.00 $9.900.00 51011 •1i+ ::14,000.00 20 Uti1i Ad'ustment 25 EA $800.00 $20.000.00 $500.00 $12,500.00 $45000 5.1, 50.001 $475.00 51'.87500 sl..i!]l.[il] $25,000.00 21 So Lawn, lnc . 41n o soi 6 SY $100.00 600.00 400-W $2,400.00 $200.00 51 UO L'Oi $175.00 51.050,00 :165,1 Q 990.00 2 Cement Conc. Cur and Gutter } 8 LF' 500 $810 00 70.00 1,260.0 $33.00 z 504.00; $65.00 S ; t 70 00 ti l i al illi $1,80000 23 Mountable Cement Conc. Curb 273 LF $2000 $5,460-00 $25-00 $6,825.00 $20.00 $6.4IccioOl $18.50 $41.05050 S7i,'in $5,460.00 24 Raised Pavement Marker, Type2 3 HUND $550.00 $1.650.00 $600.00 $1,800.00 $600.00 $1 F00.001 $550.00 S1,650.UG X0!111 111 $2,700.00 25 Hydrant Marker, Type 213 4 EA $60,00 $240.00 $65.00 $260.00 $66.00 SP54.0U $60.00 5240.00 5.'. fii} $100.00 26 Adjust Monument Case &Cover 6 EA $500.00 $3,000.00 $1,000.00 $6,000.00 $450.00 $270000 $385.00 $2,310.00 S St)'a0 $3,480.00 27 Cement Conc. Sidewalk 15 SY $200.00 $3,000.00 $85.00 $1,275.00 $44.00 $Ge0.U0 $100.00 $1,500.00 ,1 L' tlii $1,680.00 28 Cement Conc. Curb Ramp Type Parallel A 4 EA $4.300.00 $17.200.00 $6.000.00 $24,000.00 $5,800.00 $23,?00 00 $4,550.00 $18,200-00 56,0+]i} iu= $24,000.00 29 Profiled Plastic Line 5,'_66 LF $2.20 $11.585 20 $2 40 $12,638.40 $2.40 $1L'.G33.40 $2.20 $11.585.20 5'_.[•1 $13,691.60 30 Plastic Edge Line 5.466 LF $1.40 $7,652.40 $1,50 $8.199.00 $1.50 $8,199 00 $1.40 $7,652.40 5_' 1 $11,697.24 BT TAL HEDULE C $449,454.60 $473.952.90 73.066.50 $502.795.101 $497,094.0 SC H O ULE D - PVRIZOth Ave S (S 320th 5t to 5 316th St) 1 Mobilization I LS $49,000.00 $49000.00 $25,000.00 $25,000.00 $58,400.00 558.40000 $75,000.00 $75,000.00 S49.'0� 54 $49,208.54 2 Fla ers and Spotters 450 HR $59.00 $26.550.00 $16.50 $34,425.00 $65-00 $29,250.00 $65.00 $29,250.00 565.00 $29,250,00 3 Other Traffic Control Labor 50 HR $75.00 $3.750.00 $82.00 $4,100.00 $65.00 $3,250.00 $65.00 $3,250-00 '+69 50 $3,475.00 4 Off Duty Uniformed Police Officer I FA $5.000.00 $5.000.00 $5,000.00 $5,000.00 $5,00000 $5,000.00 $5.000,00 $5,000.00 S5,000 OJ $5,000.00 5 Portable Changeable Message Sip 26 DAY $80.00 $2.080.00 595.00 $2,470.00 $6000 $1,560.00 $100.00 S2,6000-9 $95.00 $2,470.00 6 Asphalt Conc. Pavement Sawcutting 04 LF $2.00 $60800 $3.50 $1,064.00 $4.00 51.216.00 $4:00 $1,21600 54.00 $1,216.00 7 Cement Conc. Sawcutting 149 LF I $2.00 $29800 $4.50 $670,50 $650 $968.50 $4,00 $596-00 55.00 $745.00 of Cement Conc. Traffic Curb 325 LF $8.00 $2.60000 $6-50 $2,112.50 $420 $1,365.00 $30.00 $9,750.00 523.00 $7.475.00 Removal of Cement Conc. Sidewalk 55 SY $20.00 $1„100.00 S100101 $550.00 $5000 $2,750.00 $69.00 $3.795.00 580.00 $4,400.00 Removal of Cement Conc. Curb and Gutter k12Removal 65 LF $20.00 $1,300.00 $10-00 $650.00 $3500 $2,275.00 $35.00 $2,275.00 556.00 $3,640.00 Roadwa Excavation Incl- Haul 174 CY $170.00 $29,580.00 $250.00 $43,500.00 $19000 $33,060.00 $150.00 $26,100.00 $165.00 $28,710.00 Planin Bituminous Pavement 4,133 SY $4.25 $17,56525 $5.60 $20 665.00 $6 50 $26,864.50 $7.75 $32030 75 55 75 $23,764.75 Page 2 of 6 2020 ASPHALT OVERLAY PROJECT RFB No. 20-001 BID OPENING DATE: February 19, 2020 Vendor Name ---> Location----------> Bid 1 Miles Bid 2 Tucci & Sons Bid 3 ICON Bid 4 Lakiside Engineer Estimate Item Amount Unit Price Total Price Total Price Total Price Total Price Total 13 HMA Class 1/2" PG 58H-22 1.018 TN $80.00 SS1,440.00 $80-00 $81.440.00 $87.00 $88.566.00 $100.00 $101.800.00 $90.50 $92.12900 14 HMA Class 1/2" PG 58H-22 for Pavement Repair 320 TN $130.00 $4 1,600.00 $130.00 $41.600.00 $172.00 $55,040.00 $125.00 $40,00000 5175.00 $56,000.00 15 Crack Sealing 1 FA $3.000.00 53,000.00 $3.00000 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 16 Ad'ustManhole 9 EA $950.00 $8550.00 $1,000.00 $9,000.00 $550.00 $4,950.00 $495.00 $4,455.00 $780.00 $7,020-00 17 Utility Adjustment 15 EA $850.00 $12,750.00 $500.00 $7.500.00 $450-00 $6,750.00 $475.00 $7,125.00 $1,000.00 $15,000.00 18 Cement Conc_ Curb and Gutter 65 LF $50.00 53,260.00 $70.00 $4,550.00 $33.00 $2,145.00 $55.00 $3.575-00 $80.00 $5,200.00 19 Removal and Replacement of Pedestrian Refuge Islands, Complete 1 LS $10.000.00 $10,000.00 $16.000-00 $16.00000 $10.100.00 $10,100.00 $16,000.00 S16,000.00 $10,000.00 $10.000.00 20 Cement Conc Curb 19 LF $50.00 $950.00 $70.00 $1.330.00 $31.00 $589.00 $50.00 $950.00 $75-001 $1,425.00 21 Precast Sloped Mountable Curb 10 LF $2500 $250.00 $27.50 $275.00 $28.00 $280.00 $25.00 $250.00 $56.00 $560.00 22 Precast Dual Faced SI d Mountable Curb 315 LF $25.00 $7,875.00 $27.50 $8,662.50 $28.00 $8 820.00 $2500 $7.875060 $35,00 $11,025.00 . Raise avement ar, er, 600.00 1200.0 0 0 1,20 .00 550.00' 1.100.0 1.800.00 24HvdrantMarker.T 2B 4 EA $60.00 5240.00 $65.00 $260.00 $66.00 $264.00 $60.00 $240.00 $25.00 $100.00 -24 Xust onument ase over 4 A $500-100 1, ,8 385.00 ,54.0 26 Cement Conc. Sidewalk 55 SY $120.00 _ $6,600.00 $85.00 $4.675.00 $44.00 $2,420.00 $100.00 $5.500.00 $100.00 $5,500.00 27 Cement Conc. Curb Ramp Type Parallel A 4 EA $9,800.00 $15,200.170 $5,700.00 $22.800.00 $5,800.00 $23,200.00 $4,500.00 $18,000.00 $6,000.00 $24,000.00 28 Cement Conc. Curb Ramp Type Parallel B 5 EA $3,800.00 $19,000.00 $5,500.00 $27,500.00 $5,200.00 $26,000.00 $4,500.00 $22.500.00 $6,000.00 $30,000.00 291 Cement Conc. Curb Ramp Type Single Direction 2 EA $3,800.00 $7,600.00 $5,000.00 $10,000.00 $5,800.00 $11,600.00 $4,000.00 $8,000.00 56,000.00 $12,000.00 301 Remove and Re lacePedestrian Push Button 2 EA $2.500.00 55.000.00 $2,500.00 $5,000.00 $2,200.00 $4.40000 $2,000.00 $4,000.00 $2,500.00 $5,000.00 31 Ifiainted Bicycle Lane Symbol 7 EA $150.00 $1.050.00 $_165.00 $1,155.00 $16500 $1,155.00 $150.00 $1,050.00 $120.00 $840.00 32 Profiled Plastic Line 2,580 LF $220 35.676.00 $2.40 $6,192.00 $2.40 $6,192.00 $2.20 $5,676.00 $2.60 $6,708.00 33 Plastic Edge Line 1.623 LF $141) S227220 $150 $2,434. 0 $1.50 $2,434.50 $1.40 $2,272.20 $2.14 $3,473.22 _ 34 Profiled Plastic Wide Line 475 LF $5.00 $2.375.00 $5,501 $2,612.50 $5.50 $2.612.50 $5.00 $2,375.00 $6.10 $2,897.50 35 Plastic Crosswalk Line 400 LF $5.Q0 $2,000.00 $5.50 $2,200.00 $5.50 $2.200.00 $5-001 $2,000-00 $5.60 $2,240.00 36 Plastic Sto Line 42 LF $8001 5336.00 $875 $36750 $9.00 $378.00 $8.00 $336.00 $10.50 $441.00 37 Plastic fro rcArrow 8 EA $100.00 $800.00 $12500 $1,000.00 $110.00 $880.00 $100.00 $800.00 156-00 $1,248.00 SUBTOTAL SCHEDULE D $380,345.45 I TAnA,961.00 $432.935.00 1 $451,281.951 1 $459.281.01 SCHEDULE I_ - PVRl20th Ave S (S 316th St to S 312th t) 1 Mobilization 1 LS $42.000.00 $42,ODD.O0 $25,000.00 $25,000.00 $57,300.00 $57,300.00 $60,000.00 $60,000.00 $44.598.61 $44 598.61 2 Fla ers and Spotters 450 HR $59.00 $26.550.00 $76.50 134,425.00 $65.00 $29,250.00 $65.00 $29,250.00 $65.00 $29,250.00 1 Other Traffic Control Labor 50 HR $75-00 $3,750.00 $82-001 $4.100.00 $65.001 $3,250.001 $65.001 $3,250.001 $69.50 $3,475-00 Page 3 of 6 2020 ASPHALT OVERLAY PROJECT RFB No. 20-001 BID OPENING DATE: February19,2020 Vendor Name ---> Location>1 1 Bid 1 Miles 1 Bid 2 Tucci 8 Sons Bid 3 ICON 1 Bid 4 Lakiside Engineer Estimate Item ount nit Price Total Price Total Price Total Price Total Price Total 2 OffDuty Uniformed Police Officer 1 FA $4,000.00 $4,00000 $4,000.00 $4,000.00 $4 000.00 $4,000.00 54,000.00 $4,00000 $4,00000 $4,000.00 3 Portable Chan eable Message Sign 26 DAY $80.00 $2.080.00 $9500 $2,470.00 $6000 $1,560.00 5100.00 $2,600 00 $90.00 52,340.00 4 Asphalt Conn Pavement Sawcuttin 242 LF $2.00 $484.00 $3.50 $847.00 $400 $968.00 $4.00 $968 00 = 'il .$468.00 5 Cement Conc. Sawcuttin 133 LF $200 $26600 $4.50 $598.50 $650 $864.50 $4.00 $53200 $665.00 6 Removal of Cement Conc. Traffic Curb 140 LF $8.00 $1,520.00 $1000 $1,900.00 $4.20 $793.00 $30.00 $5.700-00 ' 1 'iii $4,370.00 7 RemovalofCementConc. Sidewalk 42 SY $20.00 $840.00 $10.00 $420.00 $50.00 $2,100.00 $69.00 $2,898.00 ^.: iI __iii $3,360,00 8 Removal of Cement Conc. Curb and Gutter 22 LF $20.00 $440.00 $10.00 $220.00 $35.00 L 5770.00 $35.00 $77000 56.00 $1,23200 9[Roadway Excavation Incl. Haul 20 Cy 1 $17000 $3,400.00 $500.00 $10,000.00 $250.00 $5,000.00 $150.00 $3.000.00 5165.00 $3,30000 10 Planing Bituminous Pavement 3,193 SY $426 $13,57025 $7.00 $22,351.00 $6.50 $20,754,50 $7.75 $24.74575 .86 fii} $19,158.00 11 HMA Class 1/2" PG 58H-22 873 TN $80.00 $69.840.00 $90.00 $78,570.00 $67.00 575.951.00 $100.00 $87.300.00 $90.00 $78.570.00 12 HMA Class 1/2" PG 5SH-22 for Pavement Repair 37 TN $130.00 $4.81000 $300.00 $11,100.00 $172.00 $6,364.00 $125.00 $4,625.00 5175.00 $6,475 00 13 Crack Sealing I FA $3,000-00 $3,000.00 $3,000.00 $3,000.00 $3,0013.00 $3,00000 $3,000.00 $3.000.00 $3.000-001 $3,000.00 14 Adjust Manhole 4 EA $950.00 $3.800.00 $1.000.00 $4.000.00 $550.00 $2,200.00 $495.00 $1.980.00 $780.00 $3,120.00 15 Install Conversion Riser for Type I Catch Basin 3 EA $550.00 $1.650.00 $1.00000 $3.000,00 $440.00 $1,320.00 $475.00 $1.425.00 $I.swo-01 $4,500.00 16 Utility Adjustment 16 EA $850 00 1 $13,600.00 $500.00 $8,000.00 $450-001 $7,200.00 $475.00 $7.600.00 5I,0M.00 $16,000.00 17 1 Cement Conc, Curb and Gutter 22 LF $4000 $880.00 $70.00 $1,540.00 $33.00 $726.00 $55.00 $1.21000 $56.00 $1.232..00 18 Cement Conc. Curb 47 LF $4000 $1.880.00 $7000 $3.290.00 $31.00 $1.457.00 $50 70 $2,350.00 $75.00 $3,525.00 19 Precast Sloped Mountable Curb 10 LF $25.00 $250.00 $2250 $275.00 $27.50 $27500 $25 00 $250.00 $56.00 $560.00 20 Precast Dual Faced Sloped Mountable Curb 180 LF $25.00 $4,500.00 $2750 $4,950.00 $27.50 S4,95000 $25.00 $4.500.00 $35.00 $6,300.00 21 Raised Pavement Marker, Type 2 2 HUND $550.00 $1,100.00 $60000 $1,200.00 $605.00 51,210.00 $550.00 $1,100.00 3400,00 $1,800.00 22 Hydra Marker, Type 2B 5 EA $60.00 $300.00 $65.00 $325.00 $66.00 $33000 56007 $300.00 $25.00 $125.00 23 Utility Cover Non-Shp MMA Coating 9 SF $100.00 $900.00 $85.00 $765.00 $24.00 $216.001 S4800 $432.00 5100.00 5900.00 24 Cement Conc. Sidewalk 42 SY 1 $150.00 $6.300.00 $85.00 $3,570.00 $44.00 $1,848.00 $10000 $4,200.00 $92.00 $3,864.00 25 1 Cement Conc. Curb Ramp Type Parallel A 4 EA $3,800.00 $15200.00 $6.430.00 $25,600.00 $5,800.00 $23,200.00 $4,50,100 $18,000.00 56,000.00 $24,000.00 26 Cement Conc. Curb Ramp T e Parallel B l EA $4.500.00 $4.500.00 $6.00000 $6,000.00 $5,200.00 $5,200.00 $4,50'7 OU $4,50000 $6.000.00 56000-00 27 Cement Conc. Curb Ramp Type Perpendicular 1 EA $4,500.00 $4.500.00 $6.700.00 $6,700.00 $5,700.00 $5.700.00 $5,007.00 $5.000.00 $6.000.00 S6.00000 28 Cement Conc. Curb Ramp Type Single Direction 1 EA $4.500.00 $4.50000 $5,700.00 $5,700.00 $5,800.00 $5,800.00 54,005 00 $4.000.00 56,000.00 1$6.P0D0 P,0 29 One APS Push Button and Foundation 5 LS $4.000.00 $20.000.00 $4,500.00 $22,500.00 $3,850.00 $19,250.00 53,501. 02 $17,500.00 $8.500.00 $»=,500.f3) 30 Two APS Push Buttons and Foundation 1 LS $5.000.00 $5.000.00 $5,600.00 $5.600.00 $5 500.00 $5.500.00 $5,000.00 $5,000.00 $10,000.001 $10,00000 31 Painted Bicvcle Lane Svmbol 8 EA $150.00 $1,200 00 $165.00 $1.320.00 $165.00 $1,320.00 $150.00 $1.200.00 $120.00 $9ro u0 32 Profiled Plastic Line 2.434 LF $2.20 $5.354.80 $2.40 $5,841.60 $2.40 $5.841.60 $2.20 $5,354.60 52.50 $6,328 4U 33 PlasticEd eLine 2'30 LF $1.40 $3.12200 $1.50 $3.345.00 $150 $3.34500 $140 $3.12200 $2.14 $4,1;220 34 Profiled Plastic Wide Line 406 LF $5.00. _ $2.030.00 $5.50 $2,233.00 $5.50 S2,23300 $5.00 $2.030.00 56.10 $2,47c, Fp 35 Plastic Crosswalk Line 640 LF $5.00 $3.200.00 $5.50 $3,520.00 $5.50 $3,520.00 $5.00 $3,200.00 $5,60 36 Plastic Stoe Line 108 LF $8.00 $864.00 $8.75 $945.00 $9.00 $972.00 $8.00 $86400 510.50 $1,134.00 37 Plastic Traffic Arrow II EA $100.00 $1.100.00 $125.00 $1,375.00 $110.00 51,210.00 $100.00 $1,100.00 $155.00 $1,716.00 SUBTOTAL SCHEDULE E $ 82,251.05 $320,596.10 $316,753.00 $3 8.856.55 $362,158.81 SCHEDULE F - The Ridge 1 Mobilization I LS 534.000.00 $34,000.00 $30,000.00 $30,000.00 $49.750.00 $49,750.00 $65,000.00 $65,00000 Sae �-; ,.9 c3'3,576.29 2 Flae ers 400 HR $5900 $23.600.00 $76.50 $30.600.00 $6500 $26,000.00 $65.00 $26.000.00 ]i; U1.1 Sw.000 00 3 Other Traffic Control Labor 30 HR $75.00 $2.250.00 $82.00 $2,460.90 $65.00 $1,950.00 $65.00 $1,950.00 569.00 52 070' 00 4 Roadside Cleanup 1 FA 12.000.00 $2.000.00 $2.000.00 $2,000.00 $2.000.00 $2,000.00 $2,000.00 $2.00000 Sry +ilii; ,Fri 5 Asphalt Conc. Pavement Sawcuttin 622 LF $200 $1,244.00 $3.50 $2,177.00 $400 $2,488.00 $4.00 $2,48800 ti; W S7 480 0" 6 Cement Conc, Sawcutting 162 LF 1 $200 $324.00 $4.50 $729.00 $650 $1,053.00 $4.00 $648.001 $5.00: SB 16 CU 7 Removal of Cement Conc. Sidewalk 50 SY $20.00 $1.000.00 $10.00 $500.00 $5000 $2,500.00 $64 00 $3,450.00 53U.r;p $4 70 v of, 8 Removal of Cement Cone. Curb and Gutter 65 LF $20.00 $1.30000 $10.00 $650.00 535 00 52,275.00 S3S UU $2,275.00 S56j;(, $3 640 00 91 Removal of Extruded Cement Conc. Curb 598 LF $6.00 $3.588.00 $10.001 $5,980.00 S420 $2.51160 51`: 00 $8.970.00 S 13 T.4 $13.i�4 CG 10 Roadway Excavation Incl. Haul 55 CY $145.00 $7,975.00 $250.00 $13,750,00 $250 00 513,750.00 $27500 $15,12500 $165.00 $9,075.00 11 Planing Bituminous Pavement 1941 SY $5.65 $10966.65 $7.00 $13587.00 $9.00 517,46900 51325 $25,718.25 Si -.5 $11,160.75 12 HMA Class 1/2" PG 58H-22 511 TN $8600 $43,9460 $90.00 $45,990.00 $87.00 $44.457.00 $10000 $51,100.00 $go.00 $45,990,00 13 HMA Class 1/2" PG 58H-22 for Pavement Repair 80 TN $160.00 $12.800.00 $130.00 $10,400.00 $172.00 $13,760.00 5135.00 $10,800.00 $175 00 $14,000.00 14 Crack Sealing 1 FA 1 $5.00000 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,00000 55.000.00 $5,000.00 $5,000.00 $5,000.00 15 AdjustManitole ? EA $1,00000 $2,000,00 $1000.00 $2000.00 $550.00 $1,100.00 5495.00 $990-0 570000 $1.400.00 16 Adjust Catch Basin 2 EA $1,000.00 S2.000.00 $500,00 $1,000.00 $550.00 $1,100.00 $495.00 $99000 5700.00 $1,400.00 17 UtdjlvAdjustment 3 EA $1.000.00 $3.000.001 $500.001 $1500.00 $450.00 $1,350.00 $475.00 $1.425.00 $1.000.00 $3,000.00 18 Sod Lawn. Incl 4 In Topsoil 14 SY $100.00 $1,400.00 $400.00 $5.600.00 $20000 j75"I 800.00 $175.00 $2,450.00 $15000 $2,100-00 19 Topsoil 36 Cy $10000 $3,600.00 $g5MJ $3.060.00 $200.00 $7,20000 1 $175.00 $6,300.00 5120.00 $4,320.00 Page 4 of 6 2020 ASPHALT OVERLAY PROJECT RFB No. 20-001 BID OPENING DATE: February 19, 2020 Vendor Name ---> Location ----------> I LS Bid 1 Miles $_12,000.00 Bid 2 Tucci & Sons Bid 3 ICON $21,500.00 Bid 4 Lakiside $8,000.00 Engineer Estimate $5,39798 Item Amount Unit Price Total Price Total Price Total Price Total Price Tota 20 Cement Cone. Curb and Gutter 63 LF $50.00 $3.150.00 $70.00 $4,410.00 $33.00 $2,079.00 $50.00 $3,150.00 5100.00 $6,300.00 21 Cement Cone. Barrier Curb 180 LF $70.00 $12.600.00 $50.00 $9,000.00 $45.00 $8.100.00 $75.00 $13.500.00 $160.00 $28,800.00 22 Adjust Monument Case & Cover 7 EA $800.00 $5,600.00 $1,000.00 $7,000.00 $450.00 $3,150.00 $38500 $2,695.00 5580.00 $4,060.00 23 Cement Cone. Sidewalk 50 SY $200.00 $10,000.00 $85.00 $4,250.00 $44.00 $2,200.00 $100.00 $5.00000 5100.00 $5.000.00 24 Extruded Cement Cone. Curb 404 LF $2000 $8,08000 $2500 $10.10000 $20.00 $B 060.00 $18.50 $7.47400 $80.00 _ $32,320.00 25 Cement Cone. Curb Ramp Type Parallel A 9 EA $4,000.00 $36.000.00 $5,000 00 $45,000.00 $5,800.00 $52,200.00 $1,00000 $36,000.00 $6,000.00 $54.00000 SUBTOTAL SCHEDULE F 8 RemovingCement Cone. Curb and gutter 20 LF $237.423.65 $400.00 256.743.00 $200.00 $274.322.60 $700.00 $300.498.25 $700.000 322.264.04 $46000 10 Cement Cone. Curb and Gutter 20 LF $50.00 $1,000.00 $70.00 $1.400.00 $33.00 5660.00 $65.00 $1,300.000 -SCHEDULE - ac Hwy Sand S320th St 11 Cement Cone. Sidewalk 76 SY $120.00 $9,120.00 $85.00 $6,460.00 $44.00 $3.344.00 $100.00 $7,600.000 1 Mobilization I LS $35,000.00 $35 000 00 $30,000.00 $30,000.00 $31,00000 $31,000.00 $60,000.00 $60,00000 $28.531.65 $28,531.65 2 Flaggers 416 HR $59.00 $24,544.00 $76.50 $31,824.00 $6500 $27,040.00 $65.00 $27,040.00 X65.00 _ $27,040.00 3 Other Traffic Control Labor _ 104 HR $75.00 $7.800 00 $82.00 $8.528.00 $65.00 $6,760.00 $65.00 $6.760.00 169.00 $7,176.00 4 Portable Changeable Message Sign 72 DAY $80.00 $5.76000 $95.00 $6,840.00 $60.00 $4,320.00 $100.00 $7,200.00 895 00 $6,840.00 5 Off Duty Unitformed Police Officer 1 FA 516400.00 $_16,400.00 $16,400.00 $16,400.00 $18400.00 $16,400.00 $16,400.00 $16,400.00 $]n,a t;i,i.;; $16,400.00 6 Roadside Cleanup 1 FA $2,000.00 $2,000.00 $2.000.00 $2,00000 $2,000.00 $2,000.00 $2,000:00 $2,00000 S.'.!ii Oa $2,000.00 7 Asphalt Cone- Pavement Sawcuttin 285 _LF $2.00 $57000 $3,50 $997.50 $4.00 $1.140.00 $4.00 $1,140.00 5-I.0il $1.140.00 BCementCone. Sawcuttin 330 LF $2.00 $660-001 $4.50 $1485.00 $6.501 $2,14500 $4.00 $1.320,00 5 ii'.i $1650.00 9 1 Removal of Cement Cone. Sidewalk 100 SY $20.00 $2,000.00 $10.00 $1,000.00 $50-001 $5,000.00 $69.00 $6,900.00 $20.00 $2,000.00 10 Removal of Cement Cone. Traffic Curb 75 LF $20.0(3 $1,500.00 $10.00 $750.00 $4.20 $315.00 $3000 $2,25000 $! S.Ioo $1,125.00 11 Adjust Catch Basin 3 EA $1.000.00 $3,000.00 $500.00 $1,500.00 $550.00 $1,650.00 $495,00 $1,48500 'SuSjo,) $2,850.00 12 Remove and Replace Solid Locking Catch Basin Lid with Non -Slip S 3 EA $500.00 $1.500.00 $900.00 $2,700.00 $420.00 $1,260.00 $375.00 $1.125.00 $200.00 $600.00 13 Remove and Replace Surface Water Vault Lid i EA 5500.00 $500.00 $1,000.00 $1 000.00 $1,500.00 $1,500.00 $500.00 $500.00 55.000.00 $5,000.00 14 Cement Cone. Curb and Gutter 75 LF $40.00 $3.000.00 $70.00 $5,250.00 $33,00 $2,475.00 $55.00 $4,125-00 $80.00 $6,000.00 15 Cement Cone. Barrer Curb 200 LF $40 00 $8.000.00 $40.00 $8.000.00 $45.00 $9,000.00 $40.00 $8,000.00 SSU GO $16,000.00 16 Cement Cone. Curb 32 LF $4000 $1.280.00 $70.00 $2,240.00 $31,00 $992.00 $40.00 $1.280.00 575.00 $2,400.00 17 Cement Cone. Sidewalk 87 SY $16000 $13.920.00 $85.00 $7,395.00 $44,001 $3,828.00 $100.00 $8.70000 S15000 $13,050.00 1 . Type Parallel BRam 1-A 1 EA $4.80000 $4.800.00 $6.500.00 $6.500.00 $6,600.00 $6,600.00 $5,415.00 $5,41500 S?.0o:I Iii $3,000.00 19 Type Parallel B Ram I -B I EA $4,810.00 $4.800.00 $6,500.00 $6,500.00 $6,600.00 $6.600.00 $5,415.00 $5.415.00 $3.500.00 $3,500.00 20 Type Parallel B Ram 2-A l EA $4.800.00 $4,800.00 $6,500.00 $6,500.00 $6,600.00 $6,600.00 $5,415.00 $5,41500 5'.000.00 $3,000.00 21 Type Parallel B Ram 2-B I EA $4.800.00 $4.800.00 $6.500.00 $6.500.00 $6.600.00 $6,600.00 $5,415.00 $5,415 00 $4--;06.00 $4,500.00 22 Type Parallel A Ramp Type 1 3-A I EA $4,800.00 $4,800.00 $6,500.00 $6.500.00 $6.600.00 $6.600.00 $5.415,00 $5.415.00 $5000.00 $5.000.00 23 Type Parallel A Ramp Type 1 3-B 1 EA $4,800.00 $4.800.00 $6,500.00 $6.500.00 $6,600.00 $6,600.00 $5,415.00 $5,415.00 Si.000 00 $5,000.00 24 Type Parallel A Ramp Type 1 4-A _ 1 EA $4,800.00 $4,800.00 $6,500.00 $6,500.00 $6.600.00 $6,600.00 $5,415.00 $5,415.00 $;-500 00 $5,500.00 25 lType Parallel A Ramp Type 1 4-B I EA $4.800.00 $4,800.00 $6,500.00 $6,50000 $6,600.00 $6,600.00 $5,415.00 $5,415.00 $6,000of) $6,00000 26 Utilityover Non-Sli MMA Coating 22 SF $100.00 $2,200.00 $85.00 $1,870.00 $24.00 $528.00 $48,00 $1,056.00 $100.00 $2,20000 27 Pedestrian Signal Modification 1 LS $22,000.00 $22,00000 $21,000.00 $21,000.00 $20.900.00 $20,900.00 $19,000.00 $19,000.00 54,".000.00 $40,000.00 28 Remove Siem 1 4 EA $30.00 $120.00 $150.00 $600.00 $250.00 $1,000.00 $500.00 $2,000.00 $250.00 $1,000.00 SUBTOTAL SCHEDULE G 5190.154.00 $203,379.50 $192,053.001 $221,601.00 $218,502.65 SCHEDULE H - S 316th St Crosswalk 1 Mobilization I LS $12.000.00 $_12,000.00 $25,000.00 $25.000.00 $21,500.00 $21,500.00 $8,000.00 $8,000.00 $5,39798 $5.397.98 2 Flaggers and Spotters 64 HR $5900 $3,776.00 $76.50 $4,896.00 $6500 $4,160.00 $65.00 $4,160.00 $65.00 $4,160.00 _ 3 Other Traffic Control Labor 4 HR $75.00 5300.00 $82,00 $328.00 $65.00 $26000 $65.00 $260.00 $69.00 $276.00 4 Removin Tree and Tree Box 1 EA $3,000.00 53,000.00 $650.00 $650.00 $3.400.00 53,400.00 $50000 $500.00 $2,000.00 $2,000.00 5 Removing Bike Lane Signage I EA $30.00 $30.00 $150.00 $150.00 $1,00000 $1000.00 $25000 $250.00 $100.00 $100.00 6 Asphalt one. Pavement Sawcuttin 60 LF $2.00 $120.00 $3,50 $210.00 $4.00 $240.00 $4.00 $24000 $4.00 $240.00 7 Cement Cone. Sawcutting 66 LF $2,00 $132.00 $4.50 $297.00 $650 $429.00 $4.00 $264.00 55.00 $330.00 91 Removing Cement Cone. Sidewalk 62 _1 SY $20.00 $1,240.00 $10.00 $620.00 $50.00 $3.100.00 $69.00 $4,278.00R$6,000.00 0 $4,960.00 8 RemovingCement Cone. Curb and gutter 20 LF $20.00 $400.00 $10.00 $200.00 $35.00 $700.00 $35.00 $700.000 $46000 10 Cement Cone. Curb and Gutter 20 LF $50.00 $1,000.00 $70.00 $1.400.00 $33.00 5660.00 $65.00 $1,300.000 $2.000.00 11 Cement Cone. Sidewalk 76 SY $120.00 $9,120.00 $85.00 $6,460.00 $44.00 $3.344.00 $100.00 $7,600.000 $9,120.00 12 Cement Cone. Curb Ram T Parellel B 1 EA $5.200.00 $5,200.00 $6,10000 _ $6,100,00 $5,200.00 $5,200.00 $4,500.00 $4.500.000 $6,000.00 13 Cement Cone. Curb Ram T Perpendicular I EA $5.200.00 $5,200.00 $6.100.00 $6,100.00 $5,500.00 $5,500.00 $4,500.00 $4.500000 $6.000.00 14 Cut and Ca Power to Tree I EA $1,tH1000 $1,000.00 $2.75000 $2.750.00 $550.00 $550.00 $500.00 $500000 $1,000,0015 Removin Plastic Line 115 LF $10,00 $1.150.00 $11.00 $1,265,00 $11.00 $1265.00 $10.00 $1,150.000$575.00 16 PlasticCrosswalk Line 140 LF $5.00 $700.00 $5.50 $770.00 $550 577p.00 $5.00 $700.000$784.00 UBT TAL H DUL H ,368,00 57,196.00 $52,078.00 $38.902.003,402.98 Page 5 of 6 2020 ASPHALT OVERLAY PROJECT RFB No. 20-001 BID OPENING DATE: Februa 19, 2020 Vendor Name --> Location ---------> LL Bid 1 Miles .1 Bid 2 Tucci B Sons 1 Bid 3 ICON Bid 4 Engineer Lakiside Estimate Item Amount Unit Price Price Tota Price Total Price Total Price Total TOTAL ,163,610.45 2.408.630.55 $2.409.957.60 $2.555.583.651 .5 6 .3 Bidders Paperwork Checklist APPARENT LOW StDDER 8€d Pro osal Pro x x x x _2 u x x x x S J' 11:Of 1' rac 1Dr I$[ x x x x rz)-,iractof Corti nation -Wage ComplIance Ix Ix I x Ix Page 6 of 6 COUNCIL. MEETING DATE: March 17, 2020 ITEM #: 5f- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2020-21 NEIGHBORHOOD TRAFFIC SAFETY PROGRAM —BID AWARD POLICY QUESTION: Should City Council award the 2020-21 Neighborhood Traffic Safety Program to the lowest responsive, responsible bidder? COMMITTEE: LUTC MEETING DATE: March 3, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Naveen Chandra, PE, Senior Capital Engineer DEPT: Public Works Attachments: Staff Report & Bid Tabulation Options Considered: 1. Award the 2020-21 Neighborhood Traffic Safety Program to Tony Lind Paving LLC the lowest responsive, responsible bidder, up to the amount of $60,000.00 and approve a ten percent contingency of $6,000.00, for a total amount of up to $66,000.00 and authorize the Mayor to execute the contract. 2. Reject all bids for the 2020-21 Neighborhood Traffic Safety Program and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends approval of Option 1. MAYOR APPROVAL: / J DIRECTOR APPROVAL: �' ZO( Z o 2- prnmi esC'- i d—�4 Initial/Date InitialiDatc Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the March 17, 2020 City Council consent agenda for approval. Mark Kopp ornmittee Cha' Martin Hoof-. ('Qilllll[tlei Member 1-I0Aj W Trin, (oimililtee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the 2020-21 Neighborhood Traffic Safety Program to Tony Lind Paving LLC, the lowest responsive, responsible bidder, up to the amount of $60,000.00) and approve a 10% contingency of $6, 000. 00, for a total amount of up to $66, 000. 00, 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 # CITY OF FEDERAL WAY MEMORANDUM DATE: March 02, 2020 TO: City Council VIA: Jim Ferrell, Mayor E.J. Walsh, P.E., Public Works Director FROM: Naveen Chandra, P.E., Senim Capital Lngiileer r-16 SUBJECT: 2020-21 Neighborhood Traffic Safety Program— Bid Award FINANCIAL IMPACTS: This project was included and is projected to be completed within the approved budget under the Traffic Division's operational budget. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND INFORMATION: Four (4) quotes were received on February 10, 2020 for the 2020-21 Neighborhood Traffic Safety Program. Please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Tony Lind Paving, LLC with a total quote of $58,909.20. ESTIMATED EXPENDITURES: 2020 Construction Cost $ 30,000.00 2021 Construction Cost $ 30,000.00 10% Construction Contingency $ 6,000.00 Construction Management (City Staff) $ 10,000.00 Total Project Costs $ 76,000.00 AVAILABLE FUNDING: City Funds — 2020 Traffic operational budget $ 40,000.00 City Funds 2021 Traffic opet-atiomal budget 5 -10.000.00 Total Project Costs $ 80,000.00 BID TAB REQUEST FOR QUOTE CITY OF FEDERAL WAY 2020-21 Neighborhood Traffic Safety Program Exhibit A, Schedule A Notes: 1 All items shall include in the price any required layout, mobilization, traffic control, roadside cleanup, or any other incidentals. 2 All permanent pavement markings for traffic calming devices shall be done by others. 3 All permanent signs for traffic calming devices are done by others, 4 Any removal of pavement markings will be done by others - 5 the circle diameter range, in feet. r.Ci4FIR11 F A. (Flramnla nl •Tvnlnxr Prnf.Me A. t1. sr--rihnA In .=iron. f Wnrk1 Mum no the same as SarredWe a price SCHEDULE B. (Disc Fella nary Work Orders As Described in Scaoo of Wo rkl "Typical" Project Item Unit Quantity B-3 Extruded Curb, Painted B-1 WSDOT Standard Specificalion Section 8-07 (except no rebar) 50 F F LF Puyallup- WA Location B-7 Speed Hump, Complete (includes toe grind and temporary markings. Permanent signing and markings by others.) COFW 4 Development Standard 3-26, COFW SP 8-32 _ __ B-16' Traffic Circle Island, Complete (includes painted pre -cast curb, 501 + Multiplier pavement removal, monument case 8 valve box adjustment, 32 -foot Block Traffic Curb, Painted topsoil. Each (1) island by Circle Diameter range in feet) COFW Diameter 1 Development Standard 3-59, COFW SP 8-04 Circle EA 1 n I n I of Schedule A Mum no the same as SarredWe a price SCHEDULE B. (Disc Fella nary Work Orders As Described in Scaoo of Wo rkl 81d a 1 Bid Al 2 [tern Cluarillty Range Tony Lind PaOn ,LLC Vendor Name AAAspbalunu,LLC Unit B-1 Pre -Cast Traffic Curb, Palmed 50 100 IF Puyallup- WA Location WSDOT Standard Specificalion Section 8-07 101 500 LF Unit Price COFW Spaclaill pray 8.07 501 + Multiplier ! F B-2 Block Traffic Curb, Painted 5o 100 1_F $2,000.00. COFW Development Standard 3-4 101 500 IF $11,200.00 $14,000.00 COFV; S ecu! P•GVi31en 8.07 501 $26,000.00 _ 5.3 Extruded Curb, Painted 50 $61600.00 $16,000 _ $20 UUO ` 1 WSDOT St Spec 8-07, and St Plan F-10.42 (except no rebar) 0 $0.00. - $21,150 00 - $35,000.00 ODF'A: r e': celh n:c..: SrIjr i.a-d -: 4A (.i)r' til= r -f)1, n -ns 9111 50 OD =_ B-4 Remove Pre C S, Block- or 5xlruded Curb 1=,.r-uue dsprlalt 50 :•� .,•, patching if necessary) VJSDOT Standard Specification Section 2- 101 50 $0,00 Pi h0 CDFV,-�F:%U7 501- 101 B-5 Crushed Surfacing Top Course, Include Haul 1 $5,05000 101 WSDOT Standard Specification Section 4-04, 9-03 6 1 3 4 00 'Lt[J COF'N 5.^.t•.iel P!ovi;inn 15 ':u1 B-6 HMA Class 112" PG 64.22 1- 50-02 23 '50' - WSDOT Standard SI.::::Gi;;alrnn Section 5-04 6 0:. - $5,000.00 40.00 50 Y 5-o-7 B-7 Sneed Bump, Curnpl.in nr,:: udos man Inn grind d temporary 1 $2,121.00 F^, 101 markings Permanent signing and markings by others ) COFW 2 3 EA r3- 7 :f 01S9.519.001 13-8 Sneed table Complete i _ • -. toe grind and temporary 1 7 038 00 EA 501515.030.00E-501 markings Permanenl signing and ll::rli : ; : h. r,iltrr, ' 2 3 EA - .:Io e IIS ;r Jtlyd 3 27", SD3- -._ C�]I-': � lCrussvralI 4+ FA 13-9 R assed k, Comp rete rt-1:IJdes toe pant and temporary 1 $3,-000-00 EA 50 _. _ r: s fsnr3 3 i markings by others ) C0FW 2 3 EA _ 101 4 + EA B-10 Remove Speed Hump, Speed Table, or Raised Crosswalk 1 $0.00 EA 501 Aj J2 asphalt patching it necessary) COFW SP B-04 2 3 EA 1-;1 r m 1d- -ii ::1 err 202.3f31 4+ EA B- I 1 Pedestrian Refuoe island. Complete (includes delectable 1 5100 00 EA 1 warning strips) COFW SP 8-04 2 3 EA F,,:=':,. - 1 4 • EA B-12 Remove Pedestrian Refuge Islands, Complete 1 6 EA 29i U:I (include asphalt patching if necessary) COFW SP 8-04 2 3 EA $0.00 WSDOT Staindafel Specificabon Section 2.02.3'3 4+ $60000 EA 81d a 1 Bid Al 2 Bid # 3 Bld # 4 Vendor Name Tony Lind PaOn ,LLC Vendor Name AAAspbalunu,LLC Vendor Nam.- -phae Patch 1. Venda= lime G✓<Jorernaancwrlpw" Location Kent. WA Location Sumner WA Location Puyallup- WA Location Pacific. WA Unit Price Multiplier Total Unit Price Multiplier Total Unit Price Multiplier Total Unit Price Multiplier Total $3,500.00 $1,150.00 $5,000.00 $40 50 $2,000.00. 1150 $0.00 101 $8,080.00 $11,200.00 $14,000.00 101 $5,050.00 $26,000.00 11200 $0.00 501 $61600.00 $16,000 _ $20 UUO ` 1 $20,00000 0 $0.00. - $21,150 00 - $35,000.00 - $5U,U00 UU - 50 OD Unit Price Multiplier Total Unit Price Multiplier Total` Unit Price Multiplier Tota Unit Price Multiplier Total 50 $2,300.00 SO $5,000-00 SU $3,500.00 50 50.00 101 54,646.00 101 $8,080.00 101 $5,050.00 101 $0.00 501 S1 39.00 1 W.06CLO0 501 - 0 5Q1 50.20 56.01; 50 $2,800.00 50 55,000.00 .,•, $3,500.00 50 $0,00 Pi h0 101 $4,949.00 101 $8,08000 loo $5,05000 101 50.00 ,1- t--. 1 3 4 00 'Lt[J --191 0 0- ':u1 $20,04000 501 50-02 23 '50' - -' $1,150.00 0:. - $5,000.00 40.00 50 =$2,000.00 5-o-7 $0.00 10 $2,121.00 ` "i1 101 $4,545.00 101 $4,040.00 101 SO -00 01S9.519.001 - 11 7 038 00 501515.030.00E-501 I S0 0 50 $50000 50 $2,90000 50 $3,-000-00 50 $0,00 101 $909.00 _ 101 $3,838.00 101 S4.04000 101 $0.00 t :1 501 S4.006.00 X01 $15,030.00 SO 1 0 591 0-0 1 5100 00 1 $300.00 •, u;'.1 1 $40000 1 50.00 6 $270.00 6 $1,200.00 29i U:I b $1,200-00 6 $0.00 . �..a 15 $60000 15 51.5am 15 $1,500-00 15 SO -00 sly 07 1 $40000 5450.00 1 5500.00 1 50.00 --00 6 $2,100.00 - S1,800.00 6 $1,800 00 6 $0.00 300.80 15$4.500-00r--15 00.00 15 $3.00000 15 $0-00 _ ..rtn M1S 1 $2,800.00 1 $9,500-00 1 $8,00000 f $000 u 2 55,600.00 2 $12,000-00. 2 $14,000-00 Y $0-00 4. _ .. 1 $3,600.00 a;`.. 1 58,000.00 1 58,00000 1 $0.00 2 57,200.00 2 $10,000,00 - 2 $10,000-00 2 $0.00 4 $13,600,00I•: 4 $16,000-00 - 16-000-00 0 1 $3,700.00 1 $10,000.00 1 $10,00000 1 $0.00 2 $7,400.00 2 $14,000.00 Gi)u 2 $14,000.00 2 s0.00 -4 S14,000 -M &24.000 00 $24,00000 4 1 $2,000,00 1 $6,50000 1 $7,000.00 1 $0,00 2 S4,000.00 2 $11,00000 2 $12,000.00 2 $000 4 $ 6.000.00 : J1, 4 $20,000.00 ..; 1.1 4 20 017-00 4 0.00 1 $12,900.00 ail 1 $3,50000 Lo, 1 $3,00000 1 $0-00 2 $25,600,00 2 S5,00000 2 55,000.00 2 So.00 4 $50,00U,up 1':;11 0.1 4 S6,00000 1 p- 4 SO -0 1 $6,000,00r ;;110 -1.1 1 $2,50000 1 $2,500.00 1 $0.00 ... 2 $12,000,00 t.sti{r .1<7 2 $4,00000 • 2 $4,000.00 2 $0.00 5.uu„ 1:7 4 5 200.00 4 $6.000 00 4 50 onn.o6l50.00 2/10/2020 B-12 Remove & Replace Concrete Curb Ramp, Complete 1 EA COFW Development Standard 3-8, MA, 3 -BB, 3-10, 3-10A, 3-11, 2 3 EA _L107 Sid -P F40-14 In 26 II,J C SP 8.04.8-14 4 EA B-14 Remove & Replace Concrete Sidewalk, Complete 5 10 SY COFW Development Standard 3-3 & 3-12 11 50 SY COFW S cFa1 PmsvWo 8-14 51 SY 8.15 Remove & Re plats Concrete Curb Ik Gutter. Complete 10 30 LF (includes sawculting, disposal, ashpall patching) COFW Dwg 3-4, 31 100 LF 3-1 i{ j,'J Cn I ; Ird Sn. c ,-04 104 K CQFW §jP 8.04 101 LF B-16' Traffic Circla Wand. Complete f•nciud— palnlad pre -cast ram. Dlam rill - pavement removal, monument rase & valve box adjustment, 10'- 16' 1 EA topsoil. Each (1) island by Circle Diameter range in feet) COFW 17'- 24' 1 EA Onnb bD Jos[ 10c (537,758 .'-0 nnsead of A EATotal of Schedule B Adjusted Total of Schedule 0 ° X 0.10 Total(Toilet of Schcdu €e A • Ad usted Total of Schedule $ 0 7 54,200.00 $73,867 $90,654 54,000.00 tf00 `_iJ t $4,00000 1 WW ..:i 2 j9, : 1n o0 57,600.00 3 200 0U $6,400 00 2 $0.00 -7 C.15.c uL i]0 .i 0 =� •.Ial 8 0.00 4 .00 0 5 i I,:ir •: N7 - _ $1,875-00 a0u;id 5 $2,000.00 5 $000 Onnb bD Jos[ 10c (537,758 .'-0 nnsead of 11 5 ,7`,, DO $3,850-00 370 fi a 11 $3,300.00 11 $0.00 51 11.•17=±J0 ..1 $12,750-00 Llli 51 S7,§5Q.Q 51 O -0 ;i 10 31, L'U000 10 $1,90000 JJ.Gd 10 V.DOO-DO 10 $0.00 31 $2 L1.1.11 0'I 31 53,72000 1001.1' 31 $3,100.00 31 $0.00 10 9.o Pu.OQ :01 $10,10 .00 /0 � 10 101 O.OQ -c� 1 $7_W11) q3i 1 $7 c•: in ao 1 1 $15,000.00 "740000 $15,500.00 "ir(!o.,;;n 1 1 S1 .W0:40 $17.000.00 1 1 $000 50.00 4 X800. 8'0 00 = 377,592 UO - 5435,176 00 > ,940.00 S0.0Q 0.10 $37.759.201 0.10 1 $43,517.60 0.10 010 Exhibit A, Schedule B Notes: 6 Line Item Total for Schedule B are calculated by multiplying the quantity range minimum by the unit price, except for item B-16. 7 Unit Price is per Each for a Traffic Circle Island, Complete within the circle diameter range, in feet. 8 Adjusted (weighted) Total reflects likelihood that only 10% of discretionary work in Schedule B will be requested - Note: The contract resulting from this RFQ is mainly for future discretionary work orders; exact quantities and locations are unknown, The City's recent historical average for this work is approximately $25,000 per year Discretionary work orders are typically issued multiple times throughout the calendar year Sehadula "A" and B" s5as9s.2n s7s 517.ea � $0.69 Total Listed on Contractor Bid 5488,388,20 $73,867 $90,654 Missing se-ral bid items includirq Sche(tdD Difference 15379 487 00) $4,650.60 50.00 Notes B-16 nn Scnedule'A- should be Same as B-16 in Schedule 'B" Minch is S8,600- Corredao in Did Tau r.-arooct4r bid added addnhonal 10'-0, v.he.re as it Onnb bD Jos[ 10c (537,758 .'-0 nnsead of fr' 'J6.54P.90! 2/2 2/10/2020 COUNCIL MEETING DATE: March 17, 2020 ITEM #: 5g. CITY OF FEDERAL WAY CITY COUNCIL AGENDA SILL SUBJECT: SW DASH POINT RD & 47TH AVE SW COMPACT ROUNDABOUT —30% DESIGN REPORT POLICY QUESTION: Should the City Council authorize staff to proceed with design of the SW Dash Point Rd & 47th Ave SW Compact Roundabout and return to the LUTC and Council at 85% design completion for further reports and authorization? COMMITTEE: Land Use & Transportation MEETING DATE: March 2, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen, Senior Capital Engineer DEPT: Public Works Attachments: LUTC Memo dated March 2, 2020 Options Considered: 1. Authorize staff to proceed with design of the SW Dash Point Rd & 47th Ave SW Compact Roundabout and return to the LUTC and Council at 85% design completion for further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the March 17, 2020 City Council Consent Agenda: for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: �, I ZC Zo'r� irunm Counc' � I tiallDalc initiatfUaic lnitial�'C7s3n COMMITTEE RECOMMENDATION: I move to forward Option I to the March 17, 2020 consent agenda for approval. Mark KovpVg, Committee Ch,�r Martin Moore, C mmittee Member Hoang rani , Committee Member PROPOSED COUNCIL MO'`t'ION: "I move to authorize staff to proceed with design of the SW Dash Point Rd & 47th Ave SW Compact Roundabout and return to the LUTC and Council at 85% design completion for 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 # CITY OF FEDERAL WAY MEMORANDUM DATE: March 3, 2020 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director FROM: Christine Mullen, P.E., Senior Capital Engizieer` SUBJECT: SW Dash Point Rd & 471h Ave SW Compact Roun about — 30% Design Report FINANCIAL IMPACTS: The cost to the City for the SW Dash Point Rd & 47th Ave SW Compact Roundabout was included within the approved budget under the Public Works Department, Capital Project #217. In accordance with the approved budget, this item is funded by a federal grant from WSDOT in the amount of $815,000 and the remainder from the Transportation Systems 306 fund. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND INFORMATION: This project provides a compact roundabout at the intersection of SW Dash Point Road (SR -509) and 47th Avenue SW. A roundabout serves as a countermeasure to the fatal and serious injury collision history at this T -intersection (currently minor leg stop controlled). The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 30% complete, which includes the following completed tasks: • Topographic Survey • Project Design to 30% • WSDOT Coordination Ongoing tasks include: • Utility Coordination • Preliminary Contract Specifications • Project Design to 85% • NEPA Application & Approval Project Estimated Expenditures Design $165,000 2020 Construction Cost $680,000 10% Construction Contingency $68,000 Construction Management & Inspection $60,000 Total Project Costs $973,000 Rev. 6/2019 March 3, 2020 Land Use and Transportation Committee SW Dash Pt Rd & 47th Ave SW Compact Roundabout Page 2 Project Available Funding Grant (Federal — City Safety Selections) $815,000 Miscellaneous / Transfers $15,000 Total Project Costs $830,000 Project Budget Shortfall: -$143,000 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at 85% design completion for further action. Staff anticipates bidding this project in June 2020 (if WSDOT approvals are received in time) or Winter 2020/21. COUNCIL MEETING DATE: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5h SUBJECT: PROJECT ACCEPTANCE FOR MILITARY ROAD SOUTH PAVEMENT REPAIR POLICY QUESTION: Should City Council accept the Military Road South Pavement Repair Project constructed by Pavement Maintenance of Washington, LLC. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 2, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Capital Engineer DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Approve the proposed final acceptance of the Military Road South Pavement Repair Project constructed by Pavement Maintenance of Washington, LLC. in the amount of $159,371.13 as complete. 2. Do not approve proposed final acceptance of the completed Military Road South Pavement Repair Project constructed by Pavement Maintenance of Washington, LLC. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the March 17, 2020 Council Consent Agenda for app�pval_ r F.-- MAYOR --L � c? DIRECTOR APPROVAL: i 7� iZoZD ammi a Coit nitiaUDate InitialMate InitiaMate COMMITTEE RECOMMENDATION: "I move to forward the proposed final acceptance of the Military Road South Pavement Repair Project to the March 17, 2020 consent agenda for approval. " Mark Ko g, Committee Choir nartin Moore, Ca mittee Member IIoang Tran. Committee Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the Military Road South Pavement Repair Project constructed by Pavement Maintenance of Washington, LLC. in the amount of $159,371.13 as complete. " (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 — 2/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2020 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director��'�-�� .teff Huynh, Capital Engineer '� SUBJECT: Military Road South Pavement Repair — Final Acceptance Financial Impacts: This is the acceptance of construction as complete; therefore, no additional funds are proposed to be spent as part of this agenda item. Background Information: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The Military Road South Pavement Repair Project contract with Pavement Maintenance of Washington, LLC. is complete. The Final construction contract amount is $159,371.13. This is $45,628.87 below the $205,000.00 (including contingency) budget that was approved by the City Council on August 13, 2019. Rev. 7/18 COUNCIL MEETING DATE: March 17, 2020 ITEM #: 5i CITY OF FEDERAL WAY CITY COUNCIL AGENDA HILL SUBJECT: REQUEST TO MODIFY THE TRANSPORTATION SYSTEMS CAPITAL IMPROVEMENT PLAN POLICY QUESTION: Should the City Council authorize staff to modify the Transportations Systems Capital Improvement Plan by authorizing design expenditures for Project 214 in 2020, and create capital Project 226? COMMITTEE: LAND USE AND TRANSPORTATION COMMITTEE MEETING DATE: March 2, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution [I Other STAFF REPORT BY: Sarah Hamel, P.E_, Capital Engineering Manager DEPT: Public Works Attachments: Staff Report Options Considered: 1. Approve the proposed request to modify the Transportation Systems CIP. 2. Do not approve proposed request modify the Transportation Systems CIP and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: .L✓ '1. ( I']) Iso 20 T [ .»>in�rr,,i��:''` Ca ncil nitiuLlDate ;nn�il I ii initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed request to modify the Transportation Systems CIP to the March 17, 2020 consent agenda for approval. Mark Kop ' �„ CommitteeCha Hoang Tran, Committee Member Martin Moore, Committee Member PROPOSED COUNCIL MOTION: `I move to authorize staff to modify the Transportation Systems CIP. " (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 - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 2, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: FJ Walsh, P.E., Public Works Director Sarah Hamel, P.E., Capital Engineering Manager-25iL SUBJECT: Request to modify the Transportation Systems Capital Improvement Plan Financial Impacts: The cost to the City for the SW320th St Preservation Project was included within the approved budget under the Transportation Systems Capital Improvement Plan as Project 214. In accordance with the approved budget, this item is funded by an anticipated grant and motor vehicle fuel tax. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. The cost to the City for the S320th Flagpole Rehabilitation Project 226 was not included within the approved budget under the Transportation Systems Capital Improvement Plan. As proposed, this project will be funded through the Risk Fund with reimbursement potentially. This is replacement of existing infrastructure. No new cost associated with operations and maintenance are anticipated. Background Information: SW320th Street (l ld' Ave SW to 3rd Place SW) Preservation project grant application was submitted in May of 2018 but was not awarded in 2019. There is anticipated to be some contingency awards for construction, which is why Staff wants to complete the design so the project is "construction ready". While this project is included in the CIP, the expenditures were scheduled to occur in 2022. In order to complete the design, funding is requested to advance to 2020. Staff will return to Council Committee for grant acceptance, final design, and authorization to bid. Rev. 7/18 PROJECT ESTIMATED EXPENDITURES Design $49,000 2021 Construction $788,000 Construction Contingency $79,000 Construction Management $62,000 Total Project Costs $978,000 AVAILABLE FUNDING Federal Grant $577,000 Motor Vehicle Excise Tax (MN,'ET) $401.000 FY 2021) Total Available Budget $978,000 The S320th Flagpole Rehabilitation project will include installation of an in-kind replacement flagpole with a white powder coat finish utilizing the existing foundation. This configuration will accommodate the City owned flag. Other project components include restoration of the sidewalk panels, irrigation, landscaping and lighting. Staff" is requesting pennission to ihCt lla_,)ole immediately due Lo t_)i g_ lead tilne for fabrication. Staff intends to utilize the small works roster process to solicit pricing for the remaining items and therefore requests permission to skip the 30% and 85% design phase review. Staff will return to Council Committee for bid award for the small works contract. PROJECT ESTIMATED EXPENDITURES Engineering $ 37,500 Construction $ 90,000 Construction Contingency $ 13,500 Construction En-_ineeTing $ 9,000 Total Project Costs $150,000 AVAILABLE FUNDING Risk Funding* $150,000 Total Available Budget $150,000 *Reimbursement from the responsible party is being perused. Rev. 7/18 COUNCIL MEETING DATE: March 17, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TRANSPORTATION GRANT FUNDING APPLICATIONS M 5• ITE #:— POLICY QUESTION: Should the City Council authorize staff to submit the proposed grant applications for transportation projects? COMMITTEE: Land Use and Transportation MEETING DATE: March 2, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT Bi, It `Desiree Winkler, P.E., Deputy Director DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated March 2, 2020. Options Considered: 1. Authorize staff to submit the proposed grant applications for transportation projects. 2. Do not authorize staff to submit the proposed grant applications and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL:DIRECTOR APPROVAL: 2�'Zv12o CuAnittwjCaen nitiallDatc Initial/Date Initis to COMMITTEE RECOMMENDATION: "I move to forward Option 1 to the March 17, 2020 Council consent agenda for approval. " Mark Ko , Committee (!12111' Hoang " `l'an, Committee Martin Mo e, Committee Member Member PROPOSED COUNCIL MOTION: I authorize staff to submit the proposed grant applications for transportation projects. (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 - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 2,2020 TO: City Council VIA: Jins Ferrell,Mayor FROM• EJ Walsh,P.E., Public Works Director W, esiree S.Winkler. P.E.,Deputy Public Works Director SUBJECT: TRANSPORTATION GRANT FUNDING APPLICATIONS FINANCIAL BIPACTS: The match for the two preservation projects is proposed to funded from the 2021-2024 asphalt overlay program(Fund 102).The match for the Adaptive Signal Control, and Pacific Hwy Non-Motorized corridor is proposed to be funded from the 2021-2024 Capital Transportation Project funding made up of Real Estate Excise Tax(REET),Motor Vehicle Excise Tax(MVET), and Traffic Impact Fees. Operations and maintenance of these projects will be considered as part of the 2023-24 budget. BACKGROUND INFORMATION: This memorandum provides the Council with the current status of new grant funding programs for transportation improvement projects. Staff has evaluated all projects listed on the City's Six Year Transportation Improvements Plan (TIP) and concluded that the following projects will likely be competitive in the 2020 PSRC - STP/CMAQ Countywide funding cycle. Project(Funding Phase) Estimated Project Possible Grant Estimated City Grant Cost Funds Match SW 320th Street(1l` Ave SW—3r PI SW Preservation Project- (Construction) PSRC -Countywide $1,000,000 $500,000 $500,000 (Federal Funds) Military Road S (South City limits to S 3201h Street)Preservation Project (Design and Construction) $500,000 PSRC-Countywide $1,000,000 $500,000 (Federal Funds) Adaptive Signal Control—City Center—Phase B Various Signals City Center(Desi n and Construction) PSRC-Countywide $680,000 $600,000 $80,000 (Federal Funds) -------- Pacific Hwy Non-Motorized Corridor(16th Ave S—3041h Ave S—2881h Ave S) (Right-of-Way) PSRC-Countywide $680,000 $600,000 $80,000 (Federal Funds) .. ........_. __ __ ___ 5k COUNCIL MEETING DATE: March 17,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MIRROR LAKE PARK—PLAYGROUND REPLACEMENT POLICY QUESTION: Should the City issue a PO to KCDA for the supply and installation of Park Commission selected and Committee approved playground equipment for Mirror Lake Park? COMMITTEE: PRHSPSC MEETING DATE: March 10, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason H. Gerwen,Parks&Facilities Supervisor DEPT: Parks&Recreation Attachments: 1. Staff Report 2.Mirror Lake Playground Quote#1912-10388 Options Considered: 1. Approve the proposed award for the supply and installation of new playground equipment for Mirror Lake Park in the amount of$109,997.57 which includes 10% contingency to P1ayCreations, Inc. and authorize a PO be issued to KCDA. 2. Do not approve proposed award for the supply and installation of new playground equipment for Mirror Lake Park to P1ayCreations, Inc. and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 73S DIRECTOR APPROVA -z O "t mittC uix Tni ailC7ate lnitiamate Im[iallDate COMMITTEE RECOMMENDATION: I move to forward option 1 to the March 17, 2020 consent agenda for approval. ��` Comm' ee Chair Committee Memer Committee Member PROPOSED COUNCIL MOTION: "I move approval of an award for playground equipment to PlayCreations and authorize a PO to be issued to KCDA . " (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- 4/2019 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: 2/27/2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason H. Gerwen, Parks &Facilities Manager SUBJECT: Staff Report—Mirror Lake Playground Replacement Financial Impacts: The cost to the City for Mirror Lake Park playground replacement was not included within the 2019-2020 approved budget. As proposed,it will be funded by account#303-7100-132- 594-76-650(the parks CIP budget-playgrounds). Upon completion of the Mirror Lake Park playground replacement,future costs are unknown other than this playground will need to be replaced after its 12 — 20 year life span. Additionally, vandalism and graffiti and other repairs to keep the playground in safety compliance will create unknown future ongoing costs associated with operations and maintenance. Playground CIP Account(Current Balance): $263,513.00 Mirror Lake Playground Replacement(w/10% Contingency): $109,997.57, Playground CIP Account (Remaining Balance): $153,515.43 Background Information: Staff worked with the Parks & Recreation Commission in June of 2018 to select specific playground equipment to be installed at Wedgewood Park and Mirror Lake Park. Wedgewood Park playground equipment was completed in 2019 and we are in the final planning and purchase phase for the Mirror Lake Park playground. P1ayCreations,Inc.had the most support from commissioners,staff and the public based on the submitted proposals. The equipment selected includes: Playbooster system with multiple apparatus (a new big toy), Zip Krooz (unique two way zip line, similar to Town Square), and an arched two bay swing set. KCDA pricing and their pre-bid process was used for this equipment. Rev.7/18 landsca Mirror Lhs ake Park Ar� � ,+ 7 structures• �JIY)I�S Quote#1912-10388 Playground Consultant TO: APPROVAL SIGNATURE City of Federal Way 33325 8th Ave S. i Federal Way,WA 98003-6325. Jason Gerwen Parks&Facilities Manager signature 253835-6962 PROJECT LOCATION: print name Mirror Lake Park 915 5 315th St date PO# Federal Way,WA 98003 Date Lead Time Terms Quoted by December 18,2019 6 to 8 weeks see attached Chris Donahue 253.691.6847 uan[:i Model# 1 221292+ Arch Swing with Additional Bay,with(2)Slash-Proof Belt $ 5,350.00 Seats and(2)Full Bucket Seat,ProGuard Chain 1 194633B+ Double 50'ZipKrooz;innovated,engineered and manufactured by Landscape Structures in Delano. MN $ 24,400.00 Landscape Structures PlayBooster system w/Flex 1 1640758 Climber,Wooshwinder,Sunbeam Climber&more. $ 37,040.00 1 install Installation of Playground Equipment by manufacturers $ 20,586.50 certified installers. i KCDA Discount per contract 18-315 $ (5,242.59) Issue Purchase Order to: Send Purchase Order for Processing to: Sub Total $ 82,133.91 Landscape Structures,Inc. PlayCreation,Inc. attention:Misty Link attention:Chris Donahue Freight $ 5,699.02 601-7th Street South 2104 SW 152nd Street,ste 1 Delano,MN 55328-0198 Burien,WA 98166 Bond Fees $ 3,074.15 mistylink@playlsi.com chris@playcreation.com 206.932.5778 fax 763.972.5591 ����-_=-��== Sub Total $ 90,907.08 KCDA Purchasing Cooperative Issue Purdwase Tax 10.% $ 9,090.71 18639-80th Ave 5 Kent, A 98064-5550 on@kcda.org Grand Total $ 99,997.79 attention:Scott Elston selt__— _ f Itemized Quote Date: 12/12/2019 Rep Organization: PlayCreation, Inc Design No: 1762241-1 By:Chris Donahue Contact: Chris@playcreation.4om 1253.691.6847 Project: Mirror Lake Playground Location: Federal Way,WA PiayBoosterO (5-12 years) PHASE-1 Direct Bury Mixed Material UNIT TOTAL QTY NO. DESCRIPTION WEIGHT PRICE WEIGHT PRICE (lb) (US$) (lb) (KCDA) PlayBooster® Climbers Other 1 219509B GeoPlex Climber 72"Dk 101.0 1,555.00 Climbers W/Permalene Handholds 1 148432B Corkscrew Perm Handholds, 64"Dk DB 80.0 1,235.00 1 152907A Deck Link w/Barriers,Steel end panels 130.0 1,330.00 1 204176A Flex Climber w/Permalene Handhold 393.0 8,125.00 1 176079A Sunbeam Climber 118.0 1,705.00 Decks 1 152911C Curved Transfer Module, Left 48"Dk DB 279.0 2,795.00 1 121948A Kick Plate 8"Rise 13.0 115.00 4 111228A Square Tenderdeck 118.0 985.00 472.0 3,940.00 Enclosures 1 164092A Bongo Panel Above Deck 53.0 955.00 1 115223A Bubble Panel Above Deck 38.0 815.00 1 115253A Hole Panel 30.0 580.00 1 116244A Pipe Barrier Above Deck 51.0 595.00 1 115254A Storefront Panel 24.0 595.00 1 115227A Zoo Panel Above Deck 36.0 590.00 Posts 2 111404D 124"Alum Post DB 30.0 340.00 60.0 680.00 2 111404C 132"Alum Post DB 31.0 355.00 62.0 710.00 2 1114048 140"Alum Post DB 34.0 360.00 68.0 720.00 4 111404A 148"Alum Post DB 36.0 375.00 144.0 1,500.00 2 111404M 148"Steel Post DB 88.0 340.00 176.0 680.00 2 111404W 156"Steel Post DB 92.0 395.00 184.0 790.00 Slides 1 130798A Double Swirl Slide, 48"Dk DB 176.0 2,175.00 1 222708A WhooshWinder Slide,72"Dk DB1 346.0 4,855.00 Freestanding Play Signs 1 182503C Welcome Sign (LSI Provided), 5-12 24.0 0.00 SUMMARY CONCRETE FOOTINGS LABOR WEIGHT PRICE (cu-ft) (count) (rnan-hours) (lb) (KCDA) PlayBooster®(5-12 years)PHASE-1 39.1 24 50.5 3,058.0 37,040.00 ALL PHASES PlayBooster® 37.8 23 49.8 3,034.037,040.00 Total 39.1 24 50.5 3,058.0 37,040.00 Page 1 of 1 Itemized Quote Date: 12/12/2019 Rep Organization: PlayCreation, Inc Design No: 1762241-1 By:Chris Donahue Contact: Chrisftiavcr-ea[ion.Com 253.691.6847 Project: Mirror Lake Playground Location: Federal Way,WA Freestanding Play(2-12 years) rr" 77777 PHASE-1 Direct Bury Aluminum UNIT TOTAL QTY NO. DESCRIPTION WEIGHT PRICE WEIGHT PRICE (lb) NS$) (lb) (KCDA) Freestanding Play Swings 1 221292A 5"Arch Swing Frame 204.0 2,750.00 8' Beam Height Only 1 221293A 5"Arch Swing Frame 124.0 1,680.00 Additional Bay 8' Beam Height Only 2 174018A Belt Seat 8.0 125.00 16.0 250.00 ProGuard Chains for 8' Beam Height 2 176038A Full Bucket Seat 14.0 335.00 28.0 670.00 ProGuard Chains for 8' Beam Height SUMMARY CONCRETE FOOTINGS LABOR WEIGHT PRICE (Cu-ft) (count) (man-hours) (Ib) (KCDA) Freestanding Play(2-12 years)PHASE-1 11.3 6 13.0 372.0 5,350.00 Total Safety Zone Area=818 sq.ft. ALL PHASES Freestanding Play 11.3 6 13.0 372.0 5,350.00 Total 11.3 6 13.0 372.0 5,350.00 Page 1of1 Itemized Quote Date: 12/12/2019 Rep Organization: PlayCreation, Inc Design No: 1762241-1 By:Chris Donahue Contact: chris@plavcreation.com 1253.691.6847 Project: Mirror Lake Playground Location: Federal Way,WA Freestanding Play(5-12 years) PHASE-1 Direct Bury Aluminum UNIT TOTAL QTY N0. DESCRIPTION WEIGHT PRICE WEIGHT PRICE -- (Ib) (US$) (Ib) (KCDA) Freestanding Play Motion&More Fun 1 194663B ZipKrooz 50'w/Steel 1732.0 12,870.00 DBl 1 195507B ZipKrooz Additional Bay 50'w/Steel Posts 1312.0 11,530.00 DBl SUMMARY CONCRETE FOOTINGS LABOR WEIGHT PRICE (cu-ft) (r_otiint) (man-hours) (lb) (KCDA) Freestanding Play(5-12 years)PHASE-1 28.5 16 28.0 3,044.0 24,440.00 Total Safety Zone Area=2003 sq.ft. ALL PHASES Freestanding Play 28.5 16 28.0 3,044.0 24,440.00 Total 28.5 16 28.0 3,044.0 24,440.00 Page 1 of 1 4, s p. , J. '6 III r 4 .r r , w i 4 Terms of Sale PRICING: Landscape Structures' list prices do not RETURN POLICY:As an indication of our commitment include delivery and handling charges.Prices are subject to our customers, Landscape Structures will accept to change without notice, returns of new structures and/or new equipment TERMS: To tax-supported institutions and those with purchased within 60 days of the original invoice date. established credit: net 30 days from the date of the Advance notification is necessary to ensure proper invoice.1.5% per month thereafter; freight charges are credit.Parts not included in this return policy are custom prepaid and applied to the invoice. parts (including PlayShaperO posts), as well as used or damaged parts. A 20% restock fee plus all return TAXES:Landscape Structures'list prices do not include freight charges will apply to all product returns. NOTE: applicable taxes,if any. All parts are subject to inspection upon return. Parts WEIGHTS:Weights are approximate and may vary. returned damaged may not receive a full credit.For this reason,it is important that all returned parts are properly DELIVERY: If delivery of the equipment is by common packaged to prevent damage while in transit. carrier, and there is damage or a shortage, notify the carrier at once and sign delivery documents provided PRODUCT CHANGES: Because of our commitment to by the carrier noting the damage or shortage. Most safety, innovation, and value, we reserve the right to products are delivered on large pallets and will require change specifications at any time. a forklift or similar equipment to unload as a unit on PLEASE CONTACT US AT: the site. Landscape Structures Inc. INSTALLATION: All playstructures and/or equipment 601 7th St.South are delivered unassembled and packaged with recyclable Delano,MN 55328-8605 materials. For a list of factory-certified installers in 888.438.6574(inside the U.S.A.) your area, please contact your Landscape Structures 763.972.5200(outside the U.S.A.) playground consultant. playlsi.com SERVICE:We have knowledgeable,qualified playground consultants throughout the world who are available to help you before, during and after the sale. Landscape Structures has exclusive design software that features all of our parts and pieces in pull-down menus. With this software,your playground consultant can design a playground layout that meets not only your needs, but ASTM and CPSC standards as well.In addition,we have landscape a full staff of NPSI-certified designers,along with 2D and 3D drawing capabilities and custom capabilities to assist structuress you with your playground plans. 601 7th Street South • Delano, AN 55328-8605 • 888.438.6574 • 763.972.5200 • Fax 763 972.3185 • playlsi.com #253306 02019 Landscape Structures Inc Printed in the U S.A. All rights reserved. #765-2114 ... ............. - _ _ ------------------- _ ......... _......._-_ 51 COUNCIL MEETING DATE: March 17,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2020 HUMAN SERVICES COMMISSION WORK PLAN POLICY QUESTION: Should the Council approve the 2020 Human Services Commission Work Plan? COMMITTEE: Parks, Recreation,Human Services, and Public Safety MEETING DATE: March 10, 2020 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Brld eford, Community Services Manager DEPT: Community Development Attachments: 1. 2020 Human Services Commission Work Plan. Options Considered: 1. Approve the proposed 2020 Human Services Commission Work Plan. 2. Do not approve proposed 2020 Human Services Commission Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL es DIRECTOR APPROVAL:2.1271Zol-& Co nllteC counc' Initial/Date lmtial:'I]ate LnihaUl atc COMMITTEE RECOMMENDATION: I move to forward the proposed 2020 Human Services Commission Work Plan to the March 17, 2020 consent agenda for approval. C'omiiiittee Chair 7 l 1111; 1C Nien her Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2020 Human Services Commission Work Plan." (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- 4/2019 RESOLUTION# C� O O O O O O O O ., ., w O O U U U U U U U U cn Lo '. °� °� � °� X23 °23 Q M-4 cn U� V1 C/] V U U V1 Ln od ea Cd d al o w N P-4 P" U CO3 uO EnO Py O v p cn N ¢ a) P.4 V] U U wn u 00 x w ISI bb0 w O U Pi cz N j P- Q N co un yasO W 0 C/] x u cz O O N I--I .9 to N O N �N Pte- P; P4 U P: o � HUMAN SERVICES COMMISSION 2020 WORK PROGRAM 1. 2019 CAPER The Consolidated Annual Performance and Evaluation Report (CAPER) documents performance on the activities and projects undertaken and completed in the previous program year under the CDBG program. The CAPER is completed and submitted to HUD not later than March 31. The Commission will hold a public hearing and make recommendations to City Council at the February meeting. 2. Prepare for the HSGF/CDBG Public Services Grant Process The Commission will review the HSGF/CDBG Public Services Rating Tool. Recommended changes will be incorporated. The Commission will participate in trainings to be prepared to evaluate applications. 3. Program Update Commission will review quarterly performance and program updates. Updates will include a snapshot of services provided via the Human Services General Fund grants. 4. Review HSGF/CDBG Public Services Applications Commission will review and evaluate complete, on-time applications for the City's Human Services General Fund and Community Development Block Grant(CDBG) Public Services. 5. CDBG Capital Application Process The Commission will review all eligible applications. The Commission will make recommendations to City Council for consideration and action as part of the Con Plan approval process, which as noted above includes the 2020 Annual Action Plan. 6. Public Hearing for the 2021 Annual Action Plan The Commission will hold a public hearing on the 2021 Annual Action Plan for the Community Development Block Grant(CDBG)program. The Annual Action Plan will incorporate funding recommendations made by the Commission. 7. Agency Visits The Commission engages in site visits of agencies that are serving Federal Way residents, whether the programs are currently funded or not. Agency visits include presentations to the Commission at regular meetings and Commission visits to the agency offices. Agency visits help the Commission develop a deeper understanding of both the services provided by individual agencies and the human services delivery system as a whole. Commissioners prioritize which programs they want to hear from or visit. Agency visits do not occur during the open grant application or grant evaluation periods. 8. Debrief HSGF/CDBG Public Services Grant Process The Commission will discuss the grant process including the questions included in the Common Application (SharelApp). The Commission may consider adding supplemental questions for the next funding cycle. 9. Debrief CDBG Capital Application Process The Commission will discuss the grant process and identify any potential questions or areas to be changed in future cycles. 10. Recommendations for 2019-2020 HSGF Grants to City Council Present funding recommendations for the Human Services General Fund grants to City Council. 11. Prepare the 2021 Human Services Commission Work Plan Commissioners work with staff to prepare the 2021 Human Services Commission Work Plan. COUNCIL MEETING DATE: March 17,2020 ITEM#: 5m .................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2020-2021 DIVERSITY COMMISSION WORK PLAN POLICY QUESTION: Should the Council approve the 2020-2021 Diversity Commission Work Plan? COMMITTEE: Parks, Recreation,Human Services, and Public Safety MEETING DATE: March 10, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Brideford, Comm. Svc.Mgr. DEPT: Community Services Attachments: 1.2020-2021 Diversity Commission Work Plan. Background: At their November 11, 2019, meeting the Diversity Commission voted to recommend approval of its 2020-2021 Work Plan. The plan outlines specific goals and activities that the Commission intends to follow to focus their annual efforts. The plan includes continuing a leadership role for the MLK Celebration, Flavor of Federal Way, and other established Commission projects. Options Considered: 1. Approve the proposed 2020-2021 Diversity Commission Work Plan. 2. Do not approve proposed 2020-2021 Diversity Commission Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. On MAYOR APPROVAL: in�' �o _ ' ( _ ) o DIRECTOR APPROVAL: �`� 2,1�2, IA0' 2p t• C' nc,1 Initial/Date (/ Initial/Date Initial/Date COMMITTEE RECOMMENDATION:I move to forward the proposed 2020-2021 Diversity Commission Work Plan to the March 17, 2020 consent agenda for approval. 01 a-`L.. . ,,.. Com ittee Chair Comrnitte Nlember Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2020-2021 Diversity Commission Work Plan." (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- 4/2019 RESOLUTION# City of Federal Way Diversity Commission City of Federal Way Diversity Commission 2020-2021 Work Plan Diversity Commission 12020-2021 Work Plan I Page 1 of 5 City of Federal Way Diversity Commission OUR VALUES: 1) Helpfulness Expect commissioners to be willing to assist others and to help improve our community by: • Current commissioners provide welcoming one-on-one access for new commissioners through an initial meet and greet with new commissioners outside of official meeting; • Identifying team strengths and each other's passions; • Supporting community-oriented diversity programs through awareness and development. 2) Responsibility Maintain a high level of commissioner accountability to each other,the City government and to our diverse community through: • Civility; • Sharing the workload; • Transparency; • Mutual trusting that intent is genuine; • Verifying that commitments are fulfilled; • Listening and participating at community events and meetings; • Communication with the City's elected officials, as directed by City Ordinance. 3) Involvement Encourage high level of participation with others in decision-making and problem-solving: • Support involvement through attendance & participation in the Diversity Commission meetings and at Commission events; • Participate in subcommittees; • Encourage input during meetings through a philosophy that"no comment or idea is unimportant"; • Commissioners shall align their individual priorities to the Diversity Commission's mission. 4) Wisdom The Commission shall consider its larger context within Federal Way and the long-range impact on our community in making strategic decisions by: • Adventure and New Approach—take new risks that lead to better/redefined best practices; • External Resources—look to regional-and national-level environments for knowledge; • Community Awareness and Insight—intentionally seek an understanding of community concerns and community knowledge; • Commission Intelligence—seek added value within "us"-the Commission; • Mayor/Council Knowledge& Understanding—Communicating with elected officials, seeking their wisdom. Diversity Commission 12020-2021 Work Plan I Page 2 of 5 City of Federal Way Diversity Commission OUR MISSION: To advise or support City government to ensure Federal Way is a community that is united amidst diversity, where everyone is equally respected,valued, needed, and cherished. Equality is not sameness; it is equivalent value. BRAND PROMISE: The Diversity Commission is dedicated to helping Federal Way become a city where all people have a feeling of belonging and sharing community,where there is equal access to information and resources for all, and where there are equal opportunities for all. TWO-YEAR STRATEGIC OBJECTIVES: The City of Federal Way Diversity Commission shall engage with Federal Way residents and businesses at the neighborhood level during the next two years.The intention is to build the Commission's knowledge about local and regional equity issues facing our city's residents. We will document this knowledge and use it to achieve our mission. Diversity Commission 12020-2021 Work Plan I Page 3 of 5 City of Federal Way Diversity Commission City of Federal Way Diversity Commission 2020-2021 Work Plan 1) The Diversity Commission will gather input from the community regarding equity and diversity issues in the City;thus, building the Commission's understanding and focusing future work plans to address these issues. The commission shall partner with community groups and other orginizations to host community forums outside of scheduled Diversity Commission Meetings. In each case,the issues and suggestions shall be compiled and reported upon. • A sub-committee will be established to achieve this objective. • Commissioners will work with City staff,community groups, and other organizations to coordinate the logistics of the Forums,which includes the following: schedule venues, promote,and facilitate the Forums. • Commissioners will at least have one every six months, but not limited to two per year. • A basic set of general questions will be established to assist in guiding the conversation.The survey will allow the community to provide feedback on diversity and equity issues. • Outside of the structured fourms,the Commission will use community and city events to gather feedback from community members. • The Commission shall capture and compile the comments raised during each Forum. • The Commission will compile and evaluate all information gathered. • The Commission will develop a draft version of the Report of Findings,which summarizes the efforts, acknowledges the partnerships, draws conclusions (coupled with the basis for determination)concerning issues raised, and creates strategies and actions that the Diversity Commission could implement that would further the Commission's mission and address the issues raised. • The Commission and partner groups/organizations shall review the drafted Report of Findings and provide comment. • Forward the final report to the Mayor and the City Council for consideration. 2) The Diversity Commission will remain visible and relevant to all members of the community through its participation and/or sponsoring of events and activities that promote the mission and purpose of the commission. • Take a leadership role in the Martin Luther King Jr. Celebration,to be held in January 2020 and 2021. • Coordinate and participate in the Martin Luther King Jr. Food Drive (January). • Schedule and deliver the Federal'Way Elementary School Book Drive,which includes the purchase of multi-cultural books that would be read to students by local leaders and volunteers(March). Investigate ways to align this effort with the digital platform that Federal Way Public Schools(FWPS) is implementing. • Participate in the Multi-Cultural Nights at schools and other local venues. • Coordinate or participate in a City-wide multi-cultural event that celebrates the community's cultural diversity. • Sponsor and partner with local community organizations. Diversity Commission 12020-2021 Work Plan I Page 4 of 5 City of Federal Way Diversity Commission 3) The Diversity Commission will visit or invite to its meetings individuals,groups or organizations engaged in work the Commission is charged to carry out. • The Commission will provide time on their agenda for agency presentations and/or reports from Commissioners visiting an agency. 4) Provide time on the agenda for potential action or gain awareness on timely local, regional, state,and federal trends and activities pertaining to equity and diversity initiatives. • Receive briefings from Commissioners and/or the City staff on participation, activities, and actions taken while representing either the City of Federal Way or South King County. • Convene a gathering of local and regional commissions whose mission aligns with the Diversity Commission,with the purpose of building relationships and gaining awareness of the diversity and equity work accomplished in the region. Diversity Commission 12020-2021 Work Plan I Page 5 of 5 COUNCIL MEETING DATE: Ma.........................rch 17, 2020 ITEM#: 5 � ...... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2019 PROGRAM YEAR CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) POLICY QUESTION: Should the City Council approve the 2018 Program Year Consolidated Annual Performance and Evaluation Report(CAPER)? COMMITTEE: Parks,Recreation,Human Services&Public Safety MEETING DATE: March 10, 2020 CATEGORY: ® Consent ❑ Ordinance © Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford DEPT: Community Development Attachments: 1. Staff Report 2. 2019 Consolidated Annual Performance and Evaluation Report Options Considered: 1. Approve the proposed 2019 Consolidated Annual Performance and Evaluation Report. 2. Do not approve the proposed 2019 Consolidated Annual Performance and Evaluation Report and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: Z 21 _Zd2p C'o mince ('a 1 Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION:I move to forward the proposed 2019 Consolidated Annual Performance and Evaluation Report to the March 17, 2020 consent agenda for approval. "lob CA-.- Committee .hair Com rrlitte Meier Committee Member PROPOSED COUNCIL MOTION: "I move approval of 111C proposed 2019 Consolidated Annual Performance and Evaluation Report." (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- 4/2019 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: February 25, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager SUBJECT: 2019 Consolidated Annual Performance and Evaluation Financial Impacts: There is no cost to the City associated with the submittal of the 2019 Consolidated Annual Performance and Evaluation Report. Background liforniation: In 2011,the City of Federal Way became a Community Development Block Grant(CDBG) entitlement community and adopted its first Consolidated Plan for the 2012-2016 program year period. In August 2014, the City was informed by the U.S. Department of Housing& Urban Development(HUD)that the City should begin to plan for use of the CDBG funding with King County because the City is part of the HOME Consortium, which led to the adoption of a new Consolidated Plan for the 2015-2019 program year period. The Consolidated Annual Performance&Evaluation Report(CAPER)informs HUD on how the City utilized CDBG funds to meet various goals.The CAPER is required for each year of the Consolidated Plan program period. The 2018 CAPER is for the fourth program year of the Consolidated Plan program period. The Human Services Commission considered the 2019 CAPER at its regular meeting on Monday, February 24, 2020, and voted 8-0 to recommend approval of the CAPER. In 2019,the City expended$793,671 in CDBG funds to support entrepreneurs in developing their businesses, provide employment and education opportunities for residents, offer housing repairs to help residents keep their homes in safe, livable conditions, provide eviction prevention, and assist persons with disabilities in living independently. Over the course of the program year, 397 Federal Way residents benefited directly from the CDBG funds. CDBG funds supported: • five completed home repairs with three still in process; • eight business starts; • two business expansions; • technical assistance to 20 potential businesses; Rev.7/18 • the acquisition of a single-family home for transitional housing for families experiencing homelessness; • 221 persons with disabilities in accessing classes to help them live independently; • Homelessness prevention for 92 persons; • Employment training and placement services for 55 persons resulting in 38 job placements; and • Critical care for two drug-exposed infants. Rev.7/18 v � v o L a v r4 U O O 4] m I +, 6 C 4- 3 C 00 N O a) U m cam.) 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E o < i LA = / / § < ' e CL CL 0 o = ® V) E \ \ , � / / \ e 5 2 ) p CL/ % § e \ E C) f / / E § CUk % m \ t ° R f 7 p = e .@ u 'e t 3 2 2 / E / / 2 / 2 Ems • ® : - E o " % I k © t S e 2- E % E k / / / / / \ / 0 0 / - C \ k f % § •� 2 2 3 / E E e / ƒ f § \ 3 E ƒ C % f ƒ \ 1 4 k \ \ \ E f e k Ln � § ' -0 ® w o 0 c / / 2 $ 0 d 3 ® § 0} -0 cu 4-1 / > CA 0 / / : 3 : / \ CL e \ 2 f / \ $ u u CL :F_ •\ f / 3 / c < 2 k E 7 f E « S § ) 2 3 o c - / Q ) / ƒ \ 0 CL § '� 2 / k / \ / / k \ 2 j E E / 3 u $ 2 m f e / E a w$ E \ § \ 3 § § 2 2 \ a / ƒ $ < / g 5 J 0 § f / / q -0 \ 14 q -0 9 � 0 m ° k 0 k CL / / C � CL C 2 2 s 9 7 gci o -0 k = _ > # 3 2 § =/ 2 /- W & aj 2 ƒ \ § # S o u u 3 E 2 'g / t / d 0 0 2 ~ ° ® § 0 k / � < LU 3 2 & u z § = 2 ƒ { / 41 ~ 3 0 o « # co k \ 3 : 3 & 3 k 0 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) i CDBG White 238 Black or African American 80 Asian 15 American Indian or American Native 4 Native Hawaiian or Other Pacific Islander 10 Total 347 Hispanic 31 Not Hispanic 316 Table 2—Table of assistance to racial and ethnic populations by source of funds Narrative During the program year, CDBG funds assisted 397 persons.The demographic breakdown is: • 60%of the population was White; • 20%of the population was Black or African American; • 4%of the population was Asian; • 1%of the population was American Indian/Alaskan Native; and • 3%of the population was Native Hawaiian or Other Pacific Islander. The racial categories listed above do not include all of the racial categories that are tracked by subrecipients in compliance with the racial categories that HUD requires programs to track. For example, programs track Other/Multi-racial, Black/African American AND White, etc. CAPER 5 OMB Control No:2506-0117(exp.06/30/2018) CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Amount Expended Available During Program Year CDBG public-federal 145,732 793,671 General Fund public- local 536,000 536,000 Table 3-Resources Made Available Narrative The City expended about 55%of its available CDBG resources during the fifth program year of the consolidated plan (2019). The resources made available included program income.The City received the following program income during the program year: In 2013,the City utilized funds for a Microenterprise Business Loan program to expand economic opportunities. A loan of$18,500 was awarded to Universal Cartridge LLC for equipment purchase. During the 2019 program year,the City received loan payments totalling$4,830.93 including the final payment on the loan.These funds were used to support the City's CDBG program via funding of eligible activities. Identify the geographic distribution and location of investments Target Area Planned Percentage of Actual Percentage of Narrative Description Allocation Allocation Table 4—Identify the geographic distribution and location of investments Narrative Most of the City's CDBG funding during the Program Year was Citywide except for the following: Code compliance,which focuses on block groups that have 51%or more low-and moderate- income residents, are primarily residential, and show signed of deterioriation; and • Highline's StartZone Program, which served residents from the Neighborhood Revitalization Strategy Area. CAPER 6 OMB Control No:2506-0117(exp.06/30/2018) Leveraging Explain how federal funds leveraged additional resources(private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. In addition to the City's general fund grants,the City was able to leverage $215,654.20 in private, state, and local resources. There is no publicly owned land or property located within the jurisdiction that was used to address the needs identified in the plan. CAPER 7 OMB Control No:2506-0117(exp.06/30/2018) CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served,the number of extremely low-income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 1 1 Number of Non-Homeless households to be provided affordable housing units 0 0 Number of Special-Needs households to be provided affordable housing units 0 0 Total 1 1 Table 5—Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 20 29 Number of households supported through The Production of New Units 0 0 Number of households supported through Rehab of Existing Units 98 5 Number of households supported through Acquisition of Existing Units 1 1 Total 119 35 Table 6—Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. There is a planned rehab project with Multi-Service Center Villa Capri, an affordable housing complex. Due to unexpected cost increases and delays in contractor selection,the project is not slated to begin work until February or March of 2020, at which time the City expects to see accomplishment of this goal. CAPER 8 OMB Control No:2506-0117(exp.06/30/2018) Additionally,the City and Habitat for Humanity(a subrecipient), offer homeowner repair programs. Due to delays in receipt of the grant agreement and availability of funds, the City's repair program has several projects started in 2019 that are slated to complete in 2020. Habitat's program is restructing program income earned when homeowners repay the 0% interest loan.The start of the program was delayed as a result as the City works with Habitat on new legal documents to return the program income to the City. Discuss how these outcomes will impact future annual action plans. As the funds were allocated for the above projects and there is not a plan to provide additional funds for the delayed projects, there is no anticipated impact on future annual action plans. The City is committed to affordable housing opportunities for residents and will continue to invest in the preservation of existing housing. For CDBG,this is investment is especially for low-and moderate-income owner-occupied homes.The City will continue to work with agencies to ensure needed services are available and to seek out additional resources. In 2019,the City took advantage of a new revenue source made available by the Washington State Legislature authorizing cities to recapture a portion of the existing sales tax.This will generate revenue that can invest in the preservation or creation of affordable housing. Future CAPERs will include projects to address preservation of affordable housing and services to help residents remain in,their housing. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 34 0 , Low-income 0 0 Moderate-income 0 0 Total 34 0 Table 7—Number of Households Served Narrative Information 100%of funds are used to support low-and moderate-income households. CAPER 9 OMB Control No:2506-0117(exp.06/30/2018) CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City invested $42,000 in outreach to persons experiencing homelessness through the City's Human Services General Fund (HSGF) supported projects.These projects included street outreach by mental health professionals and a community day center.Through these two services, 707 individuals received services. In addition,the City, including the Police Department, partners with currently unfunded outreach teams from two additional agencies to work with individuals to connect them to services.The City also funds and supports Crisis Connection's 2-1-1, which provides critical information and referral services, many of which are related to homelessness.While many residents call 2-1-1 directly, City staff also provide information on resources by telephone and in person when individuals request services. Staff talk with residents to assess their needs and make appropriate referrals to local nonprofits. Addressing the emergency shelter and transitional housing needs of homeless persons The City annually provides general funds to support a variety of human services programs. During the Program Year,the City expended $70,000 in general funds to programs providing shelter and transitional housing to 521 individuals and 214 households.This included 6,718 shelter bed nights, and 2,586 bed nights of transitional housing.The programs funded included Catholic Community Services Reach Out, Hospitality House, Kent Youth and Family Services Watson Manor, and Multi-Services Center Shelter and Transitional Housing.The City funded Mary's Place with$17,000 to help families experiencing homelessness avoid entering the shelter system by accessing housing. Additionally,the City coordinated and planned a severe weather shelter in partnership with churches, Catholic Community Services, service providers, and many residents to provide shelter during inclement weather. While it did not operate in 2019, the planning process to get the shelter ready to go took place during the program year. The City also received $100,000 from the State of Washington to support family shelter. $32,518 was used to support a feasibility study of siting a shelter in Federal Way. FUSION, a local nonprofit, completed the study on a potential site, of which they received additional funds from the State and King County to acquire. FUSION plans to open the shelter in 2020.The remainder of the funds, $67,482 was used to provide hotel stays to 15 families living on the streets and help them access services and housing. Despite operating for less than three months, 5 of the families were able to attain permanent housing. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after CAPER 10 OMB Control No:2506-0117(exp.06/30/2018) being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City invested Human Services General Fund (HSGF) grants in three programs dedicated to providing financial assistance to help stabilize individuals and families and prevent them from becoming homeless. With $54,000,the three programs served 515 households with 1,551 individuals.Additionally,just under $32,000 of CDBG Public Services funding was used by the Multi-Service Center to stabilize households comprised of 92 individuals with rental assistance. While not as direct as rental and utility assistance, many programs funded by HSGF provide other types of services that can offset costs and increase stability for residents.These programs include childcare, afterschool programs, employment and education programs for youth and adults, counseling, legal assistance,food assistance, and many others.These services provide a critical safety net addressing the many and unique needs experienced across the community. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again All of the shelter services, day center services,transitional housing, and outreach services mentioned above work closely with persons experiencing homelessness to transition to permanent housing.The street outreach programs, day center services, and single adult shelters encounter many chronically homeless persons and strive to build relationships and trust with the individuals to facilitate service access. Services include case management, goal setting, moving to permanent housing, access to services such as counseling, substance abuse treatment, and referrals to address many other needs.The City funds a variety of services designed to work with different types of households experiencing homelessness including young mothers, individuals, and families. While rent assistance providers do not report on the number of households assisted that were previously homeless,their services are critical in preventing homelessness and likely reach at least some people who previously experienced homelessness. CAPER 11 OMB Control No:2506-0117(exp.06/30/2018) CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City is within the jurisdiction of the King County Housing Authority (KCHA). KCHA owns three public housing developments, one subsidized housing property, and two moderate-income apartment complexes, one of which was newly acquired in 2019. The City worked collaboratively to address the needs of public housing by advocating for and investing in affordable housing stock, providing supportive services to prevent homelessness (reducing the number of people who need to seek other housing options such as public housing), and staffing a number of committees that directed funds to organizations managing affordable housing stock. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership King County Housing Authority (KCHA) actively works to increase resident involvement through a number of mechanisms to collect feedback and develop opportunities for residents.These efforts include the Resident Advisory Committee comprised of residents in a variety of KCHA programs.The Committee meets regularly to provide feedback to KCHA and input to develop better policies and procedures that impact residents.The Committeee meetings are open to the public. As a highly functioning entity that is separate from cities, KCHA does require or need city involement to increase resident involvement.The City is not in a position to directly impact resident involvement, but does seek partnership with KCHA to seek resident involvement on City projects. Actions taken to provide assistance to troubled PHAs King County Housing Authority (KCHA) is a high performing public housing authority (PHA) and not considered a troubled PHA. CAPER 12 OMB Control No:2506-0117(exp.06/30/2018) CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City is researching and analyzing several potential changes, however no action was taken in 2019. The City is continuing evaluation and discussion in 2020 and engaging in the development of a Housing Action Plan (HAP), including an assessment and development of strategies.The development of the HAP will include public outreach. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) City staff have worked to support smaller, community based organizations with additional focus on organizations led by people of color.This includes the ongoing investment in the Parallell Application pilot. Additionally staff has engaged in the Governing for Racial Equity and Inclusion (GREI) and the quarterly regional consultation with refugee resettlement agencies.The focus of the groups ranges from direct services to policy level work and education. During the Program Year,the City utilized CDBG to fund three public services programs that meet the needs of underserved communities: ® Inclusion Program received $29,000 to provide 221 persons with disabilities scholarships to take multiple life skills classes that prepare them to live independently; Employment Services Program offered by Orion received $10,000 to assist three persons with disabilities with job readiness and placement assistance, all three of whom were placed in jobs by the end of the year; and • Pediatric Interim Care Center received $10,000 to provide health services to drug-exposed infants from Federal Way. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) All housing rehabilitation projects complied with the lead-based paint requirements.As appropriate, City staff provided information concerning lead hazards to our project beneficiaries. We require subrecipients working on housing related capital projects comply with lead-based paint requirements and provide information to all tenants and homeowners impacted by their projects. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) During the Program Year,the City provided $16,000 from HSGF to three programs providing employment and education programs designed to assist residents in increasing income and stability.The CAPER 13 OMB Control No:2506-0117(exp.06/30/2018) City also provided $30,848 for three public services programs that provide employment assistance and educational programs.Two of the programs underspent on funds, but met performance targets providing increased opportunity to residents to improve income. Highline Community College received $30,000 in CDBG funds to assist clients with technical assistance that resulted in one new business, one existing business, and eighteen potential businesses. Highline's program looked different this year and was provided to residents of the approved Neighborhood Revitalization Strategy Area (NRSA) in North Federal Way. The goal is to create economic opportunities for individuals in the community. The City continues to look for opportunities to partner with nonprofits and community organizations to apply for implementation grants to increase economic opportunity for its residents.This included the development of a legislative ask to pursue a feasibility study for a youth and young adult resource center that would help connect young people in Federal Way to educational and career opportunities. This addresses one need identified as youth in the community have lower educational attainment and engagement and lower rates of employment. Community Services staff presented at an economic development meeting on potential ways to partner with the City relating to the Community Reinvestment Act, seeking support for programs that focus on debt reduction, asset building, and career pathways so that residents can improve their economic situation and increase income. While not a mechanism of reducing the number of poverty-level families, the City continues to be dedicated to preserving affordable housing and providing stabilizing services such as rent assistance. Many projects funded with HSGF and CDBG preserve affordable housing orprovide rent and utility assistance to keep households in stable housing. Actions taken to develop institutional structure. 91.220(k); 91.320(j) City staff participated in a partnerhsip with the City of Kent to continue the Parallel Human Services application process for 2019-2020 awarding$15,000 per year.The opportunity is designed to address needs of and provide funding to organizations serving under-funded, under-represented, and under- served residents. City staff have participated in sub-regional conversations to address homelessness by addressing gaps in services in South King County. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) The City is an active participant in the South County Human Services Planners (SKCHS) group. SKCHS is comprised of local planners, social service agencies, human services organizations, and public housing authority staff.The purpose of the group is to coordinate efforts to ensure relevant and culturally appropriate human services are made available to those most in need within the region.The City staff CAPER 14 OMB Control No:2506-0117(exp.06/30/2018) will continue involvement with the SKCHS to improve the coordination between public and private housing and social service agencies. The City coordinates housing services through its investment, communication,and networking with funded and non-funded organizations. City staff sit on a number of committees to coordinate, promote, develop services for people experiencing homelessness and address affordable housing.These efforts include the staff workgroup for the Affordable Housing Committee. CAPER 15 ❑NIB CGrArol No 2506-0117(exp,06/30/2018) CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements During the Program Year, all CDBG Public Services programs received desk monitoring and some had onsite monitoring. While most of the programs were meeting goals and maintaining required documentation, recommendations about processes were recommended as a result of the monitoring. There were no findings or reduction/elimination of sub-recipient funding as a result of the monitoring. Monitoring of all CDBG projects and activities was conducted on a frequent basis throughout the Program Year.The Public Services activities were monitored in terms of outcomes, goals, and supporting documentation. Reports were reviewed to ensure that contract targets were being met, demographic information was being collected, and expenditures were reviewed.The remote monitoring of invoices submitted for payment and quarterly reports did not reveal any instances of non-compliance.The City monitored every project as part of the City implemented Housing Repair Program. Every project file was thoroughly examined. Individual project sites were visited at the scope development phase and during various phases of construction. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. The CAPER's Notice of Public Comment Period was advertised in the City's Newspaper of Record. Citizen comments and suggestions are being encouraged regarding development of the Program Year CAPER during the 30-day public comment period that began Friday, February 14, 2020 and will end Tuesday, March 17, 2020. Citizen comments were encouraged for submission via telephone, letters, email, in person, and mail. The draft CAPER was emailed to many agencies and community partners. A public hearing regarding the CAPER will be held at the February 24, 2020 Human Services Commission and the City Council meeting on March 17, 2020. The CAPER is posted on the City's website at www.cityoffederalway.com during the public comment period. A hard copy of the CAPER is made available at City Hall and both public libraries in Federal Way. CAPER 16 OMB Control No:2506-0117(exp.06/30/2018) No public comments were received to date. CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. There were no changes in the City's program objectives.The City does not anticipate major changes in programs. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. CAPER 17 OMB Control No:2506-0117(exp.06/30/2018) CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. There were no changes in the City's program objectives.The City does not anticipate major changes in programs. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. CAPER 18 OMB Control No:2506-0117(exp.06/30/2018) •;_'i{•.'-Irl nnrir inir:{:,;:in,nr;_!r-.nd Lveiap:;7r„nC ;')ATE.: !'i _i -?D I.S.P jjp<rrl.m ru. )i ir+i.u,irr.t,.,";.'Urban Devekpikerd Ir,t�­,;:j_,=,1 Lic[,LJ;SU:-riefAand Infuruwdon Syst ri i PAGE: H 2%,•CDSG Finandat Summary ReWrt fyFN 1c M Yedr 2019. FEDERAL WAY,WA WOE " PART I: SUMMARY OF CDBG RESOURCES 01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 754,758.53 02 ENTITLEMENT GRANT 691,143.00 03 SURPLUS URBAN RENEWAL 0.00 04 SECTION 108 GUARANTEED LOAN FUNDS 0.00 05 CURRENT YEAR PROGRAM INCOME 4,830.93 05a CURRENT YEAR SECTION 108 PROGRAM INCOME(FOR SI TYPE) 0.00 06 FUNDS RETURNED TO THE LINE-OF-CREDIT 555.90 06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 0.00 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE 0.00 08 TOTAL AVAILABLE(SUM,LINES O1-07) 1,451,288.36 PART II: SUMMARY OF CDBG EXPENDITURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 446,028.86 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 0.00 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT(LINE 09+LINE 10) 446,028.86 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 129,224.44 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 218,417.22 14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES 0.00 15 TOTAL EXPENDITURES(SUM,LINES 11-14) 793,670.52 16 UNEXPENDED BALANCE(LINE 08-LINE 15) 657,617.84 PART III:LOWMOD BENEFIT THIS REPORTING PERIOD 17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 0.00 18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING 0.00 19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 446,028.86 20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT 0.00 21 TOTAL LOW/MOD CREDIT(SUM,LINES 17-20) 446,028.86 22 PERCENT LOW/MOD CREDIT(LINE 21/LINE 11) 100.00% LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY)COVERED IN CERTIFICATION PY: PY: PY: 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 0.00 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 0.00 26 PERCENT BENEFIT TO LOW/MOD PERSONS(LINE 25/LINE 24) 0.00% PART IV: PUBLIC SERVICE(PS)CAP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 95,551.00 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 0.00 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 0.00 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS 0.00 31 TOTAL PS OBLIGATIONS(LINE 27+LINE 28-LINE 29+LINE 30) 95,551.00 32 ENTITLEMENT GRANT 691,143.00 33 PRIOR YEAR PROGRAM INCOME 16,076.71 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 0.00 35 TOTAL SUBJECT TOPS CAP(SUM,LINES 32-34) 707,219.71 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES(LINE 31/LINE 35) 13.51% PART V: PLANNING AND ADMINISTRATION(PA)CAP 37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 129,224.44 38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 0.00 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 25,000.00 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 0.00 41 TOTAL PA OBLIGATIONS(LINE 37+LINE 38-LINE 39+LINE 40) 104,224.44 42 ENTITLEMENT GRANT 691,143.00 43 CURRENTYEAR PROGRAM INCOME 4,830.93 44 ADJUSTMENT TO COMPUTE-TOTAL SUBJECT TO PA CAP 0.00 45 TOTAL SUBJECT TO PA CAP(SUM,LINES 42-44) 695,973.93 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES(LINE 41/LINE 45) 14.98% LINE 17 DETAIL:ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 Report returned no data. LINE 18 DETAIL:ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report returned no data. LINE 19 DETAIL:ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 voucner mdmx iratronai Plan Year IDIS Project IDIS Activity , _ Activity Name �� may. . MR Drawn Amount 2018 13 190 6318541 FUSION Transitional Housing 2018 01 LMC $150,000.00 01 Matrix Code $150,000.00 2019 3 182 6345844 Federal Way Community Center Inclusion Program 05B LMC $29,000.00 OSB Matrix Code $29,000.00 2019 5 180 6345840 MSC Youth Employment and Education Services 05H LMC $6,680.90 2019 6 183 6345841 Orion Employment Services Program 05H LMC $10,000.00 2019 9 185 6345829 ANEW Employment Services 05H LMC $8,583.00 O5H Matrix Code $25,263.90 2019 7 181 6345822 PICC Infant Withdrawal Program 05M LMC $10,000.00 05M Matrix Code $10,000.00 2019 8 184 6345843 MSC Rental Assistance 05Q LMC $31,287.10 OSQ Matrix Code $31,287.10 2018 1 168 6250093 Housing Repair Program 14A LMH $25,930.78 2018 1 168 6260382 Housing Repair Program 14A LMH ($555.90) 2018 1 168 6291278 Housing Repair Program 14A LMH $4,992.90 2019 1 191 6345890 Housing Repair Program 14A LMH $64,110.08 14A Matrix Code $94,477.86 2019 4 179 6345833 Code Compliance 15 LMA $76,000.00 15 Matrix Code $76,000.00 2019 10 186 6345887 Highline Business Development Programs 18C LMC $30,000.00 18C Matrix Code $30,000.00 Total $446,028.86 LINE 27 DETAIL:ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 r•idrnx ir�u�ndr Plan Year IDIS Project IDIS Activityvuu'nar_ Activity Name Draw+n mmmnnt 2019 3 1,_) C3,1584-4 Federal VJay Community Centor:rclusron Progr;- 05B LMC $29,00000 058 Matrix Code $29,000.00 2019 5 180 6345840 MSC Youth Employment and Education Services 05H LMC $6,680.90 2019 6 183 6345841 Orion Employment Services Program 05H LMC $10,000.00 2019 9 185 6345829 ANEW Employment Services 05H LMC $8,583.00 OSH Matrix Code $25,263.90 2019 7 181 6345822 PICC Infant Withdrawal Program 05M LMC $10,00000 O5M Matrix Code $10,000.00 2019 8 184 6345843 MSC Rental Assistance 05Q LMC $31,28710 OSQ Matrix Code $31,287.10 Total $95,551.00 LINE 37 DETAIL:ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 vr�uurer rh.+rrix ,'s"d� Plan Year IDIS Project IDIS Activity Activity Name ,,u ;,, ❑r8wn Amount_ 2018 2 169 6265058 Planning&Administration 21A $25,000-00 2019 2 178 6318518 Planning&Administration 21A $76,19214 2019 2 178 6345831 Planning&Administration 21A $28,032.30 21A Matrix Code $129,224.44 Total $129,224.44 v COUNCIL MEETING DATE: March 17, 2020 ITEM#: 6a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ACCEPTANCE OF 60 PERCENT PETITION TO ANNEX A PORTION OF THE POTENTIAL ANNEXATION AREA INTO THE CITY OF FEDERAL WAY POLICY QUESTION: Should the City accept the 60 percent petition for annexation of property within its Potential Annexation Area located north of South 320' Street, south of South 316d' Street,east of Interstate 5 and west of 32 Avenue South? COMMITTEE:Land Use/Transportation Committee(LUTC) MEETING DATE: March 2,2020 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Robert"Doc"Hansen DEPT: Community Development -toc rebniuwJ i'!, 2020 Attachments: Resolution RAcAccepting the 60 percent petition to annex; Options Considered: 1. Approve the Mayor's Recommendation on the 60 percent petition for annexation. 2. Approve the Mayor's Recommendation as further amended by the LUTC. 3. Do not approve the Mayor's recommendation and deny the petition. MAYOR'S RECOMMENDAj1gN: Option 1 _ � 2Sr Zo26 MAYOR APPROVAL• ,� DIRECTOR APPROVAL:ff • C rnit[ce CotuE 0I.n.1/Dae- Tnitial ate COMMITTEE RECOMMENDATION: I move to forward Option 1 to the March 17, 2020, City Council meeting for a public hearing. f � r Mark Koppa Cammittee Ch Mmmittee Member Hoang"fran;CommitEee Member Martin Moore,C PROPOSED COUNCIL MOTION: "I move approval of the 60 percent petition for annexation BELOW TO BE COb fPLETE-D BY CITY CLERK'S OFFICE) COUNCIL ACTION: El APPROVED COUNCIL BILL# El DENIED First reading 11TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# K:\Annexations\Pape\Annexation Process\60 Percent Petition\Formatted Documents\Agenda Bill.doc 41k CITY OF Federal Way LAND USE AND TRANSPORTATION COMMITTEE STAFF REPORT DATE: February 17, 2020 TO: LUTC Chair,Mark Koppang Brian Davis, Community Development Director FROM: Zn� Robert"Doc"Hansen, Planning Manager Z5 1-� Z,Z'�` SUBJECT: Request to Accept 60 Percent Petition for Annexation MEETING DATE: March 2, 2020 I. FINANCIAL IMPACT The approval of the petition presented will not cost the City any additional funds. If the City decides to annex the property described in the report,the City will be obligated to provide public services to the annexed area, and it will receive tax benefits from the developed or undeveloped land.More detailed analysis of financial impacts associated with the annexation is provided in Section V.E of this staff report. II. BACKGROUND On September 26,2019,the City received a"Notice of Intent to Annex"petition from William and Patti Pruett(Exhibit A). The"Notice of Intent for Annexation"constituted the 10 percent of land value of the proposed annexation,that which is necessary to request annexation through the petition method for annexation under RCW 35A.14.120.The property proposed for annexation is located north and adjacent to 320th Street,west and adjacent to 32nd Avenue South, east of Interstate 5 (1- 5), and south of 316th Street(Exhibits B and Q.The property is just over 21 acres and is comprised of seven parcels. The City Council accepted the 10 percent petition to annex the properties on November 19, 2019, and authorized circulation of the formal(60 percent)annexation petition. Subsequent to the November 19, 2019, City Council Meeting,the Pape Group purchased all seven parcels and on December 19, 2019, Toyer Strategic Consulting on behalf of Pape Group submitted the 60 percent petition(Exhibit D).The 60 percent petition was examined by the King County Department of Assessments and found to be sufficient under the provisions of RCW 35A.01.040 (Exhibit E). LUTC Staff Report Page 1 of 15 K:Am=alions\PepckAmacelian Proc¢s160 Pa i PoitionlF—ticd Docummts\021420 LUTC StaffRcporl for Annexation da III. PROPERTIES INFORMATION The total area proposed for annexation is 21.44 acres.Following is a breakdown oftax parcelnumbers and sizes of each parcel in the annexation area: TaxParcelNumlzer :ire(ill acl;�ti1_ 092104 9028 5.26 092104 9139 9.15 092104 9316 0.36 092104 9187 2.09 092104 9140 2.28 092104 9160 1.96 092104 9206 0.34 21.44 acres Access to the proposed annexation area is from South 320th Street, South 316th Street, and 32nd Avenue South. South 320th and 316th Streets are improved rights-of-way. Thirty-second Avenue South borders the annexation area on the east. It is a currently unimproved public right-of-way, with varying width(from 60 feet on the north to 30 feet on the south). The property is currently pre-designated as"Community Business"in the comprehensive plan. Federal Way Revised Code(FWRC) 1.35.020(b), states that, "the area annexed to the city shall retain the comprehensive plan classification."Therefore, if annexed,the property would be given a comprehensive plan designation and zoned as Community Business. Existing uses in the proposed annexation areas are shown on Exhibit C and described as follows: Parcel Number Acres Land Use A-092104 9028 5.26 Single Family House B-092104 9139 9.15 Vacant C-092104 9316 0.36 Vacant D-092104 9187 2.09 Duplex E-092104 9140 2.28 Single Family House F-092104 9160 1.96 Single Family House G-092104 9206 0.34 Vacant Approximately nine acres adjacent to 1-5 in the southwestern portion of the site had previously been cleared and graded without required county and state permits in 2000.A portion of the disturbed area LUTC Staff Report Page 2 of 15 K:\P.n 1ions\Papc\A n lion Pro \60 Pacmt Paidon\Pormullod Docummts\021420 LUTC StnlrRcporl for Annamtion.d— includes a wetland and slopes. This violation has been resolved; however,the proposed annexation area has steep slopes and erosion hazards located along the westerly portion of the property adjacent tol-5. This portion of the property also contains a very large wetland, which is located along the base of the slopes adjacent to 1-5,based on King County records. A wetland study will be required of any applicant proposing development on the property. IV. PETITION ANNEXATION PROCESS State law provides six different annexation methods. As with previous City annexations,the subject annexation process is utilizing the direct petition method, as outlined below: 1) The applicant met with City officials and staff to discuss the annexation process and the boundaries of the area to be annexed. 2) The first petition called the Notice of Intention to Petition for Annexation(10 percent petition level)was prepared and circulated by the applicant among all affected property owners.The petition was submitted to the City on September 26, 2019, and the signatures on the petition were validated and certified to be sufficient by the City. 3) The City Council held a public meeting on November 19, 2019, and accepted the petition with the condition that the area annexed would assume the property's proportionate share of the City's outstanding bonded indebtedness. 4) A Public Hearing by City Council on the 60 percent petition is scheduled for March 17, 2020. 5) After the public hearing,the City will submit the Notice of Intention to Annex, and other required information,to the King County Boundary Review Board(BRB).The BRB has 45 days to review the petition. 6) The City will prepare an annexation ordinance to become effective upon approval by the BRB, with the effective date fixed in the ordinance. V. EVALUATION CRITERIA TO BE CONSIDERED BY THE BRB A. Overview 1. Population ofProposal: what percentage is that to existing entity? There are three single family homes and a duplex locate on the seven parcels.Based on the April 1, 2019 Office of Financial Management(OFM) estimates, single family homes have an occupancy rate of three people per unit and duplexes have an occupancy rate of 2.4 people per unit. It is therefore estimated,that approximately 11 people reside on the proposed annexation area. Based on the U.S. Census July 1,2019 population estimates, LUTC Staff Report Page 3 of 15 KMnnma1ions\Papc\Annexalion Prot¢M Pacrnl PclilionTo maned Documents\021420 LIJTC Staff Report for Anne ation.d— King County has a population of 2,233,163,therefore, approximately 0.00049 percent of the King County population live in the proposed annexation area. 2. Number of Acres: 21.44 acres 3. Population Density: Approximately 0.46 people per acre. 4. Assessed Valuation: The 2019 evaluation totaled$5,181,300 for the seven parcels. B. Land Use 1. Existing Land Use Designation (County)/Existing Land Use: Community Business Center(CB), Commercial Outside of Centers (CO) and Urban Residential Medium (UM). Existing land uses are single-family, duplex, and vacant. 2. Proposed Land Use Designation (City)/Proposed Land Use: Community Business (BC). Once annexed to the City,the proposed use will be a facility to sell and service Kenworth trucks by the Pape Group. C. State Growth Management Act 1. Is the proposed action in conformance with the Growth Management Act(GMA)? What specific policies apply to this proposal? This annexation proposal is consistent with the Growth Management Act(GMA), including: ✓ RCW 36.70A.020: (1) Urban Growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. This proposal encourages development(economic development) in urban areas where adequate public facilities and services exist, and/or can be provided, in an efficient manner. Further, it ensures that this development will take place within a city, which is the preferred provider of urban levels of service per RCW 36.70A.110(7). (2) Reduce sprawl.Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development. This proposal will facilitate the development of land within a designated urban growth area (UGA), which relieves pressures for the conversion of undeveloped lands outside urban growth boundaries—an action which produces sprawling, low density development. (3) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans,promote economic opportunity for all LUTC Staff Report Page 4 of 15 KAAan Iio \Pape\A­c u-P,.—\60 P-1 Paifion\Formadcd DmummtA021420 LUTC 9aITReport for Ann lion dmx citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses,recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources,public services, and public facilities. This proposal will support economic development within an UGA at a location that is central to a major transportation corridor(Interstate 5), as well as central to major population centers in King County. (4) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. The annexation process by design encourages citizen participation as citizens (more specifically landowners) are most often responsible for the initiation of annexations. This annexation was initiated by the owners of not less than 10 percent of the value of the land to be annexed area and the 60 percent petition has been filed by the entity now owning 100 percent of the proposed annexation area. Further, the annexation process requires a public hearing by the City Council, which requires a public notice in the Federal Way Mirror, the local newspaper,public notice boards to be installed on the site, and public notice sent to all property owners within 300 feet of the site. ✓ RCW 36.70.110—Comprehensive Plans-Urban Growth Areas,which states: (1) In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas, except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment, and when such services are financially supportable at rural densities and do not permit urban development. The proposed annexation would ensure that urban levels of development would be located within the City of Federal Way, which consistent with the GMA is the most appropriate governmental subdivision to review and permit urban levels of development, as well as provide the on-going urban levels of service. (2) An urban growth area designated in accordance with this section may include within its boundaries urban service areas or potential annexation areas designated for specific cities or towns within the county. LUTC Staff Report Page 5 of 15 KAAa alions\Papc\Anna aum Pro \60 PmmL PailionTo maucd Docummts\021420 LUTC SIafTRcport for Amaalion.dre The proposed annexation area is within King County's "Federal Way North"Potential Annexation Area, which has been designated as the "Camelot(North East)"sub-area within Chapter 8, "Potential Annexation Areas"of the Federal Way Comprehensive Plan. 2. King County Comprehensive Plan/Ordinances a. How does County planning under the Growth Management Act(GMA)relate to this proposal? The GMA envisions cities as the most capable of providing urban services to support urban development in urban growth areas. King County has a long-standing policy of advocating for annexations of unincorporated urban areas.This proposal is consistent with Action 17 from the current King County Comprehensive Plan, which supports planning and other measures to"move remaining unincorporated urban potential annexation areas toward annexation." b. What King County Comprehensive Plan policies specifically support this proposal? RP-203:King County shall continue to support the reduction of sprawl by focusing growth and future development in the Urban Growth Area, consistent with adopted growth targets. U-106:Most population and employment growth should locate in the contiguous Urban Growth Area in western King County, especially in cities and their Potential Annexation Areas. Cities in the Rural Area should accommodate growth in accordance with adopted growth targets. U-201: In order to meet the Growth Management Act and the regionally adopted Countywide Planning Policies goal of becoming a regional service provider for all county residents and a local service provider in the Rural Area and Natural Resource Lands,King County shall encourage annexation of the remaining urban unincorporated area.The county may also act as a contract service provider where mutually beneficial. U-202: To help create an environment that is supportive of annexations,King County shall work with cities and with neighborhood groups, local business organizations, public service providers and other stakeholders on annexation-related activities to move the remaining urban islands towards annexation by the city most appropriate to serve it. King County will also seek changes at the state level that would facilitate annexation of urban unincorporated areas. U-204: King County shall support annexation proposals that are consistent with the Countywide Planning Policies and the Washington State Growth Management Act, LUTC Staff Report Page 6 of 15 K:Wnn mions\Pop 4An Iion Pro A60 Pacmi PailionTormanW Dacummts\021420 LUTC Staff Rgwn for Annnalion.d— when the area proposed for annexation is wholly within the annexing city's officially adopted PAA, and when the area is not part of a contested area. c. What King County/Countywide Planning Policies specifically support this proposal? DP-4: Concentrate housing and employment growth within the designated Urban Growth Area. Focus housing growth within countywide designated Urban Centers and locally designated local centers.Focus employment growth within countywide designated Urban and Manufacturing/Industrial Centers and within locally designated local centers. DP-13: All jurisdictions shall plan to accommodate housing and employment targets. This includes: •Adopting comprehensive plans and zoning regulations that provide capacity for residential, commercial, and industrial uses that is sufficient to meet 20-year growth needs and is consistent with the desired growth pattern described in VISION 2040; • Coordinating water, sewer,transportation and other infrastructure plans and investments among agencies, including special purpose districts; and • Transferring and accommodating unincorporated area housing and employment targets as annexations occur. DP-23: Facilitate the annexation of unincorporated areas within the Urban Growth Area that are already urbanized and are within a city's Potential Annexation Area in order to provide urban services to those areas.Annexation is preferred over incorporation. DP-24: Allow cities to annex territory only within their designated Potential Annexation Area as shown in the Potential Annexation Areas Map in Appendix 2. Phase annexations to coincide with the ability of cities to coordinate the provision of a full range of urban services to areas to be annexed. DP-27: Evaluate proposals to annex or incorporate unincorporated land based on the following criteria: a) Conformance with Countywide Planning Policies, including the Urban Growth Area boundary; b) The ability of the annexing or incorporating jurisdiction to provide urban services at standards equal to or better than the current service providers; and LUTC Staff Report Page 7 of 15 KAAmaalions\Papc\Pmmn1im P—A60 P—t Pailion\Portnaaod Dmummis\021420 LUTC SladRcporl for Annanlion.duca c)Annexation or incorporation in a manner that will avoid creating unincorporated islands of development. DP-28: Resolve the issue of unincorporated road islands within or between cities. Roadways and shared streets within or between cities,but still under King County jurisdiction, should be annexed by adjacent cities. d. What is the adopted plan classification/zoning? The proposed annexation area currently has the following comprehensive plan classifications: Community Business Center(CB); Commercial Outside Centers (CO); and Urban Residential Medium 4-12 dwelling units per acre [du/ac(UM)]. The proposed annexation area currently has the following zoning: Community Business(CB); Community Business-Parcel Specific(CB-P); Office-Parcel Specific(O-P); and Residential, four du/ac(R-4). e. Will city regulations supplant King County regulations for the protection of sensitive areas,preservation of agricultural or other resource lands,preservation of landmarks of landmark districts, or surface water control? If so, describe the city regulations and how they compare to the County regulations. Upon annexation,the City's regulations will replace the County's regulations for the protection of sensitive areas,preservation of landmarks, and surface water control. The City does not have any regulations for the preservation of agriculture and other resource lands,which would not be applicable as this area is not(nor adjacent to) agricultural or resource designated land. Critical Areas Federal Way has adopted regulations for environmentally critical areas in Chapter 19.145 of the FWRC and complies with the requirement to adopt critical areas (environmentally sensitive areas)regulations (RCW 36.70A.060).The City's regulations address critical areas, including wetlands, aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. Surface Water In accordance with FWRC 16.20.010,the City of Federal Way has adopted the 2016 King County Surface Water Design Manual(KCSWDM),the King County Stormwater Pollution Prevention Manual, and the latest edition of the LID Technical Guidance Manual for Puget Sound. LUTC Staff Report Page 8 of 15 K:\P.n ations\Papc\An tion P,.—,\60 P—.t Poition\Pormaticd Docummis\021420 LUrC SiaffRcporl far A—tion doc: Landmarks Although there are no landmarks within the area proposed for annexation that would require protection or preservation,FWRC 19.285.020 adopts by reference the standards in KCC Chapter 20.62 for the protection and preservation of landmarks. D. Jurisdictional Comprehensive Plan/Franchise 1. How does the jurisdiction's planning under the GMA relate to this proposal? The GMA envisions cities as the most capable providers of urban levels of service for urban areas. Consistent with the GMA,the King County/Countywide Planning Policies,the King County Comprehensive Plan, and the City of Federal Way Comprehensive Plan,the City has planned appropriately for the future annexation of its Potential Annexation Areas (PAAs). This annexation proposal is located within the Camelot Sub-area and has already been given a pre-annexation comprehensive plan and zoning designation of Community Business(BC), which will be retained upon annexation. 2. Has the jurisdiction adopted a Potential Annexation Area (PAA) under the Growth Management Act?Have you negotiated PAA Agreements with neighboring cities? Yes,the City of Federal Way has adopted a Potential Annexation Area as shown in Chapter 8 "Potential Annexation Areas"of its comprehensive plan.The City has not negotiated PAA Agreements with neighboring cities. 3. When was your Comprehensive Plan approved?Does this plan meet requirements set by the State of Washington?Does this plan meet requirements set by King County? The Federal Way Comprehensive Plan (FWCP)was adopted in on November 21, 1995, and subsequently amended on December 23, 1998, September 14, 2000,November 1, 2001,March 27, 2003, July 20, 2004,June 16, 2005,July 16, 2007,June 11, 2009, October 28,2010,January 27, 2011,January 23, 2013, August 14,2013,July 29, 2015, and January 26,2018.The FWCP meets the requirements set by the State of Washington,the requirements set by King County and the Countywide Planning Policies, and the Puget Sound Regional Council(PSRC).Based on state law, the major updates to the comprehensive plan must be done every eight years and must be certified by the Department of Commerce. The last major update completed in July 2015 was certified by the state on November 19, 2015. In addition,the PSRC certified the updated plan on September 24, 2015.The yearly updates are sent to the Department of Commerce for a 60- day comment period before approval of the updates by the City Council, and the final plan is sent to Commerce within 10 days of Council approval. LUTC Staff Report Page 9 of 15 K:\Annautions\PnpcVsmmIion Pr-s\60 Pmmt Pelmon\Purmnnal Dmummis\021420 LUFC StuffRmort for Annraulion do 4. Is this proposal consistent with and specifically permitted in the jurisdiction's adopted Comprehensive Plan, or will a plan amendment be required?If so, when will that amendment be completed? The proposed annexation is consistent with the FWCP,including the land use designation of Community Business (BC) and zoning of Community Business (BC).No amendments to the City's comprehensive plan are required to complete this annexation. 5. Is a franchise required to provide service to this area?If so, is the area included within your current franchise? The proposed annexation area is located within the Lakehaven Water& Sewer Service Area,within the South King Fire and Rescue Service area, and within the boundaries of the Federal Way School District.Therefore,no franchises are required to provide service to the area,once annexed. 6. Has this area been the subject of an Interlocal Agreement?If so,please enclose a signed copy of the agreement. No,this area has not been the subject of a pre-Annexation Zoning Agreement. 7. What is the proposed land use designation in your adopted Comprehensive Plan? When were your proposed zoning regulations adopted? The proposed land use designation and zoning in the City's comprehensive plan and on the Zoning Map is Community Business(BC). These designations were adopted by Ordinance 04-460 on July 29, 2004. E. Revenues/Expenditures Planning Data 1. Estimate City expenditures 2. Estimate City revenues to be gained 3. Estimate County revenues lost 4. Estimate County expenditure reduction There will be no City expenditures associated with the annexation.The City can provide police services without additional cost. The County will loose$9,724 in property taxes and the City will gain$5,044(Exhibit F). 5. Estimate fire district revenue lost None anticipated as area is already within the service area for South King Fire and Rescue. LUTC Staff Report Page 10 of 15 K:\Anniaaiions\Pape\A==ation Pr—s\60 Pacmi PailionTo matted Docomans\021420 LUTC Sm fRcport for Ammalion.docx 6. Estimate fire district expenditure reduction None anticipated as the area is already within the service area for South King Fire and Rescue. F. Services 1. Water—Lakehaven Water&Sewer District, no change 2. Sewer—Lakehaven Water& Sewer District, no change 3. Fire Service—South King Fire and Rescue,no change G. General 1. In the case of extensions of services, has an annexation agreement been required?If so, please attach a copy of the recorded copy of this agreement. Correspondence from the Lakehaven Water& Sewer District states that future site development will require extension of water and sewer system facilities(including extend- to-far edge for sewer),under Lakehaven's Developer Extension Agreement process (Exhibit G). 2. Describe the topography and natural boundaries of the proposal. The site's existing topography is highest in the southeastern portion of the annexation area, with approximate elevations of 480 feet sloping to 420 feet in the northwestern portion of the annexation area. The elevation change at the northern edge of the proposed boundary partially serves as a natural delineation between parcels. The property proposed for annexation is located north and adjacent to 3201 Street,west and adjacent to 32Dd Avenue South, east of I-5, and south of 316' Street(Exhibits B and Q. 3. How much growth has been projected for this area during the next ten-year period? What source is the basis for this projection? Federal Way's five potential annexation areas(PAAs)total approximately 3,650 acres, and the growth targets adopted in Technical Appendix D to the 2016 King County Comprehensive Plan (Exhibit H) established growth targets for Federal Way's PAAs consisting of 2,390 net new housing units and 290 net new jobs (see Revised Table DP-1,page D-14). LUTC Staff Report Page 11 of 15 KAmmalions�PapMm a urian Procas\60 P=mt PailionTorumnod Dmummts\021420 LUTC SiaffR port for Amm ion,dxx This proposed annexation area accounts for 0.58 percent of the total PAA area for Federal Way. The area is almost entirely zoned by King County as Community Business Center (CB) and Commercial Outside of Centers (CO),which would both be expected to accommodate employment. Comparably,the City's proposed comprehensive plan designation and zoning of Community Business (BC)would also be expected to accommodate employment. Looking at King County's 2014 Buildable Lands Report, employment densities in commercially designated areas for Federal Way are analyzed based on 250 square feet per employee,while in unincorporated King County the same are analyzed based on 350 square feet per employee. Annexation into the City of Federal Way should have no impact on the area's likelihood of achieving its employment growth target. 4. Describe any other municipal or community services relevant to this proposal. There are no others applicable services. 5. Describe briefly any delay in implementing service delivery to the area. The area surrounding the proposed annexation area is already developed with all services available; therefore,no delay in service delivery is expected. 6. Briefly state your evaluation of the present adequacy, cost, or rates of service to the area and how you see future needs and costs increasing. Is there any other alternative source available for such service(s)? The only change in service expected is the shift in service from the King County Sheriff to the Federal Way Police Department. The City's Finance Department has stated that there will be no additional cost for police services (Exhibit F). REVIEW OF OBJECTIVES (RCW 36.93.180) 1. Preservation of natural neighborhoods and communities. • The proposed annexation area does not include any existing, established neighborhoods as this area is predominantly developed with large lot single family-homes. 2. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours. • The proposed annexation has physical boundaries as follows: LUTC Staff Report Page 12 of 15 KAAn ations\Papc\Ammation Prmc \60 Pa (Pdition\Pormo0od Docurnmis\021420 LUTC StalrRcporl for Ammation,dcc o The western boundary follows I-5 and the existing City limits. o The northern boundary was drawn between existing parcels in recognition of the change in elevation between the parcels, as well as a desire to"square"off the boundary at the intersection of 32nd Avenue South and South 316th Street. o The eastern boundary follows the eastern boundary of the right-of-way for 32nd Avenue South until it intersects with the existing City limits. o The southern boundary abuts existing City limits along South 320' Street. 3. Creation and preservation of logical service areas. • The proposed annexation does not impact the service territories of any districts/special districts (e.g. fire district, school district, sewer district, water service, etc.)in the area. • The future extension of 32nd Avenue South within the annexation area would be fully within the City limits. 4. Prevention of abnormally irregular boundaries. • The proposed annexation area does not create any abnormally irregular boundaries. It is consistent with other boundaries in the area and does not impact present service boundaries. The parcels proposed for annexation are currently served by way of 32nd Avenue South, which dead ends at South 3161 Street. An extension of 32"Avenue South would be anticipated in the future. 5. Discouragement of multiple incorporations of small cities and encouragement of incorporation of cities in excess of ten thousand population in heavily populated urban areas. ■ Not applicable. 6. Dissolution of inactive special purpose districts. • Not applicable. 7. Adjustment of impractical boundaries. • Not applicable. 8. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character. • The proposed annexation area is designated and zoned for urban levels of development in accordance with King County's comprehensive plan and zoning. The proposed annexation area is also designated for urban levels of development in accordance with the City's Potential Annexations Areas Chapter, as well as the land use designation and zoning to be concurrently applied with the adoption of this annexation. Regardless of jurisdiction LUTC Staff Report Page 13 of 15 KAAmmationsTaixVAmmalion Proc¢s\60 Pa (Pgition\F-acd Dacummts\021420 LUTC StnRRgtort for Annotation dacx (County or City),this area is anticipated to develop at urban levels, especially given its proximity to Interstate 5. 9. Protection of agricultural and rural lands which are designated for longterm productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. • Not applicable. REVIEW OF FACTORS (RCW 36.93.170) 1. Population and territory;population density; land area and land uses; comprehensive plans and zoning, as adopted under chapter 35.63, 35A.63, or 36.70 RCW,• comprehensive plans and development regulations adopted under chapter 36.70A RCW,• applicable service agreements entered into under chapter 36.115 or 39.34 RCW,• applicable interlocal annexation agreements between a county and its cities;per capita assessed valuation; topography, natural boundaries and drainage basins,proximity to other populated areas; the existence and preservation of prime agricultural soils and productive agricultural uses; the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years; location and most desirable future location of community facilities. The area proposed for annexation: • Is consistent with the City of Federal Way's Comprehensive Plan and Potential Annexation Area land use designation and zoning. • Is consistent with King County's Potential Annexation Area policies desiring city annexations of these areas. • Would simultaneously annex the entire road segment(and future road segment) for 32nd Avenue South between South 316th Street and South 320th Street. • Has boundaries that are logically formed based on adjacent road segments and topography. • Has relatively little existing population. • Is designated by both the City and County for future commercial/business development. • Would have no impact on agricultural soils or uses. 2. Municipal services; need for municipal services; effect of ordinances, governmental codes, regulations and resolutions on existing uses;present cost and adequacy of governmental services and controls in area;prospects of governmental services from other sources;probable future needs for such services and controls;probable effect of proposal or alternative on cost and adequacy of services and controls in area and adjacent area; the effect on the finances, debt structure, and contractual obligations and rights of all affected governmental units; and LUTC Staff Report Page 14 of 15 K:Wnncxutions\PapdAmmation Proc¢s\60 Pacmi Mition\Pormancd Docummts\021420 LUfC Staff Rcport for A—ation.docx The proposed annexation does not significantly impact any service boundaries for utility providers and development of the site(whether annexed or not)would be commercial development with similar uses and service delivery needs. The only switch in service delivery would be from the King County Sheriff Department to the City of Federal Way Police Department. As noted above,the City's Finance Department has stated that there will be no additional cost for police services(Exhibit F). 3. The effect of the proposal or alternative on adjacent areas, on mutual economic and social interests, and on the local governmental structure of the county. The proposed annexation would have minimal impacts on the County.The area is within Federal Way's Potential Annexation Area(PAA), an uncontested PAA. VI. Recommendation The Mayor recommends the following: That the City Council accept the 60 Percent Petition and forward it to the King County Boundary Review Board for review. LIST OF EXHIBITS Exhibit A Ten Percent Petition for Annexation Exhibit B Vicinity Map Exhibit C Aerial Photo Exhibit D Sixty Percent Petition for Annexation Exhibit E King County Annexation Petition Certification Exhibit F February 11,2020,Response from the City of Federal Way Finance Department Exhibit G December 29,2019,Correspondence from the Lakehaven Water&Sewer District Exhibit H Technical Appendix D to the 2016 King County Comprehensive Plan LUTC Staff Report Page 15 of 15 KAAmmalions\PnpMm—ation Prm—\60 P-1 Paition\Po 11od Dmumrnis\021420 LUTC StaffRaport for Anncxation.d— Exhlb Olt 10 Percent Petition to Annex NOTICE OF • eNNEX - 320TH ANNEXATION DECLARATION We, the undersigned, are owners of real property lying outside of the corporate limits of the city of Federal Way, Washington, but contiguous thereto and designated as part of the Federal Way Urban Growth boundary. We, the undersigned, owning in excess of 10% of the total value of the area formed by our property and that between and abutting the city of Federal Way, Washington; do hereby declare our intention to circulate a petition for annexation to the city of Federal Way, Washington under the direct petition method for the area attached hereto in Exhibit A (map) and Exhibit 8 (legal description). It is acknowledged that this petition may consist of multiple documents filed separately. We, the undersigned, request the City assign concurrent zoning and the assumption of a proportionate share of the City's bonded indebtedness. And that zoning applied to this area be Community Business (BC) as shown on the-City's pre-annexation zoning map (Comprehensive Plan, Chapter 8, Map VIII-7, page 43): a. Assumption of a proportionate share of the City's bonded indebtedness. b. Upon the effective date of annexation ordinance that the property within the annexed area be designated in the City's Comprehensive Plan as Community Business (BC) and zoned Community Business (BC). AUTHORIZATION The printed names and signatures of all persons having an interest in real property in the area formed by their property and that between and abutting the city of Federal Way whose consent is required by virtue of such interest to authorize the filing of this notice are hereto attached.. Name of Property Owner Property Address or (P ret Clea ri rl Signature of Property Owner Date Signed Assessor's Parcel Number Acres WILLIAM V. PRUETT JR&PATTI 092104-9028 5.26 A. PRUETT TRUST 6ri ,9 EACH SIGNATURE PAGE MUST CONTAIN THE DECLARATION AND CONDITIONS SO DESCRIBED ABOVE,AS WELL AS A COPY OF BOTH EXHIBITS WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement,shall be guilty of a misdemeanor. RECEIVED SES' 2 b 2019 CITY Or FED I-R.AI:W1kY COMMUNkTY CEJELOf'h�E1J I NOTARIZED S[IMMARY 01, '1 ROfS'f F1IL WIILLIAM V. PltlfETT, JIt. ANI) PATTI A. PRUE"fT RE'VOC'ABLE LIVING TRUST The undersigned hereby certify that they created a Revocable Living Trust. This Trust is known as: THE WILLIAM V. PRUETT, JR, AND PATTI A. PRUETT REVOCABLE LIVING TRUST, dated MOW. f5 WILLIAM V. PRUETT, JR. and PATTI A. PRUETT, Trustors and Trustees, reside at 31625 32nd Avenue South, the City of Auburn, State of Washington, County of Icing. IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: Description of Trust: The parties hereto desire to confirm the establishment of a Revocable Trust on this date, for the benefit of the Trustors (as husband and wife) and containing herein the following provisions: 1. The Trustors are designated as the Trustees to serve until both of their deaths, resignations or incompetence. Only one Trustee is required to execute any financial documents and/or transfer of real or personal property on behalf of any trust assets. 2. Upon the end of the terms of the original Trustees, CORRINS WILDONER is designated as First Successor Trustee, WILLIE SUE BRANCH is designated as Second Successor Trustee. 3. Upon the death of either Trustor, the surviving spouse retains the unlimited right to the Trust. She or he also retains a general power of appointment which can be exercised by will or by lifetime transfer over the Trust property. 4. Any single Trustee/Trustor has the power and authority to manage and control, buy, sell, and transfer the trust property, in such manner as the Trustee may deem advisable, and shall have, enjoy and exercise all powers and rights over and concerning said property and the proceeds thereof as fully and amply as though said Trustee were the absolute and qualified owner of same, including the power to grant, bargain, sell and convey, encumber and hypothecate, real and personal property (including but not limited to mortgages, deeds of trust and reverse mortgages), and the power to invest in corporate obligations of every kind, stocks, preferred or common, and to buy stocks, bonds and similar investments on margin or other leveraged accounts, except to the extent that such management would cause includability of an irrevocable trust in the Estate of a Trustee. NOTARIZED SUMMARY OF TRUST Page 1 114 N88°20'05'w ' 30.00' s. 316TH ST TAX PARCEL NO.: ° _ N88'20'05"W 686.94' 1 A 0921049028 (130 B 0921049139 w C 0921049206 :5 w D 0921049187 , z E 0921049140C:cL P f F 0921049160 G 0921049206 p cyy I d u r7 AREA TO BE a ' z ANNEXED c) o � rn E cow J, o m cCN o x L, 1 �t x J �• N 00 V T co ro 18=200' I r % RGE�G �l S88120'47"E 644.46' PP l PARCEL C— " — p 0 o r SOUTH 320TH STREETN P.O.B. r SCALE.- For. JOB NUMBER HORIZONTAL 1"=200' COBALT 20833 BARGHAUSEN FEDERAL WAY CONSULTING ENGINEERS, INC. 20833L.001.DOC Title: SHEET 18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032 q A 425.251.6222 BARGHAUSEN.COM ANNEXATION I o f f DESIGNEDXXX DRAWN IGHECKEE,---5-DG I APPROVED_-=, DA-7E �/'i Cl_'1 D J LEGAL DESCRIPTION AREA TO BE ANNEXED THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, KING COUNTY,STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ATTHE INTERSECTION OF THE EAST MARGIN OF 32ND AVENUE SOUTH AND THE NORTH MARGIN OF SOUTH 320TH STREET; THENCE ALONG SAID EAST MARGIN, NORTH 02°08'28" EAST, 1,196.43 FEET TO THE SOUTH MARGIN OF SOUTH 316TH STREET; THENCE DEPARTING SAID EAST MARGIN NORTH 88°20'05" WEST,30.00 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE CONTINUING NORTH 88°20'05" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER, 686.94 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO.5; THENCE THE NEXT 2 COURSES ALONG SAID EAST MARGIN, SOUTH 16°42'28"WEST, 528.49 FEET; THENCE SOUTH 14°33'46" EAST,714.61 FEET TO THE NORTH MARGIN OF SAID SOUTH 320TH STREET; THENCE ALONG SAID NORTH MARGIN,SOUTH 88°20'47" EAST, 644.46 FEET TO THE TRUE POINT OF BEGINNING. •L���iI z�1 C. Project Name: Cobalt Federal Way September 10, 2019 BDG/JSE 20833L.001.doc Exhibit B Vicinity Map on C ! it eet Annex u --,i N88'20'05'W 316THST 7 .A '--'c025 B 0921049139 Li C 0921049206 D 0921049187 E 0921049140 F 0921049160 G 0921049206rr -7 AREA zi TO BE `V`lANNEXED E CL) CC) �-A 04 M A X (L) A LT, rl) rl) 00 0 c"I Q/ Q) co 11=200' G PARCEL C CD 0 SOUTH 320TH STREET P.O.B. JOB NUMBER SCALE: For: HORIZONTAL 1"=200' COBALT 20833 BARGHAUSEN FEDERAL WAY 20833L-00'-00C CONSULTING ENGINEERS, INC. Title: --ET 1B215 72ND AVENUE SOUTH AREA OF KENT, WA 98032 425.251,6222 BARGHAUSEN.COM ANNEXATION of Exhibit C Aerial Photo South 320th Street Annexation -314 , r - i r = o" �� r k 3226 " w 3 218 " "i 12 __ ;3 x`625 ( . " 31632 •1� r a a t � 210 — 6 s .. A , w r , n 10/24/2019 Site Address Parcels Exhibit D 60 Percent Petition to Annex ToveR STRATECIC CONSULTUNC. December 20,2019 City of Federal Way King County Department of Assessment Community Development 500 Fourth Ave. 33325 8th Ave. South #ADM-AS-0708 Federal Way,WA 98003 Seattle,WA 98104 REQUEST FOR SUFFICIENCY DETERMINATION OFA 60%ANNEXATION PETITION FEDERAL WAY—32011 STREET ANNEXATION TO WHOM IT MAY CONCERN: Attached please find an executed 60%petition for the 320th Street Annexation,including: b Signed"to-form"annexation petition as required by the City Documentation supporting Lance Jorgensen's authority to sign on behalf of Pape Properties, Inc b A legal description for the area to be annexed A map of the area to be annexed b A spreadsheet indicating parcel numbers, assessed valuation and %of valuation signed Pape Properties, Inc. became the owners of all seven parcels with the annexation area on December 9t'and 1011, which transactions can be located at the following recording numbers: Recording# Tax Parcel# 20191210001552 092104-9160-09 20191209000175 092104-9316-02&092104-9139-07 20191209000174 092104-9140-04 20191209000172 092104-9206-05 20191209000170 092104-9187-08 20191209000169 092104-9028-01 Upon reaching a sufficiency determination,we respectfully request return of these documents along with said determination to the City of Federal Way at the address first listed above. Should you have any questions, please do not hesitate to contact me at any time, Very Sincerely, >Wx�'V'4,rve­ David K.Toyer !founder/ DEPARTMENT OF COMIMUNITv DEVELOPMENT 33325 8's Avenue South Federal Way WA 98003 CITY OF =rte 253-835-7000 Federal Way A"s, eit;Qrf'cdargNSa'- Corn NOTICE OF INTENTION TO PETITION FOR ANNEXATION TO: HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FEDERAL WAY 333258 TH AVENUE SOUTH,FEDERAL WAY,WASHINGTON,98003 The undersigned, who are a proportionate share of the existing city indebtedness and the owners of not less than sixty percent(60%)in value,according to the assessed valuation for general taxation of property for which annexation is sought,hereby advises the City Council of the City of Federal Way that it is the desire of the undersigned residents of the following area to commence annexation proceedings: • The property referred to herein is outlined on the map marked Exhibit"A"and is described in Exhibit "B"attached hereto. The undersigned agree that this petition is signed by a proportionate share of existing city indebtedness as required in the November 19,2019 City Council Meeting. Cih,Council llleeting Minute Enirv: MOTION: Councilmember Koppang moved that the City Council accept the Notice of Intention to Petition for Annexation filed by the William V.Pruett,Jr.and Patti A.Pruett Trust on September 26,2019,with conditions to not require adoption of new comprehensive plan and zoning designations and that the area to be annexed be required to assume a proportionate share of existing city indebtedness. Councilmember Moore seconded the motion.The motion carried 7-0. It is requested that the City Council of the City of Federal Way set a date for a public hearing with the undersigned to determine: 1. Whether the City Council will accept the proposed annexation Although there is no time limit specified in the annexation statutes as to when a petition needs to be filed with the Council after it has begun circulating for signatures, the signatures on a petition are valid only if signed no later than six months prior to the filing date,and any signatures older than six months are required to be stricken from the petition by the City Clerk at the time he or she certifies the petition. This page is one of the group of pages containing identical text material and is intended by the signers of-this Notice of Intention to be presented and considered as one Notice of Intention, and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. RECORD OF ACTION TAKEN WITHOUT MEETING BY THE DIRECTORS OF PAPE PROPERTIES,INC. The following action is taken by the Directors without a meeting but upon the unanimous written consent of the Directors as shown below: RESOLVED,that the Directors of Pape Properties,Inc.approve the purchase of the following properties located in Federal Way,WA from the following sellers: Seller's Name _ Address Parcel# Rand Group,LLC 3001 S. 320th Street, Federal 921049139 Way WA 98003 Rand Group,LLC 13010 S. 320th Street, Federal 921049316 Way,WA 98003 Squaw Peak Properties,LLC 3014 S. 320th Street, Federal 921049187 Way WA 98003 Henderson Family Trust 3112 S. 320th Street, Federal 921049140 Way WA 98003 Judy James 3114 S. 320th Street, Federal 921049206 Way WA 98003 Birkirandeep Singh, Balbir Birk, Sukhraj 3126 S. 320th Street, Federal 921049160 Sin , Lukbinder Johal Way WA 98003 William Pruett and Patti Pruett 31625 32nd Ave S.,Auburn WA 921049028 98001 for a total aggregate purchase price of not more than$7,700,000 is each case pursuant to a Real Estate Purchase and Sale Agreement,a copy of each of which is attached as Exhibits A through G hereto;and 1 URT HER RESOLVED,that each of Lance Jorgensen,Setif Smythe and.Randall Jordan Pape is hereby authorized to sign all documents required to complete this transaction. EFFECTIVE DATE: December 3,2019 APPROVED: Mary Sus.1n 1 Randall Jordan Pape ��_,.,.�.. � fry S�ih Smythe Lan "� sM OWNER'S SIGNATURE PRINTED NAME ADDRESS&PARCEL DATE SIGNED 1. 31625 32ND AVE S 98003 / 0921049028 L ANCE��ams� 2. NO SITE ADDRESS ill 092104-9139 3. 3001 S 320TH ST 98003 l Z l!bl 092104-9316 , -ce J"2 I.6w tot-) r 4. 3014 S 320TH ST 98003 /Z / 092104-9187 5. NO SITE ADDRESS lJ l/bl� 092104-9140 - NCE,�L'2EFN5 EN' 6. NO SITE ADDRESS 121261 092104-9160 �_ _ LANCE JG'.tiGEn�S F� 7, 3114 S 320TH ST 98003 (L IL�ljg— // 092104-9206 LAS 'EJc!�LFr%l>� NOTE: EACH SIGNATURE PAGE MUST CONTAIN THE DECLARATION AND CONDITIONS SO DESCRIBED ABOVE,AS WELL AS A COPY OF BOTH EXHIBITS ATTACHED THERETO WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. LEGAL DESCRIPTION AREA TO BE ANNEXED THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, KING COUNTY,STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST MARGIN OF 32ND AVENUE SOUTH AND THE NORTH MARGIN OF SOUTH 320TH STREET; THENCE ALONG SAID EAST MARGIN,NORTH 02°08'28" EAST,1,196.43 FEET TO THE CENTERLINE OF SOUTH 316TH STREET; THENCE FOLLOWING SAID CENTERLINE, NORTH 88°20'05"WEST,30.00 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE CONTINUING NORTH 88°20'05"WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER,686.94 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO.5; THENCE THE NEXT 2 COURSES ALONG SAID EAST MARGIN, SOUTH 16`42'28"WEST,528.49 FEET; THENCE SOUTH 14°33'46" EAST,714.61 FEET TO THE NORTH MARGIN OF SAID SOUTH 320TH STREET; THENCE ALONG SAID NORTH MARGIN,SOUTH 88°20'47" EAST,644.46 FEET TO THE TRUE POINT OF BEGINNING. ID Gitt \NAsy� s6315 Y "�s, `'���,F QED-:•;�"V 111012t' Project Name: Cobalt Federal Way September 10, 2019 Revised January 8, 2020 BDG/JSE 20833L.001.doc N88'20'05"W 30.00' TAX PARCEL NO.. I N88'20'05"W 686.94' .316TH ST. A 0921049028 0'3C B 0921049139 w C 0921049316 w D 0921049187 Zb z E 0921049140 pPPIGO-P F 0921049160 +n G 0921049206Lu ,� o L Q Fc uta AREA ❑ TO BE z f oN ANNEXED 'f � o PPFtC�`g °' E W \ 2 e N �u m o (V O (n Z 3 N m .� Q OA o rtr s x 1 /' /%i GCr a0 o 04 rti i T .._.....�. - 7 En Ej co 0 1'=200' �' 0 i / S88'20'47'E 644.46' PP RGE� o PARCEL C o 0 co o LO CN SOUTH 320TH STREET r P.O.B a _ QG SCALE. For: JOB NUMBER HORIZONTAL 1"=200' COBALT 20833 BARGHAUSEN FEDERAL WAY CONSULTING ENGINEERS, INC. 20833L.001.DOC Title: SHEET 18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032 425.251.6222 BARGHAUSEN.COM ANNEXATION 1 of 1 (k: ;6ti^ L. i -- - n;:,, n L;'_ DATE ,' '+ S. 320 Street Annexation (Federal flay) Parol Number Acres Valuation %of Total Valuation 092104-9140 2.28 $ 994,100.00 19% 092104.9206 0.34 $ 146,760.00 3% 092104-9160 1.96 $ 966,700,00 19% 092104-9028 5.26 $ 805,000,00 16% 092104-9139 9.15 $1.036,500.00 20% 692104-9316 0.36 $ 154,700 00 3% 092104-9187 2.09 $1.077,600.00 21% $5.181,300.00 100% Exhibit E King County Annexation Petition Certification a A King County Department of Assessments Accounting Division John Wilson 500 Fourth Avenue,ADM-AS-0725 Seattle,WA 98104-2384 ASSBSSOI (206)263-2381 FAX(206)296-0106 Email:assessor,info@ldngcounty.gov swNN,,Liu_,cuIII fe gm1;3sscssn�: ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted December 26, 2019 to the King County Department of Assessments by David Toyer, President Toyer Strategic Advisors, Inc., supporting the annexation to the City of Federal Way of the properties described as the 320th Street Annexation, has been examined, the property taxpayers,tax parcel numbers, and assessed values of each property listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the Revised Code of Washington, Section 35A.01.040, I The Department of Assessments has not verified that the signatures on the petition are valid through comparison with any record of actual signatures, nor that the signatures were obtained or submitted in an appropriate time- frame and this document does not certify such to be the case. I Dated this 15th day of January, 2020 John Wilson, King"County Assessor i hxhlcbl* t F Response fron-i the City of Federal Way Finance Department Margaret Clark From: Ade Ariwoola Sent: Tuesday, February 11, 2020 10:57 AM To: Margaret Clark Cc: Chase Donnelly Subject: RE: Information for Pape Annexation Hi Margaret, Based on 2019 property tax rate: • City's rate 0.97350/$1,000 • County's Road District which is in-leu of the City 1.87677/$1,000 • Total Valuation$5,181,300 The County will lose $9,724, City of Federal Way will gain $5,044, Fire District will remain the same. Currently it is an open land without any additional revenue or expenses. The property owner will have a saving of the difference between the City's revenue and County revenue which will be $4,680.The property will be closer to police response without additional cost. Thankyou Aa'e'l4nwooCa, M g14, C FM Finance Director City of Federal Way City Hall 33325 8'Avenue South Federal Way, WA 98003 253-835-2520 From: Margaret Clark Sent:Thursday,January 16, 2020 4:59 PM To:Ade Ariwoola Cc: Chase Donnelly Subject: Information for Pape Annexation Hi Ade, I apologize for not providing you with this before. Margaret H. Clark, AICP Principal Planner 1�► Federal Way 333258 1h Avenue South Federal Way,WA 98003-6325 Phone: 253/835-2646 Fax: 253/835-2609 •iryr•1�,,,,,.�/.Clf ,i?II�_'C:i�-:i=��b° �'�'.�Ci.lfl 1 T-1 -9 0 b 0 t r x hi I u Correspondence from Lalcehaven Water & Sewer District Margaret Clark From: Brian Asbury <BAsbury@lakehaven.org> Sent: Thursday, December 19, 2019 2:27 PM To: Margaret Clark Subject: City of Federal Way Annexation - NEC of 1-5 & S 320th St Attachments: 19-104441-PC-Annexation.pdf Margaret, Lakehaven's comments below, regarding the proposed City annexation of seven (7)tax parcels (0921049028, 0921049139,0921049140, 0921049160, 0921049187, 0921049206 &0921049316). Let me know if there's any questions or if additional information is needed. • These properties are within Lakehaven's corporate boundary, and within Lakehaven's water&sewer service boundaries. • The existing water&sewer systems have the capacity to serve anticipated future land uses/development on these properties. ® Lakehaven has no comment on the proposed annexation. Future site development will require extension of water& sewer system facilities (including extend-to-far edge for sewer), under Lakehaven's Developer Extension Agreement process. Brian Asbury Development Engineering Supervisor Ukehaven Lakehaven DE Website The contents of this email may be determined to be a public record and subject to disclosure pursuant to RCW 42.56 regardless of any expectations or claims of confidentiality or privilege asserted. 1 E x hib it H Technical Appendix D to the 2016 King County Comprehensive Plan Attachment H to Proposed Ordinance 2016-0155 Technical Appendix D to 2016 Comprehensive Plan King County 2016 King County Comprehensive Plan Update TECHNICAL PV D GROWTH TARGETS S E S AND THE U ` BAK GROWTH EA D-1 (( ^#:r_,;:._: i- ))Novembe, 22,2016 Technical Appendix D Growth and the Urban Growth A ToWe I. Abstract...................................................................................................................................... 3 II. Background...............................................................................................................................4 III. Size of the Urban Growth Area............................................................................................... 5 A. Growth to be Accommodated.................................................................................................. 5 1. Projected Countywide Household Growth............................................................................ 5 2. Allocation of Population, Housing and Job Growth within King County ................................ 6 3. Allocation of Projected Household Growth to Cities and Unincorporated King County........11 B. Land Capacity in the UGA .....................................................................................................12 1. Countywide.........................................................................................................................12 2. Unincorporated King County...............................................................................................13 IV. Conclusion..............................................................................................................................13 D-2 (([F;�'!!i.;�, :1))'y1 F�.P Fpier 22,2016 1 . Abstract This appendix provides an analysis of growth trends in order to review the size and location of the King County Urban Growth Area (UGA). The appendix discusses the factors that contribute to review of the drawing of the UGA to accommodate projected population growth by 2022 pursuant to the state Growth Management Act (GMA). The relevant information for this study came from reports of the various technical committees assigned to provide data for the UGA, the Countywide Planning Policies, the Environmental Impact Statements of the Countywide Planning Policies and the King County Comprehensive Plan, the Buildable Lands amendment to the GMA, the VISION 2040 plan of the Puget Sound Regional Council, and a review of the work of other jurisdictions developing similar policies throughout the country. Appendix D was originally prepared in 1994 and updated in 2004, 2008 and 2012. This Appendix D-2016 supplements the original with new information. The analysis was updated in 2004 and 2008 to reflect four changes since 1994: - Growth of population, housing units and jobs in the years since 1994; - New population forecasts prepared by Washington State in early 2002 and 2007; - The King County Buildable Lands Report, completed in 2002 and 2007 pursuant to the 1997 Buildable Lands amendment to the GMA; and - New principles for allocating growth, specifically that each jurisdiction accommodate a share of the forecasted growth and that population and job growth should be in balance. This 2016 Appendix incorporates the original Appendix D by reference, but does not address issues already covered by the original, such as delineation of the UGA. Therefore, it supplements but does not replace Appendix D. This revised Appendix describes modifications to the assumptions and methodology used to extend the original growth targets beyond 2012. In 2002, 2007 and 2014, King County and its cities compiled land supply, land capacity and density data and submitted an evaluation report under the Buildable Lands amendment to the GMA. This report contained Current measures of land capacity, revised to represent adopted plans and zoning throughout King County's UGA. This updated, more accurate land Supply information was combined with the updated land Demand information from State forecasts, in order to review the size and adequacy of the UGA. The King County UGA is sized to adequately accommodate projected growth while also accounting for unpredictable circumstances that could alter the calculated supply of buildable land or the number of households needed to accommodate projected population growth. The location of the UGA takes in areas of the County that already have urban services or have solid commitments for urban services, and as a result, would be inconsistent with the criteria for rural land. The most recent Buildable Lands information, completed in 2007 and updated in 2014, affirms the adequacy of the existing UGA to accommodate all of the county's projected growth through 2031 ((22)) and beyond. This is true both for the entire Urban Growth Area and for the unincorporated portions of the UGA. In 2015, the state Department of Commerce acknowledged that the 2012 King County Comprehensive Plan satisfies the GMA requirement for a 2015 plan update, including the growth targets contained in the 2012 Comprehensive Plan that allocate housing and job growth through 2031. As such, the 2016 Update is subject to the rules applicable to an annual comprehensive plan amendment. The GMA does not require the county to complete another comprehensive plan update until 2023. D-3 ((reptepn November 22,2016 II . Background The Countywide Planning Policies established a framework Urban Growth Area (UGA) for King County. King County designated a final UGA in its 1994 Comprehensive Plan based on this framework. Each city within King County is responsible for determining, through its comprehensive plan, land use within its borders, including accommodating the broad range of residential and nonresidential uses associated with urban growth. King County is responsible for establishing land use in the unincorporated portion of the UGA through its comprehensive plan. Key factors used in setting the UGA include population forecasts, growth targets, and land capacity. Population forecasts are predictions about future behavior based on past trends. Growth targets are a jurisdiction's policy statement on how many net new housing units it intends to accommodate in the future based on population forecasts and the expected size of the average household. Land capacity is derived from an estimate of vacant land plus the redevelopment potential of land already partially developed or underutilized. Discount factors are applied to the estimate of land capacity to account for probable constraints to actually developing the land. Forecasts are useful as an indicator of the potential future demand for land. Targets follow the development of specific goals and objectives for future growth and, under the GMA, they must be supported by commitment of funds, incentives, and regulations. Discounted capacity is a realistic estimate of how much growth may be accommodated in a geographic area. Under the GMA, each county is required to accommodate 20 years of population growth. Counties are to establish UGAs "within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature" (RCW 36.70A.110(1)). Further based on OFM population projections.-the GMA-requires the. U_GA to "in-elude areas_ and densities sufficient to perrmit-the -- urban growth that is projected to occur in the county for the succeeding twenty-year period" (RCW 36.70A.110(2)). As part of the county's planning, it must accommodate housing and employment growth targets, including institutional and other nonresidential uses. As specified in RCW 36.70A.110(1), all cities are places for urban growth and, by law, must be included within the Countywide UGA. In addition, unincorporated areas may be included within the UGA "only if such territory already is characterized by urban growth or is adjacent to territory already characterized by urban growth". Each UGA also shall include greenbelt and open space areas (RCW 36.70A.110(2)). Several GMA goals, such as those dealing with affordable housing, economic development, open space, recreation, and the environment, have an important bearing on these UGA requirements. These goals need to be balanced with those which encourage efficient urban growth and discourage urban sprawl. The so-called "concurrency" goal for public facilities and services directs jurisdictions to ensure that "those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy without decreasing current service levels below locally established minimum standards" (RCW 36.70A.020(12)). Ensuring adequate land for industrial and commercial development and providing enough land to allow for choices in where people live will help advance economic development and maintain housing affordability. If the UGA is adequately sized then pressures to develop on environmentally constrained land and on areas set-aside for open space are reduced. These factors must be balanced with the goal of reducing urban sprawl when determining the UGA. D-4 ((September ))Novt3ro7 . 22,2016 Ill . Size of the Urhan A. Growth to be Accommodated 1. Projected Countywide Household Growth The Growth Management Act (GMA), adopted in 1990, requires Washington State counties to accommodate forecasted growth, to allocate that growth among their jurisdictions and to designate Urban and Rural areas. In King County, the allocation takes the form of "growth targets" for household/housing unit and job growth over a 20-year or 25-year Growth Management period. The first set of growth targets was enacted by King County through the Countywide Planning Policies in 1994. For the period 1992 to 2012, the targets specified a range of household and job growth each city and the unincorporated area were expected to accommodate. These targets allowed King County jurisdictions collectively to accommodate the 293,100 additional people forecasted for the period 1992 to 2012. The growth targets were updated in 2002 to guide growth for the period 2001 — 2022, and again in 2010 for the 2006 —2031 planning horizon. The GMA requires a ten-year update of Growth Management plans. During the period since the first set of targets were adopted, six new cities have incorporated in King County, and other cities have annexed large areas. By the time of the 2000 Census, King County had 173,000 more residents than in 1994. Furthermore, in 2002 and again in 2007, the Washington State Office of Financial Management (OFM) released a new set of population forecasts for whole counties, out to 2030. It is important to note that the 2002, 2007 and 2012 OFM forecasts ratified the accuracy of earlier forecasts, of the adopted targets, and of the 1994 delineation of the Urban Growth Area (UGA). King County population growth since 1994 has tracked well against OFM's forecasts which were the basis for the 1994 Comprehensive Plan targets and UGA. Therefore, no radical change to the targets is necessary— only an extension to accommodate additional years of growth. Land use decisions are more closely dependent on the expected growth in households and dwelling units than on simple population forecasts. As a result. the OFM population forecast of an additional 469,000 people between 2006 and 2031 must be translated into a number of additional households in order to be meaningful for purposes of land use planning. Household size is an estimate of the number of people expected to live in each dwelling unit and is used to calculate how many new households will be needed to accommodate the expected increase in population. The paragraphs below explain how analysis of forecasts and household sizes resulted in the translation of the OFM population forecast into new household and job growth targets for 20131. The Growth Management Planning Council (GMPC), made up of elected officials representing King County jurisdictions, appointed a committee of planning directors and other city and county staff to plan methodology and develop new targets, for both the 2002 and post-2007 target updates. The committee's me[hodology grew out of two principles: that each jurisdiction would take a share of the County's required growth, and there would be an earnest attempt to balance household and job growth in broad clusters of jurisdictions. D-5 �� f,; ;,r_i))\.,_;,.!.r_f,,r:_"?,2016 The methodology began by removing "group quarters" (institutional) population from consideration, since such population does not constitute households living in housing units. The methodology also removed Rural areas from consideration as locations of growth. This assumed Rural areas will gain only a small share of total household growth — four percent of total growth, later reduced to three percent — consistent with recent trends. Remaining steps of the methodology focused on the Urban Growth Area, in order to accommodate the projected growth there. See Summary of Methodology below. Table A Population Population 25-year 2006 2031 Change Notes Total Population 1,835,000 2,304,300 + 469,300 a. less Group Qtrs. - 38,000 57.500 19,500 b. = Pop.in HHolds 1,797,000 2,246,800 449,800 divided by HHsize 2.36 2.26 -0.19 C. =households 761,400 994,000 + 232,600 +vacancy rate 4.8% 4.3% d. = housing units 799,800 1,038,400 + 238,600 less Rural 48,000 53,400 5,400 e- = Urban housg units 751,800 985,000 + 233,200 f. Notes: a.Source of countywide population forecast: OFM Dec 2007,and Vision 2040. b.Group quarters(institutional population)forecasted to increase approx 50%. c.Average household size forecasted to decrease moderately. d.Vacancy rates,currently high,forecasted to return to historical averages. e.Rural areas are projected to take 3%of countywide population growth f.Urban housing units to allocate:+233,200 housing units over 25 years 2006-2031. All numbers are rounded Sources: US Census,OFM, King County Targets Committee,and King County PSB. 2. Allocation of Population, Housing and Job Growth within King County New OFM and PSRC Forecasts and New Policy Guidance from Vision 2040 Washington State's Office of Financial Management released new population projections in 2007, which showed King County growing at a faster rate than previously forecasted. OFM projected one-third more growth by 2022 than its 2002 forecast had predicted. Overall, for the extended planning period, the county is expected to grow by about 469,000 people between 2006 and 2031 to a total population of 2.3 million. OFM provides a range of forecasts from high to low, but King County has used the medium or what OFM deems the "most likely" forecast number. The medium forecast for King County in 2030 is about 2,263,000 persons. Employment forecasts released by PSRC in 2006 showed growth in the county, over this same 25- vaar period of about 490,000 obs to a total of about 1.7 millinn iobs in 7031 This is also an increase over the earlier employment targets which, over a somewhat shorter period, anticipated a 22-year increase of 289,000 jobs in King County. D-6 ((Sep + er ))No:;ri cr ,2016 In 2008, the Puget Sound Regional Council adopted VISION 2040, a growth management, transportation. and economic development strategy for the 4-county region. With VISION 2040, the PSRC has arnended its Multicounty Planning Policies (MPPs) to address coordinated action around a range of policy areas, including development patterns and the distribution of growth. King County also updated the Countywide Planning Policies in 2012 to address the policy guidance contained in the newly updated MPPs. VISION 2040 also contains a Regional Growth Strategy that provides substantive guidance for planning for the roughly 1.7 million additional people and 1.2 million additional jobs expected in the region between 2000 and 2040. The strategy retains much of the discretion that counties and cities have in setting local targets, while calling for broad shifts in where growth locates within the region. It establishes six clusters of jurisdictions called "regional geographies" —four types of cities defined by size and status in the region and two unincorporated types, urban and rural.' In comparison to previous trends, the Strategy calls for: • Increasing the amount of growth targeted to cities that contain regionally designated urban centers (to include both Metropolitan Cities and Core Cities) • Increasing the amount of growth targeted to other Larger Cities • Decreasing the amount of growth targeted to Urban unincorporated areas, Rural designated unincorporated areas, and to many Small Cities • Achieving a greater jobs-housing balance within the region by shifting projected ((pepu pa ilaticn growth into King County and shifting forecasted employment growth out of King County. New Growth Tar_ ets, 2006— 2031 To guide the required update of comprehensive plans, the GMPC approved a new set of hauling and job growth targets for each King County jurisdiction, covering the 25-year period 2006 — 2031. These were adopted in 2010, re-adapted with the Countywide Planning Policies in 2012, and are still in effect. The new updates to the targets, based on the 2007 population projections from OFM and the requirements and policy framework contained in VISION 2040, provide substantive guidance to cities so they can update their 20-year comprehensive plans. New growth targets extend the countywide planning period horizon to 2031, 20 years beyond the originally-slated 2011 comprehensive plan update deadline. The new targets are organized by the Regional Geography categories in VISION 2040. This new geography replaces the 4 planning subareas—Seashore, East County, South County, and Rural Cities—which provided a framework for allocating the ' Under VISION 2040, King County jurisdictions are clustered in six "regional geographies": - Metropolitan Cities: Seattle, Bellevue - Core Suburban Cities: Auburn, Bothell, Burien, Federal Way, Kent, Kirkland, Redmond, Renton, SeaTac, Tukwila - Larger Suburban Cities: Des Moines, Issaquah, Kenmore, Maple Valley, Mercer Island, Sammamish, Shoreline, Woodinville - Small Cities: ' Algona, Beaux Arts, Black Diamond, Carnation, Clyde Hill, Covington, Duvall, Enumclaw, Hunts Point, Lake Forest Park, Medina, Milton, Newcastle, Normandy Park, North Bend, Pacific, Skykomish, Snoqualmie, Yarrow Point - Urban Unincorporated King County: all unincorporated within Urban Growth Area - Rural Unincorporated King County: rural- and resource-designated areas outside UGA. targets in the earlier CPPs. Where the previous targets foster jobs-housing balance in the 4 subareas, the new target approach aims to achieve improved balance at the county level and within jurisdictions classified by Regional Geographies. These new growth targets for King County move toward achieving the desired pattern of growth laid out in VISION 2040, while recognizing the long-term nature of the regional land use goals and the many challenges involved in moving away from past growth patterns. Summartr of Methodology In 2009, a committee of policy and technical staff from the county and cities convened to develop updated growth targets as a collaborative effort. The committee prepared a set of draft evorking targets for large areas—the county as a whole and Regional Geographies--then hegail the process of allocating the Regional Geography growth numbers to each individual jurisdiction- The methodology used to generate the draft targets included the following steps and factors: Establish target time frame. The year 2031 was established as the target horizon year, giving cities a full 20-year planning period from the original GMA update deadline of 2011. The year 2006 was used as a base year because of the availability of complete data, including Buildable Lands estimates. Notably, the proposed target ranges did not account for annexations since 2006. Establish county total for population growth.Assuming the 4-county region as a whole plans for the mid-range projection of population, King County gets 42% of the region-wide population growth through 2031, consistent with VISION 2040. The result: growth of 567,000 people between 2000 and 2031 to a total population of 2,304,000. This number represents a small shift of population to King County from other counties, compared with OFM projections. Establish county total for job growth. Using the PSRC forecast of employment for the region, King County gets 58% of the regional employment growth through 2031, consistent with VISION 2040. The result: growth of 441,000 jobs between 2000 and 2031 to a total of 1,637,000 jobs. This number represents a shift of about 50,000 jobs out of King County to the other three counties in the region compared with earlier forecasts. Allocate population to Regional Geographies within the county, based closely on VISION 2040, but also accounting for factors such as recent growth trends and anticipated annexation of major PAAs. Convert population to total 2031 housing units. Housing units are the element that jurisdictions can regulate and monitor. Also, VISION 2040 calls for housing unit targets for each regional geography and jurisdiction. This is a change from the previous King County CPPs, which set targets for households. Total housing stock needed in 2031 was calculated based on the following assumptions: - assumed group quarter (institutions) rates, 2.5% of the year 2031 population; - assumed fLILUre average household size, 2.26 persons per household, a decline of 0.14 persons per household from the 2000 Census; - assumed vacancy rates to convert households into housing units, a countywide average of 4.3%. Each of the assumptions was adjusted to fit the demographic and housing market differences between Regional Geographies. D-8 - f,.e -. ar_f 22,2016 • Calculate housing growth need within Regional Geographies. As a final step, the base year (2006) housing stock was subtracted from the total 2031 units to determine the net additional new housing units needed by 2031 in each Regional Geography. • Allocate employment growth to Regional Geographies within the county, based closely on VISION 2040, and also accounting for employment changes since 2000. The results of this process are shown in the tables below. Table 1: Population by County Reg'I Growth Population Population Population Strategy Change Year: 2000 2030 2000-2040 2000-2031 King 1,737,000 2,263,000 42.3% 567,360 Snohornish 606,000 950,100 26.1% 349,510 Pierce 700,800 1,050,900 23.0% 307,970 Kitsap 232,000 314,600 8.7% 116,760 Region 3,275,800 4,578,600 100% 1,341,600 Table 2:Jobs by County are o ]obs Jobs Job Growth Job Change Year: 2000 2030 2000-2040 2000-2031 King 1,196,043 1,664,780 57.7% 441,372 Snohomish 217,673 350,001 20.1% 153,754 Pierce 261,695 367,248 17.1% 130,805 Kitsap 84,632 115,649 5.1% 39,012 Region 1,760,043 2,497,678 100%1 764,943 Table 3:Population and Housing by Regional Geography in King County Group Share of 25-Year Pop. quarters Persons per Vacancy Housing Pop Growth Change Share Household Rate Units Needed Regional Geography 2031 2031 2031 2006-2031 Metro Cities 44% 206,100 4.5% 2.035 4.7% 103,100 Core Sub Cities 30% 139,700 1.5% 2.260 4.4% 72,900 Larger Sub Cities 13% 62,200 1.9% 2.450 3.6% 29,000 Smaller Sub Cities 5% 22,700 0.5% 2.540 3.0% 10,800 Uninc Urban 5% 25,300 0.5% 2.600 3.0% 18,100 Rural 3% 13,000 0.5% 2.800 5.0% 5,400 Ki ng County Total 100%1 469,000 1 2.5% 2.26 4.3% 239,200 UGA only: 233,800 p_g ((5eptembe�4))N igen ber 22,2016 Table 4:Jobs by Regional Geography in King County Share of Future Job Total Adjusted for Total Share of Job Data: Growth New Jobs 2000-06 growth New Jobs Growth Year: 2000-2040 2000-2031 1 2006-2031 2006-2031 Metro Cities 45.2% 199,700 199,700 46.5% Core Sub Cities 37.8% 166,700 - 166,700 38.8% Larger Sub Cities 10.4% 45,700 3,000 42,700 9.9% Smaller Sub Cities 3.2% 14,000 4,400 9,600 2.2% UnincUrban 2.7% 12,100 1,500 10,600 2.5% Rural 0.7% 3,200 3,600 King County Total 100.0% 441,400 1 UGA Only: 1 438,200 429,300 100.0% Allocate housing units and jobs to individual jurisdictions. Within each Regional Geography, staff met to develop a proposed range of draft targets for housing and jobs for each jurisdiction. Criteria that were used to inform the allocation included the following: Countywide Planning Policies, including previous targets for the 2001-2022 planning period Data from the 2007 Buildable Lands Report, including development trends and land capacity • Current population, jobs, and land area Local policies, plans, zoning and other regulations Local factors, such as large planned developments, and opportunities and constraints for future residential and commercial development "Fair share" distribution of the responsibility to accommodate future growth • Location within the county. The results of this process ultimately became Table DP-1, which was reproduced on page D-14 of Technical Appendix D to the 2012 Comprehensive Plan. In November 20151 the GMPC approved a technical adjustment to Table DP-1 to account for recent annexations to Bellevue, Bothell, Sammamish and Tukwila. Annexations shift the potential- annexation-area target from unincorporated King County to the annexing city. The revised Table DP-1, effective through January 2, 2016, is reproduced on page D-((4-5))14 of this Technical Appendix. See table of adjusted 2006-2031 targets on page D-15. The table shows 25-year household growth targets for each city and for unincorporated areas within the UGA. Unincorporated Urban targets add to only 11,140 housing units, less than 5% of the ((UFban area)) Urban area total housing target. Most of the Urban growth is expected to occur in cities. In addition, the adopted targets provide for annexation of the remaining Urban area by specifying the number of households in potential annexation areas (PAAs). These numbers are shown as "PAA housing target" in the table. As cities annex territory, the responsibility to accommodate that specific share of growth goes with the annexation, and shifts from unincorporated target into a city target. Before 203 1, all of King County is expected to be within city limits except for designated Rural and Resource areas. D-10 ((€,arta- r er 1))N ov rnber 22,2016 In 2012, Washington State OFM released a new set of population forecasts. The 2012 forecast was so similar to OFM's 2007 forecast (within 1% in 2030) that revision of the targets was deemed unnecessary, given GMA guidance to plan within a broad range of forecasted population growth. 3. Allocation of Projected Household Growth to Cities and Unincorporated King County The ((lea a)) urban area 2006-31 growth target of 233,000 housing units was allocated to each of King County's 39 cities and to the County's Urban unincorporated area by the Countywide Planning Policies. These These targets are estimates of the number of new housing units that jurisdictions expect to receive and plan for during the period. The targets for each of the cities and the unincorporated area are intended as a guide with some flexibility to reflect the limiter capability of individual jurisdictions to determine their precise levels of growth. It is essential that each jurisdiction adopt policies and regulations that allow the jurisdiction to accommodate that targeted amount. The allocation of households to jurisdictions is connected to the allocation of estimated future jobs. Although not required by the GMA, the Countywide Planning Policies included a 25-year employment target in addition to the housing target and also allocated the employment target to the cities and unincorporated King County. The Countywide employment growth target of 429,000 (Table 4) was based on job forecasts prepared by the Puget Sound Regional Council and was allocated to the cities and the county based upon factors listed above. The cities' housing targets are tied in part to their employment targets because of the relationship between household and employment growth and the need to support Urban Centers while balancing local employment opportunities in activity centers and neighborhoods in the urban area. Targets represent a commitment by the jurisdiction to accommodate grovvLh. The Countywide Planning Policies require jLlrisdictions to plan for their targeted growth and, to -adopt a regulatory framework and the necessary infrastructure funding to achieve the targeted growth. The way each jurisdiction achieves its targets is within its discretion. It is the responsibility of each jurisdiction to determine how best to plan for its growth targets. The jurisdictions impose a variety of regulatory measures, appropriate to their area, to achieve their goals. It is the responsibility of King County to implement its growth targets through zoning decisions and other policies in the unincorporated areas. Under this methodology, new cities are treated the same way as annexations. In this way, the entire Urban unincorporated allocation can be distributed among the annexing and new cities as they absorb unincorporated communities over time. The Rural target allocation remains in unincorporated King County because it is not annexed or incorporated. Annexations to six Rural Cities are not subject to these adjustments because their target allocation already includes their UGA expansion area. 2 King County Countywide Planning Policies, Policy DP-12. King County Council Ordinance No. 17486, December 3, 2012. D-11 �� : a�_l r 1))ti;i.:vi'f_ 2016 B. land Capacity in the UGA 1. Countywide King County is required by the GMA to ensure sufficient land is available to accommodate the expected number of households within the planning horizon. Most of the anticipated growth will occur in the UGA, including cities and unincorporated Urban areas. Estimating land capacity involves (( Gh )) more than ((mom)) adding up all vacant and potentially redevelopable land in the county. Land capacity is an estimate of the amount of buildable land that is likely to be actually developable; that means taking the base, or raw, number and subtracting out land that is unbuildable due to environmental and other constraints. A 1997 amendment to the GMA required King County and its cities to measure "Buildable Land" capacity, to verify that the Urban Growth Area has sufficient land capacity to accommodate our targeted growth. The Buildable Lands amendment requires rigorous analysis of land capacity, using a methodology ensuring that the capacity measurement is realistic, not theoretical. The factors for calculating land capacity must reflect the actual densities of development achieved by the jurisdiction in the previous five years. King County and its cities followed these requirements, fully discounting for critical areas, future rights-of-way, public purpose lands and a market factor. The market factor recognizes that, for market reasons, some buildable lands may not be developed during the time horizon of the analysis. In 2007, using this methodology, King County jurisdictions conducted an updated inventory of land supply (measured in acres) and land capacity (measured in housing units and jobs that can be accommodated) as of 2006. The 2007 Buildable Lands Evaluation Report (BLR), published in September, 2007, concluded that the King County UGA contains more than 21,900 acres of land suitable for residential growth. The UGA can accommodate more than 289,000 new housing units. This capacity is sufficient to absorb the 2006-2031 target of 233,000 new housing units. Furthermore, each of the Regional Geographies had sufficient capacity to accommodate their growth targets. The same exacting methodology was carried out in the most recent buildable lands analysis. The 2014 Buildable Lands Report found a similar surplus of capacity in the King County UGA. As of 2012, the entire King County UGA has an estimated residential capacity of 417,300 additional housing units, more than twice the remaining target of 177,600 housing units. Each of the Regional Geographies has sufficient capacity to absorb targeted growth. The 2014 BLR also reported that the UGA has capacity for more than 658,000 jobs, 60% more than the remaining job target of 410,600 jobs. All the city Regional Geographies have a surplus of job capacity. These are measures of current capacity, based on plans and zoning currently (2012) in place, estimated using the rigorous methodology and criteria in the Buildable Lands amendment, RCW 36.70A.215. The 2007 and 2014 Buildable Lands Reports affirm that there exists sufficient capacity in the King County UGA to accommodate the entire county's growth forecast through 2031. This includes capacity for residential uses and non-residential uses including institutional, commercial and industrial uses. Based on this updated information, it is clear that no change to the UGA is necessary. D-12 vovei r 22, 2016 2. Unincorporated King County The Buildable Lands Evaluation Reports measured land capacity in each of King County's five Urban Regional Geographies and by individual jurisdiction. Detailed information is available from those Reports, incorporated here by reference. [see littp://your.kirIgcoullty.gov/budgetibuildlandibldlndO7.htm and h+f n•11 L i n n rri 5.1{]a'��^,^�-,�.,^;�;�K�c`�l-� http:llw vw kingcounty clov/depts,lpermitting-environmental-review/codes/2014-KC:-Br+ildable- Lands-Report.aspx). Unincorporated Urban King County as a whale can accommodate more than 12,700 new housing units, only three percent of the Urban King County total, but sufficient to accommodate the remaining unincorporated Urban target of 7,970 housing units. As unincorporated Urban areas are annexed to cities, the associated targets shift to the city. so that by the end of the planning period, the unincorporated Urban target will dwindle to near zero. The 2014 Buildable Lands Report measured an employment capacity in unincorporated King County of just over 6.900 jobs, slightly less than the remaining urban unincorporated target of 7,700 jobs. Under the GMA. VISION 2040 and the Countywide Planning Policies, cities are designated and intended to accommodate almost all employment growth in the county. Prior to planning under the GMA, unincorporated King County absorbed a large share of the county's residential and job growth. Since beginning to plan under the GMA. the county's growth has shifted almost entirely into the cities. However, a commensurate share of urban unincorporated growth targets did not shift into the cities. Annexations transferred more capacity than target into annexing cities, leaving residual unincorporated targets that are out of balance with actual capacity. Bearing in mind that the UGA as a whole does have sufficient capacity for commercial and industrial growth, the small shortfall in urban unincorporated job capacity is a technical issue that will be addressed as further annexations occur. condusioll This Appendix provides updates to the Appendix D of the 2012 Comprehensive Plan. In 2015, the state Department of Commerce acknowledged that the 2012 Comprehensive Plan satisfies the GMA requirement for King County to update a comprehensive plan by June 2015. The Countywide Planning Policies. also adopted in 2012, affirmed the growth targets for King County and its cities for the period 2006 — 2031. Those targets remain in effect, and they guide cities and the county in preparing comprehensive plan updates. Therefore, this Appendix augments the 2012 Appendix D 'to explain how analysis of projected growth and capacity in the UGA led to the current 2006— 2031 growth targets. King County's first set of growth targets, covering the period from 1992 — 2012, was based on Washington State OFM's 1992 population forecast. The county's actual population growth tracked well against the '1992 forecast. In 2002, 2007 and 2012, OFM published revised forecasts which were used to update growth targets to cover the 2001 — 2022 planning period, then the 2006 — 2031 period. King County's population growth has continued to track the OFM predictions well. In 2007, OFM released a population forecast to 2030 that formed the basis for updating King County growth targets in 2009. King County officials responded with an extensive process to update the growth targets again, based on the 2007 forecast. This update was conducted as part D-13 Ncvun'i.er 22,2016 of the revisions made to the Countywide Planning Policies, which were recommended by the Growth Management Planning Council, adopted by King County in 2012, and ratified by the cities in 2013. The update also incorporated guidance from the Puget Sound Regional Council's VISION 2040 plan, which calls for focusing housing and job growth into cities with major Urban Centers. King County's current growth targets, covering the period 2006 — 2031, were restructured from a subarea orientation to fit six "Regional Geographies" outlined by VISION 2040. In compliance with VISION 2040, these new targets direct most growth (74% of housing, 85% of jobs) into two "Metropolitan Cities" and 10 "Core Suburban Cities", each with a major Urban Center. Within unincorporated King County, the targets provide for modest growth in Urban areas and very limited growth in Rural and Resource areas. Data from the 2010 US Census confirm that King County's population growth comports with OFM's 2007 forecast. Land capacity data from the 2007 and 2014 Buildable Lands Report, together with updated development plans of the county's major cities, confirm that King County's Urban Growth Area continues to be appropriately sized in order to accommodate growth expected through the year 2031, and that the UGA has sufficient capacity to accommodate forecasted residential and non-residential growth including institutional, commercial and industrial uses. However, in accordance with both county's Comprehensive Plan policies and the Countywide Planning Policies, the Urban Growth Area may be adjusted if a countywide analysis determines that the current Urban Growth Area is insufficient in size and additional land is needed to accommodate the housing and employment growth targets, including institutional and other non-residential uses, and there are no other reasonable measures, such as increasing density or rezoning existing urban land, that would avoid the need to expand the Urban Growth Area. King County Growth Targets Update: Revised Table DP-1 Table for inclusion in Countywide Planning Policies, June 2011 —adjusted 2015 Regional Geography Housing Target PAA Housing Employment PAA Emp.Target City/Subarea Target Target Net New Units Net New Units Net New Jobs Net New Jobs 2006-2031 2006-2031 2006-2031 2006-2031 Metropolitan Cities Bellevue 17,290 53,000 Seattle 86,000 146,700 Total 103,290 199,700 Core Cities Auburn 9,620 19,350 -- Bothell 3,810 810 5,000 0 Burien 4,440 5,610 Federal Way 8,100 2,390 12,300 290 Kent 9,270 90 13,280 210 Kirkland 8,570 0 20,850 0 Redmond 10,200 640 23,000 — Renton 14,835 1 3,895 29,000 470 SeaTac 5,800 25,300 Tukwila 4,850 50 17,550 0 Total 79,495 170,590 D-14 ((8epter be4,-4))November 22, 2016 Regional Geography Housing Target PAA Housing Employment PAA Emp.Target Cit /Subarea Target Target Net New Units Net New Units Net New Jobs Net New Jobs 2006-2031 2006-2031 2006-2031 2006-2031 Larger Cities Des Moines 3,000 5,000 Issaquah 5,750 110 20,000 Kenmore 3,500 3,000 Maple Valley- 1,800 1,060 2,000 Mercer Island 2,000 1,000 Sammamish 4,180 350 1,800 Shoreline 5,000 5,000 Woodinville 3,000 5,000 Total 28,230 42,800 Small Cities Algona 190 210 Beaux Arts 3 3 Black Diamond 1,900 1,050 Carnation 330 370 Clyde Hill 10 - Covington 1,470 1,320 Duvall 1,140 840 Enumclaw 1,425 735 Hunts Point 1 Lake Forest Park 475 210 Medina 19 -- Milton 50 90 160 Newcastle 1,200 i 735 Normandy Park 120 65 North Bend 665 1,050 Pacific 285 135 370 Skykomish 10 -- Snoqualmie 1,615 1,050 Yarrow Point 14 Total 10,922 8,168 Urban Unincorporated Potential Annexation Areas 8,760 970 North Highline 820 2,170 Bear Creek Urban Planned Dev 910 3,580 Unclaimed Urban Unincorp. 650 90 Total 11,140 6,810 King County UGA Total 233,077 428,068 D-15 ((Septewtser-•1))November 22,2016 Regional Geography Housing Target PAA Housing Employment PAA Emp.Target City/Subarea Target Target Net New Units Net New Units Net New Jobs Net New Jobs 2006-2031 2006-2031 2006-2031 2006-2031 King County Growth Management Planning Council, adopted October 2009 and ratified by cities in 2010. These were re- adopted with the countywide planning policies in 2012 and ratified in 2013. Targets base year is 2006. PAA/city targets have been adjusted to reflect annexations through 2016. Target for Maple Valley PAA is contingent on approval of city-county joint plan for Summit Place. D-16 ((Septew4er-4))November 22,2016 RESOLUTION NO. A RESOLUTION of the City of Federal Way,Washington accepting the "South 320th Street"60 percent annexation petition to the City pursuant to RCW 35A.14.120; providing notice of intent to annex to the King County Boundary Review Board, assigning proposed zoning and comprehensive plan designations upon annexation; and requiring assumption of a proportionate share of City indebtedness. WHEREAS,Chapter 8 of the Federal Way Comprehensive Plan,last amended by Ordinance 15-796 in 2015,establishes planning goals,policies,and implementation strategies for the Potential Annexation Areas (PAAs); and WHEREAS, pursuant to RCW 35A.14.120, the City Council, on November 19, 2019, accepted a 10 percent petition for the "South 320th Street" proposed annexation area shown in Exhibit A,which action authorized the circulation of a 60 percent petition for annexation subject to conditions that the area be designated and zoned Community Business(BC)and further that the area assume its proportionate share of the City's indebtedness; and WHEREAS, pursuant to RCW 35A.14.120 the initiators of the "South 320th Street Annexation"have now obtained the signatures of property owners representing more than 60 percent of the current total assessed value of all parcels (Exhibit B) within the proposed annexation area legally described in Exhibit C; and WHEREAS,pursuant to RCW 35A.01.040 the King County Assessor's Office on January 15,2020,certified the 60 percent petition as sufficient,a copy of which is attached hereto as Exhibit D; and Resolution No. 20- Page I of 4 Rev 1/19 WHEREAS,the annexation area being contiguous with the existing City limits,lies within a portion of unincorporated King County, which has been established as the Federal Way Urban Growth Area; and WHEREAS,the annexation area as mapped in Exhibit A, lies within unincorporated King County and may generally be described as an area of approximately twenty-one(2 1)acres,bounded on the west by Interstate 5, on the north by a residential neighborhood,the east by the future 32nd Avenue South, and the south by South 320th Street; and WHEREAS, on March 17, 2020, a properly noticed public hearing was held pursuant to RCW 35A.14.130 and all persons who wished to provide testimony were heard. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Notice of Intent. Subject to Sections 2 through 4 below, the Federal Way City Council authorizes staff pursuant to RCW 35A.14.120 and the requirements of the King County Boundary Review Board to submit a Notice of Intention to Annexation, attached hereto as Exhibit E, for the area legally described in attached Exhibit C and depicted in Exhibit A. Section 2. Indebtedness Assumed. The area legally described and depicted in attached Exhibits C and A respectively, shall be required to assume its proportionate share of the general indebtedness of the City of Federal Way at the time of the effective date of such annexation. Section 3. Land Use and Zoning Designations. The area legally described and depicted in Exhibits C and A, if annexed, shall be designated in the City's Comprehensive Plan as Community Business (BC) and on the City's Official Zoning Map as Community Business (BC). Resolution No. 20- Page 2 of 4 Rev 1/19 Section 4.Notice. A certified copy of this resolution, together with a copy of the 60 percent petition and required Notice of Intention packet, shall be filed with the King County Boundary Review Board in accordance with its procedures. 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. 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. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20 . [signatures to follow] Resolution No. 20- Page 3 of 4 Rev 1/19 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.20- Page 4 of 4 Rev 1/19 Exhibit A Map of Proposed Annexation Area N88'20'05'W N88'20'05"W 686.94' 316TH ST. TAX PARCEL NO.: A 0921049028 B 0921049139 M C 0921049316 ui D 0921049187 E 0921049140 cn F 0921049160 G 0921049206 C.0 uwj -j z 1> < AREA 0 0 TO BE 04 ANNEXED ,pp,p E cli 0) CD z A LTA CD ro 00 CD mD 00 CD 1'=200' 9 N?'Ge�G cli (f) S88'20'47"E 644.46' 0 PARCEL CDCD In CD LO SOUTH 320TH STREET �2 P.O.B. a SCALE. For: JOB NUMBER !'-miZONTAL 1"=200' COBALT 20833 BARGHAUSEN FEDERAL WAY 20833L.001-DOC CONSULTING ENGINEERS, INC Title: SHEET 18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032 425.251.6222 BARGHAUSEN.COM ANNEXATION OffGNED Xxx 10RAWN4TE Exhibit B 60 Percent Petition to Annex TovER SmA•rrfac. Cousui.rl we December 20,2019 City of Federal Way King County Department of Assessment Community Development 500 Fourth Ave. 33325 8th Ave.South #ADM-AS-0708 Federal Way, WA 98003 Seattle,WA 98104 REQUEST FOR SUFFICIENCY DETERMINATION OFA 60%ANNEXATION PETITION FEDERAL WAY—320"'STREET ANNEXATION TO WHOM IT MAY CONCERN: Attached please find an executed 60%petition for the 320'"Street Annexation,including. Signed"to-form"annexation petition as required by the City �a Documentation supporting Lance Jorgensen's authority to sign on behalf of Pape Properties, Inc b A legal description for the area to be annexed b A map of the area to be annexed b A spreadsheet indicating parcel numbers, assessed valuation and %of valuation signed Pape Properties, Inc. became the owners of all seven parcels with the annexation area on December 911 and 101h, which transactions can be located at the following recording numbers: Recording# Tax Parcel# 20191210001552 092104-9160-09 20191209000175 092104-9316-02 &092104-9139-07 20191209000174 092104-9140-04 20191209000172 092104-9206-05 20191209000170 092104-9187-08 20191209000169 092104-9028-01 Upon reaching a sufficiency determination,we respectfully request return of these documents along with said determination to the City of Federal Way at the address first listed above. Should you have any questions, please do not hesitate to contact me at any time. Very Sincerely, wa;.re'4-jw-- David K.Toyer Ifounderl 41kDEPARTMENT OF COMMUNiTi,DEVELOPMENT 33325 81'A%Fenue South Federal Way 1A'A 98003 CITY OF � 253-835-7000 Federal Way j�����.cit�ulledcral�a�.cum NOTICE OF INTENTION TO PETITION FOR ANNEXATION TO: HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FEDERAL WAY 33325 8"i AVENUE SOUTH.FEDERAL WAY,WASHINGTON,98003 The undersigned, who are a proportionate share of the existing city indebtedness and the owners of not less than sixty percent(60%)in value, according to the assessed valuation for general taxation of property for which annexation is sought., hereby advises the City Council of the City of Federal Way that it is the desire of the undersigned residents of the following area to commence annexation proceedings: • The property referred to herein is outlined on the map marked Exhibit"A"and is described in Exhibit "B"attached hereto. The undersigned agree that this petition is signed by a proportionate share of existing city indebtedness as required in the November 19,2019 City Council Meeting. Citi Council Meeting Alinute Entry: MOTION: Councilmember Koppang moved that the City Council accept the Notice of Intention to Petition for Annexation filed by the William V.Pruett,Jr.and Patti A.Pruett Trust on September 26.2019,with conditions to not require adoption of new comprehensive plan and zoning designations and that the area to be annexed be required to assume a proportionate share of existing city indebtedness. Councilmember Moore seconded the motion.The motion carried 7-0. It is requested that the City Council of the City of Federal Way set a date for a public hearing with the undersigned to determine: 1. Whether the City Council will accept the proposed annexation Although there is no time limit specified in the annexation statutes as to when a petition needs to be filed with the Council after it has begun circulating for signatures, the signatures on a petition are valid only if signed no later than six months prior to the filing date,and any signatures older than six months are required to be stricken from the petition by the City Clerk at the time he or she certifies the petition. This page is one of the group of pages containing identical text material and is intended by the signers ofthis Notice of Intention to be presented and considered as one Notice of Intention, and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. OWNER'S SIGNATURE PRINTED NAME ADDRESS&PARCEL DATE SIGNED 1. 31625 32ND AVE S 98003 f Z/iv—d 0921049028 2, NO SITE ADDRESS j 092104-9139 3, 3001 S 320TH ST 98003 fj 092104-9316 f' 4. 3014 S 320TH ST 98003 /Z / 092104-9187 AIL6 5. ATO SITE ADDRESS 092104-9140 -4 we jvttfr's 6- 6. NO SITE ADDRESS11Ei ) 092104-9160 __,_� LANCE ✓G�.dG ENS FN 7. 3114 S 320TH ST 98003 (Z I14,1—IL // 092104-9206 LAA'CEJu2LEtisF�+ NOTE: EACH SIGNATURE PAGE MUST CONTAIN THE DECLARATION AND CONDITIONS SO DESCRIBED ABOVE,AS WELL AS A COPY OF BOTH EXHIBITS ATTACHED THERETO WARNING, Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. RECORD OF ACTION TAKEN WITHOUT MEETING BY THE DIRECTORS OF PAPE PROPERTIES,INC. The following action is taken by the Directors without a meeting but upon the unanimous written consent of the Directors as shown below: RESOLVED,that the Directors of Pape Properties,Inc.approve the purchase of the following properties located in Federal Way,WA from the following sellers: f Seller's NameAddress Parcel# Rand Group,LLC 3001 S. 320th Street, Federal 921049139 Way WA 98003 Rand Group,LLC 3010 S. 320th Street, Federal 921049316 Way, WA 98003 Squaw Peak Properties,LLC 3014 S. 320th Street, Federal . 921049187 _ G Way WA 98003 Henderson Family Trust 3112 S. 320th Street, Federal 921049140 _ Way WA 98003 Judy James 3114 S. 320th Street, Federal 921049206 Way WA 98003 Birkirandeep Singh, Balbir Birk, Sukhraj 31 -56 S. 320th Street, Federal 921049I60 Sm , Lukbinder Johal Way WA 98003 j William Pruett and Patti Pruett 31625 32nd "j S.,Auburn WA 921049028 98001 for a total aggregate purchase price of not more than$7,700,000 in each case pursuant to a Real Estate Purchase and Sale Agreement,a copy of each of which is attached as Exhibits A through G hereto;and FURTHER RESOLVED,that each of Lance Jorgensen,Seth Smythe and Randall Jordan Pape is hereby authorized to sign all documents required to complete this transaction. EFFECTIVE DATE: December 3,2019 APPROVED: PVfary SusaP }� �� Randall Jordan Pape f Smythe Lance lrgeisen LEGAL DESCRIPTION AREA TO BE ANNEXED THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, KING COUNTY,STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ATTHE INTERSECTION OF THE EAST MARGIN OF 32ND AVENUE SOUTH AND THE NORTH MARGIN OF SOUTH 320TH STREET; THENCE ALONG SAID EAST MARGIN, NORTH 02°08'28" EAST, 1,196.43 FEET TO THE CENTERLINE OF SOUTH 316TH STREET; THENCE FOLLOWING SAID CENTERLINE, NORTH 88°20'05"WEST,30.00 FEETTO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE CONTINUING NORTH 88°20'05"WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER, 686.94 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO.5; THENCE THE NEXT 2 COURSES ALONG SAID EAST MARGIN, SOUTH 16°42'28"WEST,528.49 FEET; THENCE SOUTH 14°33'46" EAST,714.61 FEET TO THE NORTH MARGIN OF SAID SOUTH 320TH STREET; THENCE ALONG SAID NORTH MARGIN,SOUTH 88°20'47" EAST,644.46 FEET TO THE TRUE POINT OF BEGINNING. !�Cry'-�..��E'��°;�� ��-�-;�• Project Name: Cobalt Federal Way September 10, 2019 Revised January 8, 2020 BDG/JSE 20833L.001.doc N88-20-05-W -- 30.00' TAX PARCEL NO.: N88'20'05"W 686.94' 316TH ST, A 0921049028 0,30 B 0921049139 w C 0921049316 w D 0921049187 ' E 0921049140 PPFtGEL P J F 0921049160 h G 0921049206 A o uL AREA q TO BE ANNEXED `"' N I; o 2 w °' N Q m o N 0 Z 3 N f x LTV c 0 x J x ro Get.. i I M co �Cr / 9 �G �G M — 00 1'=200' G 0 o I E iS88'20'47'E 644.46' PPRG o PARCEL C _V- o Lo 0 Ln C-4 SOUTH 320TH STREET P.O.B. SCALE. For: {ORIZONTAL 1"=200' COBALT 20833 BARGHAUSEN FEDERAL WAY CONSULTING ENGINEERS, INC. _ 00' Title: 18215 72ND AVENUE SOUTH AREA OF KENT, WA 98032 425.251.6222 BARGHAUSEN.COM ANNEXATION 1 1 DESIGNED __. XXX IDRAWN JS �� r.G i�PR i'_ F S. 320th Street Annexation (Federal Way) Parcel Number Acres Valuation %of Total Valuation 092104.9140 2 28 $ 994,100,00 19% 092104-9206 0.34 $ 146,700.00 3% 092104-9160 196 $ 966,700.00 19% 092104-9028 5.26 $ 805,000.00 16% 092104-9139 9.1a $1,036,500.00 20% 092104-9316 036 $ 154,700.00 3% 092104-9187 2.09 $1,077,600.00 21% .� 181.300.00 's 00°.G Exhibit C Legal Description of Area to be Annexed LEGAL DESCRIPTION AREA TO BE ANNEXED THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9 AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, KING COUNTY,STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST MARGIN OF 32ND AVENUE SOUTH AND THE NORTH MARGIN OF SOUTH 320TH STREET; THENCE ALONG SAID EAST MARGIN, NORTH 02°08'28" EAST, 1,196.43 FEET TO THE CENTERLINE OF SOUTH 316TH STREET; THENCE FOLLOWING SAID CENTERLINE, NORTH 88°20'05"WEST,30.00 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER; THENCE CONTINUING NORTH 88°20'05"WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER,686.94 FEET TO THE EAST MARGIN OF PRIMARY STATE HIGHWAY NO.5; THENCE THE NEXT 2 COURSES ALONG SAID EAST MARGIN, SOUTH 16°42'28"WEST,528.49 FEET; THENCE SOUTH 14°33'46" EAST,714.61 FEET TO THE NORTH MARGIN OF SAID SOUTH 320TH STREET; THENCE ALONG SAID NORTH MARGIN,SOUTH 88°20'47" EAST,644.46 FEET TO THE TRUE POINT OF BEGINNING. ,D. GIZZ c;; 4631$ dVAL LAt4V 1/'10,'2.C Project Name: Cobalt Federal Way September 10,2019 Revised January 8, 2020 BDG/JSE 20833L.001.doc Exhibit D King County Annexation Petition Certification LIM King County Department of Assessments Accounting Division John Wilson 500 Fourth Avenue,ADM-AS-0725 Assessor Seattle,WA 98104-2384 (206)263-2381 FAX(206)296-0106 Email:assessor.info@ldngeounty.gov 1111 Ti;Ui%%y V5.ld n�c a u ii ty.eovlassessa r/ ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted December 26, 2019 to the King County Department of Assessments by David Toyer, President Toyer Strategic Advisors, Inc., supporting the annexation to the City of Federal Way of the properties described as the 320th Street Annexation, has been examined, the property taxpayers, tax parcel numbers, and assessed values of each property listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the Revised Code of Washington, Section 35A.01.040. The Department of Assessments has not verified that the signatures on the petition are valid through comparison with any record of actual signatures, nor that the signatures were obtained or submitted in an appropriate time- j frame and this document does not certify such to be the case. Dated this 15th day of January, 2020 11 _ John Wilson, King County Assessor i i Exhibit E Notice of Petition to Annex to the King County Boundary Review Board NOTICE OF INTENTION KING COUITY BOUNDARY REVIEW BOARD -.:,:,,-".,, BRIEF DESCRIPTION & PURPOSE A Direct Petition Method Annexation in accordance with RCW 35A.14.120 has been initiated by petitioners seeking to annex into the City of Federal Way. The proposed annexation is within the Federal Way North Potential Annexation Area. Federal Way received the initiator's 60 percent petition on December 19, 2019, and a certification of sufficiency in accordance with RCW 35A.01.040(4)was received on January 15, 2020, from the King County Department of Assessments. The City of Federal Way has approved Resolution 20- on March 17, 2020, accepting the initiators 60 percent petition for annexation of approximately 21 acres known as the "S. 320th Street Annexation." In accepting the 10 percent petition and authorizing circulation of the 60 percent petition at its November 19, 2019, regular meeting, the Federal Way City Council required that upon annexation, the proposed annexation area will assume its proportionate share of the City's indebtedness, be assigned a land use designation of Community Business (BC), and zoned Community Business (BC). The land use designation and zoning will be consistent with Chapter 8: Potential Annexation Areas (PAA) of the City's 2015-2035 Federal Way Comprehensive Plan. Exhibits to This Section of the Notice of Intention Exhibit 1 Signed and Certified copy of the action accepting the proposal as passed (Certified Minutes of the March 17, 2020, City Council public hearing) Exhibit 2 A copy of the certification as required by RCW 35A.01.040(4) (Annexation Petition Certification) Exhibit 3 The legal description of the boundaries of the area involved Exhibit 4 King County Assessor Maps Exhibit 5 Vicinity Map(s) Exhibit 6 Map of Existing Corporate Limits of Federal Way This annexation is exempt from SEPA. Notice of Intention; King County Boundary Review Board Page 1 of 11 S. 320"'Street Annexation City File 19-104643-AX/Doc ID A. OVERVIEW 1. Population ofProposal: what percentage is that to the existing entity? There are three single-family homes and a duplex locate on the seven parcels. Based on the April 1, 2019, Office of Financial Management(OFM) estimates, single-family homes have an occupancy rate of three people per unit, and duplexes have an occupancy rate of 2.4 people per unit. It is therefore estimated,that approximately 11 people reside on the proposed annexation area. Based on the U.S. Census July 1, 2019,population estimates,King County has a population of 2,233,163; therefore, approximately 0.00049 percent of the King County population live in the proposed annexation area. 2. Number of Acres: 21.44 acres 3. Population Density: Approximately 0.46 people per acre. 4. Assessed Valuation: The 2019 evaluation totaled$5,181,300 for the seven parcels. B. LAND USE 1. Existing Land Use Designation (County)/Existing Land Use: Community Business Center(CB), Commercial Outside of Centers (CO), and Urban Residential Medium(UM). Existing land uses are single-family, duplex, and vacant. 2. Proposed Land Use Designation (City)/Proposed Land Use: Community Business (BC). Once annexed to the City,the proposed use will be a facility to sell and service Kenworth trucks by the Pape Group. C. STATE GROWTH MANAGEMENT ACT 1. Is the proposed action in conformance with the Growth Management Act(GMA)? What specific policies apply to this proposal? This annexation proposal is consistent with the Growth Management Act(GMA), including: ✓ RCW 36.70A.020: (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist, or can be provided in an efficient manner. This proposal encourages development(economic development) in urban areas where adequate public facilities and services exist, and/or can be provided in an efficient manner. Further, it ensures that this development will take place within a city, which is the preferred provider of urban levels of service per RCW 36 70A.110(7). , (2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development. Notice of Intention; King County Boundary Review Board Page 2 of 11 S.320th Street Annexation City File 19-104643-AX/Doc ID This proposal will facilitate the development of land within a designated urban growth area (UGA), which relieves pressures for the conversion of undeveloped lands outside urban growth boundaries—an action which produces sprawling, low density development. (3) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans,promote economic opportunity for all citizens of this state (especially for unemployed and for disadvantaged persons),promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources,public services, and public facilities. This proposal will support economic development within an UGA at a location that is central to a major transportation corridor(Interstate S), as well as central to major population centers in King County. (4) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. The annexation process by design encourages citizen participation as citizens (more specifically landowners)are most often responsible for the initiation of annexations. This annexation was initiated by the owners of not less than 10 percent of the value of the land to be annexed area, and the 60 percent petition has been filed by the entity now owning 100 percent of the proposed annexation area. Further, the annexation process requires a public hearing by the City Council, which requires a public notice in the Federal Way Mirror, the local newspaper,public notice boards to be installed on the site, and public notice sent to all property owners within 300 feet of the site. ✓ RCW 36.70.110–Comprehensive Plans-Urban Growth Areas,which states: (1) In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas, except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment, and when such services are financially supportable at rural densities and do not permit urban development. The proposed annexation would ensure that urban levels of development would be located within the City of Federal Way, which consistent with the GMA is the most appropriate governmental subdivision to review and permit urban levels of development, as well as provide the on-going urban levels of service. (2) An urban growth area designated in accordance with this section may include within its boundaries urban service areas or potential annexation areas designated for specific cities or towns within the county. Notice of Intention; King County Boundary Review Board Page 3 of 11 S. 320th Street Annexation City File 19-104643-AX/Doc ID The proposed annexation area is within King County's "Federal Way North"Potential Annexation Area, which has been designated as the "Camelot(North East)"sub-area within Chapter 8, "Potential Annexation Areas"of the Federal Way Comprehensive Plan. 2. King County Comprehensive Plan/Ordinances a. How does County planning under the Growth Management Act(GMA) relate to this proposal? The GMA envisions cities as the most capable of providing urban services to support urban development in urban growth areas. King County has a long-standing policy of advocating for annexations of unincorporated urban areas. This proposal is consistent with Action 17 from the current King County Comprehensive Plan, which supports planning and other measures to "move remaining unincorporated urban potential annexation areas toward annexation." b. What King County Comprehensive Plann policies specifically support this proposal? RP-203: King County shall continue to support the reduction of sprawl by focusing growth and future development in the Urban Growth Area, consistent with adopted growth targets. U-106: Most population and employment growth should locate in the contiguous Urban Growth Area in western King County, especially in cities and their Potential Annexation Areas. Cities in the Rural Area should accommodate growth in accordance with adopted growth targets. U-201: In order to meet the Growth Management Act and the regionally adopted Countywide Planning Policies goal of becoming a regional service provider for all county residents and a local service provider in the Rural Area and Natural Resource Lands, King County shall encourage annexation of the remaining urban unincorporated area. The county may also act as a contract service provider where mutually beneficial. U-202: To help create an environment that is supportive of annexations,King County shall work with cities and with neighborhood groups, local business organizations,public service providers and other stakeholders on annexation-related activities to move the remaining urban islands towards annexation by the city most appropriate to serve it. King County will also seek changes at the state level that would facilitate annexation of urban unincorporated areas. U-204: King County shall support annexation proposals that are consistent with the Countywide Planning Policies and the Washington State Growth Management Act, when the area proposed for annexation is wholly within the annexing city's officially adopted PAA, and when the area is not part of a contested area. c. What King County/Countywide Planning Policies specifically support this proposal? DP-4: Concentrate housing and employment growth within the designated Urban Growth Area. Focus housing growth within countywide designated Urban Centers and locally designated local centers. Focus employment growth within countywide designated Urban and Manufacturing/Industrial Centers and within locally designated local centers. Notice of Intention; King County Boundary Review Board Page 4 of 11 S. 320t'Street Annexation City File 19-104643-AX/Doc ID DP-13: All jurisdictions shall plan to accommodate housing and employment targets. This includes: • Adopting comprehensive plans and zoning regulations that provide capacity for residential, commercial, and industrial uses that is sufficient to meet 20-year growth needs and is consistent with the desired growth pattern described in VISION 2040; • Coordinating water, sewer,transportation and other infrastructure plans and investments among agencies, including special purpose districts; and • Transferring and accommodating unincorporated area housing and employment targets as annexations occur. DP-23: Facilitate the annexation of unincorporated areas within the Urban Growth Area that are already urbanized and are within a city's Potential Annexation Area in order to provide urban services to those areas. Annexation is preferred over incorporation. DP-24: Allow cities to annex territory only within their designated Potential Annexation Area as shown in the Potential Annexation Areas Map in Appendix 2. Phase annexations to coincide with the ability of cities to coordinate the provision of a full range of urban services to areas to be annexed. DP-27: Evaluate proposals to annex or incorporate unincorporated land based on the following criteria: a) Conformance with Countywide Planning Policies, including the Urban Growth Area boundary; b) The ability of the annexing or incorporating jurisdiction to provide urban services at standards equal to or better than the current service providers; and c) Annexation or incorporation in a manner that will avoid creating unincorporated islands of development. DP-28: Resolve the issue of unincorporated road islands within or between cities.Roadways and shared streets within or between cities,but still under King County jurisdiction, should be annexed by adjacent cities. d. What is the adopted plan classification/zoning? The proposed annexation area currently has the following comprehensive plan classifications: Community Business Center(CB); Commercial Outside Centers(CO); and Urban Residential Medium, 4-12 dwelling units per acre (du/ac [UM]). The proposed annexation area currently has the following zoning: Community Business(CB); Community Business-Parcel Specific (CB-P); Office-Parcel Specific(O-P); and Residential, four du/ac (R-4). e. Will city regulations supplant King County regulations for the protection of sensitive areas, preservation of agricultural or other resource lands,preservation of landmarks of landmark Notice of Intention; King County Boundary Review Board Page 5 of 11 S. 320M Street Annexation City File 19-104643-AX/Doc ID districts, or surface water control? Ifso, describe the city regulations and how they compare to the County regulations. Upon annexation,the City's regulations will replace the County's regulations for the protection of sensitive areas, preservation of landmarks, and surface water control. The City does not have any regulations for the preservation of agriculture and other resource lands, which would not be applicable as this area is not (nor adjacent to)agricultural or resource designated land. Critical Areas Federal Way has adopted regulations for environmentally critical areas in Chapter 19.145 of the FWRC, and complies with the requirement to adopt critical areas(environmentally sensitive areas)regulations(RCW 36.70A.060). The City's regulations address critical areas, including wetlands, aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. Surface Water In accordance with FWRC 16.20.010,the City of Federal Way has adopted the 2016 King County Surface Water Design Manual(KCSWDM),the King County Stormwater Pollution Prevention Manual, and the latest edition of the LID Technical Guidance Manual for Puget Sound. Landmarks Although there are no landmarks within the area proposed for annexation that would require protection or preservation,FWRC 19.285.020 adopts by reference the standards in KCC Chapter 20.62 for the protection and preservation of landmarks. D. JURISDICTIONAL COMPREHENSIVE PLAN/FRANCHISE 1. How does the jurisdiction's planning under the GMA relate to this proposal? The GMA envisions cities as the most capable providers of urban levels of service for urban areas. Consistent with the GMA,the King County/Countywide Planning Policies,the King County Comprehensive Plan, and the City of Federal Way Comprehensive Plan,the City has planned appropriately for the future annexation of its Potential Annexation Areas (PAAs). This annexation proposal is located within the Camelot Sub-area and has already been given a pre- annexation comprehensive plan and zoning designation of Community Business(BC), which will be retained upon annexation. 2. Has the jurisdiction adopted a Potential Annexation Area (PAA) under the Growth Management Act?Have you negotiated PAA Agreements with neighboring cities? Yes,the City of Federal Way has adopted a Potential Annexation Area as shown in Chapter 8 "Potential Annexation Areas," of its comprehensive plan. The City has not negotiated PAA Agreements with neighboring cities. 3. When was your Comprehensive Plan approved?Does this plan meet requirements set by the State of Washington?Does this plan meet requirements set by King County? The Federal Way Comprehensive Plan (FWCP)was adopted on November 21, 1995, and subsequently amended on December 23, 1998, September 14, 2000,November 1, 2001,March Notice of Intention; King County Boundary Review Board Page 6 of 11 S. 320th Street Annexation City File 19-104643-AX/Doc ID 27, 2003,July 20, 2004, June 16, 2005, July 16, 2007,June 11,2009, October 28,2010, January 27, 2011,January 23, 2013,August 14, 2013,July 29, 2015, and January 26,2018. The FWCP meets the requirements set by the State of Washington,the requirements set by King County and the Countywide Planning Policies, and the Puget Sound Regional Council (PSRC). Based on state law,the major updates to the comprehensive plan must be done every eight years and must be certified by the Department of Commerce. The last major update completed in July 2015 was certified by the state on November 19, 2015. In addition,the PSRC certified the updated plan on September 24,2015. The yearly updates are sent to the Department of Commerce for a 60-day comment period before approval of the updates by the City Council, and the final plan is sent to Commerce within 10 days of Council approval. 4. Is this proposal consistent with and specifically permitted in the jurisdiction's adopted Comprehensive Plan, or will a plan amendment be required?If so, when will that amendment be completed? The proposed annexation is consistent with the FWCP, including the land use designation of Community Business (BC) and zoning of Community Business (BC). No amendments to the City's comprehensive plan are required to complete this annexation. 5. Is a franchise required to provide service to this area?If so, is the area included within your current franchise? The proposed annexation area is located within the Lakehaven Water& Sewer Service Area, within the South King Fire&Rescue Service area, and within the boundaries of the Federal Way School District. Therefore,no franchises are required to provide service to the area, once annexed. 6. Has this area been the subject of an Interlocal Agreement?If so,please enclose a signed copy of the agreement. No,this area has not been the subject of a pre-Annexation Zoning Agreement. 7. What is the proposed land use designation in your adopted Comprehensive Plan? When were your proposed zoning regulations adopted? The proposed land use designation and zoning in the City's comprehensive plan and on the Zoning Map is Community Business(BC). These designations were adopted by Ordinance 04- 460 on July 29, 2004. E. REVENUES/EXPENDITURES PLANNING DATA 1. Estimate City expenditures 2. Estimate City revenues to be gained 3. Estimate County revenues lost 4. Estimate County expenditure reduction There will be no City expenditures associated with the annexation. The City can provide police services without additional cost.The County will lose$9,724 in property taxes and the City will gain$5,044. Notice of Intention; King County Boundary Review Board Page 7 of 11 S. 320th Street Annexation City File 19-104643-AX/Doc ID 5. Estimate fire district revenue lost None anticipated as area is already within the service area for South King Fire&Rescue. 6. Estimate fire district expenditure reduction None anticipated as the area is already within the service area for South King Fire&Rescue. F. SERVICES 1. Water—Lakehaven Water&Sewer District, no change 2. Sewer—Lakehaven Water& Sewer District, no change 3. Fire Service—South King Fire &Rescue, no change G. GENERAL 1. In the case of extensions of services, has an annexation agreement been required?If so,please attach a copy of the recorded copy of this agreement. Correspondence from the Lakehaven Water& Sewer District states that future site development will require extension of water and sewer system facilities (including extend-to-far edge for sewer),under Lakehaven's Developer Extension Agreement process (Exhibit G). 2. Describe the topography and natural boundaries.of the proposal. The site's existing topography is highest in the southeastern portion of the annexation area,with approximate elevations of 480 feet sloping to 420 feet in the northwestern portion of the annexation area. The elevation change at the northern edge of the proposed boundary partially serves as a natural delineation between parcels. The property proposed for annexation is located north and adjacent to 320th Street,west and adjacent to 32'Avenue South, east of I-5, and south of 316th Street (Exhibits B and Q. 3. How much growth has been projected for this area during the next ten-year period? What source is the basis for this projection? Federal Way's five potential annexation areas (PAAs)total approximately 3,650 acres, and the growth targets adopted in Technical Appendix D to the 2016 King County Comprehensive Plan established growth targets for Federal Way's PAAs consisting of 2,390 net new housing units and 290 net new jobs. This proposed annexation area accounts for 0.58 percent of the total PAA area for Federal Way. The area is almost entirely zoned by King County as Community Business Center(CB) and Commercial Outside of Centers (CO), which would both be expected to accommodate Notice of Intention; King County Boundary Review Board Page 8 of 11 S. 3201h Street Annexation City File 19-104643-AX/Doc ID employment. Comparably,the City's proposed comprehensive plan designation and zoning of Community Business (BC)would also be expected to accommodate employment. Looking at King County's 2014 Buildable Lands Report, employment densities in commercially designated areas for Federal Way are analyzed based on 250 square feet per employee,while in unincorporated King County the same are analyzed based on 350 square feet per employee. Annexation into the City of Federal Way should have no impact on the area's likelihood of achieving its employment growth target. 4. Describe any other municipal or community services relevant to this proposal. There are no others applicable services. 5. Describe briefly any delay in implementing service delivery to the area. The area surrounding the proposed annexation area is already developed with all services available; therefore, no delay in service delivery is expected. 6. Briefly state your evaluation of the present adequacy, cost, or rates of service to the area and how you see future needs and costs increasing. Is there any other alternative source available for such service(s)? The only change in service expected is the shift in service from the King County Sheriff to the Federal Way Police Department. The City's Finance Department has stated that there will be no additional cost for police services (Exhibit F). REVIEW OF OBJECTIVES (RCW 36.93.180) 1. Preservation of natural neighborhoods and communities. • The proposed annexation area does not include any existing, established neighborhoods as this area is predominantly developed with large lot single-family-homes. 2. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours. • The proposed annexation has physical boundaries as follows: ■ The western boundary follows I-5 and the existing City limits. ■ The northern boundary was drawn between existing parcels in recognition of the change in elevation between the parcels, as well as a desire to"square"off the boundary at the intersection of 32nd Avenue South and South 316"' Street. ■ The eastern boundary follows the eastern boundary of the right-of-way for 32'Avenue South until it intersects with the existing City limits. ■ The southern boundary abuts existing City limits along South 320'Street. Notice of Intention; King County Boundary Review Board Page 9 of 11 S. 320th Street Annexation City File 19-104643-AX/Doc ID 3. Creation and preservation of logical service areas. • The proposed annexation does not impact the service territories of any districts/special districts (e.g. fire district, school district, sewer district, water service, etc.) in the area. • The future extension of 32"d Avenue South within the annexation area would be fully within the City limits. 4. Prevention of abnormally irregular boundaries. • The proposed annexation area does not create any abnormally irregular boundaries. It is consistent with other boundaries in the area and does not impact present service boundaries. The parcels proposed for annexation are currently served by way of 32"d Avenue South, which dead ends at South 316" Street.An extension of 32,d Avenue South would be anticipated in the future. 5. Discouragement of multiple incorporations of small cities and encouragement of incorporation of cities in excess often thousand population in heavily populated urban areas. • Not applicable. 6. Dissolution of inactive special purpose districts. • Not applicable. 7. Adjustment of impractical boundaries. • Not applicable. 8. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character. • The proposed annexation area is designated and zoned for urban levels of development in accordance with King County's comprehensive plan and zoning. The proposed annexation area is also designated for urban levels of development in accordance with the City's Potential Annexations Areas Chapter, as well as the land use designation and zoning to be concurrently applied with the adoption of this annexation. Regardless of jurisdiction(County or City),this area is anticipated to develop at urban levels, especially given its proximity to Interstate 5. 9. Protection of agricultural and rural lands which are designated,for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. • Not applicable. REVIEW OF FACTORS (RCW 36.93.170) 1. Population and territory;population density; land area and land uses; comprehensive plans and zoning, as adopted under chapter 35.63, 35A.63, or 36.70 RCW,- comprehensive plans and development regulations adopted under chapter 36.70A RCW,- applicable service agreements entered into under chapter 36.115 or 39.34 RCW,- applicable interlocal annexation agreements between a Notice of Intention; King County Boundary Review Board Page 10 of 11 S. 320"'Street Annexation City File 19-104643-AX/Doc ID county and its cities;per capita assessed valuation; topography, natural boundaries and drainage basins,proximity to other populated areas; the existence and preservation of prime agricultural soils and productive agricultural uses; the likelihood of signi ficant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years; location and most desirable future location of community facilities. The area proposed for annexation: • Is consistent with the City of Federal Way's Comprehensive Plan and Potential Annexation Area land use designation and zoning. • Is consistent with King County's Potential Annexation Area policies desiring city annexations of these areas. • Would simultaneously annex the entire road segment(and future road segment) for 32nd Avenue South between South 316`'Street and South 320"' Street. • Has boundaries that are logically formed based on adjacent road segments and topography. • Has relatively little existing population. • Is designated by both the City and County for future commercial/business development. • Would have no impact on agricultural soils or uses. 2. Municipal services; need for municipal services; effect of ordinances, governmental codes, regulations and resolutions on existing uses;present cost and adequacy of governmental services and controls in area;prospects of governmental services from other sources;probable_future needs for such services and controls;probable effect ofproposal or alternative on cost and adequacy of services and controls in area and adjacent area; the effect on the finances, debt structure, and contractual obligations and rights of all affected governmental units; and The proposed annexation does not significantly impact any service boundaries for utility providers and development of the site(whether annexed or not)would be commercial development with similar uses and service delivery needs. The only switch in service delivery would be from the King County Sheriff Department to the City of Federal Way Police Department. As noted above, the City's Finance Department has stated that there will be no additional cost for police services (Exhibit F). 3. The effect of the proposal or alternative on adjacent areas, on mutual economic and social interests, and on the local governmental structure of the county. The proposed annexation would have minimal impacts on the County. The area is within Federal Way's Potential Annexation Area(PAA), an uncontested PAA. Notice of Intention; King County Boundary Review Board Page 11 of 11 S. 320th Street Annexation City File 19-104643-AX/Doc ID COUNCIL MEETING DATE: March 17,2020 ITEM#: 7a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:NORTH LAKE MANAGEMENT DISTRICT ADVISORY COMMITTEE No.2 APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the North Lake Management District Advisory Committee Number 2? COMMITTEE:N/A MEETING DATE: N/A CATEGORY: ❑ Consent El Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The North Lake Management District Advisory Committee (NLMDAC) Number 2 was established by Resolution#20-778 and is comprised of seven(7)members: five(5)residential property owners, a representative from the Washington Department of Fish and Wildlife, and a representative from the Industrial Realty Group,LLC. There are currently five(5)vacant residential positions as this is a newly formed commission. Applications have been received from five (5) applicants seeking appointment. All applicants were interviewed at the Special City Council Meeting held on March 17, 2020 (Laurence Zimnisky, Larry Flesher,Mary McClellan Aronen, Terrance Thomas fI, and Darron Nash). Options Considered: 1. Appoint the following candidates to the NLMDAC with terms expiring as follows: 1 Voting Member Expires 03/31/2023 2 Voting Member Expires 03/31/2023 3 Voting Member Expires 03/31/2022 4 Voting Member Expires 03/31/2022 5 Voting Member Expires 03/31/2022 2. Direct the City Clerk to advertise for additional applicants for the North Lake Management District Advisory Committee. —41 MAYOR APPROVAL: N/A J J CITY CLERK APPROVAL: 1 Committee Caai. ii SnitiallDa4e Initial/Date Initial/Date PROPOSED COUNCIL MOTION: "I move the following appointments to the North Lake Management District Advisory Commission Number 2... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2016 RESOLUTION# COUNCIL MEETING DATE: March 17,2020 ITEM#: 7b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:YOUTH COMMISSION APPOINTMENT POLICY QUESTION: Should the City Council appoint a member to the Youth Commission? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Youth Commission is comprised of twelve voting and three (3) alternate members who are appointed by the City Council to serve two-year terms (per FWRC 2.60.040). There are currently one (1) vacant voting and three (3)vacant alternate positions due to term expirations. One application was received in response to the City Clerk's recruitment process. This applicant, Ankit Gowda, was interviewed at the Special City Council Meeting held on March 17,2020. Options Considered: 1. Appoint Ankit Gowda as a voting member to Youth Commission with a term to expire August 31,2022. 2. Direct the City Clerk to advertise for additional applicants. MAYOR'S RECOMMENDATION:N/A ,r� MAYOR APPROVAL: N/A /t „ CITY CLERK APPROVAL: J 10 Committee Y Cm Cd i nt[iall!]atc Initial/Date Initiat/Date PROPOSED COUNCIL MOTION: "I move the appointment of Ankit Gowda as a voting member to the Youth Commission with a term to expire August 31, 2022." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2016 RESOLUTION# COUNCIL MEETING DATE: March 17,2020 ITEM#: 7C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RATIFICATION OF PARKS,RECREATION,HUMAN SERVICES,PUBLIC SAFETY COUNCIL COMMITTEE MEMBER POLICY QUESTION: Should the Council ratify the Council Committee Appointment for the Parks, Recreation, Human Services,Public Safety Council Committee thru 2021? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: Per Section 20.6 of the Council Rules of Procedure, Council Committee appointment(chairs and members) shall be made by the Council President in January. Membership to the Land Use/Transportation Committee (LUTC); Finance, Economic Development and Regional Affairs Committee (FEDRAC); and the Parks, Recreation and Human Services Committee (PRHSPSC) will consist of three Councilmembers each with appointments of two years. This appointment is to fill an unexpired PRHSPSC term through December 2021. Options Considered: 1. Ratify the Council President's Council Committee Appointment of Councilmember Greg Baruso as a Member of the PRHSPS Committee through the end of 2021. 2. Amend the Council President's Council Committee Appointment. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A �ijpC CITY CLERK APPROVAL: Committee Council India COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option 1." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# COUNCIL MEETING DATE: March 17,2020 ITEM#: 8a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:NEW CINGULAR WIRELESS PCS,LLC FRANCHISE ORDINANCE POLICY QUESTION: Should the City grant New Cingular Wireless PCS, LLC a Franchise to install, operate, maintain and repair a telecommunications network consisting of small wireless facilities in,across, over, along, under,through and below the City of Federal Way and for the continued operation of certain macro wireless facilities within the rights-of-way? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 2,2020 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Busines ❑ Resolution ❑ Other STAFF REPORT BN': esire6 Winkler,P.E.,Deputy Director DEPT: Public Works Attachments: 1. Staff Report 2.Ordinance Options Considered: 1.Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMEN TITIN: Option 1. i MAYOR APPROVAL: r a' -DIRECTOR APPROVAL: 2(tyl� Cn minV COW341 Initial/Date Initial Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on March 17, 2020. Mark KoppiWCommittee C Hoang Tran,Committee Member Martin Moore,Corhmittee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (MARCH 17,2020): "I move to forward the proposed ordinance to the April 7, 2020 Council Meeting for second reading and enactment." SECOND READING OF ORDINANCE(APRIL 7,2020): "1 move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ^ ❑ APPROVED COUNCIL BILL# ' I ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—11/2019 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: March 2,2020 TO: City Council VIA: Jim Ferrell,Mayor EJ Walsh, P.E., Public Warks Director FROM: `.Dcsires W inkier?P.E.Deputy Public Works Director SUBJECT: New Cingular Wireless PCS, LLC—Franchise Ordinance FINANCIAL IMPACTS: New Cingular Wireless PCS, LLC, (New Cingular Wireless)paid a fee of Five Thousand Dollars ($5,000.00) to recover the administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. New Cingular Wireless will be required to pay additional permitting fees for installation, operation and maintenance of their facilities, including, but not limited to right-of-way use permits, master license, and small wireless permits. Annual rental-fees for attachment to city infrastructure are limited by Federal Communications Commission(FCC)ruling to $270 per site. There are currently no applications for installations, nor detailed deployment plans to estimate potential revenue. BACKGROUND INFORMATION: New Cingular Wireless requested a franchise from the City of Federal Way in order to install, operate, maintain and repair a telecommunications network consisting of small wireless facilities in, across, over, along,under, through and below the City of Federal Way and for the continued operation of certain macro wireless facilities within the rights-of-way. The term of this Franchise is for a period of ten (10) years commencing on the effective date of this Franchise consistent with franchises the City has granted to other utility providers. Franchisee shall provide City with a bond in the amount of Fifty Thousand Dollars ($50,000.00) ("Franchise Bond")running or renewable for the term of this Franchise. In addition, New Cingular Wireless shall guarantee work they complete in the right-of-way during project construction to final acceptance through a Performance Bond in an amount of 120 percent (120%) of the value of work performed followed by a two-year Maintenance Bond valued at 10%of the value of impacted city infrastructure. New Cingular Wireless will maintain insurance of$5 Million for commercial general liability, $5 Million for automobile, and carry an excess umbrella liability policy with limits of $10,000,000 per occurrence and in the aggregate. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, granting New Cingular Wireless PCS,LLC,its affiliates,successors and assigns a nonexclusive franchise to occupy the rights-of-way of the City of Federal Way,Washington,within the specified franchise area for the purposes of constructing, maintaining, operating, replacing, and repairing a telecommunications network consisting of small wireless facilities in, across, over, along, under,through and below the City of Federal Way. WHEREAS,New Cingular Wireless PCS, LLC has requested a franchise from the City of Federal Way,in order to locate a telecommunications network consisting of small wireless facilities within the rights-of-way; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise,which will specify the rights and duties of New Cingular Wireless PCS,LLC; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, conduits,wires, and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law and specifically reserves its right to adopt further regulations under its police powers; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. Where used in this Franchise the following terms shall be defined as follows: 1.1 "City"means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. Ordinance No. 20- Page 1 of 49 1.2 "Council"means the City of Federal Way Council acting in its official capacity. 1.3 "Director"means the Public Works Director, or designee, of the City of Federal Way Public Works Department. 1.4 "Force Majeure Event": Circumstances beyond the control of a party including strikes, lockouts, sit-down strike, unusual transportation delays, riots, floods, washouts, explosions, earthquakes,fire,storms,weather(including inclement weather which prevents construction),acts of the public enemy, wars, terrorism, insurrections, and any other similar act of God event. 1.5 "Facilities"or"Facility"means"Small Wireless Facilities"as defined in FWRC 19.256.020. Facilities shall also include all necessary cables, transmitters, receivers, equipment boxes, backup power supplies, power transfer switches, electric meters, coaxial cables, wires, conduits, ducts, pedestals, antennas, electronics, and other necessary or convenient appurtenances used for the specific small wireless facility and only as allowed pursuant to FWRC Chapter 19.256. Equipment enclosures with equipment generating noise that exceeds the noise limits allowed in the Codes or associated permit are excluded from "Facilities." 1.6 "Franchise Area" is the entire City. 1.7 "Franchisee"means New Cingular Wireless PCS,LLC,a Delaware limited liability company, and its respective successors and assigns if consented to by the City of Federal Way as provided in Section 0 herein. 1.8 "FWRC"means the Federal Way Revised Code. 1.9 "Rights-of-Way"means land acquired or dedicated for public roads and streets,but does not include: (a) State highways; (b) land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public; (c)Federally granted trust lands or forest board trust lands; (d) lands owned or managed by the state parks and recreation commission; (e) federally Ordinance No. 20- Page 2 of 49 granted railroad rights-of-way acquired under 43 U.S.C. § 912 and related provisions of federal law that are not open for vehicular use; or(f) leasehold or City owned property to which the City holds fee title or other title and which is utilized for park,utility, or a governmental or proprietary use and not primarily for road, street,or highway use. Franchisee is still required to obtain a lease or similar agreement for the usage of any City, or third party owned poles, conduit, fixtures, or structures. 1.10 "Services"means a small wireless facility network designed to deliver all services authorized by federal or state law, including personal wireless services, telecommunications services, and commercial mobile data services,as those terms are defined by federal law. Services do not include those personal wireless services and associated facilities that fall outside of the definition of Small Wireless Facilities (e.g., macro wireless facilities). 1.11 "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. Section 2. Gram/Acceptance. 2.1 Grant of Franchise.The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing, operating, excavating, installing, maintaining, restoring,replacing and repairing Small Wireless Facilities throughout the City. This Franchise is specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee. Nothing contained within this Franchise shall be construed to grant or convey any right, title, or interest in the Rights-of-Way to Franchisee other than for the purpose of providing the Services, nor to subordinate the primary use of the Right-of-Way as a public thoroughfare. If Franchisee desires to expand the Services provided within the City, it shall request a written amendment to this Franchise;provided,however,that Franchisee may not operate a Cable Service or Ordinance No. 20- Page 3 of 49 Cable System as defined in 47 U.S.C. § 522 under this Franchise. This Franchise does not grant Franchisee the right to install and operate wires and facilities to provide wireline transmission services, whether provided by a third-party, Franchisee, or a corporate affiliate of Franchisee.Any entity that provides such wireline transmission services shall have an independent franchise to use the Rights-of-Way separate from this Franchise. 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall,within thirty(30) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. In addition, Franchisee shall submit proof of insurance obtained and additional insured endorsement pursuant to 0,and shall provide the City with the name and contact information for the Franchise manager pursuant to Section 0. The administrative fee pursuant to 0 is due within thirty(30)days of receipt of the invoice from the City. Section 3. City Property/Non-Exclusive Franchise. 3.1 City Property_.This Franchise does not and shall not convey any right to Franchisee to install its Facilities on,under,over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City- owned or leased property within the Franchise Area other than the Rights-of-Way. Further,no right to install any facility, infrastructure, wires, lines, cables, or other equipment,upon private property without the owner's consent is granted herein. If Franchisee desires to use City-owned structures, physical facilities,parks,poles(including,but not limited to,utility poles and light poles),conduits, fixtures, or real property located within the Rights-of-Way, it shall enter into a separate lease or license agreement with the City. Ordinance No. 20- Page 4 of 49 3.2 Non-Exclusive Franchise. This Franchise is not an exclusive Franchise and shall not be construed to in any manner prohibit the City from granting other and further Franchises in, under, over, upon, and along the Franchise Area, nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and general law,including the City's right to adopt future regulations under its police powers. Such Franchise shall in no way prevent or prohibit the City from using any of said roads, streets, or other public properties or affect its jurisdiction over them or any part of them, and the City shall retain power to make all necessary changes, relocations,repairs,maintenance, establishment, improvement, dedication of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new Rights-of-Way, thoroughfares and other public properties of every type and description. Section 4. Term. Subject to Franchisee filing its acceptance pursuant to Section 0,the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. Section 5. Location of Facilities. 5.1 Location. The Facilities permitted by this Franchise shall be installed consistent with the FWRC and the City's standards,including but not limited to,Chapter 19.256 FWRC and the City of Federal Way Development Guidelines. The location of the Facilities, their depths below surface of ground, their height above the surface of the ground, or grade of a Right-of-Way, and any related existing equipment to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty (30) days after the installation of the Facilities. Upon written request of the City,Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map(or update thereof)so submitted shall be for informational purposes only and shall not Ordinance No. 20- Page 5 of 49 obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 5.2 WSDOT.To the extent that any Rights-of-Way within the Franchise Area are part of the state highway system("State Highways")are considered managed access by the City and are governed by the provisions of Chapter 47.24 RCW and applicable Washington State Department of Transportation ("WSDOT")regulations, Franchisee shall comply fully with said requirements in addition to local ordinances and other applicable regulations. Without limitation of the foregoing, Franchisee specifically agrees that: a. Any pavement trenching and restoration performed by Franchisee within State Highways shall meet or exceed applicable WSDOT and City requirements; b. Any portion of a State Highway damaged or injured by Franchisee shall be restored, repaired,and/or replaced by Franchisee to a condition that meets or exceeds applicable WSDOT and City requirements; and C. Without prejudice to any right or privilege of the City, WSDOT is authorized to enforce in an action brought in the name of the State of Washington any condition of this Franchise with respect to any portion of a State Highway. 5.3 GIS Data.At such time as Franchisee develops or employs Geographic Information System ("GIS")technology, Franchisee shall submit the information required in Section 0 above in digital GIS format, showing the location of its Facilities within the Franchise Area. 5.4 Desi n Markin s.In the event the City desires to design new streets or intersections,renovate existing streets, or make any other public improvements, Franchisee shall at the City's request, provide the location of Franchisee's Facilities within the Franchise Area by either field markings or Ordinance No. 20- Page 6 of 49 by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance to the City. 5.5 One Call Locator Service.Prior to doing any work in the Franchise Area,the Franchisee shall follow established procedures, including contacting the Utility Notification Center in Washington and comply with all applicable State statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW.Further,upon request from a third party or the City,Franchisee shall locate its Facilities consistent with the requirements of Chapter 19.122 RCW. The City shall not be liable for any damages to Franchisee's Facilities or for interruptions in service to Franchisee's customers that are a direct result of Franchisee's failure to locate its Facilities within the prescribed time limits and guidelines established by the One Call Locator Service regardless of whether the City issued a permit. Section 6.Noninterference of Facilities. 6.1 Mainlenanc-t ut4 t"ictlitic�.Franchisee agrees to maintain its Facilities and perform any and all activities authorized by this Franchise: (1)so as not to unreasonably interfere with the free passage of traffic; (2) in accordance with the laws of the State of Washington and FWRC requirements, Franchise provisions,regulations,resolutions and rules,as now existing or as hereafter amended;and (3) as required by the Director. This requirement applies whether the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. 6.2 Interference with Use of the Streets. When installing, locating, laying, or maintaining Facilities,apparatus,or improvement,Franchisee shall not interfere with the use of any street to any greater extent than is necessary,and shall leave the surface of any such street in as good condition as it was prior to performance by Franchisee of such work.Any Facility, apparatus, or improvement shall be laid,installed, located, or maintained in conformance with instructions given by,and to the Ordinance No. 20- Page 7 of 49 satisfaction of the City. In any event,Franchisee shall, at its own expense, and to the satisfaction of the City in accordance with the terms of the right-of-way permit, restore to City standards and specifications any damage or disturbance caused to the Rights-of-Way or any City property as a result of Franchisee's construction or operations. Section 7. Requirement to Obtain Permits & Work in the Right of Way. 7.1 Permits and Permit Applications. Franchisee shall, at its expense, obtain all permits, including but not limited to rights-of-way permits and small wireless facility permits, and pay all permit fees required by applicable City ordinances, regulations, resolutions, and rules prior to commencing any work within the Franchise Area. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to,traffic turnouts and road obstructions shall meet the standards of the FWRC and be satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices ("MUTCD"). 7.2 Emergency Exception to Permit Requirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property,life,health, or safety of any individual,Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (1) Franchisee informs the City of the nature and extent of the emergency, and the work to be performed,prior to commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. 7.3 Design Standards for Wireless Services and Undergrounding Facilities. Franchisee shall adhere to the City's Design and Construction Standards for the deployment of personal wireless services facilities, and shall underground its Facilities and/or place its Facilities within the pole as Ordinance No. 20- Page 8 of 49 may be required by such design standards and this Franchise. Franchisee shall not be permitted to erect new poles, except as permitted pursuant to Chapter 19.256 FWRC. a. Franchisee acknowledges and agrees that if the City allows the placement of Facilities above ground the City may, at any time in the future, require the conversion of Franchisee's aerial facilities to an underground installation or to be relocated at Franchisee's expense if the existing poles on which Franchisee's Facilities are located are designated for removal due to a City projects as described in 0. This Franchise does not place an affirmative obligation on the City to allow the relocation of such Facilities on public property or in the Right-of-Ways nor does it relieve Franchisee from any FWRC provision(s) related to the siting of wireless facilities. b. Franchisee shall not be required to underground any portion of the Facility that must technically remain above-ground to operate.If the City requires undergrounding of wirelines(either telecommunications or electrical) and allows Franchisee's Facilities to remain above ground,then Franchisee shall fully cooperate with the City and modify the affected Facilities to incorporate the placement of wireline services underground and internal to the pole if the replacement pole is hollow (for example, electrical and fiber) or otherwise consistent with a design plan agreed to between the City and Franchisee, at no cost to the City. 7.4 Work in the Rights-of-Way.During any period of relocation,construction or maintenance,all work performed by Franchisee or its contractors and subcontractors shall be accomplished in a safe and workmanlike manner,so to minimize interference with the free passage of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all times post and maintain proper barricades, flags, flaggers, lights, flares and other measures as required for the safety of all members of the general public and comply with all applicable safety regulations during such period Ordinance No. 20- Page 9 of 49 of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39.04.180 for the construction of trench safety systems. 7.5 Coordination of Activities. Franchisee shall meet with the City and other franchise holders and users of the Rights-of-Way upon written notice as determined by the City, to schedule and coordinate construction in the Rights-of-Way.All construction locations, activities, and schedules shall be coordinated, as ordered by the City to minimize public inconvenience, disruption or damages. Section 8. Standard of Performance. 8.1 Rackf illML, Requirements.The Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and City standards. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the day in which they have been opened. Trench areas within the Right-of-Way,but not within a driving lane,must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. 8.2 Asphalt Qverlay.Any asphalt overlay completed within the Franchise Area during the five(5) year-period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Section 0 above. Franchisee shall install new asphalt overlay on any street that is open cut,whether in an emergency or otherwise,for a minimum of one (1)block (approximately 500 feet) in length in both directions from the open cut, unless determined otherwise by the Director. 8.3 As-Built Maps.Within fifteen(15)days of completion of any installation or modification of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans, Ordinance No. 20- Page 10 of'49 stamped by a Professional Engineer licensed by the State of Washington, showing the "as-built" location of the Facilities. These plans and maps shall be provided at no cost to the City and shall include hard copies and digital files in Autocad or other industry standard readable formats that are acceptable to the City and delivered electronically.Franchisee shall warrant the accuracy of all plans, maps, and as-builts provided to the City. 8.4 Joint Trench.If Franchisee shall at any time plan to make excavations in any area covered by this Franchise, Franchisee shall afford the City, upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: a. Such joint use shall not unreasonably delay the work of the Franchisee causing the excavation to be made; b. Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and C. Franchisee may deny such request for safety reasons. 8.5 Open Utility Trenches. Franchisee shall be entitled to reasonable access to open utility trenches when the City is constructing new utility trenches, provided that such access does not interfere with the City's placement of utilities or increase the City's costs.Franchisee shall pay to the City the actual cost to the City resulting from providing Franchisee access to an open trench, including without limitation the pro rata share of the costs of access to an open trench, additional costs, as determined by the City, attributed to Franchisee due to Franchisee's request to access the utility trenches,and any costs associated with the delay of the completion of a public works project. Further, the City may deny such requests if: a. Such joint use unreasonably delays the work of the City; b. The parties cannot agree on terms and conditions; or Ordinance No. 20- Page 11 of 49 C. Granting access to the utility trench creates a safety concern. 8.6 Additional Ducts/Conduit. Franchisee shall inform the City with at least thirty (30) days' advance written notice that it is constructing,relocating, or placing ducts or conduits in the Rights- of-Way and provide the City with an opportunity to request that Franchisee provide the City with additional duct or conduit and related structures necessary to access the conduit pursuant to RCW 35.99.070. 8.7 Tree Trimming. Franchisee may trim trees upon and overhanging on the Rights-of-Ways, streets, alleys, sidewalks, and other public places of the City so as to prevent the trees from coming in contact with Franchisee's Facilities.The right to trim trees in this Section 0 shall only apply to the extent necessary to protect Franchisee's Facilities. Franchisee shall ensure that its tree trimming activities protect the appearance, integrity, and health of the trees to the extent reasonably possible. Franchisee shall be responsible for all debris removal from such activities.All trimming, except in emergency situations, is to be done after the explicit prior written notification and approval of the City and at the expense of Franchisee.Franchisee may contract for such services,however,any firm or individual so retained must first receive City approval prior to commencing such trimming. Nothing herein grants Franchisee any authority to act on behalf of the City,to enter upon any private property, or to trim any tree or natural growth not owned by the City. Franchisee shall be solely responsible and liable for any damage to any third parties' trees or natural growth caused by Franchisee's actions.Franchisee shall indemnify,defend,and hold harmless the City from third-party claims of any nature arising out of any act or negligence of Franchisee with regard to tree and/or natural growth trimming,damage,and/or removal.Franchisee shall reasonably compensate the City or the property owner for any damage caused by trimming, damage, or removal by Franchisee. Except in an emergency situation, all tree trimming must be performed under the direction of an Ordinance No. 20- Page 12 of 49 arborist certified by the International Society of Arboriculture, unless otherwise approved by the Director. 8.8 Safety.Franchisee shall,at all times,employ professional care and shall install and maintain and use industry-standard methods for preventing failures and accidents that are likely to cause damage,injuries,or nuisances to the public.All structures and all lines,equipment,and connections in,over,under,and upon the Rights-of-Ways,wherever situated or located,shall at all times be kept and maintained in a safe condition. Franchisee shall comply with all federal, State, and City safety requirements,rules,regulations,laws,and practices,and employ all necessary devices as required by applicable law during the construction, operation, maintenance, upgrade, repair, or removal of its Facilities.By way of illustration and not limitation,Franchisee shall also comply with the applicable provisions of the National Electric Code, National Electrical Safety Code, FCC regulations, and Occupational Safety and Health Administration ("OSHA") Standards. Upon reasonable notice to Franchisee, the City reserves the general right to inspect the Facilities to evaluate if they are constructed and maintained in a safe condition. 8.9 Additional Safety Standards. a. Franchisee shall endeavor to maintain all equipment lines and facilities in an orderly manner, including, but not limited to, the removal of all bundles of unused cable on any aerial facilities. b. All installations of equipment, lines, and ancillary facilities shall be installed in accordance with industry-standard engineering practices and shall comply with all federal, State,and local regulations, ordinances, and laws. C. Any opening or obstruction in the Rights-of-Way or other public places made by Franchisee in the course of its operations shall be protected by Franchisee at all times by the Ordinance No. 20- Page 13 of 49 placement of adequate barriers,fences,or boarding,the bounds of which,during periods of dusk and darkness, shall be clearly marked and visible. 8.10 Stop Work Order. On notice from the City that any work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any applicable permit,laws,regulations,ordinances,or standards,the work may immediately be stopped by the City. The stop work order shall: 8.11 Be in writing; 8.12 Be given to the person doing the work or posted on the work site; 8.13 Be sent to Franchisee by overnight delivery; 8.14 Indicate the nature of the alleged violation or unsafe condition; and 8.15 Establish conditions under which work may be resumed. Section 9. Survey Markers and Monuments. 9.1 Survey Markers and Monuments. Franchisee shall,using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. In accordance with RCW 58.24.040(8),no cadastral or geodetic survey monument may be disturbed without a valid permit to remove or destroy a survey monument,issued by the Washington State Department of Natural Resources. Permit applications can be obtained on the DNR Public Land Survey Office website. The permit application must be stamped by a registered Washington State Land Surveyor.Franchisee shall obtain the permit to remove or destroy a survey monument as necessary.All costs to obtain and comply with the permit shall be paid by Franchisee. 9.2 Surface Markings/Stakes. Prior to Franchisee commencing any excavation work within the Franchise Area,Franchisee shall reference all monuments and markers relating to subdivisions,plats, Ordinance No. 20- Page 14 of 49 highways,and other surveys.The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise.The method of referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be borne solely by the Franchisee.A complete set of reference notes for monuments and other ties shall be filed with the City. Section 10. Work of Subcontractors and Contractors. Franchisee's contractors and subcontractors shall be licensed and bonded in accordance with State law and the City's ordinances, regulations, and requirements. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the work were performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by Franchisee and shall ensure that all such work is performed in compliance with this Franchise and applicable law. Section 11. Right of City to Complete Work. 11.1 Non-Compliance/Work Performed by City.In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances,rules,regulations, or standards or with any of the terms of this Franchise and such noncompliance continues for a period of thirty (30) days after Franchisee receives written notice from the City regarding the noncompliance,the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant to 0 herein and Franchisee's obligation to remove or relocate facilities pursuant to 0 herein. If any work by Franchisee endangers property or the public, Ordinance No. 20- Page 15 of 49 the cure period referenced in the previous sentence shall be ten (10) days. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee,Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys' fees; however, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical contractor. 11.2 Emergency Work Performed by City.The City retains the right and privilege to cut or move any Facilities located within the Rights-of-Way of the City, as the City may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. Consistent with Section 0, Franchisee shall reimburse the City for the costs associated with the repair. 11.3 No Liability for Damage.The City shall not be liable for any damage to or loss of Facilities within the Rights-of-Way as a result of or in connection with any, public works, public improvements,construction, grading, excavation, filling,or work of any kind in the Rights-of-Way by or on behalf of the City, except to the extent directly and proximately caused by the sole negligence or intentional misconduct of the City,its employees,contractors,or agents.The City shall further not be liable to Franchisee for any direct,indirect,or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this 0 except to the extent caused by the sole negligence or intentional misconduct of the City, its employees, contractors, or agents. Section 12. Required Relocaticii of T,icilities. 12.1 City Reservation of PiL Lits. The City reserves the right to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose. The Ordinance No. 20- Page 16 of 49 rights reserved herein include,without limitation,the construction,installation,and/or maintenance of any electrical,water, sewer or storm drainage line,traffic signals,street lights,trees,landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street and Right-of-Way improvement projects. 12.2 Relocation. The City may require Franchisee, and Franchisee covenants and agrees, to protect, support, temporarily disconnect, relocate, remove, and/or modify its Facilities within the Rights-of-Way when reasonably necessary for construction,alteration,repair,or improvement of the Right-of-Way for purposes of public welfare,health, or safety. These projects may include,but are not limited to,improving the Rights-of-Way for traffic conditions,dedications of new Rights-of-Way and the establishment and improvement thereof,widening and improvement of existing Rights-of- Way, street vacations, roadway construction, change or establishment of street grade, or the construction of any public improvement or structure,or as otherwise necessary for the operations of the City, regardless of the type of entity (public or private)performing the project. Collectively all such projects described in this Section 0 shall be considered"Public Improvement Projects." Except as otherwise provided by law, the costs and expenses associated with relocation or disconnections ordered pursuant to this Section shall be borne by Franchisee. 12.3 Notice of Public Improvement Pro' .If the City determines that the project necessitates the relocation of Franchisee's existing Facilities,the City shall provide Franchisee in writing with a date by which the relocation shall be completed (the "Relocation Date") consistent with RCW 35.99.060(2).In calculating the Relocation Date,the City shall consult with Franchisee and consider the extent of facilities to be relocated,the services requirements, and the construction sequence for the relocation, within the City's overall project construction sequence and constraints, to safely complete the relocation. Franchisee shall complete the relocation by the Relocation Date,unless the Ordinance No. 2o- Page 17 of=19 City or a reviewing court establishes a later date for completion,as described in RCW 35.99.060(2). To provide guidance on this notice process, the City will make reasonable efforts to engage in the following recommended process,absent an emergency posing a threat to public safety or welfare or an emergency beyond the control of the City that will result in severe financial consequences to the City: a. The City will consult with the Franchisee in the predesign phase of any Public Improvement Project in order to coordinate the project's design with Franchisee's Facilities within such project's area. b. Franchisee shall participate in predesign meetings until such time as (i)both parties mutually determine that Franchisee's Facilities will not be affected by the Public Improvement Project or (ii) until the City provides Franchisee with written notice regarding the relocation as provided in subsection 0 below. C. Franchisee shall,during the predesign phase,evaluate and provide comments to the City related to any alternatives to possible relocations. The City will give any alternatives proposed by the Franchisee full and fair consideration,but the final decision accepting or rejecting any specific alternative shall be within the City's reasonable judgment. d. The City will provide Franchisee with its decision regarding the relocation of Franchisee's Facilities as soon as reasonably possible, endeavoring to provide no less than ninety (90) days prior to the commencement of the construction of such Public Improvement Project; provided,however,that in the event that the provisions of a state or federal grant require a different notification period or process than that outlined in Section 5.5, the City will notify the Franchisee during the predesign meetings and the process mandated by the grant funding will control. Ordinance No. 20- Page 18 of 49 e. After receipt of such written notice, Franchisee shall relocate such Facilities to accommodate the Public Improvement Project consistent with the timeline provided by the City and at no charge or expense to the City. Such timeline may be extended by a mutual agreement. 12.4 Franchisee's Duties. Within the time frame established by the City notice under Section Error! Reference source not found.requiring relocation,Franchisee shall raise,lower,or move such Facilities within the Franchise Area to the location or position directed by the City, to cause the least interference with the improvement,repair,or alteration contemplated by the City and to conform to such new grades as may be established. If the City improves a Right-of-Way, Franchisee shall, upon receipt of notice, replace the Facilities located in the improved subgrade of the improvement with substitute Facilities conforming to the specifications for the improvement of the Right-of-Way. The relocation of the Facilities shall be at the Franchisee's sole cost and expense except as otherwise provided in RCW 35.99.060. 12.5 Delay. Franchisee shall be solely responsible for the actual out-of-pocket costs incurred by the City for delays in a Public Improvement Project to the extent the delay is caused by or arises out of Franchisee's failure to comply with the final schedule for the relocation(other than as a result of a Force Majeure Event or causes or conditions caused by the acts or omissions of the City or any third party unrelated to Franchisee. Franchisee vendors and contractors shall not be considered unrelated third parties). Such out-of-pocket costs may include, but are not limited to, payment to the City's contractors and/or consultants for increased costs and associated court costs, interest,and attorneys' fees incurred by the City to the extent directly attributable to such Franchisee's caused delay in the Public Improvement Project. Franchisee will indemnify, hold harmless, and pay the costs of defending the City,in accordance with the provisions of Section 16,against any and all claims,suits, actions,damages,or liabilities for delays on City construction projects caused by or arising out of the Ordinance No. 20- Page 19 of 49 failure of Franchisee to remove or relocate its Facilities as provided in this 0; provided, that Franchisee shall not be responsible for damages due to delays caused by circumstances beyond the control of Franchisee or the sole negligence,willful misconduct,or unreasonable delay of the City or any unrelated third party. 12.6 Third-Party Relocations. The provisions of this 0 shall in no manner preclude or restrict Franchisee from making arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City,or a third-party on behalf of the City,where the facilities to be constructed by said person or entity are not or will not become City- owned,operated,or maintained facilities provided that such arrangements do not unduly delay a City construction project. 12.7 Relocation-Franchisee Owned Structures. The cost of relocation of any Franchisee owned poles or structures shall be determined in accordance with the requirements of RCW 35.99.060(3)(b), provided, however,that the Franchisee may opt to pay for the cost of relocating its Small Wireless Facilities in order to provide consideration for the City's approval to site a Small Wireless Facility on Franchisee owned structures or poles in a portion of the Right-of-Way designated or proposed for a Public Improvement Project. For this Section 0, designation of the Right-of-Way for a Public Improvement Project shall be undertaken in the City's Comprehensive Plan in accordance with the requirements of Ch. 36.70A RCW. The Comprehensive Plan includes, but is not limited to, the Transportation element or Transportation Improvement Plan (TIP), Capital Facilities element, utilities element and any other element authorized by RCW 36.70A.070 and RCW 36.70A.080. The parties acknowledge that this provision is mutually beneficial to the parties, as the City may otherwise deny the placement of the Small Wireless Facility at a particular site because of the cost impact of such relocation and the conflict with the City's Comprehensive Plan. Ordinance No. 20- Page 20 of 49 12.8 Third Party Structures. If the request for relocation from the City originates due to a Public Improvement Project, in which structures or poles are either replaced or removed, then Franchisee shall relocate or remove its Facilities as required by the City at no cost to the City, subject to the procedures in this 0. Franchisee acknowledges and agrees that,to the extent Franchisee's Facilities are located on poles owned by third-parties,the City shall not be responsible for any costs associated with requests arising out of a City Public Improvement Project. 12.9 Locate.Upon request of the City and in order to facilitate the design of City street and Right- of-Way improvements, Franchisee agrees, at its sole cost and expense, to locate, and if reasonably determined necessary by the City, to excavate and expose its Facilities for inspection so that the Facilities'location may be taken into account in the improvement design.The decision as to whether any Facilities need to be relocated in order to accommodate the City's improvements shall be made by the City upon review of the location and construction of Franchisee's Facilities. The City shall provide Franchisee at least fourteen(14) days'written notice prior to any request for excavation or exposure of Facilities. 12.10 City's Costs. If Franchisee fails, neglects, or refuses to remove or relocate its Facilities as directed by the City following the procedures outlined in this 0, then upon at least ten (10) days' written notice to Franchisee, the City may perform such work or cause it to be done, and the City's costs shall be paid by Franchisee pursuant to 0. Section 13. Damage Repair. In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to Rights-of-Way,or to public and private improvements within or adjacent to Rights-of- Way,the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage,immediately notify the City. The City will inspect the damage, Ordinance No. 20- Page 21 of 49 and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to Rights-of-Way or to public and private improvements within or adjacent to Rights-of- Way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage.In the event the Franchisee does not repair a Right-of-Way or an improvement as required in this section, the City may repair the damage pursuant to 0 of this Franchise. Section 14. Default. 14.1 Remedies. The City may elect, without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee to comply with the provisions of this Franchise and to recover damages and costs incurred by the City by reason of Franchisee's failure to comply.In addition to any other remedy provided herein,the City reserves the right to pursue any remedy to compel or force Franchisee and/or its successors and assigns to comply with the terms hereof,and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Provided, further, that by entering into this Franchise, it is not the intention of the City or Franchisee to waive any other rights,remedies,or obligations as otherwise provided by law equity,or otherwise, and nothing contained herein shall be deemed or construed to affect any such waiver. 14.2 Notice and Cure; Damages. If Franchisee shall violate, or fail to comply with any of the provisions of this Franchise, or should it fail to heed or comply with any notice given to Franchisee under the provisions of this Franchise, the City shall provide Franchisee with written notice specifying with reasonable particularity the nature of any such breach and Franchisee shall undertake all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of notification. If the parties reasonably determine the breach cannot be cured within (30)thirty days, Ordinance No. 20- Page 22 of 49 the City may specify a longer cure period, and condition the extension of time on Franchisee's submittal of a plan to cure the breach within the specified period,commencement of work within the original thirty(3 0)day cure period,and diligent prosecution of the work to completion.If the breach is not cured within the specified time, or Franchisee does not comply with the specified conditions, City may,at its discretion,(1)commence revocation proceedings pursuant to Section 0,or(2)claim damages of Two Hundred Fifty Dollars($250.00)per day against the Franchisee or bond set forth in 0, or (3)pursue other remedies as described in Section 0 above. 14.3 Revocation of Franchise. If Franchisee willfully violates or fails to comply with any of the provisions of this Franchise, or through willful misconduct or gross negligence fails to heed or comply with any notice given Franchisee by the City under the provisions of this Franchise, then Franchisee shall, at the election of the Federal Way City Council, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the Council after a hearing held upon notice to Franchisee. Section 1�. Deployment of Facilities. 15.1 City Retainti Appro\ial Aiitliont .The City shall have the authority at all times to control by appropriately exercised police powers through ordinance or regulation, consistent with 47 U.S.C. § 253,47 U.S.C. § 332(c)(7)and the laws of the State of Washington,the location, elevation,manner of construction, and maintenance of any of Franchisee's Facilities, and Franchisee shall promptly conform with all such requirements, unless compliance would cause Franchisee to violate other requirements of law. This Franchise does not prohibit the City from exercising its rights under federal, state or local law to deny or give conditional approval to an application for a permit to construct any individual Facility. Ordinance No. 20- Page 23 of 49 15.2 City Approvals and Permits. The granting of this Franchise is not a substitute for any other City required approvals to construct Franchisee's Facilities in the Rights-of-Way("City Approvals"). The parties agree that such City Approvals (except Right-of-Way use permits as described in 0 of this Franchise)are not considered use permits,as that term is defined in RCW 35.99.010.These City Approvals do not grant general authorization to enter and utilize the Rights-of-Way but rather grant Franchisee permission to build its specific Facilities. Therefore,City Approvals are not subject to the thirty (30) day issuance requirement described in RCW 35.99.030. The parties recognize that this provision is specifically negotiated as consideration for designating the entire City as the Franchise Area. Such City Approvals shall be issued consistent with the Codes, state, and federal laws governing wireless communication facility siting and may be in addition to any permits required under Section 0. 15.3 Preference for Existing Infrastructure; Site Specific Agreements. a. Franchisee shall utilize existing infrastructure in the City whenever possible and consistent with the design, concealment, and siting of the Codes. The erection of new poles or structures in the Right-of-Way may only be permitted if no other alternative space feasible for the installation of the Facility is available. In the event that existing infrastructure is not available or feasible for a Facility,or if the City prefers new poles or infrastructure in a particular area of the City, then Franchisee may request the placement of new or replacement structures in the Rights-of-Way consistent with the requirements of the Codes. b. Franchisee acknowledges and agrees that pursuant to RCW 35.21.860, Franchisee may be required to enter into a site-specific agreement or lease for any of the following: (i) The placement of new poles or structures in the Right-of-Way regardless of height, unless the new structure is the result of a mandated relocation; Ordinance No. 20- Page 24 of 49 (ii) The placement of replacement structures when the replacement is necessary for the installation or attachment of the Facilities, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the Facility is more than sixty feet; or (iii) The placement of Facilities on poles or structures owned by the City located in the Right-of-Way. C. Replacement poles or structures which remain substantially similar to existing structures or deviate in height or design as permitted within the FWRC are permissible provided that Franchisee,or the pole owner at the Franchisee's request,removes the old pole or structure promptly, but no more than ninety (90) days after the installation of the replacement pole or structure. d. This Section 15.3.4 does not place an affirmative obligation on the City to allow the placement of new infrastructure on public property or in the Rights-of-Way, nor does it relieve Franchisee from any Code provision related to the siting of wireless facilities. 15.4 Concealment. Franchisee shall construct its Facilities consistent with the concealment or stealth requirements as described in the Codes, as the same exist or are hereafter amended, or in the applicable permit(s), lease, site specific agreement, or license agreement, in order to minimize the visual impact of such Facilities. 15.5 Eligible Facilities Requests. The parties acknowledge that it is the intent of this Franchise to provide general authorization to use the Rights-of-Way for Small Wireless Facilities. The designs as illustrated in a Small Wireless Permit, including the dimensions and number of antennas and equipment boxes and the pole height are intended and stipulated to be concealment features when considering whether a proposed modification is a substantial change under Section 6409(a) of the Spectrum Act, 47 U.S.C. § 1455(a). Ordinance No. 20- Page 25 of-49 15.6 Inventory. Franchisee shall maintain a current inventory of Facilities throughout the Term of this Franchise. Franchisee shall provide to the City a copy of an inventory report within thirty(30) days after a request by the City. The inventory report shall include GIS coordinates, date of installation, type of pole used for installation, description/type of installation for each Facility installation and photographs taken before and after the installation of the Facility and taken from the public street. Facilities that are considered Deactivated Facilities,as described in Section 0,shall be included in the inventory report and Franchisee shall provide the same information as is provided for active installations as well as the date the Facilities were deactivated and the date the Deactivated Facilities were removed from the Right-of-Way. The City shall compare the inventory report to its records to identify any discrepancies, and the parties will work together in good faith to resolve any discrepancies. Franchisee is not required to report on future inventory reports any Deactivated Facilities that were removed from the Right-of-Way since the last reported inventory and may thereafter omit reference to the Deactivated Facilities. 15.7 Unauthorized Facilities. Any Small Wireless Facilities installations in the Right-of-Way that were not authorized under this Franchise or other required City Approval("Unauthorized Facilities") will be subject to the payment of an Unauthorized Facilities charge by Franchisee. The City shall provide written notice to Franchisee of any Unauthorized Facilities identified by City staff and Franchisee shall either(i)establish that the site was authorized,or(ii)submit a complete application to the City for approval of the Unauthorized Facilities. Upon notice of the Unauthorized Facility, Franchisee shall be charged Five Hundred and 00/100 Dollars ($500.00)per day per Unauthorized Facility("Unauthorized Facility Penalty"). The Unauthorized Facility Penalty shall be waived in its entirety if Franchisee can establish that the site was in fact authorized. The Unauthorized Facility Penalty shall be suspended upon the submission of a complete application to the City requesting Ordinance No. 20- Page 26 of 49 approval of the Unauthorized Facility. If the application for such Unauthorized Facilities is denied as the final decision, then the Unauthorized Facility Penalty will resume until the Unauthorized Facilities are removed and Franchisee shall remove the Unauthorized Facilities from the City's Right-of-Way within thirty(3 0)days after the expiration of all appeal periods for such denial. Upon the conclusion of any matter involving an Unauthorized Facility, City shall provide Franchise an invoice detailing the total amount of the Unauthorized Facility Penalty, if any, which penalty Franchisee shall pay within thirty(3 0)days after receipt of notice thereof.This Franchise remedy is in addition to any other remedy available to the City at law or equity. Notwithstanding the foregoing, an Unauthorized Facility Penalty pursuant to this Franchise shall not be assessed if Franchisee received City Approval for the Small Wireless Facilities but such Small Wireless Facilities are technically inconsistent with the City Approval;provided,however,Franchisee is still required to fix any inconsistencies with the permit requirements and that this provision does not restrict the City's other enforcement rights. 15.8 Graffiti Abatement. As soon as practical, but not later than seven (7) days from the date Franchisee receives notice or is otherwise aware, Franchisee shall remove all graffiti on any of its Facilities of which it is the owner of the pole or structure or on the Facilities themselves attached to a third-party pole(e.g.,graffiti on the shrouding protecting the radios). The foregoing shall not relieve Franchisee from complying with any City graffiti or visual blight ordinance or regulation. 15.9 Emissions Reports. a. Franchisee is obligated to comply with all laws relating to allowable presence of or human exposure to Radiofrequency Radiation("RFs")or Electromagnetic Fields("EMFs")on or off any poles or structures in the Rights-of-Way, including all applicable FCC standards,whether such RF or EMF presence or exposure results from the Facility alone or from the cumulative effect of the Ordinance No. 20- Page 27 of 49 Facility added to all other sources operated by Franchisee or on behalf of Franchisee on or near the specific pole or structure. Franchisee shall comply with the RF emissions certification requirements of FWRC 4.23.020(2). b. Nothing in this Franchise prohibits the City from requiring periodic testing of Franchisee's Facilities,provided that such testing is not requested on any one Facility more than once in a calendar year,unless as otherwise required by a permit or due to a modification of the Facility. The City may inspect any of Franchisee's Facilities and equipment located in the Rights-of-Way. If the City discovers that the emissions from a Facility exceeds the FCC standards,then the City may order Franchisee to immediately turn off the Facility or portion thereof committing the violation, until the emissions exposure is remedied. Such notification shall be made orally by calling (800) 832-6662 and by written notice pursuant to Section 0. Franchisee is required to promptly turn off that portion of the Facility that is in violation,no later than forty-eight(48)hours after receipt of oral notice. Franchisee shall reimburse the City for any costs incurred by the City for inspecting the Facility and providing notice as described in 0. 15.10 Interference with Public Facilities. Franchisee's Facilities shall not physically interfere or cause harmful interference, as defined in 47 CFR 15.3(m),with any City operations(including,but not limited to, traffic lights, public safety radio systems, or other City communications infrastructure), or the emergency communications operation or equipment. If the Facilities cause such harmful interference,Franchisee shall respond to the City's request to address the source of the interference as soon as practicable, but in no event later than forty-eight (48) hours after receipt of notice. The City may require,by written notice,that Franchisee power down the specific Facilities, or portion thereof, causing such interference if such interference is not remedied within forty-eight (48)hours after notice. If,within thirty(30)days after receipt of such written notice from the City of Ordinance No. 20- Page 28 of 49 such interference, Franchisee has not abated such interference, such Facility may be deemed an Unauthorized Facility and subject to the provisions of Section 0 or removal by the City consistent with Section 0. 15.11 Interference with Other Facilities. Franchisee is solely responsible for determining whether its Facilities interfere with telecommunications facilities of other utilities and franchisees within the Rights-of-Way. Franchisee shall comply with the rules and regulations of the Federal Communications Commission regarding radio frequency interference when siting its Facilities within the Franchise Area. Franchisee, in the performance and exercise of its rights and obligations under this Franchise shall not physically or technically interfere in any manner with the existence and operation of any and all existing utilities, sanitary sewers, water mains, storm drains, gas mains, poles,aerial and underground electrical and telephone wires,electroliers,cable television,and other telecommunications,utility,or municipal property,without the express written approval of the owner or owners of the affected property or properties, except as expressly permitted by applicable law or this Franchise. Section 16. [.invited Rights. This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. The City reserves the right to limit or exclude Franchisee's access to a specific route,Right-of-Way or other location when,in the judgment of the Director there is inadequate space(including,but not limited to,compliance with ADA clearance requirements and maintaining a clear and safe passage through the Rights-of-Way), a pavement cutting moratorium, unnecessary damage to public property, public expense, inconvenience, interference with City utilities, or for any other reason determined by the Director. Ordinance No. 20- Page 29 of 49 Section 17. Eminent Domain. The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law,all or a portion of Franchisees Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Section 18. Vacation. If at any time the City,by ordinance,vacates all or any portion of the Franchise Area,the City will not be liable for any damages or loss to the Franchisee by reason of such vacation.The City shall notify Franchisee in writing not less than thirty (30) days before vacating all or any portion of the Franchise Area, if Franchisee has Facilities within such area planned for vacation. The City may, after thirty(30)days written notice to Franchisee,terminate this Franchise with respect to any such vacated area. At Franchisee's request, the City will, if practicable, reserve an easement for Franchisee's existing facilities to continue to use the vacated area. Franchisee must provide to the City information necessary for the City to reserve such easement within the thirty (30) day period. Section 19. Compliance with Laws. 19.1 General. The City and Franchisee shall comply with all applicable federal, state and City laws, franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Policy Act; provided, however,that if any term or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit, or approval are in conflict, the term or condition of this Franchise will control. 19.2 Future City of Federal Way Regulation.Franchisee acknowledges that the City may develop rules,regulations, ordinances, and specifications for the use of the right-of-way which shall govern Ordinance No. 20- Page 30 of 49 Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same.Notwithstanding the preceding sentence,any pre-existing Facilities shall not be required to comply with the terms of any new rules, regulations, ordinances and specifications unless Franchisee modifies its Facilities. 19.3 Franchise Fees. Franchisee hereby represents that its operations as authorized under this Franchise are those of a telephone business as defined in RCW 82.16.010, or service provider as defined in RCW 35.99.010.As a result, the City will not impose a franchise fee under the terms of this Franchise,other than as described herein.The City hereby reserves its right to impose a franchise fee on Franchisee if Franchisee's operations as authorized by this Franchise change such that the statutory prohibitions of RCW 35.21.860 no longer apply or, if statutory prohibitions on the imposition of such fees are removed.In either instance,the City also reserves its right to require that Franchisee obtain a separate franchise for its change in use,which franchise may include provisions intended to regulate Franchisee's operations, as allowed under applicable law. 19.4 Taxes. Franchisee stipulates and agrees that certain of its business activities are subject to taxation as a cellular telephone service and that Franchisee shall pay to the City the rate applicable to such taxable services under Chapter 3.10 FWRC, and consistent with state and federal law. The parties agree that if there is a dispute regarding tax payments that the process in Chapter 3.10 FWRC shall control.The parties agree that nothing in this Franchise shall limit the City's power of taxation as may exist now or as later imposed by the City. This provision does not limit the City's power to amend Chapter 3.10 FWRC as may be permitted by law. Section 20. Guarantee. Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair including Facilities and right-of-way restoration. This Ordinance No. 20- Page 31 gf'49 guarantee shall apply only to such settlement or repair that the City attributes to Franchisee's Facilities, actions or omissions. Section 21. Charge for A(]ininistrative Costs. 21.1 Administrative Fee. Franchisee shall pay a one-time fee for the actual administrative expenses incurred by the City that are directly related to the receiving and approving this Franchise pursuant to RCW 35.21.860, including the costs associated with the City's legal costs incurred in drafting and processing this Franchise. Such administrative fee shall be offset against the fee deposit required pursuant to FWRC 4.22.040; provided, however, if the administrative fee exceeds the fee deposit,then the Franchisee shall remit such additional amounts within thirty(3 0)days of receipt of an invoice from the City. No construction permits shall be issued for the installation of Facilities authorized until such time as the City has received payment of this fee. Franchisee shall further be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City. Where the City incurs costs and expenses for review, inspection, or supervision of activities, including but not limited to reasonable fees associated with attorneys,consultants,City Staff and City Attorney time,undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not established, Franchisee shall pay such costs and expenses directly to the City in accordance with the provisions of Section 0. 21.2 Emergency Repair Costs. In addition to Section 0, Franchisee shall promptly reimburse the City in accordance with the provisions of Section 0 and Section 0 for any and all costs the City reasonably incurs in response to any emergency situation involving Franchisee's Facilities, to the extent said emergency is not the fault of the City. Ordinance No. 20- Page 32 g1*49 21.3 ReI[i1bt1rseiii c,,rnl t,l.Ehenses. Franchisee shall reimburse the City within sixty(60) days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by project, for Franchisee's proportionate share of all actual, identified expenses incurred by the City in planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of the presence of Franchisee's Facilities in the Rights-of-Way. Such costs and expenses shall include but not be limited to Franchisee's proportionate cost of City personnel assigned to oversee or engage in any work in the Rights-of-Way as the result of the presence of Franchisee's Facilities in the Rights- of-Way. Such costs and expenses shall also include Franchisee's proportionate share of any time spent reviewing construction plans in order to either accomplish the relocation of Franchisee's Facilities or the routing or rerouting of any utilities so as not to interfere with Franchisee's Facilities. 21.4 Calculation of Costs.The time of City employees shall be charged at the hourly rate specified in the applicable Code, schedule, or other City adopted regulation. Any other costs will be billed proportionately on an actual cost basis.All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement.A charge for the actual costs incurred in preparing the billing may also be included in said billing.At the City's option,the billing may be on an annual basis, but the City shall provide the Franchisee with the City's itemization of costs, in writing, at the conclusion of each project for information purposes. Section 22. Indemnification. 22.1 Franchisee releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents, volunteers, and representatives from any and all claims, costs,judgments, awards, or liability to any person, for injury or death of any person, or damage to property caused by or arising out of any acts or omissions of Franchisee, its agents, servants, officers, or employees in the performance of this Franchise and any rights granted within Ordinance No. 20- Page 33 of 49 this Franchise. These indemnification obligations shall extend to claims that are not reduced to a suit and any claims that may be compromised, with Franchisee's prior written consent, prior to the culmination of any litigation or the institution of any litigation. 22.2 Inspection or acceptance by the City of any work performed by Franchisee at the time of completion of construction shall not be grounds for avoidance by Franchisee of any of its obligations under this 0. 22.3 The City shall promptly notify Franchisee of any claim or suit and request in writing that Franchisee indemnify the City. Franchisee may choose counsel to defend the City subject to this Section 22.3. City's failure to so notify and request indemnification shall not relieve Franchisee of any liability that Franchisee might have,except to the extent that such failure prejudices Franchisee's ability to defend such claim or suit. In the event that Franchisee refuses the tender of defense in any suit or any claim, as required pursuant to the indemnification provisions within this Franchise, and said refusal is subsequently determined by a court having jurisdiction(or such other tribunal that the parties shall agree to decide the matter),to have been a wrongful refusal on the part of Franchisee, Franchisee shall pay all of the City's reasonable costs for defense of the action, including all expert witness fees,costs,and attorney's fees,and including costs and fees incurred in recovering under this indemnification provision. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the City and the counsel selected by Franchisee to represent the City,then upon the prior written approval and consent of Franchisee,which shall not be unreasonably withheld, the City shall have the right to employ separate counsel in any action or proceeding and to participate in the investigation and defense thereof, and Franchisee shall pay the reasonable fees and expenses of such separate counsel,except that Franchisee shall not be required to pay the fees and expenses of separate counsel on behalf of the City for the City to bring or pursue any Ordinance No. 20- Page 34 of 49 counterclaims or interpleader action, equitable relief, restraining order or injunction upon the Franchisee. The City's fees and expenses shall include all out-of-pocket expenses, such as consultants and expert witness fees, and shall also include the reasonable value of any services rendered by the counsel retained by the City but shall not include outside attorneys'fees for services that are unnecessarily duplicative of services provided the City by Franchisee. Each party agrees to cooperate and to cause its employees and agents to cooperate with the other party in the defense of any such claim and the relevant records of each party shall be available to the other party with respect to any such defense. 22.4 Except to the extent that damage or injury arises from the sole negligence or willful misconduct of the City, its officers, officials, employees or agents, the obligations of Franchisee under the indemnification provisions of this 0,and any other indemnification provision herein,shall apply regardless of whether liability for damages arising out of bodily injury to persons or damages to property were caused or contributed to by the concurrent negligence of the City, its officers, officials, employees or agents and the Franchisee. Notwithstanding the proceeding sentence,to the extent the provisions of RCW 4.24.115 are applicable,the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. It is further specifically and expressly understood that the indemnification provided constitutes Franchisee's waiver of immunity under Title 51 RCW,solely for the purposes of this indemnification, relating solely to indemnity claims made by the City directly against the Franchisee for claims made against the City by Franchisee's employees. This waiver has been mutually negotiated by the parties. 22.5 Notwithstanding any other provisions of this 0,Franchisee assumes the risk of damage to its Facilities located in the Rights-of-Way and upon City-owned property from activities conducted by Ordinance No. 20- Page 35 of F9 the City,its officers,agents,employees,volunteers,elected and appointed officials,and contractors, except to the extent any such damage or destruction is caused by or arises from any solely negligent, willful misconduct, or criminal actions on the part of the City, its officers, agents, employees, volunteers,or elected or appointed officials,or contractors. In no event shall either party be liable to the other party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of example and not limitation lost profits,lost revenue,loss of goodwill,or loss of business opportunity in connection with its performance or failure to perform under this Franchise. Franchisee releases and waives any and all such claims against the City, its officers, agents, employees,volunteers,or elected or appointed officials,or contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to,business interruption damages,lost profits and consequential damages,brought by users of Franchisee's Facilities as the result of any interruption of service due to damage or destruction of Franchisee's Facilities caused by or arising out of activities conducted by the City,its officers,agents, employees or contractors. 22.6 The provisions of this 0 shall survive the expiration, revocation, or termination of this Franchise. Section 23. Insurance. 23.1 Franchisee shall procure and maintain for so long as Franchisee has Facilities in the Public Ways,insurance against claims for injuries to persons or damages to property which may arise from or in connection with the acts or omissions of Franchisee. Franchisee shall require that every subcontractor maintain substantially the same insurance coverage with substantially the same policy limits as required of Franchisee,except for the Excess Umbrella coverage described in subsection D below. Franchisee shall procure insurance from insurers with a current A.M. Best rating of not less Ordinance No. 20- Page 36 of 49 than A-, VII. Franchisee shall provide a copy of a certificate of insurance and additional insured endorsement to the City for its inspection at the time of acceptance of this Franchise, and such insurance certificate shall evidence insurance that includes: a. Automobile Liability insurance with limits of$5,000,000 combined single limit per accident for bodily injury and property damage; b. Commercial General Liability insurance as per form ISO CG 00 01 or its equivalent, written on an occurrence basis with limits of $5,000,000 per occurrence for bodily injury and property damage and $5,000,000 general aggregate including personal and advertising injury, contractual liability; premises;-operations; independent contractors; products and completed operations; and broad form property damage; explosion, collapse and underground (XCU); C. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington and Employer's Liability with a limit of$1,000,000 each accident/disease/policy limit. Evidence of qualified self-insurance is acceptable; and d. Excess Umbrella liability policy with limits of$10,000,000 per occurrence and in the aggregate. Franchisee may use any combination of primary and excess to meet required total limits. 23.2 Payment of deductible or self-insured retention shall be the sole responsibility of Franchisee. Franchisee may utilize primary and umbrella liability insurance policies to satisfy the insurance policy limits required in this Section 23. Franchisee's umbrella liability insurance policy shall provide"follow form"coverage over its primary liability insurance policies or be at least as broad as such underlying policies. 23.3 The required Commercial General Liability and Umbrella/Excess Liability insurance policies obtained by Franchisee shall include the City,its officers,officials,employees,agents,and volunteers ("Additional Insureds"),as an additional insured with regard to this Franchise,with coverage at least Ordinance No. 20- Page 37 of d9 as broad as CG 20 26 04 13 or its equivalent and the required Commercial Auto Liability policy obtained by Franchisee shall include the Additional Insureds,as an additional insured with regard to the use of vehicles by or on behalf of Franchisee while in performance of this Franchise.In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer's liability and except with respect to the rights and duties of Franchisee as the First Named insured. Franchisee shall provide to the City a certificate of insurance and a copy of the blanket additional insured endorsements. Receipt by the City of any certificate showing less coverage than required is not a waiver of Franchisee's obligations to fulfill the requirements.Franchisee's required general and auto liability insurance shall be primary insurance with respect to the City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be in excess of Franchisee's required insurance and shall not contribute with it. 23.4 Upon receipt of notice from its insurer(s),Franchisee shall provide the City with thirty(30) days prior written notice of any cancellation or non-renewal of any insurance policy, required pursuant to this 0, which is not replaced. Franchisee shall, prior to the effective date of such cancellation, obtain replacement insurance policies meeting the requirements of this 0. Failure to obtain replacement insurance policies meeting the requirements of this 0 shall be considered a material breach of this Franchise and subject to the City's election of remedies described in 0 above. Notwithstanding the cure period described in 0 above,the City may pursue its remedies immediately upon a failure to furnish replacement insurance. 23.5 Franchisee's maintenance of insurance as required by this Section 23 shall not be construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or equity. Further, Franchisee's maintenance of Ordinance No. 20- Page 38 of l9 insurance policies required by this Franchise shall not be construed to excuse unfaithful performance by Franchisee. 23.6 The City may review all insurance limits once every three(3)calendar years during the Term and may make reasonable adjustments in the limits in accordance with prudent risk management practices and insurance industry standards upon thirty(3 0)days'prior written notice to Franchisee. Franchisee shall then provide an updated certificate of insurance to the City showing compliance with these adjustments and shall furnish the required blanket additional insured endorsement. 23.7 As of the Effective Date of this Franchise, Franchisee is not self-insured with respect to required insurance. Should Franchisee wish to become self-insured at the levels outlined in this Franchise at a later date,Franchisee or its affiliated parent entity shall comply with the following: (1) provide the City,upon request, a copy of Franchisee's, or its parent company's,most recent annual report, if such financial statements are not otherwise publicly available; (2)Franchisee or its parent company is responsible for all payments within the self-insurance program; and (3) Franchisee assumes all defense and indemnity obligations as outlined in the indemnification section of this Franchise. Section 24. Bond. 24.1 Construction Performance Bond. Franchisee shall furnish a performance bond ("Performance Bond") written by a corporate surety reasonably acceptable to the City equal to at least 120%of the estimated cost of restoring the Rights-of-Way and other City properties affected by the construction prior to commencement of any such work or such other amount as deemed appropriate by the Director. The Performance Bond shall guarantee the following: (1) timely completion of construction; (2) construction in compliance with all applicable plans, permits, technical codes, and standards; (3) proper location of the Facilities as specified by the City; (4) Ordinance No. 20- Page 39 of 49 restoration of the Rights-of-Way and other City properties affected by the construction; (5) submission of as-built drawings after completion of construction; and (6) timely payment and satisfaction of all claims, demands, or liens for labor,materials, or services provided in connection with the work which could be asserted against the City or City property. Said bond must remain in full force until the completion of construction, including final inspection, corrections, and final approval of the work,recording of all easements,provision of as-built drawings,and the posting of a Maintenance Bond as described in Section 0. Compliance with the Performance Bond requirement of the City's current Design and Construction Standards shall satisfy the provisions of this Section 0. 24.2 Maintenance Bond. Franchisee shall furnish a two(2)year maintenance bond("Maintenance Bond"),or other surety acceptable to the City,at the time of final acceptance of construction work on Facilities within the Rights-of-Way. The Maintenance Bond amount will be equal to ten percent (10%)of the documented final cost of restoring the Rights-of-Way and other City properties affected by the construction, but in no event shall a bond of more than $250,000 be required. The Maintenance Bond in this Section 0 must be in place prior to City's release of the bond required by Section 0. Compliance with the Maintenance Bond requirement of the City's current Design and Construction Standards shall satisfy the provisions of this Section 0. 24.3 Franchise Bond. Franchisee shall provide City with a bond in the amount of Fifty Thousand Dollars ($50,000.00) ("Franchise Bond") running or renewable for the term of this Franchise, in a form and substance reasonably acceptable to City. In the event Franchisee shall fail to substantially comply with any one or more of the provisions of this Franchise following notice and a reasonable opportunity to cure,then there shall be recovered jointly and severally from Franchisee and the bond any actual damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of Ordinance No. 20- Page 40 of 49 removal or abandonment of facilities hereinabove described. Franchisee specifically agrees that its failure to comply with the terms of this 0 shall constitute a material breach of this Franchise. The amount of the bond shall not be construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 25. Abandomnent. 25.1 Where any Facilities or portions of Facilities are no longer needed, and their use is to be discontinued, the Franchisee shall report within thirty (30) days such Facilities in writing ("Deactivated Facilities")to the Director. This notification is in addition to the inventory revisions addressed in 0. Deactivated Facilities, or portions thereof, shall be completely removed within ninety (90) days and the site, pole or infrastructure restored to its pre-existing condition. This requirement shall include the removal of any underground Facilities within the Rights-of-Way unless otherwise agreed to by the City. Franchisee must apply and receive a permit,pursuant to Section 0, prior to any such removal of Facilities from the Rights-of-Ways. 25.2 In the event that the use of any part of the Facilities are discontinued for any reason for a continuous period of six (6)months or more, or in the event such Facility has been installed in any Right-of-Way or other public place without complying with the requirements of this Franchise or other City ordinances, the provisions of Section 0 shall govern. 25.3 Any property of Franchisee remaining in place ninety(90)days after such notice,termination or expiration of this Franchise shall be considered permanently abandoned. The City may extend such time not to exceed an additional thirty(3 0)days.Any costs incurred by the City in safeguarding such Facilities or removing the Facilities shall be reimbursed by Franchisee. Nothing contained within this 0 shall prevent the City from compelling Franchisee to remove any such Facilities Ordinance No. 20- Page 41 of'49 through judicial action when the City has not permitted Franchisee to abandon said Facilities in place. 25.4 Any property of Franchisee permitted by the City to be abandoned in place shall be abandoned in such manner as the City shall prescribe.Upon permanent abandonment of the property of Franchisee in place,the property shall become that of the City,and Franchisee shall submit to the City Clerk an instrument in writing,to be approved by the City Attorney,transferring to the City the ownership of such property. 25.5 The provisions of this 0 shall survive the expiration, revocation, or termination of this Franchise. Section 26. General Provisions. 26.1 Entire Agreement.This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 26.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 26.3 Assignment. a. This Franchise may not be directly or indirectly assigned,transferred,or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or otherwise, unless approved in writing by the City, which approval shall not be unreasonably withheld, conditioned or delayed. The above notwithstanding,Franchisee may freely assign this Franchise in whole or in part: (i) to a parent, subsidiary, or affiliated entity, or (ii) in connection with a sale or other transfer of substantially all of Franchisee's assets in the FCC market area where they are located,unless there is a change of control as described in Section 0 below,or for collateral security Ordinance No. 20- Page 42 of 49 purposes. Franchisee shall provide prompt,written notice to the City of any such assignment. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral. For purposes of this Section,no assignment or transfer of this Franchise shall be deemed to occur based on the public trading of Franchisee's stock;provided,however, any tender offer, merger, or similar transaction resulting in a change of control shall be subject to the provisions of this Franchise. b. Any transactions that singularly or collectively result in a change of more than fifty percent (50%) of the: ultimate ownership or working control of Franchisee, ownership or working control of the Facilities, ownership or working control of affiliated entities having ownership or working control of Franchisee or of the Facilities, or of control of the capacity or bandwidth of Franchisee's Facilities, shall be considered an assignment or transfer requiring City approval. Transactions between affiliated entities are not exempt from City approval if there is a change in control as described in the preceding sentence. Franchisee shall promptly notify the City prior to of any proposed change in, or transfer of, or acquisition by any other party of control of Franchisee. Every change,transfer, or acquisition of control of Franchisee shall cause a review of the proposed transfer. The City shall approve or deny such request for an assignment or transfer requiring City's consent within one-hundred twenty(120)days of a completed application from Franchisee,unless a longer period of time is mutually agreed to by the parties or when a delay in the action taken by the City is due to the schedule of the City Council and action cannot reasonably be obtained within the one hundred twenty (120) day period. In the event that the City adopts a resolution denying its consent and such change, transfer, or acquisition of control has been affected,the City may revoke this Franchise, following the revocation procedure described in Section 0 above. The assignee or Ordinance No. 20- Page 43 of 49 transferee must have the legal, technical, financial, and other requisite qualifications to own,hold, and operate Franchisee's Services. Franchisee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Franchise,in accordance with the provisions of Section 0 and Section 0,and shall pay the applicable application fee. C. Franchisee may, without prior consent from the City: (1) lease the Facilities, or any portion, to another person; (2) grant an indefeasible right of user interest in the Facilities, or any portion, to another person; or(3) offer to provide capacity or bandwidth in its Facilities to another person, provided further, that Franchisee shall at all times retain ownership over its Facilities and remain fully responsible for compliance with the terms of this Franchise, and Franchisee shall furnish,upon request from the City,a copy of any such lease or agreement,provided that Franchisee may redact the name, street address (except for City and zip code), Social Security Numbers, Employer Identification Numbers or similar identifying information, and other information considered confidential under applicable laws provided in such lease or agreement, and the lessee complies,to the extent applicable,with the requirements of this Franchise and applicable City codes. Franchisee's obligation to remain fully responsible for compliance with the terms under this Section 0 shall survive the expiration of this Franchise but only if and to the extent and for so long as Franchisee is still the owner or has exclusive control over the Facilities used by a third party. 26.4 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof,or delay in taking any action in connection therewith,shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time.Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. Ordiname No. 20- Page 44 of 49 26.5 Governing Law.This Franchise shall be made in and shall be governed by and interpreted in accordance with applicable federal laws and the laws of the State of Washington. Venue for any dispute related to this Franchise shall be the United States District Court for the Western District of Washington, or King County Superior Court. 26.6 Authority. Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 26.7 Designated Contact. Franchisee shall designate a Franchise manager as a single point of contact for Franchise related questions, including but not limited to questions related to Franchise compliance, scheduling and construction. Such information shall be provided at the time of acceptance of this Franchise. Franchisee shall be responsible for updating the Franchise manager and his/her contact information if such information changes. 26.8 Notices.Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: CITY OF FEDERAL WAY New Cingular Wireless PCS, LLC Attn: Public Works Director Attn: Network Real Estate Administration 33325 8th Avenue South Site No. City of Federal Way Wireless Federal Way, WA 98003 Franchise Agreement (WA) 1025 Lenox Park Blvd NE, 3rd Floor with a copy to: Atlanta, GA 30319 CITY OF FEDERAL WAY With a copy to: Attn: City Attorney 33325 8th Avenue South New Cingular Wireless PCS, LLC Federal Way, WA 98003 Attn: AT&T Legal Dept—Network Operations Site No. City of Federal Way Wireless Franchise Agreement (WA) 208 S. Akard Street Dallas, TX 75202-4206 Ordinance No. 20- Page 45 of d9 Any notices shall be delivered personally to the addressee of the notice or sent by United States certified mail, postage prepaid, to the address set forth herein. Any notice so sent shall be deemed received three (3) business days after the date of mailing. 26.9 Captions. The respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 26.10 Remedies Cumulative.Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 26.11 Hazardous Substances. Franchisee shall not introduce or use any hazardous substances (chemical or waste),in violation of any applicable law or regulation,nor shall Franchisee allow any of its agents, contractors or any person under its control to do the same. Franchisee will be solely responsible for and will defend,indemnify and hold the City,its officers,officials,employees,agents and volunteers harmless from and against any and all claims, costs and liabilities including reasonable attorneys'fees and costs,arising out of or in connection with the cleanup or restoration of the property associated with Franchisee's use,storage,or disposal of hazardous substances,whether or not intentional, and the use, storage, or disposal of such substances by Franchisee's agents, contractors or other persons acting under Franchisee's control, intentional or not. 26.12 FAA.Franchisee acknowledges that it,and not the City, shall be responsible for the premises and equipment's compliance with all marking and lighting requirements of the FAA and the FCC. Franchisee shall indemnify and hold the City harmless from any fines or other liabilities caused by Franchisee's failure to comply with such requirements. Should Franchisee or the City be cited by either the FCC or the FAA because the Facilities or the Franchisee's equipment is not in compliance Ordinance No. 20- Page 46 of 49 and should Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may either terminate this Franchise immediately on notice to the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee's expense. Section 27. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance,or its application to any person or situation,be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 28. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 29. Ratification.Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Section 30. Effective Date. This Franchise shall take effect and be in full force five(5)days after its passage and publication, according to law(see Effective Date below). PASSED by the City Council of the City of Federal Way this day of 20 [signatures to follow] Ordinance No. 20- Page 47 of 49 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: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 20- Page 48 of 49 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this day of —. 20—, NEW CINGULAR WIRELESS PCS,LLC: By: AT&T Mobility Corporation Its: Manager By: Its: Ordinance No. 20- Page 49 of 49