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LUTC PKT 04-06-2020 City of Federal Way City Council Land Use & Transportation Committee April 6, 2020 City Hall 5:00 p.m. COVID-19/Coronavirus Notice: Per Governor Inslee's Emergency Order all in-person meetings are prohibited until further notice. Citizen comments may be submitted to COUNCIL(acityoffederalway.com up to 2 hours prior to the start of the meeting. To access live audio of this meeting please use any of the following options: • From the Zoom website or App enter meeting ID #547984629 and password: 272925; or • From your telephone dial 1-253-215-8782 or 1-888-788-0099 with the meeting code: 547 984 629; or • Via the direct link: https://zoom.us/j/547984629?pwd=S09sYlIYUVNOc2htUl]tOO5neWsrZzO9 City Council Meetings can also be viewed on Government Access Channel 21 (within city limits) or streamed on Federal Way YouTube Channel: https://www.youttube.com/c/FWYoutube. MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Action Topic Title/Description Presenter Page or Info Council Date A. Approval of Minutes: March 2, 2020 3 N/A B. SW 320th Street Preservation — 30% Design Mulkey 9 Action April 21, 2020 Status Consent C. SW 356th Street Preservation — 30% Design Mulkey 13 Action April 21, 2020 Status Consent D. 2020 Pavement Repair Project Bid Award Huynh 17 Action April 21, 2020 Consent E. Acceptance of Professional Services Contract Davis 23 Action April 21, 2020 for Housing Action Plan Consent 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be May 4, 2020 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Martin Moore,Member 1 Rebecca Kovar,Administrative Assistant II Hoang V. Tran,Member (253)835-2701 This page left blank intentionally. z City of Federal Way City Council Land Use & Transportation Committee March 2, 2020 City Hall 5:00 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Mark Koppang,Committee member Hoang Tran,and Committee member Martin Moore. Councilmembers in attendance: City Council President Susan Honda, Councilmember Lydia Assefa-Dawson and Councilmember Linda Kochmar. Staff in Attendance: Public Works Director EJ Walsh, Deputy Public Works Director Desiree Winkler, City Attorney Ryan Call, Water Quality Program Coordinator Leah Myhre, Surface Water Manager Theresa Thurlow, Capital Engineer John Cole, Senior Capital Engineer Naveen Chandra, Senior Capital Engineer Christine Mullen, Capital Engineer Jeff Huynh, Capital Engineering Manager Sarah Hamel, Planning Manager Doc Hansen, Policy Advisor Bill Vadino, and Administrative Assistant II Rebecca Kovar. 1. CALL TO ORDER: Committee Chair Koppang called the meeting to order at 5:01 p.m. 2. PUBLIC COMMENT: 5:03 pm: Ken Lyons of AT&T stated that he is here to answer questions regarding Item K. 6:30 pm: Rebecca Kovar read emailed comment from Bernedine Lund regarding Item N. 6:56 pm: Ken Blevens commented on Item 0. 7:00 pm: Anna Patrick commented on Item 0. 3. COMMITTEE BUSINESS: Topic Title/Description A. Approval of Minutes: February 3, 2020 Committee approved the February 3, 2020 LUTC minutes as presented. • Moved: Moore • Seconded: Tran • Passed: 3-0 unanimously B. Authorization to Submit 2019 NPDES Permit Annual Report Water Quality Program Coordinator Leah Myhre explained the functions, activities, and outreach covered in the Annual Report, including abating illicit discharges, maintaining and upgrading storm drains and flow facilities. She noted that the City has met all the criteria. Committee member Tran asked for clarification on how population growth might impact the permit in the future. Ms. Myrhe said that there could be more criteria if the population topped 100,000. Discussion followed regarding outreach, education, and other matters in the Annual Report. Surface Water Manager Theresa Thurlow answered questions from Council Members. Public Works Director EJ Walsh offered clarification. Committee forwarded Option #1 (Approve the 2020 Annual Report and SWMP Plan documents and authorize the Public Works Director to submit these documents to the Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Martin Moore,Member 3 Rebecca Kovar,Administrative Assistant 11 Hoang V. Tran,Member (253)835-2701 Department of Ecology by March 31, 2020 to satisfy the City's NPDES Permit obligations.)to the March 17, 2020 Council Consent Agenda for approval. • Moved: Tran • Seconded: Moore • Passed: 3-0 unanimously C. Vactor Services Contract Bid Award Surface Water Manager Theresa Thurlow provided information on the bidding process. She noted that the budget would need to be increased for this contract,as expected,and explained where the additional funds would come from. Committee forwarded Option #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.) to the March 17, 2020 Council Consent Agenda for approval. • Moved: Tran • Seconded: Moore • Passed: 3-0 unanimously D. Approval to Lease SWM Parcel to Active Construction Surface Water Manager Theresa Thurlow explained the reasons for the request and noted that the lot has been leased for similar purpose previously. Committee forwarded Option #1 (Approve the Mayor's Recommendation on the 2020 Planning Commission Work Program.) to the March 17, 2020 Consent Agenda for approval. • Moved: Moore • Seconded: Tran • Passed: 3-0 unanimously E. 2020 Asphalt Overlay Project Bid Award Capital Engineer John Cole gave a brief overview of the project and budget. Council President Susan Honda asked for clarification as to the types of work that will be done in The Ridge, where she lives. Council member Kochmar asked if this would be the only street overlay project this year and how it would be funded. Public Works Director EJ Walsh explained where the funding for the project originates. Committee forwarded Option #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 50/o 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.) to the March 17, 2020 Consent Agenda for approval. • Moved: Tran • Seconded: Moore • Passed: 3-0 unanimously F. 2020-2021 Neighborhood Traffic Safety Project Bid Award Senior Capital Engineer Naveen Chandra presented the second set of bid results and budget for the project. Council previously authorized rejecting the first set of bid results and authorized rebidding of the project. Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Martin Moore,Member 4 Rebecca Kovar,Administrative Assistant 11 Hoang V. Tran,Member (253)835-2701 Committee forwarded Option #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.) to the March 171 2020 Consent Agenda for approval. • Moved: Moore • Seconded: Tran • Passed: 3-0 unanimously G. SW Dash Point Rd &47th Ave SW Compact Roundabout- 30% Design Report Senior Capital Engineer Christine Mullen presented background and progress information on the project, which is designed to reduce collisions at the intersection. City Council President Honda asked whether local residents are aware of the project. Ms. Mullen said she will confirm. Committee forwarded Option #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.) to the March 17, 2020 Consent Agenda for approval. • Moved: Tran • Seconded: Moore • Passed: 3-0 unanimously H. Project Acceptance for Military Road South Pavement Repair Capital Engineer Jeff Huynh provided information on the requirements of the project. He noted that the project came in under budget. Committee forwarded Option #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.) to the March 17, 2020 Consent Agenda for approval. • Moved: Tran • Seconded: Moore • Passed: 3-0 unanimously I. Request To Modify the Transportation Systems Capital Improvement Plan Capital Engineering Manager Sarah Hamel explained the projects involved and the requirements and costs that informed the request to modify the plan. Committee Chair Koppang asked for clarification on the requested funds. Councilmember Kochmar asked if the proposed flagpole replacement would be covered by insurance of person who struck it. Public Works Director EJ Walsh answered that the person did have insurance and the City was seeking coverage from their insurance company. Committee forwarded Option #1 (Approve the proposed request to modify the Transportation Systems CIP) to the March 17, 2020 Consent Agenda for approval. • Moved: Moore • Seconded: Tran • Passed: 3-0 unanimously J. Authorization to Submit Transportation Grant Applications Deputy Public Works Director Desiree Winkler described the projects that might qualify for grants and the Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Martin Moore,Member 5 Rebecca Kovar,Administrative Assistant 11 Hoang V. Tran,Member (253)835-2701 time frame involved in the application process for each proposed project. She explained where matching funds would come from. Committee Member Moore asked for clarification regarding the origin of the grants. Ms.Winkler explained the grant process and origins. Councilmember Kochmar asked about how FW performed compared to other cities. Public Works Director EJ Walsh noted that availability of matching funds has helped PW succeed with grants. Council Chair Koppang asked for more information regarding which programs are best qualified to receive grants. Committee forwarded Option #1 (Authorize staff to submit the proposed grant applications for transportation projects.) to the March 17, 2020 Consent Agenda for approval. • Moved: Tran • Seconded: Moore • Passed: 3-0 unanimously K. New Cingular Wireless PCS, LLC— Franchise Ordinance Deputy Public Works Director Desiree Winkler gave background on the Ordinance requirements and expounded upon growing demand for wireless services. This franchise is similar to others currently in place. Councilmember Assefa-Dawson asked for clarification on the proposed fee income for the City. Council President Honda asked about the aesthetics of the transmitters. Committee Chair Koppang noted that the Council should consider setting standards for the attractiveness of the transmitters. Committee forwarded Option #1 (Adopt the proposed Ordinance.) to the March 17, 2020 Ordinance Agenda for approval. • Moved: Tran • Seconded: Moore • Passed: 3-0 unanimously L. Council Action on 60% Petition: Pape Annexation Planning Manager Doc Hansen gave information regarding proposed annexation, including purpose, and process through which the annexation occurs. NOTE: The first Attachment A in the Agenda Packet should be Attachment B.The Exhibits would be tied to the resolution if it were adopted. Committee forwarded Option #1 (Approve the Mayor's Recommendation on the 60 percent petition for annexation.) to the March 17, 2020 Public Hearing Agenda for approval. • Moved: Tran • Seconded: Moore • Passed: 3-0 unanimously M. Public Outreach on the Tacoma Dome Link Planning Manager Doc Hansen provided information on the public response to outreach regarding what they wanted in the areas around the transit stations. Pedestrian oriented activities were the most popular ideas, but parking was also popular. More outreach will be done, probably in April 2020, regarding what people want most. N. Updates on Aviation Noise and Health Issues Policy Advisor Bill Vadino reported on current issues with the proposed expansion of SeaTac Airport, specifically noise concerns that negatively impact Federal Way and other surrounding communities. Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Martin Moore,Member g Rebecca Kovar,Administrative Assistant 11 Hoang V. Tran,Member (253)835-2701 0. Panhandling in Federal Way Policy Advisor Bill Vadino presented information on possible initiatives to respond to the issue of panhandling in the City, including consideration of other cities'approaches. He laid out strategies and cooperation with other cities regarding education on how to redirect donations to charities that help the homeless and panhandlers. Committee Chair Koppang responded to some of the concerns brought up by citizen commenters regarding this issue and the work being done to address them. Discussion followed. 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held on April 6, 2020 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT: The meeting was adjourned at 7:49 p.m. Attest: Approved by Committee: Rebecca Kovar, Administrative Assistant II Date Committee Members City Staff Mark Koppang, Chair EJ Walsh,P.E.,Public Works Director Martin Moore,Member 7 Rebecca Kovar,Administrative Assistant 11 Hoang V. Tran,Member (253)835-2701 This page left blank intentionally. COUNCIL MEETING DATE: ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL I SUBJECT: SW320TIl ST PRESERVATION(11""'AVE SW To 3R) PL SW) ............................ POLICY QUESTION: Should the City Council authorize staff to continue to design the SW 3201h St. Preservation (11th Ave SW to 3d PI SW)project and return to LUTC and Council for bid authorization,and further reports? COMMITTEE: Land Use and Transportation MEETING DATE: April 6, 2020 ................ ....... CATEGORY: Z Consent D Ordinance M Public Hearing City ❑Council Business Resolution n Other ------------ STAFF REPORT BY: John Mulkey, P.E., Senior CjiI Engineer a DEPT: Public Works pt ................... ........... Attachments: 1. Staff Report Options Considered: 1. Authorize staff to proceed with design of the SW 320th St. Preservation (I Vh Ave SW to 3rd PI SW) project and return to LUTC and Council for bid authorization, and further reports. 2. Do not authorize staff to proceed with design of the SW 320th St. Preservation (111h Ave SW to 3'-d PI SW)project and provide direction to staff. .................................... MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the April 21, 2020 City Council consent agenda for approval. .......... MAYOR APPROVAL: DIRECTOR APPROVAL: 3� �Zv2'J Collo jalco (";;;A :!��? Initial/Date InitiaVDate Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the April 21, 2020 consent agenda ,for approval. Mark Koppang,Committee Chair Martin Moore,Committee Meniber floang"I"'ran,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the SW 32(y h St. Preservation (111h Ave SW to 3"d PI SW)project and return to LUTC and Council for bid authorization, and further reports. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: I--] APPROVED COUNCIL BILL# El DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-2/2020 RESOLUTION# 9 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor /J FROM: EJ Walsh,P.E., Public Works Director John Mulkey,P.E., Senior Capital Engineer SUBJECT: SW 320t` Street Preservation Project 30%Design Status Report Financial Impacts: The cost to the City for the SW 320a' Street Preservation Project was included within the approved budget under the Public Works Capital Project #214. In accordance with the approved budget, this item is funded MVET funds. While construction funding was not awarded during the most recent grant cycle,staff requested permission to design this project in anticipation that construction award might be granted from the contingency list. If construction is not awarded off the contingency list, staff requested permission to apply for construction funds in the upcoming grant cycle. Upon completion of the SW 320th Street Preservation Project,no other costs are anticipated. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: The SW 320' 'Street Preservation(11t1i Ave SW to 3`d PI SW)project was approved for design at the March 17, 2020 Council to make this project construction ready to take advantage of possible grant opportunities this summer. The following provides a brief synopsis of the progress on the project to date. Currently,the project design is approximately 30%complete,which includes the following completed tasks: • Project Design to 30% Ongoing Tasks Include: • Preliminary Contract Specifications • Project Design to 85% • Environmental Document approval PROJECT ESTIMATED EXPENDITURES: Design(by City stafji $49,000 2021 Construction Cost $788,000 10%Construction Contingency $79,000 Construction Management (by City stafji $62,000 TOTAL PROJECT COSTS $978,000 Rev.7/18 10 AVAILABLE FUNDING: Federal Grant $577,000 City Funds (Motor Vehicle Fuel Tax) $401,000(FY 2021) TOTAL AVAILABLE ---------------------------------------------BUDGET................. WWW $978,000.......-..................... FUNDING SUMMARY: As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85%design completion status report for further action.. Staff anticipates bidding this project in the fall of 2020 with S" 356"'Street as a tied bid unless we are not able to get funding for this project, in which case this project will be shelved until funds become available. Construction is anticipated to commence in the spring of 2021, with an estimated substantial completion date in October 2021. Rev.7/18 This page left blank intentionally. 12 COUNCIL MEETING DATE: April 21,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SW 356TH ST PRESERVATION(15TH AVE SW TO 4TH PL SW) POLICY QUESTION: Should the City Council authorize staff to continue to design the SW 356th St.Preservation (15`h Ave SW to 4"'PI SW)project and return to LUTC and Council for bid authorization, and further reports? COMMITTEE: Land Use and Transportation MEETING DATE: April 6,2020 CATEGORY: ® Consent F1 Ordinance ❑ Public Hearing ❑ City Council Business_____.............................................................El............Resolution ................. ...... .............. ...............❑......... Other STAFF REPORT BY: John Mulk� P E ,Senior Ca it<Il. LnTlnc rDEPT Public Works Attachments: 1. Staff Report Options Considered: 1. Authorize staff to proceed with design of the SW 356th St. Preservation (15`h Ave SW to 4th PI SW) project and return to LUTC and Council for bid authorization, and further reports. 2. Do not authorize staff to proceed with design of the SW 356th St. Preservation (15th Ave SW to 4th PI SW)project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 21,2020 City Council consent agenda for approval. MAYOR APPROVAL: �„.. , DIRECTOR APPROVAL: �W)202� * rn� �tteae "t InitiaMate SniAiadillta � intluaiYtte COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 21, 2020 consent agenda for approval. Mark Ko an ,Committee Chair MartinµMoore,Committee Member Hoang Hoang Tran,Committee Memberm mµ PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the SW 356"' St. Preservation (I5"' Ave SW to 4`i' Pl SW)project and return to LUTC and Council for bid authorization, and further reports." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) IT mmm ITIT ....„mm ITIT 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# 13 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh,P.E.,Public Works Director John Mulkey,P.E., Senior Capital Engineer SUBJECT: SW 356 ' Street Preservation Project 30% Design Status Report Financial Impacts: The cost to the City for the SW 356 ' Street Preservation Project was included within the approved budget under the Public Works Capital Project #215. In accordance with the approved budget, this item is funded by a grant from FHWA in the amount of$810,000.00 and the remainder from REET and MVET funds. Upon completion of the SW 356 ' Street Preservation Project,no other costs are anticipated. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: Under the 2019 National Highway System(NHS)Asset Management(Federal Funds)Competition the City was awarded Grant funding for the overlay and ADA retrofit of SW 3561h Street(15th Ave SW to 4th Pl. SW). The following provides a brief synopsis of the progress on the project to date. Currently,the project design is approximately 30%complete,which includes the following completed tasks: • Topographic Survey • Project Design to 30% Ongoing Tasks Include: • Preliminary Contract Specifications • Project Design to 85% • Environmental Document approval PROJECT ESTIMATED EXPENDITURES: Design(by City stafji $100,000 2021 Construction Cost $1,190,000 10%Construction Contingency $119,000 Construction Management(by City stafji $60,800 TOTAL PROJECT COSTS $1,469,800 Rev.7/18 14 AVAILABLE FUNDING: FHWA. Grant(Federal) $810,000 MVET Funds (Motor Vehicle Excise Tax) $500,000 REET Funds (Real Estate Excise Tax) $74,000 TOTAL AVAILABLE BUDGET $193849000 FUNDING SUMMARY: Total Project Costs $1,469,800 Total Available Funding $1,384,000 _v PROJECT BUDGET SHORTFALL $85,800 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85%design completion status report for further action. Staff anticipates bidding this project in the fall of 2020 with SW 320`h Street as a tied bid unless we are not able to get funding for that project, in which case this project will be bid independently in the winter of 2021. Construction is anticipated to commence in the spring of 2021, with an estimated substantial completion date in October 2021. Rev.7/18 15 This page left blank intentionally. 16 COUNCIL MEETING DATE: April 21,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2020 PAVEMENT REPAIR PROJECT BID AWARD POLICY QUESTION: Should City Council award the 2020 Pavement Repair Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6,2020 CATEGORY: ..............�_ _ .... ... ® Consent ❑ Ordinance [ Public Hearing ❑ City Council Business ❑ Resolution El Other S ... -.......... ..................... ..... ..... ........ ........... ......_ TAFF REPORT BY: Jeff Huynh, Capital En sneerer DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated April 6, 2020. Options Considered: 1. Award the 2020 Pavement Repair Project to Pavement Maintenance of Washington, LLC,the lowest responsive, responsible bidder, in the amount of $151,556.00 and approve a 5% contingency of$7,578 for a total of$159,134 and authorize the Mayor to execute the contract. 2. Reject all bids for the 2020 Pavement Repair Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the April 21, 2020 Council Consent Agenda for approval. ....... � DIRECTOR APPROVAL: �3Q�ZaZ 'Carni tRee arsta1 it InitlaMate MAYOR APPROVAL: ....... InitiaMate initlaMate COMMITTEE RECOMMENDATION: "I move to forward Option I to the April 21, 2020 consent agenda for approval." Mark Koppang, Committee Chair Mart in Moore Committee Ho�ang Tran, Committee Member Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award all schedules of the 2020 Pavement Repair Project to Pavement Maintenance of Washington, LLC, the lowest responsive, responsible bidder, in the amount of$151,556 and approve a 5%contingency of$7,578 for a total of$159,134 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—11/2019 RESOLUTION# 17 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2020 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jeff Huynh, Capital Engineer SUBJECT: 2020 Pavement Repair Project—Bid Award Financial Impacts: The cost to the City for 2020 Pavement Repair Project was included within the approved budget under the 101 Street Fund for street maintenance. In accordance with the approved budget,the Fund's major sources of revenue are motor vehicle fuel tax,charges for services, interest earnings, and transfers-in from the General Fund. There are no impacts to future operations and maintenance funding as this is repair of existing infrastructure. Background Informnation: Each year the Public Works Department completes pavement patching and crack sealing as part of its regular maintenance. This work is typically done through a combination of contracts and in-house labor. Many times the work is included as a separate bid schedule within the asphalt overlay program. Solicitations were sent to 34 contractors on the MRSC Small Works Roster in the category of Roadway Construction, Repair, and Maintenance and Sub-Category: Asphalt Pavement Minor Repairs. Three bids was received and opened on March 25, 2020 for the 2020 Pavement Repair project. The lowest responsive, responsible bidder is Pavement Maintenance of Washington, LLC, with a total bid of$151,556.00. AVAILABLE FUNDING: 101 Street Fund $190,000.00 Total Available Fundingmmmmmmmm _......__— $190,000.00 PROJECT ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project costs based on the low bid: Rev.7/18 18 2020 Pavement Repair Project $151,556 Construction Contingency $7,578 Total Project Cosw is $159,134 Staff recommends awarding the 2020 Pavement Repair Project to Pavement Maintenance of Washington,LLC,the lowest responsive,responsible bidder,in the amount of$151,556 and approve a contingency of$7,578 for a total of$159,334 and authorize the Mayor to execute the contract. 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COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6,2020 CATEGORY: Consent Ordinance ❑ Public Hearing ❑ City Council Business El Resolution 0 Other -------------.... ............................ STAFF REPORT BY: Robert "Doc" Hansen,Planning Manager DEPT: Community Development Attachments: 1. Staff Report. 2. Professional Services Agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. ................... MAYOR'S RECOMMENDATION: Option 1. 17.............................. MAYOR APPROVAL: DIRECTOR APPROVAL: Initial/Date Initis l/Date 4e� filifialWAIC COMMITTEE RECOMMENDATION: "I move to,forward the proposed Agreement to the April 21, 2020, consent agenda for approval. Council Member Mark Koppang Council Member Martin Moore Council Member Hoang Tran Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of'the proposed Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS 0 ........................................................................... COUNCIL ACTION: 11 APPROVED COUNCIL BILL# 11 DENIED First reading 11 TABLED/DEFERRED/NO ACTION Enactment reading 11 MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-4/2019 RESOLUTION# 23 40k CITY OF Federal Way LAND USE AND TRANSPORTATION COMMITTEE STAFF REPORT DATE: April 6,2020 TO: LUTC Chair,Mark Koppang FROM: Brian Davis, Community Development Director Robert"Doc"Hansen, Planning Manager SUBJECT' Request for Approval of a Professional Services Agreement(PSA)to BERK Consulting for a Housing Action Plan I. FINANCIAL OBLIGATION Adopting the proposed Professional Services Agreement will present no additional financial obligation to the city outside the employee time necessary to administrate the agreement. Monies have been allocated by the Washington State Department of Commerce to provide this service. II. BACKGROUND In the 2019 state legislative session, the Senate and House of Representatives passed a bill authorizing the state's Department of Commerce to distribute five million dollars($5,000,000)to cities in the state planning under the Growth Management Plan to develop and adopt various land use actions, or a Housing Action Plan designed to aid in development of policies and regulations intended to allow and encourage development to meet identified housing needs. The City applied for monies to develop a proposed Housing Action Plan and the Department of Commerce awarded$100,000 to the City of Federal Way to develop a Housing Action Plan.The plan will be part of a model for determining regional housing need and distribution. The City Council, on November 19, 2019, accepted the monies offered by the Department of Commerce to perform these tasks. The City is responsible for reviewing and updating its current comprehensive plan in 2023. One of the elements of the comprehensive plan required by the Growth Management Act includes a Housing Element.The activities and policies adopted by this effort can, and will,be used to develop this required element and determine methods designed to meet the housing needs for the City of Federal Way. ......... . ........ __.._ ..... ...................... Land Use and Transportation Committee April 6,2020 Request for Approval of a PSA for a Housing Action Plan Page 1 of 2 24 III. REQUEST The Mayor requests that$80,000 of the granted$100,000 be allocated to the development of a Housing Action Plan for the City of Federal Way, and to enter into agreement with BERK Consulting,Inc. to aid the development of such a plan. After extensive review of numerous consultants responding to the City's Request for Proposal to complete a housing action plan, it was determined that BERK Consulting would provide services most appropriate to the needs of Federal Way. The company's proposal will provide a strong community/stakeholder participation within its scope of work, insuring that various interest groups dedicated to providing housing are considered in the plan's development. The Scope of Work includes: • Developing and conducting a stakeholder involvement program to gather community input and preferences, which includes input from various groups involved in providing and serving housing within the City. • Evaluating City data needs, collecting data, and providing a technical memo/ report to the City and stakeholders. • Providing analysis of existing and projected housing needs by various types and affordability. • Review existing policy/regulation analysis and providing suggested changes/ strategies in the effort to encourage/allow needed housing. • A Draft Housing Action Plan for presentation to citizens, stakeholders,and the Council for adoption. The Mayor recommends acceptance of the Scope of Work and contract to BERK Consulting to develop and contribute toward adoption of a Housing Action Plan for the City of Federal Way. Attachment A: Proposed Contract and Scope of Work for BERK Consulting to Complete the Federal Way Housing Action Plan . ................................................................................................................................................................................................................................................................................. Land Use an TransportationCommi ... April 6,2020 Request for Approval of a PSA for a Housing Action Plan Page 2 of 2 25 CITY OF CITY HALL 11111111111014 33325 8th Avenue South Federal Way Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway corn PROFESSIONAL SERVICES AGREEMENT FOR DEVELOPING A CITY OF FEDERAL WAY HOUSING ACTION PLAN This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and BERK Consulting, Inc., a Washington corporation ("Contractor"). The City and Contractor (together"Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: BERK CONSULTING,INC. CITY OF FEDERAL WAY: Lisa Grueter,Principal in Charge Robert"Doc"Hansen 2200 Sixth Avenue, Suite 1000 33325 81"Avenue South Seattle, WA 98121 Federal Way,WA 98003-6325 206-324-8760 253- 835-2643 Lisa(&k Robert.hansen(;cityoffederalway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than June 30, 2021 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality, or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. 4.2 Method of'Pa rng1j . On a monthly basis,the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon Professional Services Agreement - 1 26 Rev.3/2017 CITYOF CITY HALL 33325 Sth avenue South Federal Way Federal Way WA 95003-6325 (253) 335-7000 Vv cityoffederalway com completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty(30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Pign-Al ri trarl cel ..Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indcrm nific t ual. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers,attorneys,and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Wime"r. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1.MinimumITLimits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: Professional Services Agreement .227 Rev.3/2017 CITY OF C�TY MALL 33325 8th Avenue South IIS Feeral Way Federal Way, WA 98003-6325 (253) 835-7000 inrvv�v.c ityoffederc3hvc.)y.a�otxi a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. c. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles with a minimum combined single limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than$1,000,000 per claim and$2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2 ol it O . I igbfl t . Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3.Additional Insured Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are"claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival.The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications,records, files, computer disks,magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick Professional Services Agreement -328 Rev.3/2017 Iry OF CITY HALL 33325 8th Avenue South Federal Way Federal Way. WA 98003-6325 (253) 835-7000 www citY offederaY ah com leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONS L,IC'I'OIC INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL AL OPPOR"L"UNI'I'Y EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply,but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 h,1-ea,p etation ailed..........Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assi ri ent and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. Professional Services Agreement -429 Rev.3/2017 CITY OF CITY HALL 4*� Federa�l Way 33325 8th Avenue South Federal Way, WA 98003-6325 40 =000 (253) 835-7000 www cityoffederalway com 13.3 Cqn1i.ance witli Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] Professional Services Agreement -530 Rev.3/2017 CITE' OF CITY HALL 33325 8th Avenue South A% Federal Way, WA 98003-6325 Federal, Way (253) 835-7000 w"vw cityoffederalway.con) IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: ........................................ J. Ryan Call, City Attorney BERK CONSULTING, INC.: By: Lisa Gructer, Principal in Charge DATE: STATE OF WASHINGTON ) ) Ss. COUNTY OF On this day personally appeared before me Lisa Grueter, to me known to be the Principal in Charge of BERK Consultants, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 2020. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission Professional Services Agreement -01 Rev.3/2017 CITY CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederatvi,��ycom SERVICES 1. The Contractor shall develop a Housing Action Plan (HAP) for the City of Federal Way meeting the criteria established by the Department of Commerce including: a. Designing and conducting a public participation program designed to obtain input from community members, community groups, local builders, local realtors, nonprofit housing advocates, and local religious groups (stakeholders); Deliverable: Report on the outcome of a conducted comprehensive participation effort. b. Quantify existing and projected housing needs for all income levels, including extremely low-income households, with documentation of housing and household characteristics, and cost-burdened households; c. Analyze population and employment trends, with documentation of projections; Deliverable: City economic and housing needs analysis providing evaluation of existing and projected housing needs within the City of Federal Way. d. Review and evaluate the current housing element of the comprehensive plan policies adopted pursuant to RCW 36.70A.070, including an evaluation of success in achieving existing goals and policies; e. Review and evaluate the current Federal Way Revised Code (FWRC), Title 19 as to its performance in encouraging development of housing consistent with housing need. Deliverable: Report evaluating existing housing policies and regulations, and that exist in the City of Federal Way. f. Develop strategies to increase the supply of housing, and variety of housing types, needed to serve the housing needs identified from obtained public, data, and policy/regulation analyses; g. Consider strategies to minimize displacement of low-income residents resulting from redevelopment; Deliverable: Memorandum outlining researched strategies which may address identified housing need. h. Prepare a draft Housing Action Plan for stakeholder and Planning Commission review; the Plan will include summaries of public engagement, housing needs assessment, demand analysis, policy evaluation and proposed housing strategies, and changes in plan and regulations; and i. Adjust the Plan as determined necessary from activity in item (h) above. Deliverable: A final Housing Action Plan for consideration of adopt by the City Council. Professional Services Agreement .7 32 Rev.3/2017 CITE" OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 �mw ciryoffederalvxay coin EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Eighty Thousand Dollars and 0/100 Dollars ($80,000.00). 2. Method of Compensation: Hourly Rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Professional Hourly Rate Kevin Ramsey, Project Manager $185 Kristin Maidt, Deputy Project Manager $160 Lisa Grueter, Principal in Charge $225 Dawn Couch, Facilitator and Analyst $160 Bob Bengford, Urban Designer $215 Rachael Miller, Planner &Engagement Support $140 Reimbursable Expenses The actual customary and incidental expenses incurred by Contractor in performing the Services, including expenses and incidental costs and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion. Changes to Compensation Any changes to the compensation or personnel schedule must be approved by the City through an amendment of this PSA. Professional Services Agreement -8 33 Rev.3/2017 COUNCIL MEETING DATE: ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL I SUBJECT: SW320TIl ST PRESERVATION(11""'AVE SW To 3R) PL SW) ............................ POLICY QUESTION: Should the City Council authorize staff to continue to design the SW 3201h St. Preservation (11th Ave SW to 3d PI SW)project and return to LUTC and Council for bid authorization,and further reports? COMMITTEE: Land Use and Transportation MEETING DATE: April 6, 2020 ................ ....... CATEGORY: Z Consent D Ordinance M Public Hearing City ❑Council Business Resolution n Other ------------ STAFF REPORT BY: John Mulkey, P.E., Senior CjiI Engineer a DEPT: Public Works pt ................... ........... Attachments: 1. Staff Report Options Considered: 1. Authorize staff to proceed with design of the SW 320th St. Preservation (I Vh Ave SW to 3rd PI SW) project and return to LUTC and Council for bid authorization, and further reports. 2. Do not authorize staff to proceed with design of the SW 320th St. Preservation (111h Ave SW to 3'-d PI SW)project and provide direction to staff. .................................... MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the April 21, 2020 City Council consent agenda for approval. .......... MAYOR APPROVAL: DIRECTOR APPROVAL: 3� �Zv2'J Collo jalco (";;;A :!��? Initial/Date InitiaVDate Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the April 21, 2020 consent agenda ,for approval. Mark Koppang,Committee Chair Martin Moore,Committee Meniber floang"I"'ran,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the SW 32(y h St. Preservation (111h Ave SW to 3"d PI SW)project and return to LUTC and Council for bid authorization, and further reports. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: I--] APPROVED COUNCIL BILL# El DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-2/2020 RESOLUTION# 34 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor /J FROM: EJ Walsh,P.E., Public Works Director John Mulkey,P.E., Senior Capital Engineer SUBJECT: SW 320t` Street Preservation Project 30%Design Status Report Financial Impacts: The cost to the City for the SW 320a' Street Preservation Project was included within the approved budget under the Public Works Capital Project #214. In accordance with the approved budget, this item is funded MVET funds. While construction funding was not awarded during the most recent grant cycle,staff requested permission to design this project in anticipation that construction award might be granted from the contingency list. If construction is not awarded off the contingency list, staff requested permission to apply for construction funds in the upcoming grant cycle. Upon completion of the SW 320th Street Preservation Project,no other costs are anticipated. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: The SW 320' 'Street Preservation(11t1i Ave SW to 3`d PI SW)project was approved for design at the March 17, 2020 Council to make this project construction ready to take advantage of possible grant opportunities this summer. The following provides a brief synopsis of the progress on the project to date. Currently,the project design is approximately 30%complete,which includes the following completed tasks: • Project Design to 30% Ongoing Tasks Include: • Preliminary Contract Specifications • Project Design to 85% • Environmental Document approval PROJECT ESTIMATED EXPENDITURES: Design(by City stafji $49,000 2021 Construction Cost $788,000 10%Construction Contingency $79,000 Construction Management (by City stafji $62,000 TOTAL PROJECT COSTS $978,000 Rev.7/18 35 AVAILABLE FUNDING: Federal Grant $577,000 City Funds (Motor Vehicle Fuel Tax) $401,000(FY 2021) TOTAL AVAILABLE ---------------------------------------------BUDGET................. WWW $978,000.......-..................... FUNDING SUMMARY: As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85%design completion status report for further action.. Staff anticipates bidding this project in the fall of 2020 with S" 356"'Street as a tied bid unless we are not able to get funding for this project, in which case this project will be shelved until funds become available. Construction is anticipated to commence in the spring of 2021, with an estimated substantial completion date in October 2021. Rev.7/18 36 COUNCIL MEETING DATE: April 21,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SW 356TH ST PRESERVATION(15TH AVE SW TO 4TH PL SW) POLICY QUESTION: Should the City Council authorize staff to continue to design the SW 356th St.Preservation (15`h Ave SW to 4"'PI SW)project and return to LUTC and Council for bid authorization, and further reports? COMMITTEE: Land Use and Transportation MEETING DATE: April 6,2020 CATEGORY: ® Consent F1 Ordinance ❑ Public Hearing ❑ City Council Business_____.............................................................El............Resolution ................. ...... .............. ...............❑......... Other STAFF REPORT BY: John Mulk� P E ,Senior Ca it<Il. LnTlnc rDEPT Public Works Attachments: 1. Staff Report Options Considered: 1. Authorize staff to proceed with design of the SW 356th St. Preservation (15`h Ave SW to 4th PI SW) project and return to LUTC and Council for bid authorization, and further reports. 2. Do not authorize staff to proceed with design of the SW 356th St. Preservation (15th Ave SW to 4th PI SW)project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 21,2020 City Council consent agenda for approval. MAYOR APPROVAL: �„.. , DIRECTOR APPROVAL: �W)202� * rn� �tteae "t InitiaMate SniAiadillta � intluaiYtte COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 21, 2020 consent agenda for approval. Mark Ko an ,Committee Chair MartinµMoore,Committee Member Hoang Hoang Tran,Committee Memberm mµ PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the SW 356"' St. Preservation (I5"' Ave SW to 4`i' Pl SW)project and return to LUTC and Council for bid authorization, and further reports." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) IT mmm ITIT ....„mm ITIT 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# 37 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh,P.E.,Public Works Director John Mulkey,P.E., Senior Capital Engineer SUBJECT: SW 356 ' Street Preservation Project 30% Design Status Report Financial Impacts: The cost to the City for the SW 356 ' Street Preservation Project was included within the approved budget under the Public Works Capital Project #215. In accordance with the approved budget, this item is funded by a grant from FHWA in the amount of$810,000.00 and the remainder from REET and MVET funds. Upon completion of the SW 356 ' Street Preservation Project,no other costs are anticipated. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: Under the 2019 National Highway System(NHS)Asset Management(Federal Funds)Competition the City was awarded Grant funding for the overlay and ADA retrofit of SW 3561h Street(15th Ave SW to 4th Pl. SW). The following provides a brief synopsis of the progress on the project to date. Currently,the project design is approximately 30%complete,which includes the following completed tasks: • Topographic Survey • Project Design to 30% Ongoing Tasks Include: • Preliminary Contract Specifications • Project Design to 85% • Environmental Document approval PROJECT ESTIMATED EXPENDITURES: Design(by City stafji $100,000 2021 Construction Cost $1,190,000 10%Construction Contingency $119,000 Construction Management(by City stafji $60,800 TOTAL PROJECT COSTS $1,469,800 Rev.7/18 38 AVAILABLE FUNDING: FHWA. Grant(Federal) $810,000 MVET Funds (Motor Vehicle Excise Tax) $500,000 REET Funds (Real Estate Excise Tax) $74,000 TOTAL AVAILABLE BUDGET $193849000 FUNDING SUMMARY: Total Project Costs $1,469,800 Total Available Funding $1,384,000 _v PROJECT BUDGET SHORTFALL $85,800 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85%design completion status report for further action. Staff anticipates bidding this project in the fall of 2020 with SW 320`h Street as a tied bid unless we are not able to get funding for that project, in which case this project will be bid independently in the winter of 2021. Construction is anticipated to commence in the spring of 2021, with an estimated substantial completion date in October 2021. Rev.7/18 39 COUNCIL MEETING DATE: April 21,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2020 PAVEMENT REPAIR PROJECT BID AWARD POLICY QUESTION: Should City Council award the 2020 Pavement Repair Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6,2020 CATEGORY: ..............�_ _ .... ... ® Consent ❑ Ordinance [ Public Hearing ❑ City Council Business ❑ Resolution El Other S ... -.......... ..................... ..... ..... ........ ........... ......_ TAFF REPORT BY: Jeff Huynh, Capital En sneerer DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated April 6, 2020. Options Considered: 1. Award the 2020 Pavement Repair Project to Pavement Maintenance of Washington, LLC,the lowest responsive, responsible bidder, in the amount of $151,556.00 and approve a 5% contingency of$7,578 for a total of$159,134 and authorize the Mayor to execute the contract. 2. Reject all bids for the 2020 Pavement Repair Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the April 21, 2020 Council Consent Agenda for approval. ....... � DIRECTOR APPROVAL: �3Q�ZaZ 'Carni tRee arsta1 it InitlaMate MAYOR APPROVAL: ....... InitiaMate initlaMate COMMITTEE RECOMMENDATION: "I move to forward Option I to the April 21, 2020 consent agenda for approval." Mark Koppang, Committee Chair Mart in Moore Committee Ho�ang Tran, Committee Member Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award all schedules of the 2020 Pavement Repair Project to Pavement Maintenance of Washington, LLC, the lowest responsive, responsible bidder, in the amount of$151,556 and approve a 5%contingency of$7,578 for a total of$159,134 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—11/2019 RESOLUTION# 40 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2020 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jeff Huynh, Capital Engineer SUBJECT: 2020 Pavement Repair Project—Bid Award Financial Impacts: The cost to the City for 2020 Pavement Repair Project was included within the approved budget under the 101 Street Fund for street maintenance. In accordance with the approved budget,the Fund's major sources of revenue are motor vehicle fuel tax,charges for services, interest earnings, and transfers-in from the General Fund. There are no impacts to future operations and maintenance funding as this is repair of existing infrastructure. Background Informnation: Each year the Public Works Department completes pavement patching and crack sealing as part of its regular maintenance. This work is typically done through a combination of contracts and in-house labor. Many times the work is included as a separate bid schedule within the asphalt overlay program. Solicitations were sent to 34 contractors on the MRSC Small Works Roster in the category of Roadway Construction, Repair, and Maintenance and Sub-Category: Asphalt Pavement Minor Repairs. Three bids was received and opened on March 25, 2020 for the 2020 Pavement Repair project. The lowest responsive, responsible bidder is Pavement Maintenance of Washington, LLC, with a total bid of$151,556.00. AVAILABLE FUNDING: 101 Street Fund $190,000.00 Total Available Fundingmmmmmmmm _......__— $190,000.00 PROJECT ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project costs based on the low bid: Rev.7/18 41 2020 Pavement Repair Project $151,556 Construction Contingency $7,578 Total Project Cosw is $159,134 Staff recommends awarding the 2020 Pavement Repair Project to Pavement Maintenance of Washington,LLC,the lowest responsive,responsible bidder,in the amount of$151,556 and approve a contingency of$7,578 for a total of$159,334 and authorize the Mayor to execute the contract. Rev.7/18 42 ............ ------------------------------------------------------------------------------------------------------------........................... ... ... Im 0,04F City of Federal Way Fe 0 P,C... feral Way & Vicinity W- ................. Pu�,Ycl Sound "e N frt M7 �dREDULE A 28THAVES I[96REDULE C - p.a ----- --- MILITARY RD S ......... ............ 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COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6,2020 CATEGORY: Consent Ordinance ❑ Public Hearing ❑ City Council Business El Resolution 0 Other -------------.... ............................ STAFF REPORT BY: Robert "Doc" Hansen,Planning Manager DEPT: Community Development Attachments: 1. Staff Report. 2. Professional Services Agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. ................... MAYOR'S RECOMMENDATION: Option 1. 17.............................. MAYOR APPROVAL: DIRECTOR APPROVAL: Initial/Date Initis l/Date 4e� filifialWAIC COMMITTEE RECOMMENDATION: "I move to,forward the proposed Agreement to the April 21, 2020, consent agenda for approval. Council Member Mark Koppang Council Member Martin Moore Council Member Hoang Tran Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of'the proposed Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS 0 ........................................................................... COUNCIL ACTION: 11 APPROVED COUNCIL BILL# 11 DENIED First reading 11 TABLED/DEFERRED/NO ACTION Enactment reading 11 MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-4/2019 RESOLUTION# 45 40k CITY OF Federal Way LAND USE AND TRANSPORTATION COMMITTEE STAFF REPORT DATE: April 6,2020 TO: LUTC Chair,Mark Koppang FROM: Brian Davis, Community Development Director Robert"Doc"Hansen, Planning Manager SUBJECT' Request for Approval of a Professional Services Agreement(PSA)to BERK Consulting for a Housing Action Plan I. FINANCIAL OBLIGATION Adopting the proposed Professional Services Agreement will present no additional financial obligation to the city outside the employee time necessary to administrate the agreement. Monies have been allocated by the Washington State Department of Commerce to provide this service. II. BACKGROUND In the 2019 state legislative session, the Senate and House of Representatives passed a bill authorizing the state's Department of Commerce to distribute five million dollars($5,000,000)to cities in the state planning under the Growth Management Plan to develop and adopt various land use actions, or a Housing Action Plan designed to aid in development of policies and regulations intended to allow and encourage development to meet identified housing needs. The City applied for monies to develop a proposed Housing Action Plan and the Department of Commerce awarded$100,000 to the City of Federal Way to develop a Housing Action Plan.The plan will be part of a model for determining regional housing need and distribution. The City Council, on November 19, 2019, accepted the monies offered by the Department of Commerce to perform these tasks. The City is responsible for reviewing and updating its current comprehensive plan in 2023. One of the elements of the comprehensive plan required by the Growth Management Act includes a Housing Element.The activities and policies adopted by this effort can, and will,be used to develop this required element and determine methods designed to meet the housing needs for the City of Federal Way. ......... . ........ __.._ ..... ...................... Land Use and Transportation Committee April 6,2020 Request for Approval of a PSA for a Housing Action Plan Page 1 of 2 46 III. REQUEST The Mayor requests that$80,000 of the granted$100,000 be allocated to the development of a Housing Action Plan for the City of Federal Way, and to enter into agreement with BERK Consulting,Inc. to aid the development of such a plan. After extensive review of numerous consultants responding to the City's Request for Proposal to complete a housing action plan, it was determined that BERK Consulting would provide services most appropriate to the needs of Federal Way. The company's proposal will provide a strong community/stakeholder participation within its scope of work, insuring that various interest groups dedicated to providing housing are considered in the plan's development. The Scope of Work includes: • Developing and conducting a stakeholder involvement program to gather community input and preferences, which includes input from various groups involved in providing and serving housing within the City. • Evaluating City data needs, collecting data, and providing a technical memo/ report to the City and stakeholders. • Providing analysis of existing and projected housing needs by various types and affordability. • Review existing policy/regulation analysis and providing suggested changes/ strategies in the effort to encourage/allow needed housing. • A Draft Housing Action Plan for presentation to citizens, stakeholders,and the Council for adoption. The Mayor recommends acceptance of the Scope of Work and contract to BERK Consulting to develop and contribute toward adoption of a Housing Action Plan for the City of Federal Way. Attachment A: Proposed Contract and Scope of Work for BERK Consulting to Complete the Federal Way Housing Action Plan . ................................................................................................................................................................................................................................................................................. Land Use an TransportationCommi ... April 6,2020 Request for Approval of a PSA for a Housing Action Plan Page 2 of 2 47 CITY OF CITY HALL 11111111111014 33325 8th Avenue South Federal Way Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway corn PROFESSIONAL SERVICES AGREEMENT FOR DEVELOPING A CITY OF FEDERAL WAY HOUSING ACTION PLAN This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and BERK Consulting, Inc., a Washington corporation ("Contractor"). The City and Contractor (together"Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: BERK CONSULTING,INC. CITY OF FEDERAL WAY: Lisa Grueter,Principal in Charge Robert"Doc"Hansen 2200 Sixth Avenue, Suite 1000 33325 81"Avenue South Seattle, WA 98121 Federal Way,WA 98003-6325 206-324-8760 253- 835-2643 Lisa(&k Robert.hansen(;cityoffederalway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than June 30, 2021 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality, or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. 4.2 Method of'Pa rng1j . On a monthly basis,the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon Professional Services Agreement - 1 48 Rev.3/2017 CITYOF CITY HALL 33325 Sth avenue South Federal Way Federal Way WA 95003-6325 (253) 335-7000 Vv cityoffederalway com completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty(30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Pign-Al ri trarl cel ..Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indcrm nific t ual. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers,attorneys,and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Wime"r. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1.MinimumITLimits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: Professional Services Agreement .249 Rev.3/2017 CITY OF C�TY MALL 33325 8th Avenue South IIS Feeral Way Federal Way, WA 98003-6325 (253) 835-7000 inrvv�v.c ityoffederc3hvc.)y.a�otxi a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. c. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles with a minimum combined single limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than$1,000,000 per claim and$2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2 ol it O . I igbfl t . Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3.Additional Insured Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are"claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival.The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications,records, files, computer disks,magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick Professional Services Agreement -350 Rev.3/2017 Iry OF CITY HALL 33325 8th Avenue South Federal Way Federal Way. WA 98003-6325 (253) 835-7000 www citY offederaY ah com leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONS L,IC'I'OIC INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL AL OPPOR"L"UNI'I'Y EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply,but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 h,1-ea,p etation ailed..........Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assi ri ent and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. Professional Services Agreement -451 Rev.3/2017 CITY OF CITY HALL 4*� Federa�l Way 33325 8th Avenue South Federal Way, WA 98003-6325 40 =000 (253) 835-7000 www cityoffederalway com 13.3 Cqn1i.ance witli Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] Professional Services Agreement -552 Rev.3/2017 CITE' OF CITY HALL 33325 8th Avenue South A% Federal Way, WA 98003-6325 Federal, Way (253) 835-7000 w"vw cityoffederalway.con) IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: ........................................ J. Ryan Call, City Attorney BERK CONSULTING, INC.: By: Lisa Gructer, Principal in Charge DATE: STATE OF WASHINGTON ) ) Ss. COUNTY OF On this day personally appeared before me Lisa Grueter, to me known to be the Principal in Charge of BERK Consultants, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 2020. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission Professional Services Agreement -03 Rev.3/2017 CITY CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederatvi,��ycom SERVICES 1. The Contractor shall develop a Housing Action Plan (HAP) for the City of Federal Way meeting the criteria established by the Department of Commerce including: a. Designing and conducting a public participation program designed to obtain input from community members, community groups, local builders, local realtors, nonprofit housing advocates, and local religious groups (stakeholders); Deliverable: Report on the outcome of a conducted comprehensive participation effort. b. Quantify existing and projected housing needs for all income levels, including extremely low-income households, with documentation of housing and household characteristics, and cost-burdened households; c. Analyze population and employment trends, with documentation of projections; Deliverable: City economic and housing needs analysis providing evaluation of existing and projected housing needs within the City of Federal Way. d. Review and evaluate the current housing element of the comprehensive plan policies adopted pursuant to RCW 36.70A.070, including an evaluation of success in achieving existing goals and policies; e. Review and evaluate the current Federal Way Revised Code (FWRC), Title 19 as to its performance in encouraging development of housing consistent with housing need. Deliverable: Report evaluating existing housing policies and regulations, and that exist in the City of Federal Way. f. Develop strategies to increase the supply of housing, and variety of housing types, needed to serve the housing needs identified from obtained public, data, and policy/regulation analyses; g. Consider strategies to minimize displacement of low-income residents resulting from redevelopment; Deliverable: Memorandum outlining researched strategies which may address identified housing need. h. Prepare a draft Housing Action Plan for stakeholder and Planning Commission review; the Plan will include summaries of public engagement, housing needs assessment, demand analysis, policy evaluation and proposed housing strategies, and changes in plan and regulations; and i. Adjust the Plan as determined necessary from activity in item (h) above. Deliverable: A final Housing Action Plan for consideration of adopt by the City Council. Professional Services Agreement .7 54 Rev.3/2017 CITE" OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 �mw ciryoffederalvxay coin EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Eighty Thousand Dollars and 0/100 Dollars ($80,000.00). 2. Method of Compensation: Hourly Rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Professional Hourly Rate Kevin Ramsey, Project Manager $185 Kristin Maidt, Deputy Project Manager $160 Lisa Grueter, Principal in Charge $225 Dawn Couch, Facilitator and Analyst $160 Bob Bengford, Urban Designer $215 Rachael Miller, Planner &Engagement Support $140 Reimbursable Expenses The actual customary and incidental expenses incurred by Contractor in performing the Services, including expenses and incidental costs and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion. Changes to Compensation Any changes to the compensation or personnel schedule must be approved by the City through an amendment of this PSA. Professional Services Agreement -8 55 Rev.3/2017 COUNCIL MEETING DATE: ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL I SUBJECT: SW320TIl ST PRESERVATION(11""'AVE SW To 3R) PL SW) ............................ POLICY QUESTION: Should the City Council authorize staff to continue to design the SW 3201h St. Preservation (11th Ave SW to 3d PI SW)project and return to LUTC and Council for bid authorization,and further reports? COMMITTEE: Land Use and Transportation MEETING DATE: April 6, 2020 ................ ....... CATEGORY: Z Consent D Ordinance M Public Hearing City ❑Council Business Resolution n Other ------------ STAFF REPORT BY: John Mulkey, P.E., Senior CjiI Engineer a DEPT: Public Works pt ................... ........... Attachments: 1. Staff Report Options Considered: 1. Authorize staff to proceed with design of the SW 320th St. Preservation (I Vh Ave SW to 3rd PI SW) project and return to LUTC and Council for bid authorization, and further reports. 2. Do not authorize staff to proceed with design of the SW 320th St. Preservation (111h Ave SW to 3'-d PI SW)project and provide direction to staff. .................................... MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the April 21, 2020 City Council consent agenda for approval. .......... MAYOR APPROVAL: DIRECTOR APPROVAL: 3� �Zv2'J Collo jalco (";;;A :!��? Initial/Date InitiaVDate Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the April 21, 2020 consent agenda ,for approval. Mark Koppang,Committee Chair Martin Moore,Committee Meniber floang"I"'ran,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the SW 32(y h St. Preservation (111h Ave SW to 3"d PI SW)project and return to LUTC and Council for bid authorization, and further reports. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: I--] APPROVED COUNCIL BILL# El DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-2/2020 RESOLUTION# 56 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor /J FROM: EJ Walsh,P.E., Public Works Director John Mulkey,P.E., Senior Capital Engineer SUBJECT: SW 320t` Street Preservation Project 30%Design Status Report Financial Impacts: The cost to the City for the SW 320a' Street Preservation Project was included within the approved budget under the Public Works Capital Project #214. In accordance with the approved budget, this item is funded MVET funds. While construction funding was not awarded during the most recent grant cycle,staff requested permission to design this project in anticipation that construction award might be granted from the contingency list. If construction is not awarded off the contingency list, staff requested permission to apply for construction funds in the upcoming grant cycle. Upon completion of the SW 320th Street Preservation Project,no other costs are anticipated. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: The SW 320' 'Street Preservation(11t1i Ave SW to 3`d PI SW)project was approved for design at the March 17, 2020 Council to make this project construction ready to take advantage of possible grant opportunities this summer. The following provides a brief synopsis of the progress on the project to date. Currently,the project design is approximately 30%complete,which includes the following completed tasks: • Project Design to 30% Ongoing Tasks Include: • Preliminary Contract Specifications • Project Design to 85% • Environmental Document approval PROJECT ESTIMATED EXPENDITURES: Design(by City stafji $49,000 2021 Construction Cost $788,000 10%Construction Contingency $79,000 Construction Management (by City stafji $62,000 TOTAL PROJECT COSTS $978,000 Rev.7/18 57 AVAILABLE FUNDING: Federal Grant $577,000 City Funds (Motor Vehicle Fuel Tax) $401,000(FY 2021) TOTAL AVAILABLE ---------------------------------------------BUDGET................. WWW $978,000.......-..................... FUNDING SUMMARY: As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85%design completion status report for further action.. Staff anticipates bidding this project in the fall of 2020 with S" 356"'Street as a tied bid unless we are not able to get funding for this project, in which case this project will be shelved until funds become available. Construction is anticipated to commence in the spring of 2021, with an estimated substantial completion date in October 2021. Rev.7/18 58 COUNCIL MEETING DATE: April 21,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SW 356TH ST PRESERVATION(15TH AVE SW TO 4TH PL SW) POLICY QUESTION: Should the City Council authorize staff to continue to design the SW 356th St.Preservation (15`h Ave SW to 4"'PI SW)project and return to LUTC and Council for bid authorization, and further reports? COMMITTEE: Land Use and Transportation MEETING DATE: April 6,2020 CATEGORY: ® Consent F1 Ordinance ❑ Public Hearing ❑ City Council Business_____.............................................................El............Resolution ................. ...... .............. ...............❑......... Other STAFF REPORT BY: John Mulk� P E ,Senior Ca it<Il. LnTlnc rDEPT Public Works Attachments: 1. Staff Report Options Considered: 1. Authorize staff to proceed with design of the SW 356th St. Preservation (15`h Ave SW to 4th PI SW) project and return to LUTC and Council for bid authorization, and further reports. 2. Do not authorize staff to proceed with design of the SW 356th St. Preservation (15th Ave SW to 4th PI SW)project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 21,2020 City Council consent agenda for approval. MAYOR APPROVAL: �„.. , DIRECTOR APPROVAL: �W)202� * rn� �tteae "t InitiaMate SniAiadillta � intluaiYtte COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 21, 2020 consent agenda for approval. Mark Ko an ,Committee Chair MartinµMoore,Committee Member Hoang Hoang Tran,Committee Memberm mµ PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the SW 356"' St. Preservation (I5"' Ave SW to 4`i' Pl SW)project and return to LUTC and Council for bid authorization, and further reports." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) IT mmm ITIT ....„mm ITIT 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# 59 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh,P.E.,Public Works Director John Mulkey,P.E., Senior Capital Engineer SUBJECT: SW 356 ' Street Preservation Project 30% Design Status Report Financial Impacts: The cost to the City for the SW 356 ' Street Preservation Project was included within the approved budget under the Public Works Capital Project #215. In accordance with the approved budget, this item is funded by a grant from FHWA in the amount of$810,000.00 and the remainder from REET and MVET funds. Upon completion of the SW 356 ' Street Preservation Project,no other costs are anticipated. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: Under the 2019 National Highway System(NHS)Asset Management(Federal Funds)Competition the City was awarded Grant funding for the overlay and ADA retrofit of SW 3561h Street(15th Ave SW to 4th Pl. SW). The following provides a brief synopsis of the progress on the project to date. Currently,the project design is approximately 30%complete,which includes the following completed tasks: • Topographic Survey • Project Design to 30% Ongoing Tasks Include: • Preliminary Contract Specifications • Project Design to 85% • Environmental Document approval PROJECT ESTIMATED EXPENDITURES: Design(by City stafji $100,000 2021 Construction Cost $1,190,000 10%Construction Contingency $119,000 Construction Management(by City stafji $60,800 TOTAL PROJECT COSTS $1,469,800 Rev.7/18 60 AVAILABLE FUNDING: FHWA. Grant(Federal) $810,000 MVET Funds (Motor Vehicle Excise Tax) $500,000 REET Funds (Real Estate Excise Tax) $74,000 TOTAL AVAILABLE BUDGET $193849000 FUNDING SUMMARY: Total Project Costs $1,469,800 Total Available Funding $1,384,000 _v PROJECT BUDGET SHORTFALL $85,800 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85%design completion status report for further action. Staff anticipates bidding this project in the fall of 2020 with SW 320`h Street as a tied bid unless we are not able to get funding for that project, in which case this project will be bid independently in the winter of 2021. Construction is anticipated to commence in the spring of 2021, with an estimated substantial completion date in October 2021. Rev.7/18 61 COUNCIL MEETING DATE: April 21,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2020 PAVEMENT REPAIR PROJECT BID AWARD POLICY QUESTION: Should City Council award the 2020 Pavement Repair Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6,2020 CATEGORY: ..............�_ _ .... ... ® Consent ❑ Ordinance [ Public Hearing ❑ City Council Business ❑ Resolution El Other S ... -.......... ..................... ..... ..... ........ ........... ......_ TAFF REPORT BY: Jeff Huynh, Capital En sneerer DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated April 6, 2020. Options Considered: 1. Award the 2020 Pavement Repair Project to Pavement Maintenance of Washington, LLC,the lowest responsive, responsible bidder, in the amount of $151,556.00 and approve a 5% contingency of$7,578 for a total of$159,134 and authorize the Mayor to execute the contract. 2. Reject all bids for the 2020 Pavement Repair Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the April 21, 2020 Council Consent Agenda for approval. ....... � DIRECTOR APPROVAL: �3Q�ZaZ 'Carni tRee arsta1 it InitlaMate MAYOR APPROVAL: ....... InitiaMate initlaMate COMMITTEE RECOMMENDATION: "I move to forward Option I to the April 21, 2020 consent agenda for approval." Mark Koppang, Committee Chair Mart in Moore Committee Ho�ang Tran, Committee Member Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award all schedules of the 2020 Pavement Repair Project to Pavement Maintenance of Washington, LLC, the lowest responsive, responsible bidder, in the amount of$151,556 and approve a 5%contingency of$7,578 for a total of$159,134 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—11/2019 RESOLUTION# 62 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2020 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jeff Huynh, Capital Engineer SUBJECT: 2020 Pavement Repair Project—Bid Award Financial Impacts: The cost to the City for 2020 Pavement Repair Project was included within the approved budget under the 101 Street Fund for street maintenance. In accordance with the approved budget,the Fund's major sources of revenue are motor vehicle fuel tax,charges for services, interest earnings, and transfers-in from the General Fund. There are no impacts to future operations and maintenance funding as this is repair of existing infrastructure. Background Informnation: Each year the Public Works Department completes pavement patching and crack sealing as part of its regular maintenance. This work is typically done through a combination of contracts and in-house labor. Many times the work is included as a separate bid schedule within the asphalt overlay program. Solicitations were sent to 34 contractors on the MRSC Small Works Roster in the category of Roadway Construction, Repair, and Maintenance and Sub-Category: Asphalt Pavement Minor Repairs. Three bids was received and opened on March 25, 2020 for the 2020 Pavement Repair project. The lowest responsive, responsible bidder is Pavement Maintenance of Washington, LLC, with a total bid of$151,556.00. AVAILABLE FUNDING: 101 Street Fund $190,000.00 Total Available Fundingmmmmmmmm _......__— $190,000.00 PROJECT ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project costs based on the low bid: Rev.7/18 63 2020 Pavement Repair Project $151,556 Construction Contingency $7,578 Total Project Cosw is $159,134 Staff recommends awarding the 2020 Pavement Repair Project to Pavement Maintenance of Washington,LLC,the lowest responsive,responsible bidder,in the amount of$151,556 and approve a contingency of$7,578 for a total of$159,334 and authorize the Mayor to execute the contract. 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C.r> H F v, x d F ' N a; as h- d .a a y U ,. r N. a7� o ; Ua ° c o ,o0' ' ni ark a 3U O-2o aDi na ;a cl.' a ro 'a¢ °o a o, ¢ v°ri u y y m' U L o o " `°..a ¢ rl yr W o °ml$ m c v .� m ro ro c ro '.. o.. °�''ro ° RW c ro r= .: �0 o o h o m: it Ll.O H d C 2 5 2�.d G'S' L� �� M1..2 2 S d d d a _ 2 Q F a S 2 W W W S m O 0 0 01-11- N N NOC' O N N N O +^ O O O O N N N..N (� C O O O O N N' N to m o aa.a] m c 1/) lb CO m M o7N r m 0 r N S N S+A a LY5 66 COUNCIL MEETING DATE: April 21,2020 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ACCEPTANCE OF PROFESSIONAL SERVICES CONTRACT POLICY QUESTION: Should the City of Federal Way approve a Professional Services Agreement(PSA) with BERK Consulting,Inc.to develop a Housing Action Plan for the City of Federal Way? .......................---......---.............. COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6,2020 CATEGORY: Consent Ordinance ❑ Public Hearing ❑ City Council Business El Resolution 0 Other -------------.... ............................ STAFF REPORT BY: Robert "Doc" Hansen,Planning Manager DEPT: Community Development Attachments: 1. Staff Report. 2. Professional Services Agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. ................... MAYOR'S RECOMMENDATION: Option 1. 17.............................. MAYOR APPROVAL: DIRECTOR APPROVAL: Initial/Date Initis l/Date 4e� filifialWAIC COMMITTEE RECOMMENDATION: "I move to,forward the proposed Agreement to the April 21, 2020, consent agenda for approval. Council Member Mark Koppang Council Member Martin Moore Council Member Hoang Tran Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of'the proposed Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS 0 ........................................................................... COUNCIL ACTION: 11 APPROVED COUNCIL BILL# 11 DENIED First reading 11 TABLED/DEFERRED/NO ACTION Enactment reading 11 MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-4/2019 RESOLUTION# 67 40k CITY OF Federal Way LAND USE AND TRANSPORTATION COMMITTEE STAFF REPORT DATE: April 6,2020 TO: LUTC Chair,Mark Koppang FROM: Brian Davis, Community Development Director Robert"Doc"Hansen, Planning Manager SUBJECT' Request for Approval of a Professional Services Agreement(PSA)to BERK Consulting for a Housing Action Plan I. FINANCIAL OBLIGATION Adopting the proposed Professional Services Agreement will present no additional financial obligation to the city outside the employee time necessary to administrate the agreement. Monies have been allocated by the Washington State Department of Commerce to provide this service. II. BACKGROUND In the 2019 state legislative session, the Senate and House of Representatives passed a bill authorizing the state's Department of Commerce to distribute five million dollars($5,000,000)to cities in the state planning under the Growth Management Plan to develop and adopt various land use actions, or a Housing Action Plan designed to aid in development of policies and regulations intended to allow and encourage development to meet identified housing needs. The City applied for monies to develop a proposed Housing Action Plan and the Department of Commerce awarded$100,000 to the City of Federal Way to develop a Housing Action Plan.The plan will be part of a model for determining regional housing need and distribution. The City Council, on November 19, 2019, accepted the monies offered by the Department of Commerce to perform these tasks. The City is responsible for reviewing and updating its current comprehensive plan in 2023. One of the elements of the comprehensive plan required by the Growth Management Act includes a Housing Element.The activities and policies adopted by this effort can, and will,be used to develop this required element and determine methods designed to meet the housing needs for the City of Federal Way. ......... . ........ __.._ ..... ...................... Land Use and Transportation Committee April 6,2020 Request for Approval of a PSA for a Housing Action Plan Page 1 of 2 68 III. REQUEST The Mayor requests that$80,000 of the granted$100,000 be allocated to the development of a Housing Action Plan for the City of Federal Way, and to enter into agreement with BERK Consulting,Inc. to aid the development of such a plan. After extensive review of numerous consultants responding to the City's Request for Proposal to complete a housing action plan, it was determined that BERK Consulting would provide services most appropriate to the needs of Federal Way. The company's proposal will provide a strong community/stakeholder participation within its scope of work, insuring that various interest groups dedicated to providing housing are considered in the plan's development. The Scope of Work includes: • Developing and conducting a stakeholder involvement program to gather community input and preferences, which includes input from various groups involved in providing and serving housing within the City. • Evaluating City data needs, collecting data, and providing a technical memo/ report to the City and stakeholders. • Providing analysis of existing and projected housing needs by various types and affordability. • Review existing policy/regulation analysis and providing suggested changes/ strategies in the effort to encourage/allow needed housing. • A Draft Housing Action Plan for presentation to citizens, stakeholders,and the Council for adoption. The Mayor recommends acceptance of the Scope of Work and contract to BERK Consulting to develop and contribute toward adoption of a Housing Action Plan for the City of Federal Way. Attachment A: Proposed Contract and Scope of Work for BERK Consulting to Complete the Federal Way Housing Action Plan . ................................................................................................................................................................................................................................................................................. Land Use an TransportationCommi ... April 6,2020 Request for Approval of a PSA for a Housing Action Plan Page 2 of 2 69 CITY OF CITY HALL 11111111111014 33325 8th Avenue South Federal Way Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway corn PROFESSIONAL SERVICES AGREEMENT FOR DEVELOPING A CITY OF FEDERAL WAY HOUSING ACTION PLAN This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and BERK Consulting, Inc., a Washington corporation ("Contractor"). The City and Contractor (together"Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: BERK CONSULTING,INC. CITY OF FEDERAL WAY: Lisa Grueter,Principal in Charge Robert"Doc"Hansen 2200 Sixth Avenue, Suite 1000 33325 81"Avenue South Seattle, WA 98121 Federal Way,WA 98003-6325 206-324-8760 253- 835-2643 Lisa(&k Robert.hansen(;cityoffederalway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than June 30, 2021 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality, or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. 4.2 Method of'Pa rng1j . On a monthly basis,the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon Professional Services Agreement - 1 70 Rev.3/2017 CITYOF CITY HALL 33325 Sth avenue South Federal Way Federal Way WA 95003-6325 (253) 335-7000 Vv cityoffederalway com completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty(30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Pign-Al ri trarl cel ..Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indcrm nific t ual. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers,attorneys,and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Wime"r. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1.MinimumITLimits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: Professional Services Agreement .271 Rev.3/2017 CITY OF C�TY MALL 33325 8th Avenue South IIS Feeral Way Federal Way, WA 98003-6325 (253) 835-7000 inrvv�v.c ityoffederc3hvc.)y.a�otxi a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. c. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles with a minimum combined single limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than$1,000,000 per claim and$2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2 ol it O . I igbfl t . Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3.Additional Insured Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are"claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival.The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications,records, files, computer disks,magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick Professional Services Agreement -372 Rev.3/2017 Iry OF CITY HALL 33325 8th Avenue South Federal Way Federal Way. WA 98003-6325 (253) 835-7000 www citY offederaY ah com leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONS L,IC'I'OIC INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL AL OPPOR"L"UNI'I'Y EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply,but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 h,1-ea,p etation ailed..........Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assi ri ent and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. Professional Services Agreement -473 Rev.3/2017 CITY OF CITY HALL 4*� Federa�l Way 33325 8th Avenue South Federal Way, WA 98003-6325 40 =000 (253) 835-7000 www cityoffederalway com 13.3 Cqn1i.ance witli Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] Professional Services Agreement Rev.3/2017 CITE' OF CITY HALL 33325 8th Avenue South A% Federal Way, WA 98003-6325 Federal, Way (253) 835-7000 w"vw cityoffederalway.con) IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: ........................................ J. Ryan Call, City Attorney BERK CONSULTING, INC.: By: Lisa Gructer, Principal in Charge DATE: STATE OF WASHINGTON ) ) Ss. COUNTY OF On this day personally appeared before me Lisa Grueter, to me known to be the Principal in Charge of BERK Consultants, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 2020. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission Professional Services Agreement -0 Rev.3/2017 CITY CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederatvi,��ycom SERVICES 1. The Contractor shall develop a Housing Action Plan (HAP) for the City of Federal Way meeting the criteria established by the Department of Commerce including: a. Designing and conducting a public participation program designed to obtain input from community members, community groups, local builders, local realtors, nonprofit housing advocates, and local religious groups (stakeholders); Deliverable: Report on the outcome of a conducted comprehensive participation effort. b. Quantify existing and projected housing needs for all income levels, including extremely low-income households, with documentation of housing and household characteristics, and cost-burdened households; c. Analyze population and employment trends, with documentation of projections; Deliverable: City economic and housing needs analysis providing evaluation of existing and projected housing needs within the City of Federal Way. d. Review and evaluate the current housing element of the comprehensive plan policies adopted pursuant to RCW 36.70A.070, including an evaluation of success in achieving existing goals and policies; e. Review and evaluate the current Federal Way Revised Code (FWRC), Title 19 as to its performance in encouraging development of housing consistent with housing need. Deliverable: Report evaluating existing housing policies and regulations, and that exist in the City of Federal Way. f. Develop strategies to increase the supply of housing, and variety of housing types, needed to serve the housing needs identified from obtained public, data, and policy/regulation analyses; g. Consider strategies to minimize displacement of low-income residents resulting from redevelopment; Deliverable: Memorandum outlining researched strategies which may address identified housing need. h. Prepare a draft Housing Action Plan for stakeholder and Planning Commission review; the Plan will include summaries of public engagement, housing needs assessment, demand analysis, policy evaluation and proposed housing strategies, and changes in plan and regulations; and i. Adjust the Plan as determined necessary from activity in item (h) above. Deliverable: A final Housing Action Plan for consideration of adopt by the City Council. Professional Services Agreement .7 76 Rev.3/2017 CITE" OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 �mw ciryoffederalvxay coin EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Eighty Thousand Dollars and 0/100 Dollars ($80,000.00). 2. Method of Compensation: Hourly Rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Professional Hourly Rate Kevin Ramsey, Project Manager $185 Kristin Maidt, Deputy Project Manager $160 Lisa Grueter, Principal in Charge $225 Dawn Couch, Facilitator and Analyst $160 Bob Bengford, Urban Designer $215 Rachael Miller, Planner &Engagement Support $140 Reimbursable Expenses The actual customary and incidental expenses incurred by Contractor in performing the Services, including expenses and incidental costs and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion. Changes to Compensation Any changes to the compensation or personnel schedule must be approved by the City through an amendment of this PSA. Professional Services Agreement -8 77 Rev.3/2017 COUNCIL MEETING DATE: ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL I SUBJECT: SW320TIl ST PRESERVATION(11""'AVE SW To 3R) PL SW) ............................ POLICY QUESTION: Should the City Council authorize staff to continue to design the SW 3201h St. Preservation (11th Ave SW to 3d PI SW)project and return to LUTC and Council for bid authorization,and further reports? COMMITTEE: Land Use and Transportation MEETING DATE: April 6, 2020 ................ ....... CATEGORY: Z Consent D Ordinance M Public Hearing City ❑Council Business Resolution n Other ------------ STAFF REPORT BY: John Mulkey, P.E., Senior CjiI Engineer a DEPT: Public Works pt ................... ........... Attachments: 1. Staff Report Options Considered: 1. Authorize staff to proceed with design of the SW 320th St. Preservation (I Vh Ave SW to 3rd PI SW) project and return to LUTC and Council for bid authorization, and further reports. 2. Do not authorize staff to proceed with design of the SW 320th St. Preservation (111h Ave SW to 3'-d PI SW)project and provide direction to staff. .................................... MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option I to the April 21, 2020 City Council consent agenda for approval. .......... MAYOR APPROVAL: DIRECTOR APPROVAL: 3� �Zv2'J Collo jalco (";;;A :!��? Initial/Date InitiaVDate Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the April 21, 2020 consent agenda ,for approval. Mark Koppang,Committee Chair Martin Moore,Committee Meniber floang"I"'ran,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the SW 32(y h St. Preservation (111h Ave SW to 3"d PI SW)project and return to LUTC and Council for bid authorization, and further reports. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: I--] APPROVED COUNCIL BILL# El DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-2/2020 RESOLUTION# 78 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor /J FROM: EJ Walsh,P.E., Public Works Director John Mulkey,P.E., Senior Capital Engineer SUBJECT: SW 320t` Street Preservation Project 30%Design Status Report Financial Impacts: The cost to the City for the SW 320a' Street Preservation Project was included within the approved budget under the Public Works Capital Project #214. In accordance with the approved budget, this item is funded MVET funds. While construction funding was not awarded during the most recent grant cycle,staff requested permission to design this project in anticipation that construction award might be granted from the contingency list. If construction is not awarded off the contingency list, staff requested permission to apply for construction funds in the upcoming grant cycle. Upon completion of the SW 320th Street Preservation Project,no other costs are anticipated. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: The SW 320' 'Street Preservation(11t1i Ave SW to 3`d PI SW)project was approved for design at the March 17, 2020 Council to make this project construction ready to take advantage of possible grant opportunities this summer. The following provides a brief synopsis of the progress on the project to date. Currently,the project design is approximately 30%complete,which includes the following completed tasks: • Project Design to 30% Ongoing Tasks Include: • Preliminary Contract Specifications • Project Design to 85% • Environmental Document approval PROJECT ESTIMATED EXPENDITURES: Design(by City stafji $49,000 2021 Construction Cost $788,000 10%Construction Contingency $79,000 Construction Management (by City stafji $62,000 TOTAL PROJECT COSTS $978,000 Rev.7/18 79 AVAILABLE FUNDING: Federal Grant $577,000 City Funds (Motor Vehicle Fuel Tax) $401,000(FY 2021) TOTAL AVAILABLE ---------------------------------------------BUDGET................. WWW $978,000.......-..................... FUNDING SUMMARY: As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85%design completion status report for further action.. Staff anticipates bidding this project in the fall of 2020 with S" 356"'Street as a tied bid unless we are not able to get funding for this project, in which case this project will be shelved until funds become available. Construction is anticipated to commence in the spring of 2021, with an estimated substantial completion date in October 2021. Rev.7/18 80 COUNCIL MEETING DATE: April 21,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SW 356TH ST PRESERVATION(15TH AVE SW TO 4TH PL SW) POLICY QUESTION: Should the City Council authorize staff to continue to design the SW 356th St.Preservation (15`h Ave SW to 4"'PI SW)project and return to LUTC and Council for bid authorization, and further reports? COMMITTEE: Land Use and Transportation MEETING DATE: April 6,2020 CATEGORY: ® Consent F1 Ordinance ❑ Public Hearing ❑ City Council Business_____.............................................................El............Resolution ................. ...... .............. ...............❑......... Other STAFF REPORT BY: John Mulk� P E ,Senior Ca it<Il. LnTlnc rDEPT Public Works Attachments: 1. Staff Report Options Considered: 1. Authorize staff to proceed with design of the SW 356th St. Preservation (15`h Ave SW to 4th PI SW) project and return to LUTC and Council for bid authorization, and further reports. 2. Do not authorize staff to proceed with design of the SW 356th St. Preservation (15th Ave SW to 4th PI SW)project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 21,2020 City Council consent agenda for approval. MAYOR APPROVAL: �„.. , DIRECTOR APPROVAL: �W)202� * rn� �tteae "t InitiaMate SniAiadillta � intluaiYtte COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 21, 2020 consent agenda for approval. Mark Ko an ,Committee Chair MartinµMoore,Committee Member Hoang Hoang Tran,Committee Memberm mµ PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the SW 356"' St. Preservation (I5"' Ave SW to 4`i' Pl SW)project and return to LUTC and Council for bid authorization, and further reports." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) IT mmm ITIT ....„mm ITIT 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# 81 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh,P.E.,Public Works Director John Mulkey,P.E., Senior Capital Engineer SUBJECT: SW 356 ' Street Preservation Project 30% Design Status Report Financial Impacts: The cost to the City for the SW 356 ' Street Preservation Project was included within the approved budget under the Public Works Capital Project #215. In accordance with the approved budget, this item is funded by a grant from FHWA in the amount of$810,000.00 and the remainder from REET and MVET funds. Upon completion of the SW 356 ' Street Preservation Project,no other costs are anticipated. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: Under the 2019 National Highway System(NHS)Asset Management(Federal Funds)Competition the City was awarded Grant funding for the overlay and ADA retrofit of SW 3561h Street(15th Ave SW to 4th Pl. SW). The following provides a brief synopsis of the progress on the project to date. Currently,the project design is approximately 30%complete,which includes the following completed tasks: • Topographic Survey • Project Design to 30% Ongoing Tasks Include: • Preliminary Contract Specifications • Project Design to 85% • Environmental Document approval PROJECT ESTIMATED EXPENDITURES: Design(by City stafji $100,000 2021 Construction Cost $1,190,000 10%Construction Contingency $119,000 Construction Management(by City stafji $60,800 TOTAL PROJECT COSTS $1,469,800 Rev.7/18 82 AVAILABLE FUNDING: FHWA. Grant(Federal) $810,000 MVET Funds (Motor Vehicle Excise Tax) $500,000 REET Funds (Real Estate Excise Tax) $74,000 TOTAL AVAILABLE BUDGET $193849000 FUNDING SUMMARY: Total Project Costs $1,469,800 Total Available Funding $1,384,000 _v PROJECT BUDGET SHORTFALL $85,800 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85%design completion status report for further action. Staff anticipates bidding this project in the fall of 2020 with SW 320`h Street as a tied bid unless we are not able to get funding for that project, in which case this project will be bid independently in the winter of 2021. Construction is anticipated to commence in the spring of 2021, with an estimated substantial completion date in October 2021. Rev.7/18 83 COUNCIL MEETING DATE: April 21,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2020 PAVEMENT REPAIR PROJECT BID AWARD POLICY QUESTION: Should City Council award the 2020 Pavement Repair Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6,2020 CATEGORY: ..............�_ _ .... ... ® Consent ❑ Ordinance [ Public Hearing ❑ City Council Business ❑ Resolution El Other S ... -.......... ..................... ..... ..... ........ ........... ......_ TAFF REPORT BY: Jeff Huynh, Capital En sneerer DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated April 6, 2020. Options Considered: 1. Award the 2020 Pavement Repair Project to Pavement Maintenance of Washington, LLC,the lowest responsive, responsible bidder, in the amount of $151,556.00 and approve a 5% contingency of$7,578 for a total of$159,134 and authorize the Mayor to execute the contract. 2. Reject all bids for the 2020 Pavement Repair Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the April 21, 2020 Council Consent Agenda for approval. ....... � DIRECTOR APPROVAL: �3Q�ZaZ 'Carni tRee arsta1 it InitlaMate MAYOR APPROVAL: ....... InitiaMate initlaMate COMMITTEE RECOMMENDATION: "I move to forward Option I to the April 21, 2020 consent agenda for approval." Mark Koppang, Committee Chair Mart in Moore Committee Ho�ang Tran, Committee Member Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award all schedules of the 2020 Pavement Repair Project to Pavement Maintenance of Washington, LLC, the lowest responsive, responsible bidder, in the amount of$151,556 and approve a 5%contingency of$7,578 for a total of$159,134 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—11/2019 RESOLUTION# 84 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2020 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jeff Huynh, Capital Engineer SUBJECT: 2020 Pavement Repair Project—Bid Award Financial Impacts: The cost to the City for 2020 Pavement Repair Project was included within the approved budget under the 101 Street Fund for street maintenance. In accordance with the approved budget,the Fund's major sources of revenue are motor vehicle fuel tax,charges for services, interest earnings, and transfers-in from the General Fund. There are no impacts to future operations and maintenance funding as this is repair of existing infrastructure. Background Informnation: Each year the Public Works Department completes pavement patching and crack sealing as part of its regular maintenance. This work is typically done through a combination of contracts and in-house labor. Many times the work is included as a separate bid schedule within the asphalt overlay program. Solicitations were sent to 34 contractors on the MRSC Small Works Roster in the category of Roadway Construction, Repair, and Maintenance and Sub-Category: Asphalt Pavement Minor Repairs. Three bids was received and opened on March 25, 2020 for the 2020 Pavement Repair project. The lowest responsive, responsible bidder is Pavement Maintenance of Washington, LLC, with a total bid of$151,556.00. AVAILABLE FUNDING: 101 Street Fund $190,000.00 Total Available Fundingmmmmmmmm _......__— $190,000.00 PROJECT ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project costs based on the low bid: Rev.7/18 85 2020 Pavement Repair Project $151,556 Construction Contingency $7,578 Total Project Cosw is $159,134 Staff recommends awarding the 2020 Pavement Repair Project to Pavement Maintenance of Washington,LLC,the lowest responsive,responsible bidder,in the amount of$151,556 and approve a contingency of$7,578 for a total of$159,334 and authorize the Mayor to execute the contract. 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COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6,2020 CATEGORY: Consent Ordinance ❑ Public Hearing ❑ City Council Business El Resolution 0 Other -------------.... ............................ STAFF REPORT BY: Robert "Doc" Hansen,Planning Manager DEPT: Community Development Attachments: 1. Staff Report. 2. Professional Services Agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. ................... MAYOR'S RECOMMENDATION: Option 1. 17.............................. MAYOR APPROVAL: DIRECTOR APPROVAL: Initial/Date Initis l/Date 4e� filifialWAIC COMMITTEE RECOMMENDATION: "I move to,forward the proposed Agreement to the April 21, 2020, consent agenda for approval. Council Member Mark Koppang Council Member Martin Moore Council Member Hoang Tran Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of'the proposed Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS 0 ........................................................................... COUNCIL ACTION: 11 APPROVED COUNCIL BILL# 11 DENIED First reading 11 TABLED/DEFERRED/NO ACTION Enactment reading 11 MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-4/2019 RESOLUTION# 89 40k CITY OF Federal Way LAND USE AND TRANSPORTATION COMMITTEE STAFF REPORT DATE: April 6,2020 TO: LUTC Chair,Mark Koppang FROM: Brian Davis, Community Development Director Robert"Doc"Hansen, Planning Manager SUBJECT' Request for Approval of a Professional Services Agreement(PSA)to BERK Consulting for a Housing Action Plan I. FINANCIAL OBLIGATION Adopting the proposed Professional Services Agreement will present no additional financial obligation to the city outside the employee time necessary to administrate the agreement. Monies have been allocated by the Washington State Department of Commerce to provide this service. II. BACKGROUND In the 2019 state legislative session, the Senate and House of Representatives passed a bill authorizing the state's Department of Commerce to distribute five million dollars($5,000,000)to cities in the state planning under the Growth Management Plan to develop and adopt various land use actions, or a Housing Action Plan designed to aid in development of policies and regulations intended to allow and encourage development to meet identified housing needs. The City applied for monies to develop a proposed Housing Action Plan and the Department of Commerce awarded$100,000 to the City of Federal Way to develop a Housing Action Plan.The plan will be part of a model for determining regional housing need and distribution. The City Council, on November 19, 2019, accepted the monies offered by the Department of Commerce to perform these tasks. The City is responsible for reviewing and updating its current comprehensive plan in 2023. One of the elements of the comprehensive plan required by the Growth Management Act includes a Housing Element.The activities and policies adopted by this effort can, and will,be used to develop this required element and determine methods designed to meet the housing needs for the City of Federal Way. ......... . ........ __.._ ..... ...................... Land Use and Transportation Committee April 6,2020 Request for Approval of a PSA for a Housing Action Plan Page 1 of 2 90 III. REQUEST The Mayor requests that$80,000 of the granted$100,000 be allocated to the development of a Housing Action Plan for the City of Federal Way, and to enter into agreement with BERK Consulting,Inc. to aid the development of such a plan. After extensive review of numerous consultants responding to the City's Request for Proposal to complete a housing action plan, it was determined that BERK Consulting would provide services most appropriate to the needs of Federal Way. The company's proposal will provide a strong community/stakeholder participation within its scope of work, insuring that various interest groups dedicated to providing housing are considered in the plan's development. The Scope of Work includes: • Developing and conducting a stakeholder involvement program to gather community input and preferences, which includes input from various groups involved in providing and serving housing within the City. • Evaluating City data needs, collecting data, and providing a technical memo/ report to the City and stakeholders. • Providing analysis of existing and projected housing needs by various types and affordability. • Review existing policy/regulation analysis and providing suggested changes/ strategies in the effort to encourage/allow needed housing. • A Draft Housing Action Plan for presentation to citizens, stakeholders,and the Council for adoption. The Mayor recommends acceptance of the Scope of Work and contract to BERK Consulting to develop and contribute toward adoption of a Housing Action Plan for the City of Federal Way. Attachment A: Proposed Contract and Scope of Work for BERK Consulting to Complete the Federal Way Housing Action Plan . ................................................................................................................................................................................................................................................................................. Land Use an TransportationCommi ... April 6,2020 Request for Approval of a PSA for a Housing Action Plan Page 2 of 2 91 CITY OF CITY HALL 11111111111014 33325 8th Avenue South Federal Way Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway corn PROFESSIONAL SERVICES AGREEMENT FOR DEVELOPING A CITY OF FEDERAL WAY HOUSING ACTION PLAN This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and BERK Consulting, Inc., a Washington corporation ("Contractor"). The City and Contractor (together"Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: BERK CONSULTING,INC. CITY OF FEDERAL WAY: Lisa Grueter,Principal in Charge Robert"Doc"Hansen 2200 Sixth Avenue, Suite 1000 33325 81"Avenue South Seattle, WA 98121 Federal Way,WA 98003-6325 206-324-8760 253- 835-2643 Lisa(&k Robert.hansen(;cityoffederalway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than June 30, 2021 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality, or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. 4.2 Method of'Pa rng1j . On a monthly basis,the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon Professional Services Agreement - 1 92 Rev.3/2017 CITYOF CITY HALL 33325 Sth avenue South Federal Way Federal Way WA 95003-6325 (253) 335-7000 Vv cityoffederalway com completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty(30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Pign-Al ri trarl cel ..Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indcrm nific t ual. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers,attorneys,and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Wime"r. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1.MinimumITLimits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: Professional Services Agreement .293 Rev.3/2017 CITY OF C�TY MALL 33325 8th Avenue South IIS Feeral Way Federal Way, WA 98003-6325 (253) 835-7000 inrvv�v.c ityoffederc3hvc.)y.a�otxi a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. c. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles with a minimum combined single limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than$1,000,000 per claim and$2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2 ol it O . I igbfl t . Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3.Additional Insured Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are"claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival.The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications,records, files, computer disks,magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick Professional Services Agreement -394 Rev.3/2017 Iry OF CITY HALL 33325 8th Avenue South Federal Way Federal Way. WA 98003-6325 (253) 835-7000 www citY offederaY ah com leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONS L,IC'I'OIC INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL AL OPPOR"L"UNI'I'Y EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply,but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 h,1-ea,p etation ailed..........Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assi ri ent and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. Professional Services Agreement -495 Rev.3/2017 CITY OF CITY HALL 4*� Federa�l Way 33325 8th Avenue South Federal Way, WA 98003-6325 40 =000 (253) 835-7000 www cityoffederalway com 13.3 Cqn1i.ance witli Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof. [Signature page follows] Professional Services Agreement -596 Rev.3/2017 CITE' OF CITY HALL 33325 8th Avenue South A% Federal Way, WA 98003-6325 Federal, Way (253) 835-7000 w"vw cityoffederalway.con) IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: ........................................ J. Ryan Call, City Attorney BERK CONSULTING, INC.: By: Lisa Gructer, Principal in Charge DATE: STATE OF WASHINGTON ) ) Ss. COUNTY OF On this day personally appeared before me Lisa Grueter, to me known to be the Principal in Charge of BERK Consultants, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 2020. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission Professional Services Agreement -07 Rev.3/2017 CITY CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederatvi,��ycom SERVICES 1. The Contractor shall develop a Housing Action Plan (HAP) for the City of Federal Way meeting the criteria established by the Department of Commerce including: a. Designing and conducting a public participation program designed to obtain input from community members, community groups, local builders, local realtors, nonprofit housing advocates, and local religious groups (stakeholders); Deliverable: Report on the outcome of a conducted comprehensive participation effort. b. Quantify existing and projected housing needs for all income levels, including extremely low-income households, with documentation of housing and household characteristics, and cost-burdened households; c. Analyze population and employment trends, with documentation of projections; Deliverable: City economic and housing needs analysis providing evaluation of existing and projected housing needs within the City of Federal Way. d. Review and evaluate the current housing element of the comprehensive plan policies adopted pursuant to RCW 36.70A.070, including an evaluation of success in achieving existing goals and policies; e. Review and evaluate the current Federal Way Revised Code (FWRC), Title 19 as to its performance in encouraging development of housing consistent with housing need. Deliverable: Report evaluating existing housing policies and regulations, and that exist in the City of Federal Way. f. Develop strategies to increase the supply of housing, and variety of housing types, needed to serve the housing needs identified from obtained public, data, and policy/regulation analyses; g. Consider strategies to minimize displacement of low-income residents resulting from redevelopment; Deliverable: Memorandum outlining researched strategies which may address identified housing need. h. Prepare a draft Housing Action Plan for stakeholder and Planning Commission review; the Plan will include summaries of public engagement, housing needs assessment, demand analysis, policy evaluation and proposed housing strategies, and changes in plan and regulations; and i. Adjust the Plan as determined necessary from activity in item (h) above. Deliverable: A final Housing Action Plan for consideration of adopt by the City Council. Professional Services Agreement -798 Rev.3/2017 CITE" OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 �mw ciryoffederalvxay coin EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Eighty Thousand Dollars and 0/100 Dollars ($80,000.00). 2. Method of Compensation: Hourly Rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Professional Hourly Rate Kevin Ramsey, Project Manager $185 Kristin Maidt, Deputy Project Manager $160 Lisa Grueter, Principal in Charge $225 Dawn Couch, Facilitator and Analyst $160 Bob Bengford, Urban Designer $215 Rachael Miller, Planner &Engagement Support $140 Reimbursable Expenses The actual customary and incidental expenses incurred by Contractor in performing the Services, including expenses and incidental costs and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion. Changes to Compensation Any changes to the compensation or personnel schedule must be approved by the City through an amendment of this PSA. Professional Services Agreement -899 Rev.3/2017