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LUTC PKT 06-17-1996City of Federal Way City Council Land Use/Transportation Committee June 17,1996 City Hall 5:30pm Council Chambers AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES 3. PUBLIC COMMENT (3 minute limit) 4. BUSINESS ITEMS A. South 336th/Kitts RSF - Bid Award Action B. BPA Trail Phase II/Interlocal Agreement/ Action 100% Design Authority to Bid C. 1996 Sidewalk Replacement Projects Action D. Dash Point/SR 509 Action Overlay-Channelization E. CTR Incentive Program Action F. SR 99 Redevelopment Project Info Public Open House G. Drunk Driver Victim Memorial Sign Info Installation 5. OTHER ITEMS 6. FUTURE MEETINGS/AGENDAS 7. ADJOURN Committee Members: Phil Watkins, Chair Ron Gintz Mary Gates Pratt Miller Miller Miller Roe Roe Roe City Staff: Greg Moore, CDS Director Sandy Lyle, Administrative Assistant 661-4116 June 3, 1996 5:30pm City of Federal Way City Council Land Use/Transportation Committee SUMMARY City Hall Council Chambers In attendance: Committee members Phil Watkins (chair), Ron Gintz and Mary Gates; Community Development Services Director Greg Moore; Public Works Director Cary Roe; Assistant City Attorney Bonnie Lindstrom; Assistant Community Development Services Director Kathy McClung; Principal Planner Greg McCormick; Principal Planner Greg Fewins; Surface Water Manager Jeff Pratt; Street Systems Manager Ken Miller; SWM Project Engineer Marwan Salloum; Code Compliance Officer Martin Nordby; Associate Planner Jim Harris; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER The meeting was called to order at 5:30pm. 2. APPROVAL OF MINUTES The minutes of the meetings of May 6, 13, and 20, 1996, were approved as presented. 3. PUBLIC COMMENT There was no public comment on items not included in the agenda. 4. BUSINESS ITEMS A. Sign Code Enforcement U ate - Today, June 3, three of the four summer interns started work to concentrate effort on the sign enforcement program. Per the Committee's instructions, businesses will be notified comprehensively by mail about signs that must be brought into immediate compliance and those that need compliance before the year 2000. Staff has been working closely with the Chamber of Commerce on the sign enforcement program. Bob Griebenow, who has been supportive of the sign enforcement program notified us that through the Chamber's membership drive a strong negative reaction to the City's sign regulations exists. The first appeal from a sign citation was received from Fox Communication, which is parking unlicensed, unattended vehicles on private property for the purpose of advertising. B. Planning Commission Membership - The Committee voted to reduce the size of the Planning Commission from nine to seven members and to extend terms from three to four years. Staff was directed to create a schedule to address staggering the terms. C. Junk Vehicles - The Planning Commission recommendation regarding amendments to the zoning code related to junk vehicles was presented. The City's current defmition of junk does not adequately address the definition of junk vehicle. The state definition of junk vehicle, though revised, remains insufficient for effective local nuisance abatement. Defining the activity and the standard by which that activity can be evaluated will improve the City's ability to resolve junk vehicle complaints and violations. It will also provide the property/vehicle owner with a clear standard of performance. The Committee m/s/c to recommend approval of the Planning Commission recommendation to City Council at the June 18, 1996 meeting. D. Gated Communities - Public Works staff was present to briefly review the work plan items and special projects likely to be brought to the Committee during 1996, and requested direction on priority of developing a gated community ordinance. There are items that have been waiting for resolution. The Committee felt it important that the gated receive a fair hearing. It was tentatively decided to include the gated community issue in the Planning Commission work plan for early 1997. E. SeaTac Phase I (Belmor Park) Downstream Culvert Upgrades - The SeaTac Mall detention and Upper WH10 Cross Road Culvert Upgrades have reached the 30 % completion point. The SeaTac Detention project has been separated into two phases; Phase I is the Belmor Regional Detention Facility and is located at the northwest end of the Belmor Mobile Home Park. Phase II is the SeaTac Mall pipe replacement. The property owner has responded positively to the proposed project layout and has requested that the City prepare a formal offer on the easement area. Staff recommends that the Committee authorize the design to proceed with a return to the Committee at the 85 % design completion state for further reports and authorizations. It was so m/s/c. F. BPA Trail Phase H. UPR III - This segment of the BPA Trail is currently undeveloped, but is informally used by the public for walking, biking, hiking, etc. The trail is primarily located withing the BPA easement. The 4,800 foot long trail will include a system of connector trails, with one main pathway to be used for recreational and transportation purposes. The project is being funded in part by a Federal Intermodal Surface Transportation Efficiency Act. The project includes installation of a pedestrian and bicycle signal crossing at First Way South. The trail meets the requirements of the Americans with Disabilities Act (ADA). The Committee m/s/c the recommendation of approval the City Council at the June 18, 1996, meeting For the sake of increased pedestrian safety, the Committee would like to consider construction of pedestrian overpasses in the Phase III portion of the project. G. South 356th RHTL Design AWroval/Authorization to Bid - The South 356th Street Right Hand Turn Lane Project is the first street improvement bond project to be completed. This project will construct a right hand turn lane approximately 150 feet long on the south side of South 356th Street. The plans and specifications are 90% complete. Staff requested approval of bidding and awarding the project in July, starting construction in August, with completion of the construction to be complete in October 1996. The Committee approved and m/s/c to recommend approval to Council at the June 18, 1996, meeting. 5. OTHER ITEMS There was no other business. FUTURE MEETINGS/AGENDAS The next meeting of the Land Use/Transportation Committee will take place as scheduled on June 17, 1996. 7. ADJOURN The meeting was adjourned at 6:55pm. 1: \MTGNOTEU UN3LUT. SUM MY o C= crS4-*-)B n� DATE: June 13, 1996 TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Jeff Pratt, Surface Water Manager a4AK SUBJECT: S336th/Kitts Regional Storm Water Control Facility - Bid Award On June 10, 1996, the City received nine bids form various contractors for the above referenced project. The low -bid contractor for this project is Volker Stevin Pacific, Inc., with a total bid amount of $1,894,318. 10. This bid amount is 8 % lower than the average bid of the next three lowest bidders combined, and 16.6% lower than the engineer's estimated construction cost for this project (see attached bid tabulation). Based on the reference checks completed by CH2M HILL, Inc., the City's Design Consultant on this project, there is no known reason why this low bidder should not be able to successfully complete this project to the City's satisfaction. Staff recommends the award of this project to the lowest responsive, responsible bidder, Volker Stevin Pacific, Inc., in the amount of $1,894,318.10 and that a 10% construction contingency totaling $189, 431.00 be established for the project. In addition, staff recommends that this matter be placed on the June 18, 1996 City Council meeting consent agenda for their consideration. K:\LUTC\E1MBID.WPD S336th/Kitts Regional Stormwater Control Facility Bid Tabulations Volker Stevrin Pacific Inc. Bellevue, WA $1,894,318.10 RCI, Inc. Sumner, WA $2,016,217.41 Scoccolo Construction, Inc. Seattle, WA $2,069,005.01 Tucci & Sons, Inc. Tacoma, WA $2,098,761.62 Ceccanti Spanaway, WA $2,232,362.98 Stan Palmer Construction, Inc. Siverdale, WA $2,238,223.04 Northwest Construction Inc. Bellevue, WA $2,443,743.96 Olson Brothers Excavation, Inc. Puyallup, WA $3,115,865.70 R. W. Scott Construction, Inc. Auburn, WA $3,650,868.82 Engineer's Estimate $2,211,506.51 CITY of G vv � DATE: June 11, 1996 TO. Phil Watkins, Chair Land Use/Transportation Committee FROM: Ken Miller, Street Systems Manager �O\ SUBJECT: Final Design Approval, Authorization to Bid and Interlocal Agreement for BPA Trail Phase II BPA Trail Phase 11 is the second part of a regional trail corridor extending the existing trail from 1st Avenue South to Campus Drive. In August of 1995, the City Council approved the trail alignment and authorized proceeding with the design of the selected option. Prpject Budg Total Available Budget $604,000.00 Design Cost < $86,000.00 > WSDOT Cost < $6,000.00 > Construction Budget $5120000.00 Base Bid (Including Signal) $425,000.00 10% Contingency $42,500.00 10% Construction Management $42,500.00 Engineer's Construction Cost Estimate $510,000.00 The Engineer's Estimate for the project, including a 10% project contingency and 10% contingency for construction management, totals $510,000.00, which is within the $512,000.00 project budget. The base bid includes the construction of a 12' wide trail from 1st Avenue S to Campus Drive SW and a pedestrian traffic signal at 1st Avenue S. The selected design alternative extended the trail 860' beyond the Aquatic Center parking lot as originally proposed. In addition to the base bid we are bidding four (4) alternatives to be constructed if funds allow. Land Use/Transportation Committee Memorandum June 10, 1997 Page Two 1). Concrete Entrance Plazas Estimated Cost $4,500 2). AQu tic Center Parking Lot Connection Estimated Cost $10,400 3) Overlook Trail Estimated Cost $8,600 4) West Campus Trail Connection Estimated Cost $5,100 The Interlocal Agreement between the City of Federal Way and King County for Use of Aquatic Center Property for Bicycle Trail Improvements is attached. The agreement has been approved through both City and County legal departments and parks departments as to form and content. Land Use/Transportation Committee to recommend the following: 1). Approve the final design of the BPA Trail Phase H. 2). Authorize the staff to bid the project as outlined in the memo. Bids will be brought back to the Land Use/Transportation Committee for approval and award. 3). Approve the King County Interlocal Agreement and authorize the City Manager to execute the Agreement. cc: Cary M. Roe, Public Works Director Project File/Day File KALUMBPAIIBIDAi M INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND KING COUNTY FOR USE OF AQUATIC CENTER PROPERTY FOR BICYCLE TRAIL IMPROVEMENTS This Agreement is dated effective the day of June 1996 and is made and entered into by and between the City of Federal Way (hereinafter "City") and King County (hereinafter "County"), collectively "Parties". WITNESSETH that: 1. The City and the County share the common goal of seeking to develop bicycle trail facilities in Federal Way. The County supports the BPA Trail under its King County Regional Trails Plan. The regional goal is to link the BPA Trail in Federal Way with the Interurban Trail in Auburn and North Tacoma, and 2. Chapter 39.34 of the Revised Code of Washington (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of local communities; and 3. Both the County and the City can achieve benefits in the public interest by combining their efforts to provide for multi- purpose trail access. NOW, THEREFORE, it is hereby covenanted and agreed to by and between the Parties hereto as follows: I. AUTHORIZATION OF ACCESS The County hereby authorizes the City the right of access across County property for purposes of construction, use and maintenance of an extension to the Bonneville Power Administration (hereinafter "BPA") bicycle trail (hereinafter "Trail"). II. SCOPE OF ACCESS 2.1 General Location and Description of Bicycle Trail. The proposed Trail is Phase II of the bicycle trail currently known as the "BPA Trail," which is located primarily on the BPA right-of-way in Federal Way. The Trail will diverge from the BPA easement at Panther Lake Park and is to be aligned around the east and south sides of the King County Aquatic Center property as shown on Exhibit "A," which is attached hereto and incorporated by this reference. The Trail will be asphalt, twelve feet (12') in width. with two feet (21) wide asphalt and compacted earth shoulders. 2.2 Date. The City plans to begin construction of the Trail in August of 1996. Temporary construction safety fencing and temporary erosion control silt fencing will be erected on County land during the construction period. 2.3 Use of Property. Use of County property for Trail purposes is consented to in two locations: a) New Aquatic Center parking lot, and b) Campus Drive S.W. street frontage location as shown on Exhibit "B," which is attached hereto and incorporated by this reference. The usages anticipated will be as follows: a. The Aquatic Center's new parking lot will be connected by a six foot wide spur trail leading from the main bike trail alignment. The spur is intended to provide access to the main Trail. b. The Trail will encroach onto County land north of S.W. Campus Drive at the far easternmost edge of County property. The Trail will be located between the existing Aquatic Center south parking lot and the bioswale for the parking lot. The encroachment areas are shown in Exhibit "B". A guardrail and wall, trailhead plaza, street crossing warning sign, removable bollards and the asphalt Trail will be constructed on County property. One tree will be replaced, landscape plantings will be added, and irrigation will be adjusted. III. APPLICABLE PROCESS 3.1 Compliance with Codes. The Trail shall be developed pursuant to all applicable codes, regulations, and ordinances of the City of Federal Way. 3.2 SEPA. This Project has been reviewed under the State Environmental Protection Act. Pursuant to WAC 197-11-296, if two or more agencies share in the implementation of a proposal, the agencies shall by agreement determine which agency shall be the lead agency. Pursuant to WAC 197-11-944, the County and the City hereby designate the City as the nominal lead agency, whereby the City shall be responsible for complying with the duties of the lead agency under all applicable SEPA rules. IV. OPERATIONS AND MAINTENANCE 4.1 Upon final completion and acceptance of the construction of the Trail, the operations, use and maintenance of the Trail shall be the responsibility of the City. - 2 - V. INSURANCE 5.1 Amount. It is hereby understood and agreed that the City shall obtain and maintain public liability insurance in an amount not less than ONE MILLION AND N0/100 DOLLARS ($1,000,000.00) single limit liability. 5.2 Certificate. The City shall provide the County with a certificate of public liability insurance naming the County as an additional insured and showing proof of the required insurance coverage. Insurance coverage shall be maintained at all times. VI. GENERAL PROVISIONS 6.1 Scheduling. Time is of the essence of this Agreement in each and all of its provisions in which performance is a factor. The Parties commit to exert all reasonable efforts to adhere to completion dates contained herein. 6.2 Term. This Agreement, for purposes of compliance with RCW 39.34.030(3) and 39.34.030(4)(B) shall be for the time the trail remains in use. 6.3 Administration. The responsibility for overseeing the compliance with the provisions of this Agreement shall be handled jointly between the Parties, and no separate legal or administrative entity shall be formed by the Parties for such purpose. The contract representative for the City shall be Kenneth E. Nyberg, 33530 1st Way South, Federal Way, Washington 98003. The contract administrator on behalf of the County shall be Clint Lank, Administrator, Office of Program Development and Land Management. 6.4 Indemnification. The City agrees to hold harmless, indemnify and defend at its own expense the County and its officers, agents, and employees from and against any and all claims, judgments, actions, suits, liabilities (including costs and all attorney fees) , loss, costs, expenses, or damages arising out of or in any way resulting from the negligent acts or omissions of the City, its officers, employees and/or agents, in the course of its performance under this Agreement. The County agrees to hold harmless, indemnify and defend at its own expense the City, its officers, agents, and employees from and against any and all claims, judgments, actions, suits, liabilities (including costs and all attorney fees), loss, costs, expenses, or damages arising out of or in any way resulting from the negligent acts or omissions of the County, its officers, employees, agents, elected officials - 3 - and/or volunteers, in the course of its performance under this Agreement. If any claim, judgment, action, suit, liability, loss, cost, expenses, or damage arises out of or result from the joint negligent acts or omissions of both the County and the City, each party shall be responsible for its own share of any resulting liability. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. A required specification in any contract awarded to a Contractor for the construction of the Trail shall contain a provision binding Contractor to hold harmless, indemnify and defend at its own expense the County and its officers, agents and employees from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever which are caused by or results from the negligent act(s) or omission(s) of Contractor, its officers, employees, agents, or subcontractors in the performance of, or in any way relating to the contract between the City and the Contractor. 6.5 Alterations. Any alterations to the trail or related trail improvements shall be agreed upon in advance of work by both Parties. 6.6 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 6.7 Modification. No provision of this Agreement may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 6.8 Full Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 6.9 Attorney Fees. In the event the City or the County defaults on the performance of any terms in this Agreement, and the County or City places the enforcement of the Agreement or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorney's fees, costs and expenses. The venue for any - 4 - dispute related to this Agreement shall be King County, Washington. 6.10 No Waiver. Failure of either Party to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default, but either Party shall have the right to declare any such breach or default at any time and take such actions that might be lawful or authorized hereunder either at law or in equity. Failure of the either Party to declare one breach or default does not act as a waiver of either Party's right to declare another breach or default. IN WITNESS whereof the Parties have executed this Agreement the day and year set forth below. CITY OF FEDERAL WAY By: Kenneth E. Nyberg Its City Manager 33530 1st Way South Federal Way, WA 98003 APPROVED AS TO FORM: Londi K. Lindell City Attorney - 5 - KING COUNTY By: Craig Larsen Its Director for King County Executive King County Courthouse Seattle, WA 98104 APPROVED AS TO FORM: King County Attorney EXHIBIT A King County Aquatic Center OVERALL SITE PLAN EXHIBIT B Panther Lake Park and BPA Bicycle Trail Phase II G G� o PaJ j - G�/ Aquatic Center oizOF FUTURE PHASE 3 TRAIL CONNECTION_ COW-VEle PAVW. TRAILI EAD PLAZA r _ y_ / E,Y OTl E � OVABLE BOLLARDS EXISTING C,.'R6 EXISTING CLRB EXISTING �. \ �l PARKING $TREE" CROSSINC- % / `O -- — — — — — WARNING SIG NN `RATION ✓JADE ` - Bicycle Trail EL W. %4Nd, dl ---,IMPACTED WETLA'.0 2.065 SF c 047 AC.' \ 1 Df`Lirle xTED 9'-6' X 6'-5' CULVERT ' • : — SLRVEYED EDGE OF PI:. -r -R 1 �\ �• ; �.. CENTERLINE OF �• \ ` \; XISTINGBIOSWALE Panther Lake Park eOFAr.�y DATE: June 5, 1996 TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Ken Miller, Street Systems Manager SUBJECT: Authorization to Bid The 1996 Sidewalk Replacement Project Staff has developed a project for the 1996 Sidewalk Replacement Project based upon the sidewalk inventory data, complaints and field reconnaissance. The project will consist of replacing sidewalk, curb and gutter, upgrading existing wheelchair ramps to meet current ADA standards, and tree removal, along South and Southwest 320th Street, from I-5 to 47th Avenue Southwest, and 21st Ave SW from Dash Pt. Rd. To SW 336th Street (see attached map). The budget for this project is approximately $61,183. The contract documents are 90% complete and we anticipate awarding this contract in August, 1996. Construction of the project is scheduled to begin in September, 1996 and be completed by December, 1996. Forward the following recommendations to the July 2, 1996 Council meeting for approval. 1) The 1996 Sidewalk Replacement Project as delineated on the attached map. 2) Authorize staff to bid the project. Bids will be brought directly back to Council for award of the contract if within project budget. 3) Place the above recommendations on the consent agenda of the July 2, 1996 Council Meeting. cc: Cary M. Roe, Public Works Director Project File/Day File K:\LUTC\96SWBID.MEM %I— J4 E 1996 Sidewalk Replacement Project) i 272ND � ALT 1 I 5 ( lj LO J 304TH r7 T P SW 312T S L cn S u) ST EL 1 W3 HST ) S 3 6TH ST A j Q z S 48TW ST 35 H T - to / Z �1 w S 373F�/ Z� � -Al % _ P.APU BWKS\STREETS\955bWGiN 6-5-46 CITY OF G Friel - DATE: June 11, 1996 TO. Phil Watkins, Chair Land Use/Transportation Committee FROM: Ken Miller, Street Systems Manager SUBJECT: Dash Point Road (SR 509) Channelization Interlocal Agreement with the Washington State Department of Transportation The City is responsible for maintenance of State routes in the City limits and the WSDOT is responsible for major rehabilitation projects on these routes. The WSDOT's pavement management program identified Dash Point Road from the Pierce County line to 21st Avenue SW to be asphalt overlayed in 1996. As a part of the rehabilitation project, the WSDOT requested our input on the project. In response, City staff suggested using raised pavement markers (RPM'S) in lieu of paint for road channelization. The City has installed RPM's on arterial streets as they are overlayed for safety and to reduce maintenance. Dash Point Road has several severe curves and the installation of RPM'S will help make this a safer road. The WSDOT will install RPM'S but at an estimated cost to the City of $21,417.17. A copy of the Interlocal Agreement to complete this work is attached. It is recommended that if approved the $21,417.17 is funded from unappropriated streets capital fund. Land Use/Transportation Committee to recommend the following: 1) . Approve the WSDOT/Federal Way Interlocal for delineation of Dash Point Road (SR 509). 2). Authorize the City manager to execute the agreement. 3). Approve funding the $21,417.17 estimated cost from unappropriated streets capital fund. 4). Place the above recommendations on the consent agenda of the July 2, 1996 Council meeting. cc: Cary M. Roe, Public Works Director Project File/Day File K:\LUTC\SR509I-A.MEM .r'�' r A. AMbk Department Washington State po rtment of Transportation ORGANIZATION AND ADDRESS Local Agency City of Federal Way Participating 33530 1st Way South Agreement Federal Way WA 95003 Work by State — Actual Cost AGREEMENT NUMBER GCA 0265 STATE ROUTE CONTROL SECTION REGION NUMBER NUMBER 509 1730 NW ADVANCE PAYMENT AMOUNT 3,215 F. B. Holt Bridge to 21st Ave. SW DESCRIPTION OF WORK Striping THIS AGREEMENT, made and entered into this day of , 19 , between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE", and the above named organization, hereinafter called the "LOCAL AGENCY". WHEREAS, the STATE is planning the construction or improvement of a section of the state route as shown above, and in connection therewith, the LOCAL AGENCY has requested that the STATE perform certain work as herein described, and/or is responsible for a portion of the work as provided for under WAC 468-18-W5)(d), and WHEREAS, it is deemed to be in the best interest for the STATE to include the necessary items of work in the STATE's construction contract proposed for the improvement of this section of State Highway, and WHEREAS, the LOCAL AGENCY is obligated for the cost of work described herein. NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances wined herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1 GENERAL The STATE, as agent acting for and on behalf of the LOCAL AGENCY, agrees to perform the above "Description of Work". Plans, specifications and cost estimates shall be prepared by the STATE in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Con- struction, and amendments thereto, and adopted design standards, unless otherwise noted. The STATE will incorporate the plans and specifications into the STATE's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is awarded, administer the contract. The LOCAL AGENCY hereby approves the plans and specifications for the described work as shown on Exhibit `B", attached hereto and by this reference made a part of this AGREEMENT. The LOCAL AGENCY may, if it desires, furnish an inspec- tor on the project. Any costs for such inspection will be bome solely by the LOCAL AGENCY. All contact between said inspector and the STATE's contractor shall be through the STATE's representative The LOCAL AGENCY agrees, upon satisfactory completion ,)f the work involved, to deliver a letter of acceptance which shall aclude a release and waiver of all future claims or demands of any nature resulting from the performance of the work under this AGREEMENT. DOT Form 224-065 Revised 8/94 If a letter of acceptance is not received by the STATE within 90 days following completion of the work, the work will be considered accepted by the LOCAL AGENCY and shall release the STATE from all future claims and demands of any nature resulting from the performance of the work under this AGREEMENT. The LOCAL AGENCY may withhold this acceptance of work by submitting written notification to the STATE within the 90 -day period. This notification shall include the reasons for withholding the acceptance. 11 PAYMENT The LOCAL AGENCY, in consideration of the faithful performance of the work to be done by the STATE, agrees to reimburse the STATE for the actual direct and related indirect cost of the work. An itemized estimate of cost for work to be performed by the STATE at the LOCAL AGENCY's expense is marked Exhibit "A", and is attached hereto and by this reference made a part of this AGREEMENT. Partial payments shall be made by the LOCAL AGENCY, upon request of the STATE, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. awn r cuco I I I `I&ftU4. 1 1 /\U V YYYr1 By The LOCAL AGENCY agrees to make payment for the work to be done by the STATE within thirty (30) days from receipt of billing from the STATE. The LOCAL AGENCY agrees that if payment for the work is not made within ninety (90) days after receipt of billing the STATE may withhold any tax monies which the LOCAL AGENCY is entitled to receive from the Motor Vehicle Fund until payment for the work is received by the STATE. The LOCAL AGENCY agrees to pay the STATE the "Advance Payment Amount" stated above within 20 days after the STATE submits its fust partial payment request to the LOCAL AGENCY. The advance payment represents approximately fifteen (15) percent of the estimate of cost and covers costs incurred by the STATE in the initial stages of the project. The advance payment will be carried throughout the life of the project with final adjustment made in the final payment. 111 DELETION OF WORK In the event the estimate of cost, EXHIBIT "A", is in excess of $10,000 and the total actual bid prices for the work covered by this AGREEMENT exceeds the estimate of costs by more than 15 percent, the LOCAL AGENCY shall have the option of directing the STATE to delete all or a portion of the work covered by this AGREEMENT from the STATE's contract. Except, that this provision shall be null and void if the LOCAL AGENCY's portion of the work exceeds 20 percent of the actual total contract bid price, or if the LOCAL AGENCY is responsible for the costs under state law or the Washington Administrative Code WAC 468-18-040(5)(d). The LOCAL AGENCY shall have five (5) working days from the date of written notification to inform the STATE to delete the work. Should the LOCAL AGENCY exercise its option to delete the work, the LOCAL AGENCY agrees, upon billing by the STATE, to reimburse the STATE for preliminary engineering costs incurred by the STATE to include the work covered by this AGREEMENT in the STATE's contract. IV EXTRA WORK In the event unforeseen conditions require an increase in the cost of 25 percent of more from that agreed to on Exhibit "A", this AGREEMENT will be modified by a supplement AGREE- MENT covering said increase. In the event it is determined that any change from the description of work contained in this AGREEMENT is required, approval must be secured from the LOCAL AGENCY prior to the beginning of such work. Where the change is substantial, written approval must be secured. Reimbursement fbr increased; 4ork and/or 1i substantial change in the description of work shall be limited to costs covered by a written modification, change order or extra work order approved by the LOCAL AGENCY. V RIGHT OF ENTRY The LOCAL AGENCY hereby grants and conveys to the STATE the right of entry upon all land which the LOCAL AGENCY has interest, within or adjacent to the right of way of the highway, for the purpose of constructing and if necessary, maintaining said improvements. Upon completion of the work outlined herein, all future operation and maintenance of the LOCAL AGENCY's facilities shall be at the sole cost of the LOCAL AGENCY and without expense to the STATE. VI LEGAL RELATIONS No liability shall attach to the STATE or the LOCAL AGENCY by reason of entering into this AGREEMENT except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. LOCAL AGENCY By: STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION Title: By: DOT Form 224-065 Revised 8194 AMOM r O.LAM i..... ......y a..o!' \UL/ •`s+;'l� �;Y�}m U V.LJ d44 —1--V dy vA Al xlom aqi so; luaujAud xpw of same ADNaOd "Iv,O'I au.L SUMMARY ESTIMATE OF COST SR -509 N.B. Hoit Br to 21st Ave SW Delineation Constnlction Subtotal ................. $ 16,918.00 Sales Tax @ 8.2% ...........................1,387.28 SUBTOTAL S 18,305.28 Eng & Admin @ 12.0% ................ 2,196.63 Contingencies a. 5.0 % ..................915.26 CONTRACT TOTAL S21,417.17 GCA 0265 GCA26502.EST EXHIBIT A oan_i-�_cura �Itotl•OZ.� I UNIT ITEM UNIT PRICE QUANT COST Mobilization LS. LS LS $ 1,538.00 White Plastic Rumble Bar EA 10.00 38 380.00 Raised Pavement Marker Type 1 Hund 150.00 70 10,500.00 Raised Pavement Marker Type 2 Hund 250.00 18 4,500.00 SUBTOTAL $ 16,918.00 Constnlction Subtotal ................. $ 16,918.00 Sales Tax @ 8.2% ...........................1,387.28 SUBTOTAL S 18,305.28 Eng & Admin @ 12.0% ................ 2,196.63 Contingencies a. 5.0 % ..................915.26 CONTRACT TOTAL S21,417.17 GCA 0265 GCA26502.EST EXHIBIT A oan_i-�_cura �Itotl•OZ.� I d,I w O ZCL c,.� U') O w U M o WV) O Ql Qi o d 0 W 0 z_ N z O F -- UO W Wj Q N F- 0rn::: Ln ° Ofn.. 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O O = Z In L v > W F - o w L-0 g Z ow ___I c U L O n N pnL br N � c� Th Q At .0 p ga �O 0 CITY OF FEDERAL WAY MEMORANDUM DATE: June 12, 1996 TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Cary Roe, Director of Public Works Fay Schaff, Traffic Analyst -- RE: Revisions To Commute Trip Reduction (CTR) Incentive Program Background At the January 22, 1996 Land UWrransportation Committee meeting, staff presented a proposed Commute Trip Reduction (CTR) Incentive Program designed to encourage the reduction of single occupancy vehicles (SOV) that commute to work by providing viable options and alternatives to commuters (see attached memorandum to the Land Use/Transportation Committee dated January 229 1996). The Committee approved the concept of the Incentive Program and forwarded to full City Council for approval. At its February 6, 1996 meeting, the City Council approved the Incentive Program and authorized the City Manager to execute an agreement with King County Metro to implement the program (see attached City Council Agenda Item dated February 6, 1996). Revisions The CTR Incentive Program is being brought back to the Committee in order to clarify a previous assumption that the City's CTR "reserve" funds could be used to fund a program that is only available to City of Federal Way employees. "Reserve" funds refer to each jurisdiction's state - allocated CTR funds that remain after Metro contracts. State guidelines require that these funds to be used for activities and products that will be available to all CTR affected employers and not just one particular employer such as the City. Therefore, how the CTR Incentive Program is funded and who the program participants are, needs to be re-evaluated. The following is a list of potential options to assist the Committee in discussing the potential alternatives. Options 1. Offer the CTR Incentive Program to City employees only. King County Metro has now offered to fund the Transit Subsidy Program for the initial 6 months of the program rather than the 3 months that was originally offered. City funds will not be required for the 1996 budget year. However, for the 1997 and 1998 budget years, appropriate sources of funding will need to be identified and allocated to cover the cost of the program. The table on the following page summarizes the recommended actions and the potential cost to Federal Way to implement the City's Incentive Program. "Option 1" Incentives for Citv of Federal Wav Emnlovep-q Recommended Program Addition Estimated First Year Cost Estimated Second Year Cost (with Metro grant (Grant not available) contribution) Guaranteed Ride Home $0 $250 Emergency ride for users of all alternative modes. Metro Grant funds 100% (125 empl. x $2.00=$250) Provides security for commuters. Effective in shifting SOV's to HOV's when combined with other incentives. Contract with Metro's Home Free Guarantee program at $2.00 per person per year for all City employees. Limit 8 rides/person/year, and 60 miles per ride. Bus. DART. Vannool, Ferry Subsidy $990* $1,980* Voucher to supplement fares. Provides one (11 empl. x $15 x (11 empl. x $15 x 12 mecbanism to subsidize multiple transit systems. 6mos=$990) =$1980) Purchase "Commuter Bonus" vouchers at a Metro grant pays for 6 recommended $15 per month/user to supplement months fares. Estimated use is 8.S% of employees or 11 employees (125 x 8.5% = 11) Increased visibility for current pmgmm elements Minimal Minimal Increase visibility of current program elements mchuding internal ridematch, preferential parking, bicycle facilities, compressed work weeks and telecommuting. TOTAL $990 $2,230 *Note, cost estimates are high; based on the usage for transit necessary to help meet 1997 CTR goals. 2. Offer CTR incentives to all CTR -affected employers in Federal Way for a limited time. The City's CTR "reserve" funds and Metro grant funds could be used as seed money to initiate and test selected incentives at CTR worksites. Based on the 1995 CTR survey results, most Federal Way worksites have not met their 1995 CTR goals and will be required to add program elements to meet the 1997 goal. Metro found that Federal Way's employers will have the most success with CTR program elements that support ridesharing and DART and allow for flexibility between modes and transit agencies. The proposed incentives will help affected employers to make progress toward meeting the CTR goals. The Incentive Program will be offered to all affected employers who are not currently offering the proposed incentives and to the new users at the worksites that are currently offering the incentives. The following table summarizes the proposed Incentive Program and the estimated cost to implement the program. N O V 3. Allocate CTR funds to each affected worksite and allow the employer to select the Incentive Programs that would best help them reach the 1997 CTR goals. Funding for this option would come primarily from Metro Grant sources ($10,000) and the City's CTR "reserve funds" ($20,000). The CTR funds would be allocated to each affected worksite according to the number of affected employees. The employers will use the allocated funds to implement program elements that work best for their worksites based on the following criteria: -Individual site survey data analysis -Worksite characteristics -Business operation requirements -Corporate culture -Access to transit -Parking -Existing program elements -Employees' current commute patterns and preferences -Analysis of current drive -alone commuter's potential to shift to various alternative modes. The affected employers will be required to administer the program and promote incentives to employees as part of CTR Program and to develop internal guidelines for eligibility (e.g. number of days per month using mode, etc). Metro will administer the program and distribute the incentive vouchers to the employers per Federal Way Network Agreement. The incentives will be offered until funds are exhausted. S ource of Funds City funds will need to be allocated to cover the cost of the Incentive Program discussed in Option 1 for 1997 and beyond if this option is selected. Options 2 and 3 can be funded with the City's CTR "reserve" funds. City records indicate that there are sufficient funds in the CTR reserve account to cover the cost of the proposed Incentive Programs for option 2 or 3. As of June 7th, 1996, there is approximately $50,000 available in the account. The City of Federal Way will receive a total of $26,895 in CTR funds in 1996, of which an estimated $23,473 will be contracted with Metro for implementation and administration of the CTR Program and an estimated $1,000 will be used for promotional expenditures. The state -allocated CTR funds are distributed according to the number of affected employers within the City. The Incentive Program should be evaluated on a semi-annual basis to determine whether or not CTR funds and Metro grants will be available to continue the program. Recommendations Staff is requesting direction from the Committee as to which of the three options or potential other options the Committee may deem appropriate to implement for Federal Way. Staff further requests that the Committee forward their recommendation to the July 2, 1996 City Council meeting for consideration and authorize the City Manager to execute an agreement with King County Metro to implement the program. Staff will be present at the June 17, 1996 Committee meeting to present the options discussed and to answer any questions the Committee members may have. KATRAFFICTTRAU MO. WPD CITY OF FEDERAL WAY MEMORANDUM DATE: January 16, 1996 TO: Phil Watkins, Chair Land Use / Transportation Committee FROM: Sap�ari, City Traffic Engineer SUBJECT: Proposed Commute Trip Reduction (CTR) Incentive Progntm Affected employers are required to develop and implement a program designed to reduce drive alone commuting to their worksites by encouraging their affected employers to carpool, vanpool, take the bus, ride a bicycle, walk, or telecommute instead of driving alone to work. The goals are to reduce vehicle miles traveled (VMT) per employee trips by: 15% by 1995, 25% by 1997, and 35% by 1999. 1995 CTR Survey Results: Federal Way employees current drive alone rate is 87.6% which falls short of its 1995 goal of 72.5%. The City of Federal Way will be required to take additional actions to reduce their employees drive alone commuting. Following are suggested actions and potential cost to Federal Way to implement an incentive program. Some of the following can be funded in part by Metro grant and Federal Way's State CTR funds as part of the CTR incentives proposed for joint funding: Recommended Program Addition Estimated First Year Cost (with Metro grant contribution) Estimated Second Year Cost (Grant not available) Guaranteed Ride Home $0 $250* Emergency ride for users of all alternative Metro Grant funds 100% (125 empl. z $2.00=$250) modes. Provides security for commuters. Effective in shifting SOV's to HOV's when combined with other incentives. Contract with Metro's Home Free Guarantee program at $2.00 per person per year for all city employees. Limit 8 rides/person/year, and 60 miles per ride. Recommended Program Addition Estimated First Year Cost Estimated Second Year (with Metro grant Cost (Grant not available) contribution) Bus, DART, Vanpool, Ferry Subsidy $1,485** $1,980** Voucher to supplement fares. Provides one (11 empl. x $15 x (11 empl. x $15 x 12 mechanism to subsidize multiple transit systems. 9mos=$1,485) =11980) Purchase 'Commuter Bonus" vouchers at a Metro grant pays for 3 e recommended $15 per month per year user to months supplement fares. Estimated use is 8.5 % of employees or 11 employees (125 x 8.5% = 11) Increased visibility for current program elements Minimal Minimal Increase visibility of current program elements including internal ridematch, preferential parking, bicycle facilities, compressed work weeks and telecommuting. TOTAL. $1,485 $2,230 *Second year estimate is a flat reate based on usage during the first year. Local experience indicates that 90 % of employers who participate in the program maintain their initial year program rate. - **Note, cost estimates are high; based ont he usage for transit necessary to help meet 1997 CTR goals. Recommendation: The Committee to consider the proposed incentive programs described and forward to full City Council for approval. x:u vrOCTRI acENMEM c MEETING DATE: 02/06/96 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: CTR INCENTIVE PROGRAM CATEGORY: BUDGET IMPACT: -X-CONSENT _RESOLUTION _ORDINANCE STAFF REPORT Amount Budgeted: $ _BUSINESS PROCLAMATION Expenditure Amt: $ _HEARING STUDY SESSION Contingency Reqd: $ FYI OTHER ATTACB31ENTS: January 22, 1996 Memorandum to Land Use/Transportation Committee SUMIIIARY/BACKGROUND: At the January 22, 1996 Land Use/Transportation Committee meeting, staff presented a proposed Commute Trip Reduction (CTR) Incentive Program designed to encourage the reduction of single occupancy vehicles that commute to work by providing viable options and alternatives to commuters. (See attached Memorandum to the Land Use/Transportation Committee dated January 22, 1996). Staff recommended that the Land Use/Transportation Committee approve the concept and forward the CTR Incentive Program to the full City Council for approval and authorize the City Manager to execute an agreement with Metro to implement the program. CITY COUNCIL COMMITTEE RECOMMENDATION: At the January 22, 1996 Land Use Transportation Committee Meeting, the Committee unanimously approved the concept of the CTR incentive program and forwarded to full City Council for approval. CITY MANAGER RECOMMENDATION: APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED COUNCIL BILL #f _DENIED ORDINANCE 1# TABLED/DEFERRED/NO ACTION RESOLUTION ## K:\LUTCICTRI NCHN.CO V e."lk-. . h4 VVIN 0Q.-4-1 s L MEMO TO: Land Use Committee Members FROM: Kathy McClung, Deputy Development Services Director DATE: July 30, 1996 RE: Impact of Code on school portable projects The Federal Way City Code requires certain improvements be made to a site at the time that any expansion to the buildings is made. The improvements required to be brought into compliance with current regulations include parking and landscape buffers. Water quality requirements are also usually applied at the time of any remodeling or building addition. The City has worked out a system with the Federal Way School District whereby they can submit a site plan application for several portables on the site which they can install over a period of years. A standard site plan application is only valid for one year. This saves the School District time and money by receiving approvals in advance of when they need them. Often times the City must require that the school site's landscaping be brought up to Code. This was especially a problem in the early years of incorporation when the Code required schools to provide 30 feet of dense landscaping next to any residential properties. In 1994 the landscaping regulations were amended to require 10 feet of landscaping along all property lines. In addition to perimeter landscaping, additional landscaping may be required in parking lots. City staff recognize the significant cost that landscaping can add to a school portable project and have given credit for natural vegetation whenever possible and have granted administrative waivers when the criteria is met. Water quality improvements require immediate compliance according to the Code. Practically the City does not apply them unless there are other improvements occuring on the site. Typically only the drainage from the portable itself is addressed. Attached is a memo from Calvin Gasaway of Jeffrey Greene Associate Architects with a cost estimate for two particular school portables. If the Council wishes to change the way the Code has been applied to the school district then several options are available for the Council to consider: 1. Incorporate these issues into the amendments to the nonconforming chapter of the Code. This item is fairly high on the list of code amendments but is not on the schedule until next year. 2. Create a new code amendment request and prioritize where the Council feels is appropriate. 3. The definition for "non-conformance" in the Code is: "any use structure, lot, condition, activity or any other feature or element of private property or the use or utilization of private property that does not conform to any of the provisions of this chapter or that was not approved by the city through the appropriate decision making process required under this chapter." The City has always interpreted that it was not the Council's intent to have a different standard for business as we do for public agencies, therefore we have always applied the same standard to both. The Council could direct staff to only apply the non-conformance regulations to private property. This decision would apply to not only the School District projects, but also to the Water and Sewer District, King County, the Fire District and the City. 4. Currently the Code requires landscaping be installed prior to the certificate of occupancy being issued. There is an exemption that is good for 90 days under unusual circumstances. This part of the Code could be amended to allow for longer delays at the Director's discretion. This would not waive the requirement. It would only delay it. Before any decision is reached the following is offered for consideration: * The landscaping and other costs to bring the site up to code when adding a portable structure is also an issue for churches and businesses. * Occasionally the City receives calls from residents who are not happy at the prospect of looking at the side of a portable. * Portable structures often remain on the site for many years. * Landscaping around schools can also be a safety and security issue.