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07-19-2022 Council Packet - Regular1k CITY OF 1 Federal Wayv� Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall - Council Chambers* *remote attendance option available via zoom July 19, 2022 - 6:30 p.m. The Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unable to attend in person: • Watch the meeting live via Zoom, Federal Way YouTube Channel, or FWTV Channel 21 (via Comcast) • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted in -person or online here; written comments are accepted here. • Zoom meeting code: 363 503 282 and passcode: 738163 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MAYOR'S KEY TO THE CITY — CHERYL HURST The City Council will take a brief recess honoring community volunteer Cheryl Hurst 4. MAYOR'S EMERGING ISSUES AND REPORT • Kiwanis 6611 Annual Salmon Bake — July 22 at Steel Lake Park • Movies at Town Square Park — July 23 "Encanto"; August 13 "Jungle Cruise" • Upcoming Events: National Night Out on Tuesday, August 2 in neighborhoods throughout the city; Rhythm and Brews at Town Square Park on July 30 • City Council meeting schedule for August 5. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Deputy Mayor & Regional Committees Report • Council President Report 7. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: July 5, 2022 Regular and Special Meeting Minutes b. 2022 Citywide ADA Retrofits, 85% Design Report and Authorization to Bid c. 2022 Pavement Repair Project Bid Award d. Adaptive Traffic Signal Control — City Center — Phase 2 Bid Award e. Citywide Pedestrian Safety Improvements 30% Design Report f. 21st Ave S and S 320th Signalization and Pedestrian Improvements 30% Design Report g. S 288th Street Road Diet — 30% Design Status Report h. USIC Locating Services, LLC - Amendment 2 Underground Utility Locating i. Authorization to Apply for Transportation Grants J. Sound Transit Laurelwood Park Easement Agreement 8. COUNCIL BUSINESS a. Joint Use Operation and Maintenance Facility Site Selection (continued from June 21, 2022 and July 5, 2022 Regular Meetings) • Updated Staff Report: Desiree Winkler, Deputy Public Works Director b. Discussion on Citv Council ARPA Priorities • Staff Report: Brian Davis, Interim City Administrator & Steve Groom, Finance Director The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 9. ORDINANCE First Reading & Enactment: a. Council Business #827/Ordinance Relating to Protection Orders State Statute Updates AN ORDINANCE of the City of Federal Way, Washington, relating to protection orders and other associated recent state law changes; Amending FWRC 6.35.040, 6.35.050, 6.35.060, 6.35.070, 6.05.080, and 6.35.090. (Amending Ordinance Nos. 09-601, 06-526, 03-445, 00-374, 97-297, 97-299, and 91-89). • Staff Report: Ryan Call, City Attorney • Citizen Comment — 3 minutes each 10. COUNCIL REPORTS 11. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. COUNCIL MEETING DATE: July 19, 2022 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES ITEM #: -7a - POLICY QUESTION: Should the City Council approve the draft minutes for the July 5, 2022 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, C�Clerk DEPT: Mayor's Office Attachments: Draft minutes for the July 5, 2022 Regular and Special Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date N/A CITY CLERK APPROVAL: d) 01(1N00" Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOH- TO BE COMPLETED BY CITY CLERKS OF, COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CIT Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers* *remote attendance option available via zoom July 5, 2022 — 6:30 p.m. SCANNED 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:30 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. Mayor Ferrell noted the Public Hearing advertised for this meeting would likely be postponed by Council action, to the August 9, 2022 regular meeting. This item is related to the development of the former Bally's property. Council concurred to address this item out of order. PUBLIC HEARING (8a) a. 2021 Comprehensive Plan Amendment and Development Agreement for former Bally's property COUNCILMEMBER DOVEY MOVED TO POSTPONE THE 2021 COMPREHENSIVE PLAN AMENDMENT AND DEVELOPMENT AGREEMENT PUBLIC HEARING TO THE AUGUST 9, 2022 REGULAR CITY COUNCIL MEETING; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Federal Way City Council Regular Minutes July 5, 2022 Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Page 1 of 7 3. MAYOR'S EMERGING ISSUES AND REPORT • Fireworks Enforcement Update Deputy Chief Kyle Sumpter was pleased to report that while the final numbers including the total for today (July 5) the report shows calls for service for both the Police Department and the Fire Department are significantly lower in 2022 than in the previous 5-year time period. Deputy Chief also noted the annual Red, White and Blues Festival at Celebration Park was the most family -friendly in recent memory with zero events to report. Mayor Ferrell and Council thanked Deputy Chief Sumpter and the Police Department for their work at the event and throughout the holiday weekend. Red, White and Blues Festival Report Parks Director John Hutton agreed with Deputy Chief Sumpter and noted the return of the Red, White and Blues Festival was a huge success and enjoyed by many. He thanked the Police Department staff for their presence and assistance; he also acknowledged the great entertainment and kids activities. Mr. Hutton also reported on a very successful Miles for Miso Run, benefiting Mesothelioma also happens every July 4. He thanked everyone who volunteered and for the 150 runners who participated. • Movies at Town Square Park Parks Director Hutton announced the upcoming Movies at Town Square Park. Disney's "Encanto" will play on July 23 and the "Jungle Cruise" will play on August 13. Movie night is a free, family -friendly event. • Recent Community Events Mayor Ferrell reported on the June 15 Chamber Quarterly City Update and noted the Juneteenth Flag'Raising and Events the weekend of June 17-20. • Upcoming Events Mayor Ferrell noted the Council reschedules the first meeting in August to allow Councilmembers to participate in National Night Out events in neighborhoods across the city on Tuesday, August 4. The second meeting in August is cancelled for summer break. He noted the only City Council meeting in August will be August 9, 2022. 4. PUBLIC COMMENT Dave Harrelson, 35-year resident, spoke in support of developing a Public Market which would be -available year-round to create central gathering place; a tourist attraction and a place to sell local products. He asked Council to consider a public market when discussing downtown re- development. Greg McCann, 25-year resident, spoke in support of developing a Public Market; surveys were collected at the Red, White and Blues festival with overwhelming support a public market. He spoke on behalf of a non-profit group which is fundraising and applying for grants to fund the next steps. Ideally a Public Market would be opened along with the Light Rail Station. Federal Way City Council Regular Minutes Page 2 of 7 July 5, 2022 Jan Barber, resident, reported the Lion's Club sponsored event "Make Music Federal Way" was a success. She spoke in concern with the development on the former Bally's site including concern with increased traffic and crime. She referenced a previously submitted petition from many of her neighbors outlining their concerns. Betty Taylor, resident, is concerned with speeding near her home at Traditions Senior Housing She would like the city to look at installing speed bumps to slow down traffic. Carolyn Davis, resident of Colonial Forrest, spoke in concern of increasing crime and vandalism over the last 30-years. She asked the property be developed into condominiums and not apartments. Geoffrey Tancredi, 25-year resident, spoke in continued concern about homeless encampments in the city. He would like to see the city address this issue and get drug addicts into treatment. Ken Bievens, 50-year resident, spoke in continued concern regarding encampments in the city and is frustrated homeless individuals are being dropped off in the city. He provided information on a coffee shop with safety concerns for early morning employees; he would like the laws changed. He requested an update on the shopping cart issue. 5. PRESENTATIONS a. Update on Declaration of Emergency City Attorney Ryan Call provided a brief update on the Mayor's action to rescind the Declaration of Emergency which was issued at the beginning of the pandemic, to ensure the city would continue to function. If action had been needed under this declaration; those items would have come back to Council for ratification. This process was not utilized since the pandemic did not hinder the city functions as Council meetings continued to be held remotely. Attorney Call read the declaration into the record which acknowledges there is no longer a threat and city staff are directed to follow the normal process of procurement. The Council thanked Mr. Call for the presentation and updated information. The Council also thanked the Mayor for rescinding the declaration and not waiting for the Governor to order such. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Walsh reported the next meeting will be July 12 and will include a discussion on the shopping cart situation. He noted he has reached out to large retailers in the city including Safeway, Costco, Walmart and Home Depot to discuss this issue. Land Use/Transportation Committee (LUTC): Chair Dovey reported the next meeting will be July 11. He noted the agenda is full and highlighted discussions on downtown impact fees and school impact fees. Finance, Economic Development Regional Affairs Committee (FEDRAC): Chair Tran reported on the June 28 meeting noting items passed committee are on the Consent agenda for final approval. The next meeting will be July 26 at 5:00 p.m. in Council Chambers. Federal Way City Council Regular Minutes Page 3 of 7 July 5, 2022 Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson reported the June meeting where the committee recommended approval of a grant, which is on the Consent agenda for final approval. The next meeting will be scheduled for July 13 at 10:00 a.m. Deputy Mayor & Regional Committees Report: Deputy Mayor Honda reported the next PIC meeting would be July 13 on Zoom. She provided a report on the AWC Conference including a walking tour of Vancouver's waterfront which showcased their long-term vision and effort for redevelopment. She noted AWC's upcoming Budget Workshop will be held in Leavenworth with focus on the role elected officials have in the budget process. Council President Report: Council President Kochmar also provided a report from the AWC Conference. She noted the walking tour of the downtown highlighted the need for thoughtful re- development and she would like to see the city look into federal funds such as the Main Street Program to create and develop an identifiable downtown and main street for Federal Way. 7. CONSENT AGENDA a. Minutes: June 21, 2022 Regular Meeting Minutes b. AP Vouchers 05/16/2022 — 06/15/2022 & Payroll Vouchers 05/01/2022 - 05/31/2022 c. Monthly Financial Report — May 2022 d. Increase in Funding for Parks Equipment Replacement e. Safe City Avigilon Server f. Purchase of Portable Surveillance Camera Trailers g. Tourism Enhancement Grant Recommendation 2022 — Evergreen District Barbershop Harmony Society COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A THROUGH G ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 8. PUBLIC HEARING This public hearing was postponed to the August 9, 2022 City Council meeting by Council action earlier in the meeting. 9. COUNCIL BUSINESS a. Youth Commission Appointment(s) Federal Way City Council Regular Minutes Page 4 of 7 July 5, 2022 COUNCILMEMBER WALSH MOVED TO APPOINT JUSTIN LOWY AND ALEXANDRE MILSTEN AS VOTING MEMBERS OF THE YOUTH COMMISSION WITH TERMS TO BEGIN SEPTEMBER 1, 2022 AND EXPIRE AUGUST 31, 2024; COUNCILMEMBER DOVEY SECOND. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes b. Senior Advisory Commission Appointment(s) DEPUTY MAYOR HONDA MOVED TO APPOINT VICKY FOREMAN AND CHERYL VOLHEIM AS VOTING MEMBERS TO THE SENIOR ADVISORY COMMISSION WITH TERMS TO BEGIN SEPTEMBER 1, 2022 AND EXPIRE AUGUST 31, 2025; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes c. Diversity Commission Appointment(s) COUNCILMEMBER WALSH MOVEDTHE APPOINTMENT OF SHERMOIN CLARDY AS VOTING MEMBER WITH A TERM TO EXPIRE MAY 31, 2025; LISA WALLACE AS VOTING MEMBER WITH A TERM TO EXPIRE MAY 31, 2023; TRACY MEYERS AS VOTING MEMBER WITH A TERM TO EXPIRE MAY 31, 2023; AND SAUDIA ABDULLAH AS AN ALTERNATE MEMBER WITH A TERM TO EXPIRE MAY 31, 2025; COUNCILMEMBER DOVEY SECOND. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes d. Joint Use Operation and Maintenance Facility Site Selection (continued from June 21, 2022 Regular Meeting) Deputy Public Works Director Desiree Winkler reviewed the presentation given at the previous meeting on June 21, 2022 and added additional information regarding questions raised. She provided the details of the programming and space requirements for the joint maintenance facility and highlighted the timeline of the process to -date. In addition to the sites previously identified; she added estimated cost information on sites identified by members of the Council at the previous meeting. Parks Director John Hutton provided information on the mitigation of moving the current skate park across the street and upgrading the Lakota Park (312th) ballfields with lights and irrigation which would create more availability for ball fields if Site 2 was selected as the preferred alternative. Federal Way City Council Regular Minutes Page 5 of 7 July 5, 2022 In response to questions from Council, Public Works Director EJ Walsh noted the original direction from Council at the start of this process, was to scope "like for like" and amenities such as in-house fueling and fleet maintenance, added as optional alternatives. Council expressed interest in adding the alternatives in at the beginning for a complete estimate of the project. Public Works Director Walsh and Finance Director Groom spoke to questions regarding the aspects of a funding package for this project. Councilmembers expressed concern over the additional time and cost of a condemnation process which might be included if Site 1 was selected. Council President Kochmar and Deputy Mayor Honda expressed opposition to Site 2 and the loss of any park space, or relocating the current skate park to the already over burdened Steel Lake Park. Councilmember Norton suggested the city require new developments include open green spaces in their downtown projects to increase the number of parks in the area. Multiple Councilmembers spoke in support of Site 2 as the most conservative option for the facility and were not supportive of the other two options which would raise the cost significantly. Director Walsh also provided the financial information on the suggestion to retain the current site and redevelop that site to park property. The current proposal included the proceeds of the sale of Site 1 to fulfill the Parks' share of the new facility cost, and if the property was not sold, that shortfall of revenue would be covered by the general fund. COUNCILMEMBER DOVEY MOVED TO SELECT "SITE 2" (SW CORNER OF S 312T" ST AND 28T" AVE S) AS THE SITE OF THE NEW JOINT USE OPERATIONS AND MAINTENANCE FACILITY AND AUTHORIZE $250,000 IN EXPENDITURES FROM UNALLOCATED CAPITAL IMPROVEMENT FUNDS TO ADVANCE PRELIMINARY DESIGN; COUNCILMEMBER NORTON SECOND. COUNCIL PRESIDENT KOCHMAR MOVED [TO AMEND THE MOTION] TO POSTPONE THE VOTE TO THE JULY 19, 2022 REGULAR MEETING; DEPUTY MAYOR HONDA SECOND. Councilmembers concurred to extend this issue to the next Council meeting in order to answer the remaining questions raised at this meeting. The motion to postpone passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 10. COUNCIL REPORTS Councilmember Assefa-Dawson shared information from the AWC conference regarding first responders pairing with mental health professionals; and discussions on the "Missing Middle" housing. While in Vancouver she toured a development of 20-tiny houses which are fully staffed 24/7 with connected services for homeless individuals. She attended the Red, White and Blues Festival and thanked the Parks and Police Departments for ensuring the event was enjoyable for all. Federal Way City Council Regular Minutes Page 6 of 7 July 5, 2022 Councilmember Norton congratulated the Parks Department for the wonderful July 4 event noting; this was her first large city event and she was pleased with the safe community feeling. She thanked everyone who participated in the Juneteenth events and thanked Evan Cook who is assisting with the Community Violence Prevention Meeting which meets the first Thursday of the month and is open to all. She thanked everyone who has been involved with this effort. Councilmember Tran noted he was sorry to miss the July 4 event; he was out of town with family for the holiday. He thanked the Mayor and Council for accommodating his travel schedule. Councilmember Walsh also extended kudos to the Parks and Police Departments for the wonderful event on July 4. He thanked his colleagues for working together and even when they disagree, they are not disagreeable. He also thanked the community who attend meetings and provide feedback to the Council. Councilmember Dovey passed an incident on Highway 99 with multiple fire trucks and police cars, that turned out to be a fundraiser for the Multi -Service Center; he was pleased to see such involvement in supporting the community. He highlighted a grant approved on the Consent Agenda which supports a local Barbershop Group, and also shared his enjoyment at the July 4 event where he connected with many friends and neighbors. Deputy Mayor Honda noted tickets are on sale for the 66th Annual Kiwanis Salmon Bake at Steel Lake Park; an alternative hot dog dinner is also available. She was pleased to see the "Coffee with a Cop" program return last Wednesday; she thanked the officers who participated. She thanked everyone who applied for the Commission appointments and noted there are many remaining openings, especially needed are Youth Commissioners. She noted there is only one Council meeting in August; and National Night Out on Tuesday, August 2. Council President Kochmar thanked Councilmember Dovey who purchased multiple Salmon Bake tickets to give to friends and family. She commented on the Annual Northlake Parade, currently in its 71 st year; and she thanked the Police Department and Parks Department staff for all their hard work on a wonderful community event on July 4. 11. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:09 p.m. Attest: Stephanie Courtney City Clerk Approved by Council - Federal Way City Council Regular Minutes Page 7 of 7 July 5, 2022 CITY OF Federal Way CITY COUNCIL SPECIAL MEETING MINUTES City Hall — Council Chambers* *remote attendance available via zoom July 5, 2022 — 5:00 p.m. 1. CALL MEETING TO ORDER Deputy Mayor Honda called the meeting to order at 5:00 p.m. SCANNED City officials in attendance: Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Attorney Ryan Call, and City Clerk Stephanie Courtney. 2. COMMISSION INTERVIEWS The Council interviewed applicants for the Youth, Senior Advisory, and Diversity Commissions. 3. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 5:45 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 July 5, 2022 COUNCIL MEETING DATE: July 19, 2022 ITEM #: 7b - - - - ------ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2022 ADA RETROFITS, 85% DESIGN REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete design and bid the 2022 ADA Retrofits Project and return to the LUTC and Council for bid award, further reports, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulk?E., Senior Capital Engineer JRM DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated July 11, 2022. Options Considered: 1. Authorize staff to complete the design and bid the 2022 ADA Retrofits Project and return to the LUTC and Council for bid award, further reports, and authorization 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the July 19, 2022 City Council Consent Agenda for approval. _ MAYOR APPROVAL: DIRECTOR APPROVAI.: C ni Cauncll � Initial/Date [ lt]law InitialJDate COMMITTEE RECO� :MENDATION: I move to forward Option 1 to the July 19, 2022 consent agenda for approval. .)ac ❑ove . Com iittee Chair �1ack' Walsh, Committee Member I [oa Trap. Committee Member PROPOSED COUNCIL MOTION: "I 7'.'to authorize staff to complete design and bid the 2022 ADA Retrofits Project and return to the LUTC andncil for bid award, further reports, and authorization. " (BELOW TO BE COMPLETED BYCITYCLERK'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 # CITY OF FEDERAL WAY MEMORANDUM DATE: July 11, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E. Public Works Director ��~ FROM: John Mulkey, P.E. Senior Capital Enginee JRM SUBJECT: 2022 Citywide ADA Retrofits, 85% Design Report and Authorization to Bid Financial Impacts: The cost to the City for the 2022 Citywide ADA Retrofits was included within the approved budget under the Public Works Department Budget Capital Project 36228. In accordance with the approved budget, this item is funded by Local Infrastructure Financing Tool (LIFT) and Traffic Mitigation Fee Funds. Upon completion of the 2022 Citywide ADA Retrofits no other costs are anticipated. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Sack round Information: The City is required by Federal Law to have an ADA Transition Plan in place to work towards removing barriers throughout the City. Part of that plan calls for City to designate funds to respond to issues brought up by users of our facilities. As a result of such discussions, it was brought to our attention that a previously approved standard application for curbing between ramp landings was causing a trip hazard difficulty for blind users of the facilities. The latest design calls for a different method that will eliminate the trip hazards. The following provides a brief synopsis of the progress on the project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • Project Design to 85% • Preliminary Contract Specifications • Environmental Documents — SEPA Exempt for Pedestrian facilities Ongoing Tasks Include: • Project Design to 100% • Contract Specifications to 100% • Plans to 100% Rev 6/2019 July 11, 2022 Land Use and Transportation Committee 2022 Citywide ADA Retrofits, 85% Design Report and Authorization to Bid Page 2 ESTIMATED EXPENDITURES: Design (by City stafji $15,000 2022 Construction Cost $115,500 10% Construction Contingency $11,500 Construction Management (by City staffi $13,000 TOTAL ESTIMATED EXPENDITURES $155,000 AVAILABLE FUNDING: Local Infrastructure Financing Tool (LIFT) funds $200,000 Mitigation/Traffic Impact Fees $200,000 TOTAL AVAILABLE FUNDING $400,000 FUNDING SUMMARY: Total Estimated Expenditures $155,000 Total Available Funding $400,000 PROJECT BUDGET BALANCE $245,000 After receiving bids, the total project costs will be refined and presented to the Committee and Council for bid award authorization. Staff anticipates bidding this project in August 2022. Construction is anticipated to be completed in Fall 2022. COUNCIL MEETING DATE: July 19, 2022 ITEM #: 7C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2022 PAVEMENT REPAIR PROJECT BID AWARD POLICY QUESTION: Should the Council award the 2022 Pavement Repair Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Capital Engineer •Z`A DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated July 11, 2022 2. Bid Tabulation Options Considered: 1. Award the 2022 Pavement Repair Project to Puget Paving and Construction, Inc., the lowest responsive, responsible bidder, in the amount of $317,943.40 and approve a contingency of $32,056.60 for a maximum contract amount of $350,000.00 and authorize the Mayor to execute the contract. 2. Do not approve the proposed award for the 2022 Pavement Repair Project and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: t 1�/ -7 [nnial! COINIMITTEE RECOMMENDATION: I move to Chair DIRECTOR APPROVAL31*!>— Initial/Date Option I to the July 19, 2022 consent agenda for approval. Walsh, Committee Member r Committee Member PROPOSED COUNCIL MOTION: "I n&(,e to award the 2022 Pavement Repair Project to Puget Paving and Construction, Inc., the lowest responsive, responsible bidder, in the amount of $317,943.40 and approve a contingency of $32, 056.60 for a maximum contract amount of $350, 000.00 and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION 4 CITY OF FEDERAL WAY MEMORANDUM DATE: July 11, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor �/ /1j1//L- FROM: EJ Walsh, RE, Public Works Dir for Jeff Huynh, Capital Engineer � SUBJECT: 2022 Pavement Repair Project Bid Award Financial Impacts: The cost to the City for the 2022 Pavement Repair Project was included within the approved budget under the Public Works Department, 101 Fund Maintenance contracts. In accordance with the approved budget, this item is funded by $100,000 from 101 Fund maintenance contracts budget and $250,000.00 from the 102 Arterial Street Overlay Fund. Revenue for the 101 Fund is a combination of motor vehicle excise tax (MVET) and general fund. Revenue for the 102 Fund is a combination of MVET and real estate excise tax (BEET). No additional funds are needed for on -going operation and maintenance as this project is maintenance of existing infrastructures. Background Information: Three bids were received and opened on June 29, 2022 for the 2022 Pavement Repair Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Puget Paving and Construction, Inc., with a base bid of $317,943.40. Public Works staff recommends that no alternative bid schedules be awarded. This project was bid via the public works small works roster process, and therefore the contract award must be less than or equal to $350,00.00. Financial Summary: Estimated Expenditures: Construction Contract $ 317,943.40 Construction Contingency 32 056.50 Total Estimated Expenditures $ 350,000.00 Available Funding: 101 Fund (MVET / General Fund) $ 100,000.00 102 Fund (MVET / REET) $ 250.000.00 Total Available Funding $ 350,000.00 Construction is anticipated to start in August 2022 with an estimated substantial completion date in late 2022. Rev 6/2020 2022 PAVEMENT REPAIR PROJECT RFB No. 22-005 BID OPENING DATE JUNE 29, 2022 10:00 A.M. Vendor Name ---> Location ------ ---> Bid 1 Puget Paving and Construction Lakewood, WA 98499 Bid 2 Central Paving, LLC Ellensburg, WA 98926 Bid 3 Miles Resources, Inc. Puyallup. WA 98372 Item No. Specs Item Description Unit Qty Unit Price Total Unit Price Total Unit Price Total SCHEDULE A - WEYERHAEUSER WAY S 1 1-09 IMOBILIZATION LS 1 $18.000.00 $18,000.00 $43,500.00 $43,500.00 $19,000.00 $19.000.00 2 1-10 TRAFFIC CONTROL SUPERVISOR LS 1 $8,400.00 $8,400.00 $12.615.00 $12,615.00 $21,000.00 $21,000.00 3 1-10 OTHER TEMPORARY TRAFFIC CONTROL LS 1 $10,672.00 $10,672.00 $18,610.00 $18.610.00 $5,800.00 $5,800.00 4 1-10 FLAGGERS HR 252 $72A0 $18,144.00 $79.75 $20,097.00 $70.00 $17,640.00 5 1-10 OTHER TRAFFIC CONTROL LABOR HR 9 $72,00 $648.00 $79.75 $717.76 $72.00 $648.00 6 1-10 SEQUENTIAL ARROW SIGN HR 90 $16.50 $1.485.00 $1.10 $99.00 $5.00 $450.00 7 1-10 PORTABLE CHANGEABLE MESSAGE SIGN HR 90 $16.50 $1,485.00 $5.50 $495.00 $10.00 $900.00 8 2-01 IROADSIDE CLEANUP FA 1 $3.000.00 $3.000.00 $3.000.00 $3,000.00 $3.000.00 $3,000.00 9 2-02 SAWCUTTING LF 4190 $1.00 $4,190.00 $2.50 $10,475.00 $0.01 $41.90 10 2-03 ROADWAY EXCAVATION INCL. HAUL CY 194 $180.00 $34,920.00 $126.00 $24,444.00 $320.00 $62,080.00 11 5-04 HMA CL.'% IN PG 581-1-22 FOR PAVEMENT REPAIR TN 400 $210.00 $84.000.00 $204.00 $81.600.00 $265.00 $106,000.00 12 8-01 EROSION/WATER POLLUTION CONTROL FA 1 $3,600.00 $3.000.00 $3,000,00 $3,000,00 $3,000.00 $3,000.00 13 8-01 INLET PROTECTION INSERT EA 18 $65.00 $1.170.00 $90.00 $1,620.00 $98.00 $1,764.001 14 8-09 RAISED PAVEMENT MARKER. TYPE 2 HUND 0.3 $2,890,00 $867.00 $2,750,00 $825.00 $2.750.00 $825.00 15 8-09 HYDRANT MARKER. TYPE 26 EA 2 $58.00 $116.00 $55.00 $110.00 $55,00 $110.00 16 8-22 PLASTC LINE LF 322 $11.00 $3,542.06 $11.00 $3.542.00 $11.00 $3.542.00 17 8-22 PLASTIC WIDE LINE LF 67 $22,00 $1.474.001 $22,00 $1,474.001 $22.00 $1,474.00 18 8-22 PLASTIC CROSSWALK LINE SF 20 $56,00 $1.120.001 $55.00 $1,100.001 $55.001 $1,100.00 SUBTOTAL SCHEDULE A $196.233.001 __L_$227,323.751 1 $248,374.90 SCHEDULE C - MILITARY ROAD S (N) 1 1-09 IMOBILIZATION LS j 1 $10.000.00 $10,000.00 $6,800.00 $6.800.00 $5,000.00 $5.000.00 2 1-10 TRAFFIC CONTROL SUPERVISOR LS 1 $5.000.00 $5,000.00 $4,250.00 $4.250.00 $3,500.00 $3,500.00 3 1-10 OTHERTEMPORARY TRAFFIC CONTROL LS 1 $2.122.00 $2,122.00 $6,275.00 $6.275.00 $950.00 $950,00 4 1-10 FLAGGERS HR 180 $72.00 $12,960.00 $79.75 $14.355.00 $70.00 $12,600.00 5 1-10 OTHER TRAFFIC CONTROL LABOR HR 4 $72,00 $288.00 $79,75 $319.00 $72.00 $288,00 6 1-10 SEQUENTIAL ARROW SIGN HR 54 $16.50 $891.00 $1.10 $59.40 55.00 $2.70,00 7 1-10 PORTABLE CHANGEABLE MESSAGE SIGN HR 54 $16.50 $891.00 $5.50 $297.00 $10.00 $540.00 8 2-02 SAWCUTTING LF 1 1768 $1.00 $1,768.00 $2.50 $4,420.00 $0.01 $17.68• 9 2-03 ROADWAY EXCAVATION INCL. HAUL CY 32 $180.00 $5,760.00 $119.00 $3,808.00 $320.00 $10,240.00 10 5-04 HMA CL. '/. IN PG 58H-22 FOR PAVEMENT REPAIR TN 65 $250.00 $16,250.00 $189.00 $12,285.00 $265.00 $17,225.00 11 8-01 EROSION/WATER POLLUTION CONTROL FA 1 $3,000.00 $3.000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 12 8-01 INLET PROTECTION INSERT EA 5 $65.00 $325.00 390.00 $450.00 $98.00 $490.00 13 B-09 RAISED PAVEMENT MARKER. TYPE 2 HUND 0.1 $2.890.00 $289.00 $2,750.00 $275.00 $2,750.00 $275.00 14 8-09 HYDRANT MARKER. TYPE 213 EA 1 $58,00 $58.00 $55,00 $55.00 $55.00 $55.00 15 B-22 PLASTIC LINE LF 56 $55.00 $3,080.00 $55.00 $3,080.00 $55.00 $3,080.00 16 8-22 PROFILED PLASTIC LINE LF 19 $80.00 $1.520.00 572.00 $1,368.00 $71.50 $1.358.501 17 8-22 PLASTIC STOP LINE LF 8 $110.00 $880.001 $110.00 $880.00 $1 i0.00 $880,00 18 8-22 PLASTIC TRAFFIC ARROW EA 3 1 $336.001 $1.008.001 $330.001 $990.001 $330.00 $990.00 SUBTOTAL SCHEDULE C 1 $66,090.001 1 $62,966.401 $60,759.18, SCHEDULE D - MILITARY ROADS S 1 1 1-09 IMORILIZATION LS 1 $2.500.00 $2.500.00 $7,400.00 $7.400.00 $5,000.00 55.000.00 2 1 1-10 ITRAFFIC CONTROL SUPERVISOR LS 1 $5,000.00 $5,000.00 $4.450.001 $4.450.00 $4,500.00 54,500.00 3 1 1-10 OTHER TEMPORARY TRAFFIC CONTROL LS 1 $1,000,00 $1,000.00 $6,800.001 $6,800.00 $1.250.001 $1,250.00 Page 1 of 4 2022 PAVEMENT REPAIR PROJECT RFB No. 22-005 BID OPENING DATE JUNE 29, 2022 10:00 A.M. Vendor Name ---> Location ------ ---> Bid 1 Puget Paving and Construction Lakewood. WA 98499 Bid 2 Central Paving, LLC Ellensburg, WA 98926 Bid 3 Miles Resources, Inc. Puyallup, WA 98372 Item No. Specs Item Description Unit Qty Unit Price Total Unit Price Total Unit Price Total 4 1-10 IFLAGGERS HR 153 $72.00 $11.016.00 $79.75 $12,201.75 $70.00 $10,710.00 5 1-10 OTHER TRAFFIC CONTROL LABOR HR 6 $72.00 $432.00 $79.75 $478.50 $72.00 $432.00 6 1-10 SEQUENTIAL ARROW SIGN HR 90 $16.50 $1.486.00 $1.10 $99.00 $5.00 $450.00 7 1-10 PORTABLE CHANGEABLE MESSAGE SIGN HR 90 $16.50 $1,485.00 $5.50 $495.60 $10.00 $900-00 8 2-02 SAWCUTTING LF 2192 $1.00 $2,192.00 $2.50 $5,4a0.00 $0,01 $21.92 9 2-03 ROADWAY EXCAVATION INCL. HAUL CY 43 $1.80 $119.00 $5,117.00 $320.00 $13.750.00 10 5-04 HMA CL.'/3 IN PG 581-1-22 FOR PAVEMENT REPAIR TN 87 $225.00 $19.575.00 $189.00 $16,443.00 $265.00 $23.055.00 11 8-01 EROSION/WATER POLLUTION CONTROL FA 1 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 12 8-01 INLET PROTECTION INSERT EA 16 $65.00 $1,040.00 $90.00 $1,440.00 $98.00 $1,568.00 13 8-09 RAISED PAVEMENT MARKER. TYPE 2 HUND 0.3 $1,000.00 $300.00 $2,810.00 $843.00 $2,750.00 $825-00 14 B-09 HYDRANT MARKER. TYPE 2B EA 2 $58.00 $116.00 $55.00 $110.00 $55.00 $110.00 15 8-22 PLASTIC LINE LF 192 $11.00 $2,112.00 $11.001 $2,112.00 $11.00 $2.112.00 16 8-22 PROFILED PLASTIC LINE LF 318 $11.001 $3.498.00 $11.00 $3.498.00 $11.00 $3,498.00 17 8-22 PLASTIC WIDE LINE LF 36 $22,001 $792.00 $22.00 $792.00 $22.00 S792.00 SUBTOTAL SCHEDULE D $55.6620.40 $70 769.25 $71,983.92 -1 T[7TAL'"BASE' ALTERNATE All, SCHEDULE E - REDONDO WAY S 1 1-09 MOBILIZATION LS 1 $1,650.00 $1.650.00 $3,450.00 $3.450.00 $2,500.00 $2,500.00 2 1-10 TRAFFIC CONTROL SUPERVISOR LS 1 $2.460.00 $2,450.00 $4,610.00 $4.610.00 $350.00 $350.00 3 1-10 OTHER TEMPORARY TRAFFIC CONTROL LS 1 $500.00 $500.00 $2,250.00 $2,250.00 $90.00 $90.00 4 1-10 FLAGGERS HR 18 $72.00 $1,296.00 $79.75 $1.435.50 $70.00 $1,260.00 5 1-10 OTHER TRAFFIC CONTROL LABOR HR 2 $72.00 $144.00 $79.75 $159.50 $72.00 $144.00 6 1-10 SEQUENTIAL ARROW SIGN HR 18 $16.50 $297.00 $1.10 $19.80 $5.00 $90.00 7 1-10 PORTABLE CHANGEABLE MESSAGE SIGN HR 18 $16.50 $297.00 $5.50 $99.00 $10.00 $180.00 a 2-02 SAWCUTTING LF 48 $1.00 $48.00 $2.50 $120.00 $0.01 $0.48 9 2-03 ROADWAY EXCAVATION INCL. HAUL CY 3 $1,500.00 $4,500.00 $119.00 $357.00 $625.00 $1,875.00 10 5-04 HMA CL.'/1 IN PG 58H-22 FOR PAVEMENT REPAIR TN 6 $960.00 $5,760.00 $189.00 $1,134.00 $600.06 $3,600.00 11 8-22 PLASTIC LINE LF 30 $83.00 $2,490.00 $83.00 $2,490.00 $82.50 $2,475.00 SUBTOTAL SCHEDULE E $19,432.00 $16,124.80 $12.564.48 ALTERNATE A2, SCHEDULE F - SW CAMPUS DR I 1 1-09 MOBILIZATION LS 1 $2,100.00 $2,100.001 $3,450.00 $3.450.00 $2,500.00 $2.500 00 2 1-10 TRAFFIC CONTROL SUPERVISOR LS 1 $2,450.00 $2.450.001 $1,740.00 $1,740.00 $350.00 $350.00 3 1-10 OTHER TEMPORARY TRAFFIC CONTROL LS 1 $500.00 S500.00 $2,565.00 $2.565.00 $90.00 $90.00 4 1-10 FLAGGERS HR 50 $72.00 $3.600.00 $79.75 $3,987.50 $70.00 $3,500.00 5 1-10 OTHER TRAFFIC CONTROL LABOR HR 4 $72.00 $288.00 $79.75 $319.00 $72.00 $288.00 6 1-10 SEQUENTIAL ARROW SIGN HR 18 $16.50 $297.00 $1.10 $19.80 $5.00 $90.00 7 1-10 PORTABLE CHANGEABLE MESSAGE SIGN HR 54 $16.50 $891.00 $5.50 $297.00 $10.00 $540.00 8 2-02 SAWCUTTING LF 62 $1.00 SI32.00 $2.50 $155.00 $0.01 $0.62 9 2-03 ROADWAY EXCAVATION INCL. HAUL CY 3 $1,500.00 54,500.00 $119.00 $357.00 S625.00 $1,875.00 10 5-04 HMA CL. '/2 IN PG 581-1-22 FOR PAVEMENT REPAIR TN 6 $960.00 $5.760.00 $189.00 $1,134.00 $600.00 $3,600.00 11 8-01 INLET PROTECTION INSERT EA 2 $65.00 $130.00 $90.00 $180.00 $98.00 $196.00 12 8-22 PLASTIC STOP LINE LF 6 $110.00 $660.00 $110.00 $660.00 $110.00 $660.00 13 1 8-22 JPLASTIC CROSSWALK LINE SF 21 $56.001 $1,176.00 $55.001 $1.155.001 $55.001 $1.155.00 Page 2 of 4 2022 PAVEMENT REPAIR PROJECT RFB No. 22-005 BID OPENING DATE JUNE 29, 2022 10:00 A.M. Vendor Name ---> Location ------ ---> Bid 1 Puget Paving and Construction Lakewood. WA 98499 Bid 2 Central Paving, LLC Ellensburg, WA 98926 Bid 3 Miles Resources, Inc. Puyallup, WA 98372 Item No. Specs Item Description Unit Qty Unit Price Total Unit Price I Total Unit Price Total SUBTOTAL SCHEDULE F $22.414.001 1 $16.019.30 $14,844.62 ALTERNATE A3, SCHEDULE G - S 344TH ST 1 1-09 IMOBILIZATION LS 1 $2,100.00 $2.100.00 $3.715.00 $3,715.00 S5,000.00 $5,000.00 2 1-10 ITRAFFIC CONTROL SUPERVISOR LS 1 $2,450.00 $2,450.00 $1,865.00 $1,865.00 $1.350.00 $1.350,00 3 1-10 OTHER TEMPORARY TRAFFIC CONTROL LS 1 $500,00 $500.00 $2,750.00 $2.750.001 $380.00 $380.00 4 1-10 FLAGGERS HR 18 $72.00 $1,296.00 $79.75 $1,435.50 S70.00 $1,260.00 5 1-10 OTHER TRAFFIC CONTROL LABOR HR 2 $72.00 $144.00 $79.75 $159.50 $72.00 $144.00 6 1-10 SEQUENTIAL ARROW SIGN HR 18 $16.50 $297.00 $1.10 $19.80 $5.00 $90.00 7 1-10 PORTABLE CHANGEABLE MESSAGE SIGN HR 36 $16.50 $594.00 $5.50 $198.00 $10.00 $360.00 8 2-02 SAWCUTTING LF 166 $1.00 $166.00 $2.50 $415.00 $0.01 $1.66 9 1 2-03 IROADWAY EXCAVATION INCL. HAUL CY 13 $345.00 $4.485.00 $119.00 $1.547.00 $320.00 $4.160.00 10 5-04 IHMA CL.'% IN PG 581-1-22 FOR PAVEMENT REPAIR TN 26 $290,00i $7,540.00 $189.00 $4,914.00 $265.00 $6,890.00 11 8-01 1 INLET PROTECTION INSERT EA 2 $65.00 $130.00 $90.00 $180.00 $98.00 $196.00 12 8-22 PLASTIC LINE LF 120 $22.501 $2.700.001 $22.00 $2,640.00 $22.00 $2,640.00 SUBTOTAL SCHEDULED 1 $22,402.001 $19 838.80 $22,471.66 ALTERNATE A4, SCHEDULE B - S 288TH ST 1 1-09 MOBILIZATION LS 1 $2.500.00 $2.500.00 $7,615.00 $7,615.00 $5,000.00 $5,000.00 2 1-10 1 TRAFFIC CONTROL SUPERVISOR LS 1 $3.350.00 $3,350.00 $4.195.00 $4,195.00 $5,000.00 $5,000.00 3 1-10 OTHER TEMPORARY TRAFFIC CONTROL LS 1 $1,000.00 $1,000.00 $6,190.00 $6.190.00 $1.400.00 $1.400.00 4 1-10 FLAGGERS HR 126 $72.00 $9,072.00 $79.75 $10.048.50 $70.00 $8.820.00 5 1-10 OTHER TRAFFIC CONTROL LABOR HR 4 $72.00 $288.00 $79.75 $319.00 $72.00 $288.00 6 1-10 SEQUENTIAL ARROW SIGN HR 36 $16.50 $594.001 $1.10 $39.60 $5.00 $180.00 7 1-10 PORTABLE CHANGEABLE MESSAGE SIGN HR 36 $16.50 $594.00 $5.50 $198.00 $10.00 $360.00 8 2-02 SAWCUTTING LF 1336 $1.00 $1.336.00 $2.50 $3,340.00 $0.01 $13.36 9 2-03 ROADWAY EXCAVATION INCL. HAUL CY 46 $180.00 $8.280.00 $119.00 $5,474.00 $320.00 $14.720.00 10 5-04 HMA CL. X. IN PG 581-1-22 FOR PAVEMENT REPAIR TN 95 $210.00 $19.950.00 $189.00 $17,955.00 $265.00 $25,175.00 11 8-01 EROSION/WATER POLLUTION CONTROL FA 1 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3.000.00 $3.000.00 12 8-01 INLET PROTECTION INSERT EA 11 $65.00 $715.00 $90.00 $990.00 $98.001 $1.078.00 13 8-09 RAISED PAVEMENT MARKER, TYPE 2 HUND 0.1 $2.890.00 $289.00 $2.750.00 $275.00 $2.750.00 $275.00 14 8-09 HYDRANT MARKER. TYPE 2B EA 1 1 $58.00 $58.00 $55.00 $55.00 $55.00 $55.00 15 1 8-22 IPLASTIC LINE LF 324 $11.00 $3.564.00 $11.00 $3.564.00 $11.00 $3,564.00 SUBTOTAL SCHEDULE B $54,590.00 $63,258.10 $68 928.36. TOTAL ALTERNATIVE BID $118,83B4O0 $115,241.001 $118,809.12 Quote Contractor Wage Law Compliance Certification Proposal for Incorporating Recycled Materials YES YES YES YES YES YES YES YES YES Puget Paving and Construction Inc has conflict occurs on Schedule D Item No. 8 between unit price and total. The unit price entered at $1.80 per cubic yard. Based on the Bid Schedule Note, fourth line "Where conflic occurs Page 3 of 4 2022 PAVEMENT REPAIR PROJECT RFB No. 22-005 BID OPENING DATE JUNE 29, 2022 10:00 A.M. Bid 1 Bid 2 Bid 3 Vendor Name ---> Puget Paving and Construction Central Paving, LLC Miles Resources, Inc. Location ------ ---> Lakewood, WA 98499 Ellensburg, WA 98926 Puyallup, WA 98372 Item No. Specs Item Description Unit Qty Unit Price Total Unit Price Total Unit Price Total between the unit price and the total amount specified for any " m, the unit price shall prevail, and totals shall be corrected rnform thereto." Base Bid (Sch A, C, D) _ $317,943.40 $361.049.40 $381.118.00 Base Bid + Alternate Al (Sch A, C. D & E) _ $337,375.40 $377,174.20 $393,682.48 Base Bid +Alternate A2 (Sch A, C. D & F) _ $340,357.40 $377,068.70 $395;962.62 Base Bid + Alternate A3 (Sch A, C, D & G) _ $340,345.40 $380,888.20 $403,589,66 Base Bid + Alternate A4 (Sch A, C, D, & B) _ $372,533.40 $424,307.50 $450,046.36 Base Bid + Alternate Al+ Alternate A2 + Alternate A3 + Alternate A4 (Sch A, C, D, E, F G, & B) _ $436,781.40 $476,290.40 $499,927.12 Page 4 of 4 COUNCIL MEETING DATE: July 19, 2022 ITEM #: 7 `-" CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ADAPTIVE TRAFFIC SIGNAL CONTROL — CITY CENTER - PHASE 2 BID AWARD POLICY QUESTION: Should the Council award the Adaptive Traffic Signal Control — City Center - Phase 2 project to the lowest responsive, responsible bidder and authorize the transfer of funds to the project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution E] Other STAFF REPORT BY: Jeff Huynh, Capital Engineer —,T.0 DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated July 11, 2022 2. Bid Tabulation Options Considered: 1. Award the Adaptive Traffic Signal Control — City Center - Phase 2 project to TITAN Earthwork, LLC, the lowest responsive, responsible bidder, in the amount of $778,280 and approve a ten percent (10%) contingency of $77,828, for a maximum contract amount of $856,108, and authorize the transfer of $90,000 from the Transportation Capital Fund (306 Fund) to the project (Project #36233) and authorize the Mayor to execute the contract. 2. Reject all bids for the Adaptive Traffic Signal Control — City Center - Phase 2 and direct staff to rebid the project and return to the Committee for further action. MAYOR'S RECONIINEND TION: Option 1 MAYOR APPROVAL: Lr DIRECTOR APPROVAL: * 7W31V r ' rn 6i [naiul: Date CON[ml'f TE E RECOMMENDATION: I move to forward U ' 1 to tl July 19, 2022 consent agenda for approval. r 1 a D e Committee Chair Jdklkalsh, Committee Member Huang Tran, Committee Member PROPOSED COUNCIL MOTION: "I moV to award the Adaptive Traffic Signal Control — City Center - Phase 2 to TITAN Earthwork, LLC the lowest responsive, responsible bidder, in the amount of $778,828 and approve a ten percent (10%) contingency for a maximum contract amount of $856,108, authorize the transfer of $90, 000 from the Transportation Capital Fund (306 Fund) to the project (Project #36233) 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 — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 11, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E, Public Works Director Jeff Huynh, Capital Engineer z_4 SUBJECT: Adaptive Traffic Signal Control — City Center - Phase 2 Bid Award Financial Impacts: The cost to the City for the Adaptive Traffic Signal Control - City Center - Phase 2 project was included within the approved budget under the Public Works Department, Capital Project #233. In accordance with the approved budget, this item is funded by a grant from WSDOT in the amount of $600,000.00 and $175,000 in BEET. An additional $90,000 is recommended to be transferred to the project from the Transportation Capital Fund (306 Fund). Upon completion of the project, on -going costs associated with operations and maintenance will be performed and funded through streets maintenance, which is reviewed and adjusted as required during the budget process. Background Information: The adaptive traffic control system is a system that monitors traffic conditions in real time and modifies the signal timing every signal cycle. This reduces delays and stops, thus improving both air quality and safety. Bids were opened on June 17, 2022 for the project. One bid was received for the project. Please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is TITAN Earthwork, LLC, with a total bid of $778,280.00. Financial Summary: Estimated Expenditures Design Construction Contract Contingency (10%) Construction Management & Inspection (+/- 10%) ESTIMATED TOTAL PROJECT COST Available Funding CMAQ Grant (WSDOT) Real Estate Excise Tax (REET) CMAQ Grant (WSDOT) - Additional Funds *pending* Transfer from 306 Fund (Unallocated) TOTAL FUNDING AVAILABLE $75,000 $778,280 $77,828 $77,892 $1,009,000 $600,000 $ 175,000 $144,000 $90,000 $1,009,000 Rev 6/2020 G SIGNAL CONTROL - CITY CENTER - RFB No. 22-004 BID OPENING DATE JUNE 17. 2022 Vendor Name ---> Location ----------> Engineer Estimate Bid 1 TITAN Earthvdork, LLC Pacific. WA Item Quantity Unit Unit Price Total Price Total SCHEDULE A: Roadway Improvements (Base Bid) 1 Minor Change 1 F.A. $10.000 00 $10.000.00 $10.000.00 $10,goo 00 2 SPCC Plan 1 L.S. $1.000.001 $1,000.00 $100.00 $100.00 3 Mobilization 1 S. $46.000.00 $46,000.00 $76,135.00 $76,135.00 4 Traffic Control Supervisor 1 —L. L.S. $27,000.00 $27.000.00 $30,000.00 $30,000.00 5 Flaggers 140 HR. $60.00 $8,400.00 $69.001 $9,660.00 6 Other Traffic Control Labor 360 HR. $65.00 $23,400.00 $71.00 $25,560.00 7 Sequential Arrow Sign 180 HR $4.50 $810.00 $3.50 $630.00 8 Other Temporary Traffic Control 1 L.S. $5.000.00 $5,000.00 $15,000.00 $15,000.00 9 Property Restoration 1 F.A. $5,000.00 $5,000,00 $5.000.00 $5,000.00 10 Traffic Signal System Complete - 8th Ave S & S 320th St 1 L.S. $71,500.00 $71.500.00 $99,000.00 $99,000.00 11 ITraffic Signal System Complete - 11th PI & 13th Ave S & S 324th St 1 L.S $57.000 00 $57 000.00 $61 000.001 $61.000.00 12 Traffic Signal System Complete - Pete Von Reichbauer Way S & S 316th St 1 L.S. $54,500.00 $54.500.00 $80.000.00 $80,000.00 13 Traffic Signal System Complete - Pete Von Reichbauer Way S & S 314th St 1 L.S. $39,000.00 $39,000.00 $43,000.00 $43,000.00 14 Traffic Signal System Complete - Pete Von Reichbauer Way S & S 312th St 1 L.S. $46,000.00 $46,000.00 $60,000.00 $60,000.00 15 Traffic Signal System Complete - 23rd Ave S & S 322nd St 1 L.S. $38,500,00 $38 500.00 $44.000.00 $44,000.00 16 Traffic Signal System Complete - 23rd Ave S & S 316th St 1 L.S. $40,500.00 $40,500.00 $50.000.00 $50.000.00 17 Traffic Signal System Complete - 23rd Ave S & S 314th St 1 L.S. $36,500.00 $36,500.001 $36,000.00 $36.000.00 18 Traffic Signal System Complete - 23rd Ave S & S 312th St 1 L.S. $46.500.00 $46,500.001 $60,000.001 $60,000.00 SUBTOTAL SCHEDULE A 1 $556.610.001 $705,085.00 SCHEDULE B: ATSPM IMPROVEMENTS (BASE BID) 19 ATSPM Initial Setup 1 L.S. $10.000.00 $10,000.00 $16,000.00 $16,000.00 20 ATSPM First Year Subscription (Per Intersection) 47 EA. $650.00 $30,550.00 $685.00 $32,195.00 SUBTOTAL SCHEDULE B $40.550.00 $48.196.00 SCHEDULE C: ROADWAY IMPROVEMENTS - CCTV CAMERA INSTALLATION (ALTERNATE Al 21 CCTV Camera Installation - 23rd Ave S & S 322nd St 1 L.S. $10,500.00 $10 500.00 $8 000.00 $8,000.00 SUBTOTAL SCHEDULE C $10,500.00 58,000.00 SCHEDULE D: ROADWAY IMPROVEMENTS - CCTV CAMERA INSTALLATION ALTERNATE Ala 22 CCTV Camera Installation - 23rd Ave S & S 312th St 1 L.S. $10.500.00 $10.500.00 $17,000.00 $17.000.00 SUBTOTAL SCHEDULED 1 $10.500.001 1 $17.000.00 TOTAL $618.160.001 $778,2110.00 Page 1 of 1 COUNCIL MEETING DATE: July 19, 2022 ITEM #: / e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITYWIDE PEDESTRIAN SAFETY IMPROVEMENTS 30% DESIGN REPORT POLICY QUESTION: Should the City Council authorize staff to proceed with design of the Citywide Pedestrian Safety Improvements and return to the LUTC and Council at 85% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 11, 2022 CATEGORY: ® Consent ❑ Ordiaxace ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent Smith, P.E., Senior Capital Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee Memo dated July 11, 2022 Options Considered: 1. Authorize staff to proceed with design of the Citywide Pedestrian Safety Improvements and return to the LUTC and Council at 85% design completion for further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 7 �� -7 DIRECTOR APPROVAL: z,z� Comm tcc C"n cP/Z;al ntinlmalr Initial/Date I II�A D r COMMITTEE RECOMMENDATION: Imove to forward Option 1 to the July 19, 2022 consent agenda for approval. u' ct-won-, Com Itee Chair Jack/Walsh, Committee Member Hoan ran, Committee Member PROPOSED COUNCIL MOTION: "I mobd to authorize staff to proceed with design of the Citywide Pedestrian Safety Improvements and return to the LUTC and Council at 85% design completion for further reports and authorization. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 11, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor�� FROM: EJ Walsh, P.E., Public Works Director Kent Smith, P.E., Senior Capital inginee� SUBJECT: Citywide Pedestrian Safety Improvements 30% Design Report Financial Impacts: The cost to the City for the Citywide Pedestrian Safety Improvements was included within the approved budget under the Public Works Department, Capital Project #234. In accordance with the approved budget, this item is funded by a federal grant from WSDOT in the amount of $1,447,997 with the remainder from Fuel Tax. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: This project provides installation of rectangular rapid flashing beacons (RRFBs), and median refuge islands at 8 locations throughout the City of Federal Way. Also included is associated ADA and utility work, pavement marking removal, and sign post removal, relocation, or replacement as needed. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 30% complete, which includes the following completed tasks: ■ Topographic Survey • RRFB and Illumination Memo ■ Project Design to 30% Ongoing tasks include: • Utility Coordination • Preliminary Contract Specifications • Geotechnical Investigation • Project Design to 85% .Financial Summary: Estimated Expenditures: Design $335,997 Construction $1,114,000 Contract $111,000 $175,000 Rev 6/2019 July 11, 2022 Land Use and Transportation Committee Citywide Pedestrian Safety Improvements Page 2 Construction Contingency (10%) Construction Management & Inspection Total $1,735,997 Project Costs Available Fundine: HSIP $1,447,997 Grant Fuel $288,000 Tax Total $1,735,997 Project Costs Staff anticipates bidding this project Spring 2023. COUNCIL MEETING DATE: July 19, 2022 ITEM #: 7f- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 21sT AVE S AND S 320TN SIGNALIZATION AND PEDESTRIAN IMPROVEMENTS 30% DESIGN REPORT POLICY QUESTION: Should the City Council authorize staff to proceed with design of the 21" Ave S and S 32& Signalizationa and Pedestrian Improvements and return to LUTC and Council at 85% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent Smith, P.E. Senior Capital Engineero&j DEPT: Public Works Attachments: 1. Land Use and Transportation Committee Memo dated July 11,2022 Options Considered: 1. Authorize staff to proceed with design of the 21" Ave S and S 320`h Signalization and Pedestrian Improvements and return to LUTC and Council at 85% design completion for further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: 7 tl l� '� DIRECTOR APPROVAL:% 1 '4 b nm xtee Cc eil Initial/Date Date V InIIa1 COMMITTEE RECOMMENDATION: I move to forward Option I to the July 19, 2022 consent agenda for approval. 6�1AOomny/ ed kli ct T-ccm ittee Chair ,#ae' aish, Committee Member Committee Member PROPOSED COUNCIL MOTION: "I rViqito authorize staff to proceed with design of the 21" Ave S and S 320`h Signalization and Pedestrian Impro�its and return to LUTC and Council for bid authorization and further reports. " (BELOW TO BE COMPLETED BY CITY CLERKS 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 # CITY OF FEDERAL WAY MEMORANDUM DATE: July 11, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh. P.E., Public Works Directorjr Kent Smith, P.E., Senior Capital Engine SUBJECT: 21' Ave S and S 3200' Signalixation and Pedestrian Improvements 30% Design Report Financial Impacts: The cost to the City for the 215t Ave S and S 320th Signalization and Pedestrian Improvements was included within the approved budget under the Public Works Department, Capital Project #225. In accordance with the approved budget, this item is partially funded by a grant through the Sound Transit System Access Program and LIFT funds. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BackLiround Information: This project provides a new signal for protected east and westbound left -turning movements and a protected pedestrian crossing of S 320th Street. With the eventual completion of the Federal Way Link extension and the Federal Way Transit Center Station, pedestrian traffic is expected to increase requiring improved pedestrian crossings across S 320th St. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 30% complete, which includes the following completed tasks: • Topographic Survey • Geotechnical Investigation • Lighting Analysis • Stormwater Memo • Project Design to 30% Ongoing tasks include: • Utility Coordination • Preliminary Contract Specifications • Project Design to 85% Financial Summ_a_U: Project Estimated Expenditures Design $320,000 Construction $1,026,000 Contract Rev 6/2019 July 11, 2022 Land Use and Transportation Committee 215' Ave S and S 320`h Signalization and Pedestrian Improvements Page 2 Contingency $205,000 (+/- 20%) $169,000 Construction Management & Inspection Total $1,720,000 Estimated Expenditures Project Available Fundinp- Sound $730,000 Transit System Access Grant LIFT $305,000 funds Total $1,035,000 Available Funding Project Budget Shortfall:-$685,000 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at 85% design completion for further action. Staff anticipates construction in 2023. COUNCIL MEETING DATE: July 19, 2022 ITEM #: 7g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 288" Street Road Diet - 30% Design Status Report POLICY QUESTION: Should the City Council authorize staff to continue to design the S 2881h Street Road Diet project and return to LUTC and Council for bid authorization, and further reports? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 11, 2022 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Omar Barron, P.E., Senior Capital Engineers—," It— DEPT: Public Works Attachments: 1. Land Use & Transportation Committee memo dated July 11, 2022 Options Considered: 1. Authorize staff to proceed with design of the S 288`h Street Road Diet project and return to LUTC and Council for bid authorization and further reports. 2. Do not authorize staff to proceed with design of the S 288"' Street Road Diet project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the July 19, 2022 City Council consent agenda for approval. , MAYOR APPROVAL: 7 �y y DIRECTOR APPROVAL: 4 iuL'aunci] �� Initial/Date Cum.1lu,I Datc Initial Date COMMITTEE RECOMMENDATION: I move to forward Option I to the July 19, 2022 consent agenda for approval. ut�w - . nr.r v �c�.ocr ir a ,Comittee Member In ttee Cha]loan Tran. Committee Member tiJC_ {�� PROPOSED C 'tNC1L MOTION: "I M , toat{ilz�r staff to proceed with design of the S 288'" Street Road Diet project and return to LUTC and C'ozincil for bid authorization, and further reports. " (RELOlI • 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 — 1 1/2019 RESOLUTION 4 CITY OF FEDERAL WAY MEMORANDUM DATE: July 11, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh. P.E. Public Works Director Omar Barron, P.E., Senior Capital Engi ?er SUBJECT: S 288`h Street Road Diet - 30% Design Status Report Financial Impacts - The cost to the City for the S 288`h Street Road Diet project was included within the current approved budget under Public Works Capital Project #238. In accordance with the approved budget, this project is funded by a $2 Million dollar TIB grant, a $1 Million dollar WSDOT Pedestrian & Bicycle Safety grant, and the remainder with REET funds and Traffic Impact fees. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: This project will reconfigure the existing four travel lanes into two travel lanes with bike lanes and a center turn lane. In addition, the project provides for Rectangular Rapid Flashing Beacon (RRFB) enhanced -crosswalks, upgrades to existing ramps to meet ADA requirements, signal modifications, and lighting at crosswalks. The project will likely be constructed in two phases. The following provides a brief synopsis of progress made to date: Topographic Survey Project Design to 30% Ongoing Tasks Include: • Right -of -Way Acquisition • Preliminary Contract Specifications • Project Design to 85% • Environmental Document approval Financial Summarv: PROJECT ESTIMATED EXPENDITURES: Design $504,000 Right -of -Way $60,000 Construction Contract $2,560,000 Construction Contingency (10%) $ 250,000 Construction Management & Inspection $426,000 TOTAL ESTIMATED EXPENDITURES $3,800,000 AVAILABLE FUNDING: Rev 7/18 TIB Grant (State) Bike & Ped. Safety Grant (State) Mitigation/Traffic Impact Fees Real Estate Excise Tax TOTAL AVAILABLE FUNDING $2,000,000 $1,000,000 $400,000 $400,000 $3,800,000 Rev 7/18 COUNCIL MEETING DATE: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 7h SUBJECT: AMENDMENT 2 UNDERGROUND UTILITY LOCATING POLICY QUESTION: Should the contract with USIC Locating Services, LLC be extended for two years? COMMITTEE: LUTC MEETING DATE: July 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cole Elliott, P.E., Development Services Manager DEPT: Public Works Department Attachments: 1. Staff Report 2. Agreement/Contract Amendment 2 to Goods and Services Agreement for Underground Utility Locating Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Oation 1. MAYOR APPROVAL: 716-I DIRECTOR APPROVAL: Initial/Date nitial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the July 19, 2022 consent agenda for approval. " &q[=v W' kL Zoaoi Chair Mommittee Member tommittee Member PROPOSED COUNCIL MOTION: "I movelppro►'al of the proposed Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 15, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cole Elliott, PE, Development Services Manager SUBJECT: Amendment 2 Underground Utility Locating Financial Impacts: The cost to the City for Amendment 2 Underground Utility Locating was included within the approved budget under the Public Works, budget line 401-3100 (70%) and 101-4300 (30%). In accordance with the approved budget, this item is funded by in the amount of $ 110,000 per year. Upon completion of the Amendment 2 Underground Utility Locating, future costs will be $220,000.00 due to ongoing costs associated with operations and maintenance. Back round Information: The City uses USIC Locating Services, LLC to locate the City's infrastructure (storm water, Streetlight and Traffic light) to comply with the RCW to mark out or confirm there are no City owned utilities in response to the One Call location requests within the City Limits. The City's Fiber system is operated by the IT Department. IT typically does not mark out fiber under the One Call requests, meaning that any strike or damage, the City is fully liable for damages. Fiber damage repair costs between $5,000 and $50,000 per incident. The City's Fiber system is currently not included in the locating service contract and has not been budgeted for inclusion in this contract extension. The additional cost for IT to be included within this contract is approximately $12,000 per year. The existing contract does include an hourly rate for locating the fiber system upon City special request outside of the One Call system. The approved contract is derived from outsourcing both the Traffic and Surface Water Management location budgets. USIC Locating Service, LLC has demonstrated responsiveness, and reliability during the current contract. The contract extension includes an inflation adjustment based upon the CPI. Staff recommends extending the current contract. Rev 7/18 CITY Of CITY HALL Aft�Fe d e ra I Wa 8th Avenue South �� � Feder Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederalway com AMENDMENT NO.2 TO GOODS AND SERVICES AGREEMENT FOR UNDERGROUND UTILITY LOCATING This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and USIC Locating Services, LLC, an Indiana limited liability company ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Underground Utility Locating ("Agreement") dated effective May 14, 2019, as amended by Amendment No. 1, dated effective January 19, 2021, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2024 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-1, 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 Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jim Ferrell, Mayor DATE: USIC Locating Services, LLC: By: Darin J. Stalbaum, Vice President of Sales Date: STATE OF INDIANA ) ss. COUNTY OF ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me Darin J. Stalbaum, to me known to be the Vice President of Sales of USIC Locating Services, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of 20 Notary's signature Notary's printed name Notary Public in and for the State of Indiana. My commission expires AMENDMENT - 2 - 3/2017 CITY OF `n� CITY HALL Way 33325 Avenue South Federal Y Y Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway com EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Two Hundred Twenty Thousand and 00/100 Dollars ($220,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Five Hundred Ninety Thousand and 00/100 Dollars ($590,000.00). 2. Method of Compensation: Unit price In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount, calculated on the basis of the unit pricing and/or hourly labor charge rate schedule for Contractor's personnel as shown below: ITEM ITEM UNIT ESTIMATED UNIT EXTENDED WSST** TOTAL NO. DESCRIPTION QTY PRICE PRICE 1 Normal Locate Rate EA 2,200 $20.31 $44,682.00 $0 $44,682.00 (Storm and Electrical Only) 2 No Conflict (Storm EA 2,700 $20.31 $54,837.00 $0 $54,837.00 and Electrical Only) Cleared Rate 3 Hourly Rate Hour 40 $55.90 $2,236.00 $0 $2,236.00 4 Callout/Overtime Hour 20 $53.75 $1,075.00 $0 $1,075.00 (OT) Hourly Rate 5 City Fiber Optic Hour 40 L$21,95 $878.00 $0 $878.00 Cable Locate Total: $103,708.00 $0 $103,708.00 Pricing Definitions Per One Call Ticket — All tickets received from Washington One Call. Each ticket granted 30 minutes of locating time. The ticket will then be billed per 1/4-hour at the Hourly Rate shown above. Paintable Locate — Locating, painting and flagging of the City of Federal Way Fiber utility only. Each ticket granted 30 minutes of locating time. The ticket will then be billed per 1/4-hour at the Hourly Rate shown above. AMENDMENT - 3 - 3/2017 COUNCIL MEETING DATE: July 19, 2022 ITEM #: 71 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO APPLY FOR TRANSPORTATION GRANTS POLICY QUESTION: Should City Council authorize the submittal of grant applications for the Transportation Improvement Board's Urban Arterial Program and Active Transportation Program? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E. DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Approve the proposed grant application submittals. 2. Do not approve proposed grant application submittals and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 7 40 G DIRECTOR APPROVAL: big [' ec COALInitial/Date [dit�al.7atc Inutal.+Date COMMITTEE RECOMMENDATION: I move to forward the proposed grant application submittals to the July 19, 2022 consent agenda for approval. QaTgA V, a -Z-0C>rn mince Chair Ak Walsh, Committee ' Hoang Tran, Committee Member Member PROPOSED COUNCIL MOTION: "I move approval of the proposed grant application submittals. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 11, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director N4 �! Rick Perez, P.E., City Traffic Engineer SUBJECT: AUTHORIZATION TO APPLY FOR TRANSPORTATION GRANTS Financial Impacts: The I" Avenue S widening project is a first phase of the project at I' Avenue S and S 3201h Street to address congestion and safety concerns at this intersection. Funding the match for this project would be provided by a combination of Real Estate Excise Tax, Utility Tax, and Transportation Impact Fees. Operations and maintenance of this project would be in the form of increased sidewalk and pavement inventory and will be considered as part of the 2023-24 budget. The match for the Citywide Pedestrian Crossing Safety project is proposed to be from the 0.5 cent fuel tax -funded pedestrian safety funding. Operations and maintenance of this project is expected to be minimal, consisting mostly of preventative maintenance expenses, and will be considered as part of the 2023-24 budget. Background Information: This memorandum provides the Council with the current status of new grant funding programs for transportation improvement projects. Staff has evaluated all projects listed on the City's Six Year Transportation Improvements Plan (TIP) and concluded that the following projects will likely be competitive in the 2022 Transportation Improvement Board funding programs. Project (Funding Phase) Estimated Project Cost I Possible Grant Funds I Estimated City I Grant Match TIB Urban Arterial Program I" Avenue S Widening: S 3161h Street to S 320`h Street (Design, Right -of -Way, and Construction) Transportation Improvement Board $8,000,000 $5,600,000 $2,400,000 (State Funds) TIB Active Transportation Program Ci wide Pedestrian Crossing SafeProject (Design and Construction) Transportation Improvement Board $800,000 $500,000 (State Funds) $300,000 ! Rev 6/2019 COUNCIL MEETING DATE: July 19, 2022 ITEM A _ v CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SOUND TRANSIT LAURELWOOD PARK EASEMENT AGREEMENT POLICY QUESTION: Should the City Council authorize staff to execute temporary easement agreements with Sound Transit for the temporary access and restoration of wetlands within Laurelwood Park? COMMITTEE: LUTC MEETING DATE: July 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Re lution ❑ Other STAFF REPORT BY: EJ Walsh, PE DEPT: Public Works Department Attachments: 1. Staff Report dated July 11, 2022. Options Considered: 1. Authorize staff to execute temporary easement agreements with Sound Transit for the temporary access and restoration of wetlands within Laurelwood Park. 2. Do not authorize staff to execute temporary easement agreements with Sound Transit and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL:�(Co7dnl:(�. DIRECTOR APPROVAL:ImtialAht COMMITTEE RECOMMENDAV6N: I move to forward Option 1 to the July 19 Consent Agenda for approval I� ittee Member yCommittee Member PROPOSED COUNCIL MOTION: I move ta.&uthoriae staff to execute temporary easement agreements with Sound Transit for the temporary access and restoration of wetlands within Laurelwood Park. (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 # CITY OF FEDERAL WAY MEMORANDUM DATE: July 11, 2022 TO: LUTC Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E.. Public Works Director 14�� SUBJECT: Sound Transit Laurebvaod Park Easemr t Agreenrents FINANCIAL IMPACTS: Sound Transit will pay us a total of $19,000 for their use of the easements. As part of the agreement, the funding will be restricted for use by the Parks Department to improvements within the parks system. BACKGROUND: As part of the Federal approval of the Federal Way Link Extension, Sound Transit is required to complete wetlands mitigation to offset impacts associated with the construction of the project. One of the identified locations, which the City previously agreed to, is within Laurelwood Park. To facilitate the work, Sound Transit needs easements for the construction and the subsequent monitoring period assoicated with the work. Sound Transit had an independent appraisal completed and a combined value of $19,000 was determined as the fair market value for the easements. Sound Transit has agreed to pay the City the full appraised value. ......8 a COUNCIL MEETING DATE: J U1 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JOINT USE OPERATIONS AND MAINTENANCE FACILITY SITE SELECTION POLICY QUESTION: Should council select the preferred site for the new Joint Use Operations and Maintenance Facility and authorize $250,000.00 in expenditures from unallocated capital improvement funds to advanced preliminary design? COMMITTEE: Land Use and Transportation MEETING DATE: June 6, 2022 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing tA City Council Business ❑ Resolution , r0 Other STAFF REPORT BY: Desire6 S. Winkler, P.E., De Direct2fr DEPT: Public Works .._ per.. ...._....._......_..... _........._ ._._____ Attachments: 1. Staff Report Options Considered: 1. Select "Site 2" (SW corner of S 3121 Street and 281 Ave S) as the preferred location for the new Joint Use Operations and Maintenance Facility and authorize $250,000 in expenditures from unallocated capital improvement funds (Fund 401 and Fund 306) to advance preliminary design. 2. Select alternative site as the location for the new Joint Use Operations and Maintenance Facility and authorize $250,000 in expenditures from unallocated capital improvement funds (Fund 401 and Fund 306) to advance preliminary design. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: &J h7^ DIRECTOR APPROVAL: W I IZ0 Z -L- C o it Initial/Date Initial/Date COMMITTEE RECOM ENDATION: "I move to forward Option I to the June 21, 2022 snit agenda for appr , . l � 1011&1-,:i akss act Da rn.ittee Chair Jo'kiflWafsh, Committee k1cmher Ho-anp Tran, 06mmince Member k6POSED COUNCIL MOTION: "I move io approve "Site 2 " (SW corner of S 312th Street and 28th Ave S) as the preferred location for the new,, ,Joint Use Operations and Maintenance Facility and authorize $250, 000.00 in expenditures from unallocated capital improvement funds (Fund 401 and Fund 306) to advance preliminary design. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ _ DENIED First reading E T.4BLE"EFERRED/NOAM- ON Enacnnentmading ❑ MOVED TO SECOND READING (ord n ",ea J0 J wjf jjI TM ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 6, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director FROM: Desire6 S. Winkler, P.E., Deputy Public Works Director SUBJECT: Joint Use Operations and Maintenance Facility Site Selection Financial Impacts: The cost to the City for the Joint Operations and Maintenance Facility (O&M Facility) site selection study was included within the approved budget under the street capital fund (306). In accordance with the approved budget, this study was funded by Real Estate Excise Tax (REET). There are no on -going costs related to this study. Design and construction of the O&M Facility will need to be included in future budget approvals. Staff recommends utilizing unallocated capital improvement funds to advance preliminary design. This would include $125,000.00 from Fund 304 (Surface Water Management) and $125,000.00 from Fund 306 (Streets Capital Real Estate Excise Tax (REET)). Background Information: In May 2020, council authorized staff to move forward with preliminary studies to determine scope, size, and location of a new O&M facility. In May 2021, staff briefed council of the programming needs (aka. property size needed) and selection criteria to be used to identify the preferred site location. During the May 3, 2022 Special Council Meeting, staff presented the final site selection report and the three viable sites along with their estimated costs, advantages, and disadvantages. Construction — Current Program Land / Mitigation Costs TOTAL SITE 1: Existing Site — Expand to North $32 M $9 M $41 M SITE 2: Steel Lake Park Annex $33 M $1 M $34 M SITE 3: Private Property Undeveloped $34 M $16 M $50 M Rev. 7/18 Pros I Cons SITE 1: Existing Site — • Existing Use • Property purchase Expand to North • Minimal Natural including relocations environment impacts ($8-$10M) • 1-5 on one side 6 Site is not level 6 Construction staging • Apartments to south SITE 2: Steel Lake Park • City owned property Loss of park amenities Annex • Flat site needs to be mitigated • Compatible surrounding land use (school to south — buffered to west) SITE 3: Private • No impacts to existing ■ $16M+ property cost Property use • Wetland mitigation Undeveloped • Good arterial access required • Residential use surrounding • Lost opportunity for other development After review of all site selection factors and the elimination of Site 4 from consideration, Site 2 became the preferred alternative in the "Operations and Maintenance Facility Development Report." (httr)s://www.citvoffederalway.com/sites/default/files/Documents/Department/PW/O MFacil ily SiteSelectionReport_122021.pdf ).Although loss of Parks property and amenities is not ideal, the primary facilities lost are mitigatable. The skate park can be relocated to another Park, and the two small baseball fields use can be offset by adding amenities (such as lighting) to the newly improved Lakota baseball fields (thereby extending hours of available use). Site 2 provides opportunities to stage construction most efficiently by completing construction on the new site while maintaining operations at the existing site. Site 2 does not require displacement of people and loss of homes (and associated relocation). Site 2 also is the least expensive of all of the options with opportunity to leverage city -owned property toward the financial package. Upon confirmation of site selection, preliminary design will continue to confirm the scope and budget and funding package. Implementation schedule will require around eighteen months of design and permitting followed by twelve months of construction. The goal is to be ready to move in by Spring of 2025. Rev. 7/18 COUNCIL MEETING DATE: July 19, 2022 ITEM #: 8b ................ .. ....... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL DISCUSSION ON CITY COUNCIL ARPA PRIORITIES POLICY QUESTION: N/A COMMITTEE: N/A MEETING DATE: CATEGORY: ❑ Consent ® City Council Business STAFF REPORT BY: Brian Da Attachments: 1. Staff Report Options Considered: 1. N/A ❑ Ordinance ❑ Resolution Interim City Administrator MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A ❑ Public Hearing ❑ Other DEPT: Mayor's Office DIRECTOR APPROVAL:, J -711zhg, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 11/2019 RESOLUTION # CIT Federal1 Way Finance Department Date: July 14, 2022 To: City Council VIA: Jim Ferrell, Mayor From: Brian Davis, Interim City Administrator Steve Groom, Finance Director Subject: Recommendation to expend ARPA (American Rescue Plan Act) funds This is to transmit the recommendation of the City Council's Ad Hoc Committee on ARPA grant funds prioritization. The attached spreadsheet provides a detail listing of both the projects and amounts previously approved by City Council (shaded in yellow) and proposed projects to allocate the remaining amount of grant spending (yet to be approved). Lost Revenue calculation update. Finance staff completed the 2021 fiscal year-end close, and calculated the Lost Revenue for 2021. The 5.20% escalator determined by Treasury in their final guidance yielded an additional $4,704,190 for Lost Revenue for 2021 in addition to the $14,512,696 calculated as Lost Revenue for 2020. That means the City need no longer have to look beyond the Lost Revenue category to fully maximize the grant, as previously believed, if that is of use. Government Services. The Treasury's Summary of the Final Rule says, "Recipients can use SURF [Coronavirus State and Local Fiscal Recovery Funds] funds on government services up to the revenue loss amount. Government services generally include any service traditionally provided by a government, unless Treasury has stated otherwise." Therefore, expenditures that are typically provided by our General Fund, are ARPA grant -eligible. Other Categories. Expenditures outside traditional government services, allocated to another ARPA category (e.g., public health, assistance to households, assistance to small businesses), will require a program be developed and the particular process followed for the relevant section on each sub -category. This simply means administrative cost must to be considered for the more staff -intensive process. ARPA Planning Council Approval Cat # Category Name / Project Name Council Approval $ date Proposed Total 1 Public Health & Economic Impacts Social Services support (childcare, etc Chamber of Commerce 750,000 750,000 FW Mirror marketing grant proposal 300,000 300,000 - 1,050,000 1,050,000 7 Administrative costs of ARPA program 7.1 Part-time Grants Coordinator S McIntyre, 300,000 6/15/21 300,000 7.1 Grant -writing services 400,000 6/15/21 (400,000) - ARPA admnistrative costs 650,000 650,000 700,000 250,000 950,000 4 Essential/Hazard Pay 227,450 6/1/21 227,450 227,450 227,450 5 Broadband/Infrastructure 5.17 CERB grant rec'd 11/18/21 50,000 9/7/21 50,000 50,000 50,000 6 Government Services (Lost Revenue) PD Vehicles - 2021 1,702,000 10/19/21 1,702,000 PD Vehicles - 2022 370,000 10/19/21 370,000 Parks Trailer Lease 300,000 10/19/21 300,000 Pool Slide of $500k 500,000 12/7/21 500,000 Pool slide addition od $484,791.60 484,792 3/1/22 484,792 Retention bonus $5k/emp + $290k longe, 3,899,000 3/1/22 (100,000) 3,799,000 Two 5-yard trucks 760,000 3/1/22 760,000 Material Stacker 145,000 3/1/22 145,000 Material (salt) 90,000 3/1/22 90,000 Streetlights 2,150,000 2,150,000 Celebration Park Turf of$11.5M 900,000 900,000 373rd Roundabout of $3.5M 800,000 800,000 Demolition of Target building 600,000 600,000 OCourt - replace Justware 137,000 137,000 Prosecutor software 80,000 80,000 Darktrace 45+15 60,000 60,000 Disaster Backup 30,000 30,000 Password Mgmt System 10,000 10,000 City hall HVAC 155,329 155,329 Saghalie Park sport track 150,000 150,000 FWCC HVAC upgrades 116,874 116,874 PAEC HVAC upgrades 69,650 69,650 PAEC laptops w desk conv 20,000 20,000 City hall touchless fixtures 10,000 10,000 Social Services support 3,000,000 3,000,000 Arts Commission 15,000 15,000 Contingency 484,792 484,792 Lost Revenue 8,250,792 8,688,645 1.6,939,437 Total 9,228,242 9,988,645 3.9,216,887 1 Original request $1.5 million 2 Via grant application process. Can include Progress Pushers, Game of Life, Lakehaven and other community requests 7/14/2022 1 of 1 American Rescue Plan Act - potential spending v07-14-2022.xlsx COUNCIL MEETING DATE: July 19, 2022 ITEM #: J .... . . ...... . .. .a . .. . .... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: PROTECTION ORDERS STATE STATUTE UPDATES POLICY QUESTION: Should the Council adopt housekeeping updates to the Federal Way Revised Code (FWRC) to ensure recent state law changes to protection orders and other related statute changes are properly incorporated into the FWRC? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFFREPORT BY: Attachments: 1. Staff Report 2. Ordinance Options Considered: DEPT: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A DIRECTOR APPROVAL: j Committee ��Vnc [nitia]Mats Initial/Date Inilmll to COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING AND ENACTMENT: "I move to suspend Council Rule 2.2(h) to allow first reading and enactment in the same meeting. " "I move approval and adoption of the proposed ordinance. " (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 # CITY OF FEDERAL WAY MEMORANDUM DATE: July 13, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Ryan Call, City Attorney al2l, SUBJECT: Ordinance: Protection Orders State Statute Updates Financial Impacts: There are no anticipated financial impacts associated with this proposed code change. Background Information: The Legislature made changes to state law regarding many aspects of protection orders, combining all such orders under a variety of topics within a new statutory chapter, chapter 7.105 RCW. The changes to the Federal Way Revised Code (FWRC) proposed in this ordinance are necessary to ensure these law changes are incorporated correctly into our code and may be properly enforced and processed by the courts. Statute changes became effective on July 1, 2022, so these changes are necessary for the preservation of the public health, safety, and welfare and, for this reason, are proposed to take effect immediately upon passage by the Council and signing by the Mayor. Rev. 7/18 and ORDINANCE NO.22- AN ORDINANCE of the City of Federal Way, Washington, relating to protection orders and other associated recent state law changes; Amending FWRC 6.35.040, 6.35.050, 6.35.060, 6.35.070, 6.05.080, and 6.35.090. (Amending Ordinance Nos. 09-601, 06-526, 03-445, 00-374, 97- 297, 97-299, and 91-89). WHEREAS, the City of Federal Way is a non -charter code city pursuant to Title 35A RCW; WHEREAS, the City of Federal Way has expressed an intent to assert jurisdiction over all misdemeanor and gross misdemeanor crimes occurring within the City limits; and WHEREAS, the Washington State Legislature recently amended the Revised Code of Washington to consolidate the laws related to protection orders into one section of the code; and WHEREAS, the Federal Way Revised Code refers to now retired sections of the former Revised Code of Washington and needs to be updated to correctly reference the laws pertaining to criminal violations of protection orders; and WHEREAS, the City Council hereby finds that the requirements and changes established by this ordinance are immediately needed to accommodate statutory changes that went into effect on July 1, 2022, and are in the interest in and necessary for the preservation of the public peace, health, safety, and welfare; and WHEREAS, the potential adverse impacts on the public health, property, safety and welfare of the City and its citizens if this Ordinance did not take effect immediately, justify the declaration of an emergency and the designation of this ordinance as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace by the City Council; Ordinance No. 21- Page I of 9 Rev 1 /21 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 6.05.080 is hereby amended to read as follows: 6.05.080 Adoption of statutes, construction. (1) In adopting the state statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and, in those sections adopted which deal with both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied (including to the extent that an anticipatory offense would be a misdemeanor or gross misdemeanor). By adopting state statutes, the city intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross misdemeanor crimes as now enacted or hereafter amended. Whenever the word "state" shall appear in any statute adopted by reference in this chapter, the word "city" shall be substituted; provided, however, the term "city" shall not be substituted for the term "state" in those circumstances that set forth administrative or licensing duties of the state and its subdivisions. Whenever a state statute specifically adopted in this chapter refers to another state statute not specifically adopted in this chapter, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this chapter. When issuing a citation, information, or complaint for the violation of any section of the RCW adopted by this chapter, it shall be sufficient for a commissioned officer or prosecutor to cite to and refer to the RCW section number. (2) With the exception of the RCW sections set forth in subsection (4) of this section or other RCW sections that are otherwise specifically disavowed in this Code, all RCW sections that constitute Ordinance No. 21- Page 2 of 9 Rev 1 /21 misdemeanors and gross misdemeanors and the RCW sections necessary for the investigation, arrest, prosecution, sentencing, confinement, and enforcement of misdemeanors and gross misdemeanors as they currently exist or as may be adopted by the State in the future are hereby adopted by reference, and shall be given the same force and effect as if set forth herein in full. The fact that sections of this Code adopt by reference specific sections of the RCW shall not affect this section. Sections of the Code that specifically recite that sections of the RCW are not adopted or do not apply shall control over this section. (3) All Class C felony crimes set forth in the RCW are hereby adopted by reference for the purposes of charging a gross misdemeanor for a violation of any of the crimes set forth in Chapter 9A.28 RCW. The adoption of Class C felonies shall be subject to the provisions of subsections (1) and (2) of this section. (4) The following RCW sections are specifically not adopted: (a) RCW 9A.16.110, Defending against violent crime — Reimbursement. (5) If any chapter, section, subsection, sentence, or provision of this title, or its application to any person or circumstance, is held invalid, the remainder of this title, or the application of the chapter, section, subsection, sentence, or provision to other persons or circumstances, is not affected, and to this end, the chapters, sections, subsections, sentences and provisions of this title are declared to be severable. (6) The provisions of this title are intended to create a duty to the public in general and not to create any duty to individuals or to any particular class of individuals. These provisions are not for the protection of any person or class of persons. Ordinance No. 21- Page 3 of 9 Rev 1/21 Section 2. FWRC 6.35.040 is hereby amended to read as follows: 6.35.040 Harassment. The following state statutes are adopted by reference as now enacted or hereafter amended: RC W 9A.46.020 Definition — Penalties. 9A.46.030 Place where committed. 9A.46..040 Court -ordered requirements upon person charged with crime — Violation. 9A.46.050 Arraignment — No -contact order. 9A.46.060 Crimes included in harassment. 9A.46.070 Enforcement of orders restricting contact. 9A.46.080 Order restricting contact — Violation. 9A.46.090 Nonliability of peace officer. 9A.46.100 "Convicted," time when. 9A.46.110 Stalking. 7.105.450 Enforcement and penalties — Other than antiharassment protection orders and extreme risk protection orders. 7.105.455 Enforcement and penalties _Antiharassment protection orders. Section 3. FWRC 6.35.050 is hereby amended to read as follows: 6.35.050 Custodial interference. The following statutes are hereby adopted by reference as now enacted or hereafter amended: Ordinance No. 21- Page 4 of 9 Rev 1 /21 9A.40.010 Definitions. 9A.40.070 Custodial interference in the second degree. 9A.40.080 Custodial interference — Assessment of costs — Defense — Consent defenses, restricted. Section 4. FWRC 6.35.060 is hereby amended to read as follows: 6.35.060 Violation of civil anti -harassment orders. It is a gross misdemeanor to `:,:'willfully disobey a temporary or permanent anti -harassment order issued pursuant to Chapter 40. 14 7.105 RCW. Section 5. FWRC 6.35.070 is hereby amended as follows: 6.35.070 Crimes occurring between family or household members — Domestic violence. (1) Domestic violence anti -merger clause. Every person who, in the commission of a crime of domestic violence, shall commit any other crime, may be punished therefor as well as for the crime of domestic violence, and may be prosecuted for each crime separately. (2) Strangulation. (a) A person is guilty of strangulation if, under circumstances not amounting to a felony, he or she assaults another by means of strangulation. (b) "Strangulation " shall mean intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by obstructing the nose or mouth of another person. (c) Strangulation is a gross misdemeanor. Any person convicted of this crime shall be punished by imprisonment for not less than 30 days. Ordinance No. 21- Page 5 of 9 Rev 1 /21 (3) Exposing children to domestic violence. (a) A person commits the crime of exposing children to domestic violence when he or she: (i) Commits a crime of domestic violence, as defined in RCW 10.99.020; and (ii) The crime is committed in the immediate presence of, or is witnessed by, the person's or the victim's minor child, stepchild, or a minor child residing within the household of the person or victim. (b) For the purposes of this section, "witnessed" shall mean if the crime is seen or directly perceived in any other manner by the child. (c) Exposing children to domestic violence is a gross misdemeanor. Any person convicted of this crime shall be punished by imprisonment 4-for not less than 30 days. If the person is sentenced to less than the maximum statutory sentence, the court shall place the defendant on probation and the court shall impose conditions of probation that include attendance at a certified domestic violence perpetrator treatment program as well as a treatment program that addresses the effects of domestic violence on children. (4) The following state statutes are adopted by reference as now enacted or hereafter amended: RCW Ch. 7.105 Civil Protection Orders 9A.36.150 Interfering with the reporting of domestic violence. Ch. 10.99 Domestic violence — Official response. 26.09.300 Restraining orders —Notice —Refusal to comply— Arrest — Penalty— Defense — Peace officers, immunity. Ordinance No. 21- Page 6 of 9 Rev 1 /21 26.26.13 8 Restraining order —Knowing violation — Penalty— Law enforcement immunity. 26.44.063 Temporary restraining order or preliminary injunction —Enforcement —Notice of modification or termination of restraining order. 26.44.067 Temporary restraining order or preliminary injunction — Contents — Notice — Noncompliance — Defense — Penalty. Section 6. FWRC 6.35.090 is hereby amended as follows: 6.35.090 Violation of no contact and protection orders. It is a gross misdemeanor to `•':'�wilifully disobey a temporary or permanent no -contact or protection order issued pursuant to Chapter 10.99 or 26.50 7.105 RCW. Section 7. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of Ordinance No. 21- Page 7 of 9 Rev 1 /21 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date. The Council finds that this ordinance is needed for the immediate support of city governments and is not subject to initiative or referendum pursuant to FWRC 1.30. This ordinance shall take immediate effect. [signatures to follow] CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: Ordinance No. 21- Page 8 of 9 Rev 1 /21 PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 9 of 9 Rev 1/21