10-02-2023 LUTC PacketCITY or
Federal Way
Land Use & Transportation (LUTC)
Council Committee Regular Meeting Agenda
October 2, 2023 City Hall
5:00 p.m. Council Chambers*
The City Council may amend this regular meeting agenda and act on items not currently listed. Regular Meetings
are recorded and televised live on Government Access Channel 21. To view meetings online,
agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com.
"Remote attendance options available via Zoom meeting code: 809 975 640 and passcode: 595617
1. CALL TO ORDER
2. PUBLIC COMMENT
3. COMMITTEE BUSINESS
Topic Title/Description
A. Approval of Minutes September 11, 2023
B. ORDINANCE: Highline Water District Franchise Ordinance
C. On -Call Sidewalk and Curb Replacement Contract — Approval to
Award
D. Amend the 2023 Right -of -Way Landscape Maintenance Contract
E. ORDINANCE - Ordinance Establishing the Time of Payment,
Interest, and Penalties to be Imposed on Delinquent Annual
Special Assessments for Lake Management District Number 1 for
Steel Lake
F. Resolution Renewing the Lake Management District Number 1
Advisory Committee for Steel Lake and Establishing the Duties
Thereof
G. S 288t" St Road Diet Phase I King County Metro Interlocal
Agreement
H. ORDINANCE - Development Agreement Code Amendments
I. Community Space Advisory Group Recommendations
J. Progress Updates for Sound Transit
Presenter(s) Action or Info
Action
10/02
C. Elliott Action
10/17 - ORDINANCE
J. Larson Action
10/17 - Consent
J. Larson Action
10/17 - Consent
K. Du Action
10/17 - ORDINANCE
K. Du Action
10/17 - Consent
J. Strong Action
10/17 - Consent
K. Niven Action
10/17 - ORDINANCE
K. Niven Info Only
K. Smith Info Only
4. OTHER
5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be November 6, 2023 at 5:00 p.m.
6. ADJOURNMENT
Committee Members City Staff
Jack Dovey, Chair EJ Walsh, P.E., Public Works Director
Jack Walsh, Member Sara Gilchrist Administrative Assistant/1
Hoang Tran, Member (253) 835-2700
September 11, 2023
5:00 p.m.
City of Federal Way
City Council
Land Use & Transportation Committee
MEETING SUMMARY
City Hall
Council Chambers
Committee Members in Attendance: Committee Chair Jack Walsh, and Council Member Hoang Tran.
Other Councilmembers in Attendance: Deputy Mayor Susan Honda, Council President Linda Kochmar,
and Council Member Paul McDaniel.
Staff in Attendance: Assistant City Attorney Kent Van Alstyne, Community Development Director Keith
Niven, Public Works Director El Walsh, Public Works Deputy Director Desiree Winkler, Sound Transit
Liaison Kent Smith, Engineering Manager Christine Mullen, Civil Engineer John Cole, Senior Planner
Chaney Skadsen, Executive Assistant Amy Glandon, and Administrative Assistant II Sara Gilchrist.
1. CALL TO ORDER: Chair Walsh called the meeting to order at 5:00 PM
2. PUBLIC COMMENT:
3. COMMITTEE BUSINESS:
Topic Title/Description
A. Approval of Minutes: August 7, 2023
Committee approved the August 7, 2023 LUTC minutes.
• Moved: Tran
• Seconded: Walsh
• Passed: 2-0 unanimously
B. Limited License Agreement with the City of Kent
Civil Engineer John Cole presented the Limited License Agreement with the City of Kent for approval,
including background information.
Council Member Hoang Tran moved to forward the proposed agreement to the September
19, 2023 consent agenda for approval.
Moved: Tran
Seconded: Walsh
Passed: 2-0 unanimously
Committee Members
Jack Walsh, Chair
Hoang Tran, Member
City Staff
EJ Walsh, P.E., Public Works Director
Sara Gilchrist, Administrative Assistant II
(253) 835-2706
�. 27th Ave SW at SW 344th St Compact Roundabout — Approval to Award
Civil Engineer John Cole presented the 271h and 344th St Compact Roundabout project for approval,
including background information. Questions and discussion followed.
Committee Member Hoang Tran moved to forward Option 1 to the September 19, 2023
consent agenda for approval.
• Moved: Tran
• Seconded: Walsh
• Passed: 2-0 unanimously
D. Transportation Grant Funding Application
Engineering Manager Christine Mullen presented the Transportation Grant Funding Application for
approval, including background information. Questions and discussion followed.
Council Member Hoang Tran moved to forward Option 1 to September 19, 2023 consent
agenda for approval.
• Moved: Tran
• Seconded: Walsh
• Passed: 2-0 unanimously
E. T-Mobile LLC Site Lease Agreement — Lakota Park
Assistant City Attorney Kent Van Alstyne presented the T-Mobile Site Lease Agreement for Lakota
Park for approval, including background information. Questions and discussion followed.
Council Member Hoang Tran moved to forward the proposed T-Mobile LLC Lease Site
Agreement to the September 19, 2023 consent agenda for approval.
• Moved: Tran
• Seconded: Walsh
• Passed: 2-0 unanimously
F. T-Mobile LLC Site Lease Agreement — BPA/Twin Lakes
Assistant City Attorney Kent Van Alstyne presented the T-Mobile Site Lease Agreement for BPA/Twin
Lakes for approval, including background information. Questions and discussion followed.
Council Member Hoang Tran moved to forward the proposed T-Mobile LLC Lease Site
Agreement to the September 19, 2023 consent agenda for approval.
• Moved: Tran
• Seconded: Walsh
• Passed: 2-0 unanimously
G. Authorization to Add One (1) Senior Traffic Reviewer Position
Public Works Director EJ Walsh presented the addition of a Senior Traffic Reviewer position for
approval, including background information. Questions and discussion followed.
Council Member Hoang Tran moved to forward Option 1 to September 19, 2023 consent
agenda for approval.
• Moved: Tran
• Seconded: Walsh
• Passed: 2-0 unanimously
Committee Members City Staff
Jack Walsh, Chair EJ Walsh, P.E., Public Works Director
Hoang Tran, Member Sara Gilchrist, Administrative Assistant ZI
(253) 835-2706
H. Quarterly Update — Progress on Comprehensive Plan Periodic Update
Senior Planner Chaney Skadsen presented the Comprehensive Plan Quarterly Updates, including
background information. Questions and discussion followed.
I. Progress Update on Sound Transit Projects in Federal Way
Sound Transit Liaison Kent Smith reported on current activities regarding Sound Transit projects,
including background information. Questions and discussion followed.
J. Progress Update on the Joint Operations and Maintenance Agreement
Deputy Director Desiree Winkler reported on current activities regarding Sound Transit projects,
including background information. Questions and discussion followed.
4. OTHER:
5. FUTURE MEETINGS/AGENDA ITEMS:
6. The next LUTC meeting will be held October 2, 2023 at 5:00 p.m. in City Hall Council
Chambers and via Zoom.
7. ADJOURNMENT: The meeting was adjourned at 06:40 p.m.
Attest:
Sara Gilchrist, Administrative Assistant II
Approved by Committee:
Date
Committee Members
Jack Walsh, Chair
Hoang Tran, Member
City Staff
EJ Walsh, P.E., Public Works Director
Sara Gilchrist, Administrative Assistant II
(253) 835-2706
COUNCIL MEETING DATE: October 17, 2023
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: S 288TH ST ROAD DIET PHASE 1 KING COUNTY METRO INTERAGENCY AGREEMENT
POLICY QUESTION: Should the City Council enter into an interagency agreement with King County Metro
to have them pay for the construction of bus stop improvements to the City's S 288th Street Road Diet
Phase l project?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 2, 2023
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jonathan Strong, Civil Engineer DEPT: Public Works
Attachments: 1. Staff Report
2. LUTC Memorandum dated July 10, 2023
3. King County Metro Interagency Agreement
Options Considered:
1. Approve the proposed interagency agreement.
2. Do not approve the proposed interagency agreement and provide direction to staff.
MAYOR'S RECOMNI
MAYOR APPROVAL:
ion 1.
T DIRECTOR APPROVAL: p QaQ_a�
£ouncil initFaiiDnte
ii1iaM c
COMMITTEE RECOMMENDATION: I move to forward the proposed interagency agreement to the October 17,
2023 consent agenda for approval
Jack Dovey, Committee Chair Jack Walsh, Committee Member Hong Tran, Committee Member
PROPOSED COUNCIL MOTION: I move approval of the proposed interagency agreement and authorize the Mayor
to execute the agreement.
(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 - 4/2019 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 6, 2023
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director
Cole Elliott, P.E., Development Services Manager CZ -
SUBJECT: Highline Water District Franchise Ordinance
Financial Impacts;
Highline Water District paid a fee of Five Thousand Dollars ($5,000.00) to cover the
administrative expenses incurred by the City that are directly related to preparing and
approving this Franchise.
Highline Water District will be required to pay additional permitting fees for installation,
operation and maintenance of their facilities, including, but not limited to right-of-way
permits, annual maintenance blanket permits and work hour variances.
Any additional future revenue will be based upon Federal Way Revised Code (FWRC)
3.10.040(9).
Back round Information:
Highline Water District provides water service to approximately 263 connections located
at the north end of the City of Federal Way. Highline does not have a franchise agreement
with the City, the proposed ordinance will bring the water district into conformance with
FWRC Chapter 3.10.
Rev. 7/l8
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, granting
Highline Water District, a nonexclusive franchise to occupy rights -of -
way in the City of Federal Way, Washington, within the specified
franchise area for the purposes of constructing, maintaining, operating,
replacing, and repairing a public water system within and throughout
the City of Federal Way.
WHEREAS, the City of Federal Way requires Highline Water District to obtain a franchise in
order to operate and maintain a water service distribution system within the rights -of -way; and
WHEREAS, the City Council of Federal Way finds it is in the public interest to grant such a
franchise, which will specify the rights and duties of Highline Water District; and
WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive
franchises for the use of public streets, bridges or other public ways for utilities, inter alia, pipes,
hydrants, services and appurtenances thereof for water service; and for other publicly and privately
owned and operated facilities for public services; and
WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves
such other powers and authorities granted to Washington code cities by general law and specifically
reserves its right to adopt further regulations under its police powers.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Definitions
Where used in this Franchise the following terms shall be defined as follows:
1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the
State of Washington, and its respective successors and assigns.
Ordinance No. 23- Page I of 36
1.2 "Council" means the City of Federal Way Council acting in its official capacity.
1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way
Public Works Department.
1.4 "Facilities" means Franchisee's water distribution system and appurtenances located
or to be located within the public right-of-way.
1.5 "Franchise Area" means that portion of the rights -of -way located in the City of
Federal Way and shown in Exhibit A attached hereto, and/or any other areas approved by the Federal
Way City Council and incorporated into this Ordinance via amendment.
1.6 "Franchisee" means Highline Water District, a Washington special purpose
municipal corporation, and its respective successors and assigns if consented to by the City of
Federal Way as provided in Section 27.3 herein.
1.7 "FWRC" means the Federal Way Revised Code.
1.8 "Public Project" means City initiated capital improvement project as listed in the
City's Capital Improvement Plan, including, but not limited to, roadway improvement, pedestrian
improvement projects, and City -owned utility, that is undertaken by or on behalf of the City and is
funded by the City (either directly with its own funds or with other public funds obtained by the
City).
1.9 "Rights -of -way" means the surface of and space along, above, and below any street,
road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, and/or unimproved
right-of-way now or hereafter be laid out, platted, dedicated, acquired, or improved within the
present or extended limits of the City.
Ordinance No. 23- Page 2 of 36
1.10 "Services" means public service business (as such term is defined in RCW
82.16.010), gas, steam, liquid fuels, water, sewer, and private and public owned and operated
facilities for public services.
1.11 "Utility Easement" means a property right concerning a designated parcel(s) of land
giving utility companies the permitted use of all or a portion of the private property for the good of
the community.
Section 2. Grant/Acceptance
2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to
enter upon the Franchise Area for the limited purpose of constructing, excavating, installing,
maintaining, restoring, and repairing Facilities within the Franchise Area. This Franchise is
specifically limited to the right for Franchisee to install and maintain Facilities owned and operated
by Franchisee. Nothing contained within this Franchise shall be construed to grant or convey any
right, title, or interest in the Rights -of -Way of the City to Franchisee other than for the purpose of
providing the Services, nor to subordinate the primary use of the Rights -of -Way as a public
thoroughfare. If Franchisee desires to expand the Services provided within the City, it shall provide
written notification of the addition of such services prior to the addition of the service. This Section
does not restrict the Franchisee's ability to utilize telemetric devices to monitor and operate its water
distribution system or to monitor and control the usage.
2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor
shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall,
within thirty (30) days after the effective date of this Franchise, file with the City its written
acceptance of this Franchise and all of its terms and conditions. In addition, Franchisee shall submit
Ordinance No. 23- Page 3 of 36
proof of insurance obtained and additional insured endorsement pursuant to Section 24. The
administrative fee authorized in Section 22.1 is due within thirty (30) days of receipt of the invoice
from the City.
Section 3. City Property/Non-Exclusive Franchise
3.1 City Property. This Franchise does not and shall not convey any right to Franchisee
to install its Facilities on, under, over, across, or to otherwise use City -owned or leased properties of
any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use
any City -owned or leased property within the Franchise Area other than the Rights -of -Way unless an
easement is granted.
3.2 Non -Exclusive Franchise. This Franchise is not an exclusive Franchise and shall not
be construed to in any manner prohibit the City from granting other and further Franchises in, under,
over, upon, and along the Franchise Area, nor from exercising such other powers and authorities
granted to the City by the Washington State Constitution and general law, including the City's right
to adopt future regulations under its police powers. Such Franchise shall in no way prevent or
prohibit the City from using any of said roads, streets, or other public properties or affect its
jurisdiction over them or any part of them, and the City shall retain power to make all necessary
changes, relocations, repairs, maintenance, establishment, improvement, dedication of same as the
City may deem fit, including the dedication, establishment, maintenance, and improvement of all
new Rights -of -Way, thoroughfares and other public properties of every type and description.
3.3 No Impairment of Easement Rights. The terms of this Franchise shall not impair or
interfere with Franchisee's rights under any Utility Easements that cover areas within any existing or
Ordinance No. 23- Page 4 of 36
future City Rights -of -Way. The Franchisee's easement rights shall remain in effect unless formally
relinquished by the Franchisee or condemned by the City.
3.4 Relinquishment of Easements. The City may request that Franchisee relinquish its
easements on current or formerly private property that has or will become City property pursuant to a
public or private project. Within fourteen (14) days of such request, the City and Franchisee shall
meet, confer, and negotiate with respect to the appropriate relocation or adjustment costs to be paid
to Franchisee by City in exchange for relinquishment of said easements. If, following the
negotiation, the City and Franchisee are able to agree to the appropriate relocation or adjustment
costs, then the Franchisee shall relinquish said easements and the City shall pay Franchisee the
negotiated relocation or adjustment costs.
3.5 Operation Costs. To the extent permitted by law and as otherwise expressed in this
Franchise, Franchisee shall be solely responsible for the operation, maintenance, repair, and
construction of its Facilities.
Section 4. Term
Subject to Franchisee filing its acceptance pursuant to Section 2.2, the term of this Franchise
shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless
terminated earlier pursuant to this Franchise or other applicable law. The Franchise will
automatically extend for up to two (2), five (5) year periods, unless either party, not less than one
hundred eighty (180) days prior to the expiration of the Franchise, provides the other parry of its
intent to terminate the Franchise at the end of the current Franchise term.
Section 5. Hydrants and Fire Suppression System Costs
In exchange for other good and valuable considerations in the Franchise, the parties agree that
during the term of the Franchise, Franchisee shall be responsible for costs to operate and maintain all
Ordinance No. 23- Page 5 of 36
portions of the water system, including fire hydrants and those components of the water system that
provide fire suppression benefits (collectively the Fire Suppression System) within Franchisee's
corporate boundary inside the Franchise Area.
Section 6. Location of Facilities
6.1 Location. The Facilities permitted by this Franchise shall be installed underground,
except for features required to be above ground (e.g. hydrants, air releases, valve boxes, meter
boxes). The location of the Facilities, their depths below the surface of ground or grade of a right-of-
way, if available, and any related existing equipment to which the Facilities are connected shall be
depicted on a map and submitted within fifteen (15) days upon written request of the City. Franchisee
shall update such map to reflect actual or anticipated improvements to the water system. Any such
map (or update thereof) so submitted shall be for informational purposes only and shall not obligate
Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to
undertake any specific improvements.
6.2 WSDOT. To the extent that any Rights -of -Way within the Franchise Area are part of
the state highway system ("State Highways") these parts of the Franchise Area are considered
managed access by the City and are governed by the provisions of Chapter 47.24 RCW and
applicable Washington State Department of Transportation ("WSDOT") regulations, Franchisee shall
comply fully with said WSDOT requirements in addition to this Franchise, local ordinances and
other applicable regulations. Without limitation of the foregoing, Franchisee specifically agrees that:
6.2.1 Any pavement trenching and restoration performed by Franchisee
within State Highways shall meet or exceed applicable WSDOT requirements;
Ordinance No. 23- Page 6 of 36
6.2.2 Any portion of a State Highway damaged or injured by Franchisee
shall be restored, repaired, and/or replaced by Franchisee to a condition that meets or exceeds
applicable WSDOT requirements; and
6.2.3 Without prejudice to any right or privilege of the City, WSDOT is
authorized to enforce in an action brought in the name of the State of Washington any condition
of this Franchise with respect to any portion of a State Highway.
6.3 GIS Data. At such time as Franchisee develops or employs Geographic Information
System ("GIS") technology, Franchisee shall submit the information required in Section 6.1 above in
digital GIS format, showing the location of its Facilities within the Franchise Area.
6.4 Design Markings. In the event the City desires to design a Public Project, Franchisee
shall at the City's request, provide the location of Franchisee's underground Facilities within the
Franchise Area by either field markings or by locating the Facilities on the City's design drawings,
and shall provide all other reasonable cooperation and assistance to the City.
6.5 One Call Locator Service. Prior to doing any work in the Franchise Area, the
Franchisee shall follow established procedures, including contacting the Utility Notification Center
in Washington and comply with all applicable State statutes regarding the One Call Locator Service
pursuant to Chapter 19.122 RCW. Further, upon request from a third party or the City, Franchisee
shall locate its Facilities consistent with the requirements of Chapter 19.122 RCW. The City shall not
be liable for any damages to Franchisee's Facilities or for interruptions in service to Franchisee's
customers that are a direct result of Franchisee's failure to locate its Facilities within the prescribed
time limits and guidelines established by the One Call Locator Service regardless of whether the City
issued a permit.
Ordinance No. 23- Page 7 of 36
Section 7. Noninterference of Facilities
7.1 Maintenance of Facilities. Franchisee agrees to maintain its Facilities and perform
any and all activities authorized by this Franchise: (1) so as not to unreasonably interfere with the
free passage of traffic; (2) in accordance with the laws of the State of Washington and City Code
requirements, Franchise provisions, regulations, resolutions and rules, as now existing or as hereafter
amended; and (3) as required by the Director. This requirement applies whether the work is
performed by the Franchisee, its agents, employees, subcontractors, or other third parties at
Franchisee's direction.
7.2 Franchisee shall provide routine maintenance a minimum of three (3) feet in all
directions to ensure visibility of above ground Facilities. Any damage to the Franchisee facilities due
to the inability of the City to reasonably "see" such facilities during the course of City shoulder
maintenance work shall be the responsibility of the Franchisee. The Franchisee shall not be
responsible for damages caused by the negligent, willful acts or by a failure of the City to utilize
reasonable care in their maintenance work.
7.3 Interference with Use of the Streets. When installing, locating, laying, or maintaining
Facilities, apparatus, or improvement, Franchisee shall not interfere with the use of any street to any
greater extent than is necessary, and shall leave the surface of any such street in as good condition as
it was prior to performance by Franchisee of such work. Any Facility, apparatus, or improvement
shall be laid, installed, located, or maintained in conformance with instructions given by, and to the
satisfaction of the City. In any event, Franchisee shall, at its own expense, and to the satisfaction of
the City in accordance with the terms of the right-of-way permit, restore to City standards and
Ordinance No. 23- Page 8 of 36
specifications any damage or disturbance caused to streets as a result of Franchisee's construction or
operations.
Section 8. Requirement to Obtain Permits & Work in the Rights -of -Way
8.1 Permits and Permit Applications. Franchisee shall, at its expense, obtain all permits,
including rights -of -way permits, and pay all permit fees required by applicable City ordinances,
regulations, resolutions, and rules prior to commencing any work within the Franchise Area. The
manner of excavation, construction, installation, backfill, and temporary structures such as, but not
limited to, traffic turnouts and road obstructions shall meet the standards of the FWRC and be
satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit,
and shall be in accordance with the Manual on Uniform Traffic Control Devices ("MUTCD").
8.2 Emergency Exception to Permit Requirement. In the event of an emergency in which
Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the
property, life, health, or safety of any individual, Franchisee may take action immediately to correct
the dangerous condition without first obtaining any required permit so long as: (1) Franchisee
informs the City of the nature and extent of the emergency, and the work to be performed, as soon as
reasonably possible relative to such emergency activity; and (2) such permit is obtained by
Franchisee as soon as practicable following cessation of the emergency.
8.3 Routine Maintenance. Franchisee shall have the right to conduct routine maintenance
to repair, modify, supplement, replace or upgrade Franchisee's Facilities, provided the Franchisee
shall obtain any necessary right-of-way use permit and any other permits or authorizations required
by all applicable federal, state and local laws, rules, and regulations prior to performance of any said
routine maintenance. The following non -emergency related activities such as water main flushing,
Ordinance No. 23- Page 9 of 36
valve exercising, fire hydrant exercising and other activities as approved shall be allowed to occur
under the annual maintenance blanket permit.
8.4 Work in the Rights-of-WaX. During any period of relocation, construction or
maintenance, all work performed by Franchisee or its contractors and subcontractors shall be
accomplished in a safe and workmanlike manner, so to minimize interference with the free passage
of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all
times post and maintain proper barricades, flags, flaggers, lights, flares and other measures as
required for the safety of all members of the general public and comply with all applicable safety
regulations during such period of construction as required by the ordinances of the City or the laws
of the State of Washington, including RCW 39.04.180 for the construction of trench safety systems.
8.5 Coordination of Activities. Franchisee shall meet with the City and other franchise
holders and users of the Rights -of -Way upon written notice as determined by the City, to schedule
and coordinate construction in the Rights -of -Way. All construction locations, activities, and
schedules shall be coordinated, as ordered by the City to minimize public inconvenience, disruption
or damages.
8.6 Public Notification of Activities. At least three (3) days prior to its intended
construction of Facilities, except those activities that impact the use of the adjacent property for less
than an eight (8) hour period, Franchisee shall inform all residents in the immediately affected area
that a construction project will commence, the dates and nature of the project, and provide a toll -free
or local phone number which the resident may call for further information. A pre-printed door
hanger may be used for this purpose.
Ordinance No. 23- Page 10 of 36
Section 9. Standard of Performance
9.1 Backfilling Requirements. The Franchisee shall not excavate for a distance of more
than one hundred feet (100') without immediately backfilling and compacting to surface grade and
City standards. Backfilled trench areas within a driving lane must be patched, either temporarily or
permanently, before the end of the workday in which they have been opened. Trench areas within the
Rights -of -Way, but not within a driving lane, must also be patched within the time limits specified by
the City on the right-of-way use permit.
9.2 Restoration Standards. Final surface restoration shall be completed within thirty (30)
days after completion of the work and shall be equal to or better than the surface condition prior to
permit issuance in accordance with the City of Federal Way Development Guidelines.
9.3 Asphalt OverlaX. Any asphalt overlay completed within the Franchise Area
performed by the City or other third -party during the five (5) year -period immediately prior to the
date of permit issuance shall not be open cut by Franchisee unless required by an emergency and
subject to the provisions of Section 9.2 above. Franchisee shall install new asphalt overlay on any
street that is open cut, whether in an emergency or otherwise, for a minimum of one (1) block
(approximately 500 feet) in length from the open cut, unless determined otherwise by the Director.
9.4 As -Built Maps. Within fifteen (15) days of a written request by the City, Franchisee
shall submit to the Director plans, stamped by a Professional Engineer licensed by the State of
Washington, showing the "as -built" location of the Facilities.
9.5 Joint Trench. If Franchisee shall at any time plan to make excavations in any area
covered by this Franchise, Franchisee shall afford the City, upon receipt of a written request to do so,
an opportunity to share such excavation, PROVIDED THAT:
Ordinance No. 23- Page 11 of 36
9.5.1 Such joint use shall not unreasonably delay the work of the
Franchisee causing the excavation to be made;
9.5.2 Such joint use shall be arranged and accomplished on terms and
conditions satisfactory to both parties; and
9.5.3 Franchisee may deny such request for safety reasons.
9.6 Open Utility Trenches. Franchisee shall be entitled to reasonable access to open
utility trenches when the City is constructing new utility trenches, provided that such access does not
interfere with the City's placement of utilities or increase the City's costs. Franchisee shall pay to the
City the actual cost to the City resulting from providing Franchisee access to an open trench,
including without limitation the pro rata share of the costs of access to an open trench, additional
costs, as determined by the City, attributed to Franchisee due to Franchisee's request to access the
utility trenches, and any costs associated with the delay of the completion of a Public Project.
Further, the City may deny such requests if:
9.6.1 Such joint use unreasonably delays the work of the City;
9.6.2 The parties cannot agree on terms and conditions; or
9.6.3 Granting access to the utility trench creates a safety concern.
9.7 Safety. Franchisee shall, at all times, employ professional care and shall install and
maintain and use industry -standard methods for preventing failures and accidents that are likely to
cause damage, injuries, or nuisances to the public. All structures and all lines, equipment, and
connections in, over, under, and upon the Rights -of -Ways, wherever situated or located, shall at all
times be kept and maintained in a safe condition. Franchisee shall comply with all federal, State, and
Ordinance No. 23- Page 12 of 36
City safety requirements, rules, regulations, laws, and practices, and employ all necessary devices as
required by applicable law during the construction, operation, maintenance, upgrade, repair, or
removal of its Facilities. Upon reasonable notice to Franchisee, the City reserves the general right to
inspect the Facilities to evaluate if they are constructed and maintained in a safe condition.
9.8 Additional Safety Standards.
9.8.1 Franchisee shall endeavor to maintain all equipment and Facilities
in an orderly manner, including, but not limited to, the removal of all unused pipe and
appurtenances within Rights -of -Way.
9.8.2 All installations of equipment, and Facilities shall be installed in
accordance with industry -standard engineering practices and shall comply with all federal, State,
and local regulations, ordinances, and laws.
9.8.3 Any opening or obstruction in the Rights -of -Way or other public
places made by Franchisee in the course of its operations shall be protected by Franchisee at all
times by the placement of adequate barriers, fences, or boarding, the bounds of which, during
periods of dusk and darkness, shall be clearly marked and visible.
9.9 Stop Work Order. On notice from the City that any work is being performed contrary
to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or
in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the
work may immediately be stopped by the City. The stop work order shall:
9.9.1 Be in writing;
9.9.2 Be given to the person doing the work or posted on the work site;
Ordinance No. 23- Page 13 of 36
9.9.3 Be sent to Franchisee by overnight delivery;
9.9.4 Indicate the nature of the alleged violation or unsafe condition; and
9.9.5 Establish conditions under which work may be resumed.
Section 10. Survey Markers and Monuments
10.1 Survey Markers and Monuments. Franchisee shall, using a licensed surveyor,
immediately replace all markers or monuments disturbed during any work by Franchisee within the
Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed
monuments or markers.
10.2 Surface Markings/Stakes. Prior to Franchisee commencing any excavation work
within the Franchise Area, Franchisee shall reference all monuments and markers relating to
subdivisions, plats, highways, and other surveys. The reference points shall be located so that they
shall not be disturbed during the Franchisee's operations under this Franchise. The method of
referencing these monuments or other points shall be approved by the City before placement. The
construction shall be made as expeditiously as conditions permit, and as directed by the City. The
cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of
the monuments, shall be borne solely by the Franchisee. A complete set of reference notes for
monuments and other ties shall be filed with the City.
Section 11. Work of Subcontractors and Contractors
Franchisee's contractors and subcontractors shall be licensed and bonded in accordance with
State law and the City's ordinances, regulations, and requirements. Work by contractors and
subcontractors are subject to the same restrictions, limitations, and conditions as if the work were
performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors
Ordinance No. 23- Page 14 of 36
and subcontractors and others performing work on its behalf as if the work were performed by
Franchisee and shall ensure that all such work is performed in compliance with this Franchise and
applicable law.
Section 12. Right of City to Complete Work
12.1 Non-Compliance/Work Performed by City. In the event Franchisee fails to comply
with any applicable federal, state or City laws, ordinances, rules, regulations, or standards or with
any of the terms of this Franchise, or if such work by Franchisee endangers property or the public
and such noncompliance continues for a period of ten (10) days after Franchisee receives written
notice from the City regarding the noncompliance, the City may, but in no event is the City obligated
to, order any work completed, including without limitation Franchisee's obligation to repair pursuant
to Section 14 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section
13 herein. If the City causes such work to be done by its own employees or by any person or entity
other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the
City for all reasonable costs and expenses incurred by the City in having such work performed,
which costs may include the City's reasonable overhead expenses and attorneys' fees; however, the
City shall not have any water work accomplished by any person or entity other than Franchisee or a
qualified and licensed water utility contractor.
12.2 Emergency Work Performed by C The City retains the right and privilege to cut or
move any Facilities located within the Rights -of -Way of the City, as the City may determine to be
necessary, appropriate, or useful in response to any public health or safety emergency. Consistent
with Section 22.2, Franchisee shall reimburse the City for the costs associated with the repair.
Ordinance No. 23- Page 15 of 36
12.3 No Liability for Damage. The City shall not be liable for any damage to or loss of
Facilities within the Rights -of -Way as a result of or in connection with any public works, public
improvements, construction, grading, excavation, filling, or work of any kind in the Rights -of -Way
by or on behalf of the City, except to the extent directly and proximately caused by the negligence or
willful acts of the City, its employees, contractors, or agents. The City shall further not be liable to
Franchisee for any direct, indirect, or any other such damages suffered by any person or entity of any
type as a direct or indirect result of the City's actions under this Section 12 except to the extent
caused by the negligence or willful acts of the City, its employees, contractors, or agents.
Section 13. Required Relocation of Facilities
13.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy all
or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose
that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein
include, without limitation, the construction, installation, and/or maintenance of any electrical, sewer
or storm drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and lanes,
equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects.
13.2 City's Duties. In the event the City undertakes any work, Public Project, or necessary
maintenance within the Rights -of -Way in which Franchisee's facilities are located, and such work
necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City
shall:
13.2.1 Pursuant to RCW 35.21.905, or as amended, consult with the
Franchisee in the predesign phase of any such Public Project in order to coordinate the
project's design with Franchisee's Facilities within the project area.
Ordinance No. 23- Page 16 of 36
13.2.2 Provide the Franchisee, at least one hundred twenty (120) days prior to
the advertisement for bid of construction of such Public Project, written notice that a project is
expected to require the relocation of Franchisee's Facilities, together with reasonably accurate
and specific plans and specifications for such grading, widening, or construction and a
proposed new location within the Franchise Area for the Franchisee's Facilities.
13.2.3 Coordinate and work diligently with the Franchisee to minimize
conflicts between existing Facilities and the project improvements where possible, and to avoid
having the Franchisee relocate its Facilities, whenever possible. The Franchisee acknowledges that
there may be situations and circumstances where no other feasible alternatives are available.
13.2.4 Nothing in this section shall be construed as to relieve Franchisee of its
duty and obligation to relocate its Facilities, at Franchisee's sole cost, for any improvement project
undertaken by, or on behalf of, the City in the interest of public health, safety, welfare, or necessity,
as adjudged in the sole discretion of the City.
13.3 Franchisee's Duties. Within one hundred twenty (120) days of receipt of the City
notice under Section 13.2.2 requiring relocation and receipt of the plans and specifications pursuant
to Section 13.2.2, Franchisee shall raise, lower, or move such Facilities within the Franchise Area at
its sole cost and expense to the location or position directed by the City, to cause the least
interference with the improvement, repair, or alteration contemplated by the City and to conform to
such new grades as may be established. If the City improves a Right -of -Way, Franchisee shall, at its
sole cost and expense, upon receipt of notice, replace the Facilities located in the improved subgrade
of the improvement with substitute Facilities conforming to the specifications for the improvement
of the Right -of -Way.
Ordinance No. 23- Page 17 of 36
13.4 Relocation Alternatives. After receipt of such notice and such plans and
specifications, Franchisee may submit to the City written alternatives to such relocations within
thirty (30) days. The City shall within a reasonable time evaluate such alternatives and advise the
Franchisee in writing whether one or more of the alternatives is suitable to accommodate work that
would otherwise necessitate relocation of the Facilities. If so requested by the City, Franchisee shall
submit such additional information as is reasonably necessary to assist the City in making such
evaluation. The City shall give each alternative full and fair consideration. If the City reasonably
determines that none of the alternatives is suitable, the City shall provide the Franchisee with further
written notice to that effect, and the Franchisee shall then relocate its Facilities by its own forces, by
separate public works contract or by participating in the City's Public Project. The City shall
cooperate with the Franchisee to designate a substitute location for its Facilities within the Franchise
Area. The City will establish a date by which Facilities will be relocated, which date will be not less
than one hundred twenty (120) days after further written notice to the Franchisee as to the Facilities
to be relocated. Franchisee must finish relocation of each such Facility by the date so established.
13.5 Delay. Upon a notification of a relocation delay due to Franchisee, Franchisee agrees
to work cooperatively with the City, other franchisees and utilities and the City's third -party
contractor to resolve any such issues. If the Franchisee is unable to informally resolve the claims of
a City contractor, subcontractor, and/or a third -party claim that arises from Franchisee's relocation
delays, the Franchisee shall indemnify, defend and hold harmless the City pursuant to Section 23
from costs, claims or liability arising from such delay. The delay claim of a City utility whose
funding and operations are required by Washington state law to be kept separate from those of the
City's general fund shall be considered a third party claim for the purposes of this resolution process
Ordinance No. 23- Page 18 of 36
and the indemnity. The parties acknowledge and agree that Franchisee shall not be responsible for
these indemnifications, defense or hold harmless requirements and/or costs, claims, liability and/or
damages due to delays caused by circumstances beyond the control of Franchisee; the negligence,
willful misconduct, unreasonable delay of the City, or failure of the City to give timely notice(s); or
the negligence, willful misconduct or delay of any unrelated third party. In the event that the acts of
a third party as set forth in the preceding sentence contribute to the delay, the Franchisee may be
liable for its proportionate share of the costs, claims or liability. Circumstances beyond the control of
Franchisee is defined for purposes of this Franchise as strikes, lockouts, sit-down strike, unusual
transportation delays, riots, floods, washouts, explosions, earthquakes, fire, storms, weather
(including inclement weather which prevents construction), acts of the public enemy, wars, terrorism,
insurrections, pandemics, government orders or mandates, and any other similar act of God event.
13.6 Locate. Upon request of the City and in order to facilitate the design of City street
and Rights -of -Way improvements, Franchisee agrees, at its sole cost and expense, to locate, and if
reasonably determined necessary by the City, to excavate and expose its Facilities for inspection so
that the Facilities' location may be taken into account in the improvement design. The decision as to
whether any Facilities need to be relocated in order to accommodate the City's improvements shall
be made by the City upon review of the location and construction of Franchisee's Facilities; and in
compliance with Section 13.3 The City shall provide Franchisee at least fourteen (14) days' written
notice prior to any request for excavation or exposure of Facilities. The City will issue to the
Franchisee any required permits to locate the Franchisee's Facilities at no cost to the Franchisee.
13.7 Third Party Relocations. Whenever any person or entity, other than the City, requires
the relocation of Franchisee's Facilities to accommodate the work of such person or entity within the
Ordinance No. 23- Page 19 of 36
Franchise Area, the City agrees not to use its authority to require the Franchisee to relocate the
existing Facilities.
Section 14. Damage Repair
In case of damage caused by the Franchisee, its agents or employees, or by the Franchisee's
Facilities to Rights -of -Way, or to public and private improvements within or adjacent to Rights -of -
Way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall,
upon discovery of any such damage, immediately notify the City. The City will inspect the damage
and set a time limit for completion of the repair. If the City discovers damage caused by the
Franchisee to Rights -of -Way, or to public and private improvements within or adjacent to Rights -of -
Way, the City shall give the Franchisee notice of the damage and set a time limit in which the
Franchisee must repair the damage. In the event the Franchisee does not repair a right-of-way or an
improvement as required in this section, the City may repair the damage pursuant to Section 12 of
this Agreement. Notwithstanding the foregoing, Franchisee shall not be responsible for damages
caused by third parties or resulting from other utility facilities or conditions.
Section 15. Default
15.1 Remedies. The City may elect, without any prejudice to any of its other legal rights
and remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee to
comply with the provisions of the Franchise and to recover damages and costs incurred by the City
by reason of Franchisee's failure to comply. In addition to any other remedy provided herein, the City
reserves the right to pursue any remedy to compel or force Franchisee and/or its successors and
assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not
prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions
herein. Provided, further, that by entering into this Franchise, it is not the intention of the City or
Ordinance No. 23- Page 20 of 36
Franchisee to waive any other rights, remedies, or obligations as otherwise provided by law equity, or
otherwise, and nothing contained herein shall be deemed or construed to effect any such waiver.
15.2 Notice and Cure; Damages. If Franchisee shall violate, or fail to comply with any of
the provisions of this Franchise, or should it fail to heed or comply with any notice given to
Franchisee under the provisions of this Franchise, the City shall provide Franchisee with written
notice specifying with reasonable particularity the nature of any such breach and Franchisee shall
undertake commercially reasonable efforts to cure such breach within thirty (30) days of receipt of
notification. If the parties reasonably determine the breach cannot be cured within (30) thirty days,
the City may specify a longer cure period, and condition the extension of time on Franchisee's
submittal of a plan to cure the breach within the specified period, commencement of work within the
original thirty (30) day cure period, and diligent prosecution of the work to completion. If the breach
is not cured within the specified time, or Franchisee does not comply with the specified conditions,
City may, at its discretion, (1) commence revocation proceedings pursuant to Section 15.3, or (2)
pursue other remedies as described in Section 15.1 above.
15.3 Revocation of Franchise. If Franchisee willfully violates or fails to comply with any
of the provisions of this Franchise, or through willful misconduct or gross negligence fails to heed
or comply with any notice given Franchisee by the City under the provisions of this Franchise, then
Franchisee shall, at the election of the Federal Way City Council, forfeit all rights conferred
hereunder and this Franchise may be revoked or annulled by the Council after a hearing held upon
notice to Franchisee.
Ordinance No. 23- Page 21 of 36
Section 16. Limited Rights
This Franchise is intended to convey only a limited right and interest to Franchisee in the
Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in
or to the Franchise Area to Franchisee. The City reserves the right to limit or exclude Franchisee's
access to a specific route, public Rights -of -Way or other location when, in the judgment of the
Director there is inadequate space (including but not limited to compliance with ADA clearance
requirements and maintaining a clear and safe passage through the Rights -of -Way), a pavement
cutting moratorium, unnecessary damage to public property, public expense, inconvenience, or
interference with City utilities; provided that Franchisee shall be granted reasonable access to
existing Facilities.
Section 17. Eminent Domain
The existence of this Franchise shall not preclude the City from acquiring by condemnation,
in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise
Area for the fair market value thereof. In determining the value of such Facilities, no value shall be
attributed to the right to occupy the Franchise Area conferred by this Franchise.
Section 18. Non -Assumption
In consideration of the Franchisee bearing all costs for Fire Suppression Systems as described
in Section 5, and for other terms and conditions of this Franchise, the City agrees not to exercise and
to forbear its statutory authority pursuant to chapter 35.13A RCW or other statutes to attempt to
assume jurisdiction over all or part of the Franchisee or any Franchisee's responsibilities, property,
facilities, equipment or utility customers located within or without the City's corporate limits during
the term of this Franchise. The City's agreement and forbearance includes not facilitating or
cooperating with any other city or town to attempt pursuant to RCW 35.13A.060 or as such statute
Ordinance No. 23- Page 22 of 36
may be amended or superseded to assume jurisdiction over the Franchisee or any Franchisee's
responsibilities, property, facilities, equipment or utility customers located within or without the
City's corporate limits during the term of this Franchise.
Section 19. Vacation
If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City
shall notify Franchisee in writing not less than thirty (30) days before vacating all or any portion of
the Franchise Area, if Franchisee has Facilities within such area planned for vacation. The City may,
after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such
vacated area. At Franchisee's request, the City will, if practicable, reserve an easement for
Franchisee's existing facilities to continue to use the vacated area. Franchisee must provide to the
City information necessary for the City to reserve such easement within the thirty (30) day period.
The City will not be liable for any damages or loss to the Franchisee by reason of such vacation
provided notice was properly given in accordance with this Section.
Section 20. Compliance with Laws
20.1 General. Franchisee shall comply with all applicable federal, state and City laws,
franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter
amended or adopted, including without limitation the State Environmental Policy Act; provided,
however, that if any term or condition of this Franchise and any term or condition of any City law,
code, franchise, resolution, regulation, standard, procedure, permit, or approval are in conflict, the
term or condition of this Franchise will control.
20.2 Future City of Federal Way Regulation. _ Franchisee acknowledges that the City may
pursuant to the City's legitimate police power to protect the safety and welfare of the general public,
develop rules, regulations, ordinances, and specifications for the use of the Rights -of -Way which
Ordinance No. 23- Page 23 of 36
shall govern Franchisee's Facilities and activities hereunder, provided that the City shall not
unreasonably affect or modify any portion of this Franchise without the Franchisee's written
approval.
Section 21. Guarantee
Franchisee shall guarantee work completed by the Franchisee under this Franchise for a
period of ten (10) years after completion by the Franchisee against settlement or repair including
Facilities and Rights -of -Way restoration, except for settlement and repairs caused by the actions of
the City or third parties, or conditions beyond the control of the Franchisee.
Section 22. Charge for Administrative Costs
22.1 Administrative Fee. Franchisee shall pay a one-time fee for the actual administrative
expenses incurred by the City that are directly related to the receiving and approving this Franchise,
including the costs associated with the City's legal costs incurred in drafting and processing this
Franchise. Such administrative fee shall be offset against the fee deposit required pursuant to
FWMC 4.22.040; provided, however, if the administrative fee exceeds the fee deposit, then the
Franchisee shall remit such additional amounts within thirty (30) days of receipt of an invoice from
the City. No construction permits shall be issued for the installation of Facilities authorized until
such time as the City has received payment of this fee. Franchisee shall further be subject to all
permit fees associated with activities undertaken through the authority granted in this Franchise or
under the laws of the City. Where the City incurs costs and expenses for review, inspection, or
supervision of activities, including but not limited to reasonable fees associated with attorneys,
consultants, City Staff and City Attorney time, undertaken through the authority granted in this
Franchise or any ordinances relating to the subject for which a permit fee is not established,
Ordinance No. 23- Page 24 of 36
Franchisee shall pay such costs and expenses directly to the City in accordance with the provisions of
Section 22.3.
22.2 Emergency Repair Costs. In addition to Section 22.1, Franchisee shall promptly
reimburse the City in accordance with the provisions of Section 22.3 and Section 22.4 for any and all
costs the City reasonably incurs in response to any emergency situation involving Franchisee's
Facilities, to the extent said emergency is not the fault of the City or other third party.
22.3 Reimbursement of Expenses. Franchisee shall reimburse the City within sixty (60)
days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by
project, for Franchisee's proportionate share of all actual, identified expenses incurred by the City in
planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of
the presence of Franchisee's Facilities in the Rights -of -Way. Such costs and expenses shall include
but not be limited to Franchisee's proportionate cost of City personnel assigned to oversee or engage
in any work in the Rights -of -Way as the result of the presence of Franchisee's Facilities in the
Rights -of -Way. Such costs and expenses shall also include Franchisee's proportionate share of any
time spent reviewing construction plans in order to either accomplish the relocation of Franchisee's
Facilities or the routing or rerouting of any City utilities so as not to interfere with Franchisee's
Facilities.
22.4 Calculation of Costs. The time of City employees shall be charged at their respective
rate of salary, including overtime if applicable, plus benefits and reasonable overhead. Any other
costs will be billed proportionately on an actual cost basis. All billings will be itemized so as to
specifically identify the costs and expenses for each project for which the City claims
reimbursement. A charge for the actual costs incurred in preparing the billing may also be included in
Ordinance No. 23- Page 25 of 36
said billing. At the City's option, the billing may be on an annual basis, but the City shall provide the
Franchisee with the City's itemization of costs, in writing, at the conclusion of each project for
information purposes.
Section 23. Indemnification
23.1 General. Franchisee agrees to indemnify and hold harmless and defend the City, its
elected officials, officers, employees, agents, and volunteers from any and all claims, demands,
losses, actions, and liabilities (including costs and all attorneys' fees) to or by any and all persons or
entities, including, without limitation, their respective agents, licensees, or representatives, arising
from, resulting from, or connected with this Franchise to the extent caused in part or in whole by the
acts, errors or omissions of the Franchisee, its officials, agents, or employees, or by the Franchisee's
breach of any provisions of this Franchise; provided, however, that this section shall not be construed
as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages
arising from the negligence or intentional misconduct of the City, its agents or employees. These
indemnification obligations shall extend to claims that are not reduced to a suit and any claims that
may be compromised, with Franchisee's prior written consent, prior to the culmination of any
litigation or the institution of any litigation.
23.2 Notification. In the event any claim, demand, suit or action is commenced against the
City that gives rise to Franchisee's obligation pursuant to this Section 23, the City shall promptly
notify Franchisee thereof. The City's failure to so notify and request indemnification shall not relieve
Franchisee of any liability that Franchisee might have, except to the extent that such failure
prejudices Franchisee's ability to defend such claim or suit. Franchisee's selection of an attorney to
defend any such claim, demand, suit, or action shall be subject to the City's approval, which shall not
Ordinance No. 23- Page 26 of 36
be unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except
with prior written consent of the City, which shall not be unreasonably withheld. The City shall have
the right at all times to participate through its own attorney in any suit or action which arises
pursuant to this Franchise when the City determines that such participation is required to protect the
interest of the City or the public. In the event that Franchisee refuses the tender of defense in any suit
or any claim, as required pursuant to the indemnification provisions within this Franchise, and said
refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the
parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee,
Franchisee shall pay all of the City's reasonable costs for defense of the action, including all expert
witness fees, costs, and attorney's fees, and including costs and fees incurred in recovering under this
indemnification provision.
23.3 Limits on Indemnity. In the event it is determined that RCW 4.24.115 applies to this
Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent
permitted thereunder, to the full extent of Franchisee's negligence. It is further specifically and
expressly understood that the indemnification provided constitutes Franchisee's waiver of immunity
under Title 51 RCW, solely for the purposes of this indemnification, relating solely to indemnity
claims made by the City directly against the Franchisee for claims made against the City by
Franchisee's employees. This waiver has been mutually negotiated by the parties.
23.4 Inspection or Acceptance of Work. Inspection or acceptance by the City of any work
performed by Franchisee at the time of completion of construction shall not be grounds for avoidance
by Franchisee of any of its obligations under this Section 23. Notwithstanding any other provisions
of this Section 23, Franchisee assumes the risk of damage to its Facilities located in the Rights -of -
Ordinance No. 23- Page 27 of 36
Way and upon City -owned property from activities conducted by the City, its officers, agents,
employees, volunteers, elected and appointed officials, and contractors, except to the extent any such
damage or destruction is caused by or arises from any negligent, willful, or criminal actions on the
part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or
contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against any
claims for damages, including, but not limited to, business interruption damages, lost profits and
consequential damages, brought by or under users of Franchisee's Facilities as the result of any
interruption of service due to damage or destruction of Franchisee's Facilities caused by or arising
out of activities conducted by the City, its officers, agents, employees or contractors, except to the
extent any such damage or destruction is caused by or arises from the negligence or any willful, or
criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or
appointed officials, or contractors.
Section 24. Insurance
24.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following
insurance, in such forms and with such carriers as are satisfactory to the City.
24.1.1 Workers' compensation and employer's liability insurance in
amounts sufficient pursuant to the laws of the State of Washington;
24.1.2 Commercial general liability insurance with combined single limits
of liability not less than $5,000,000 for bodily injury, including personal injury or death, products
liability, contractual coverage, operations, explosion, collapse, underground and property
damage; and
Ordinance No. 23- Page 28 of 36
24.1.3 Automobile liability insurance with combined single limits of
liability not less than $5,000,000 for bodily injury, including personal injury or death, and
property damage.
24.1.4 Umbrella liability policy with limits not less than $1,000,000 per
occurrence and $5,000,000 in the aggregate.
24.1.5 If Franchisee maintains umbrella insurance (primary, excess, or a
combination thereof) that exceeds the above insurance limits, such insurance shall constitute
compliance with this Section.
24.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and
automobile liability insurance policies shall be endorsed to contain the following provisions:
24.2.1 The City, its officers, elected officials, employees, and volunteers are to
be named as additional insured;
24.2.2 Coverage shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability; coverage shall be
primary as to the City, its officers, officials, employees, and volunteers. Any insurance or self-
insurance by the City, its officers, officials, employees, or volunteers shall be in excess of
Franchisee's required insurance.
24.3 Verification of Coverage. Franchisee shall furnish the City with certificates of
insurance and original endorsements evidencing the coverages required by this Section. The
certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage
on its behalf and must be received and approved by the City prior to the commencement of any work.
At the City's request, Franchisee shall deliver certified copies of all required insurance policies.
Ordinance No. 23- Page 29 of 36
24.4 Cancellation of Policy. Upon receipt of notice from its insurer(s) Franchisee shall use
commercially reasonable efforts to provide the City with thirty (30) days prior written notice of any
such cancellation. Within fifteen (15) days prior to said cancellation or intent not to renew,
Franchisee shall obtain and furnish to the City replacement insurance policies meeting the
requirements of this Section 24. Failure to provide the insurance cancellation notice and to furnish to
the City replacement insurance policies meeting the requirements of this Section 24 shall be
considered a material breach of this Franchise and subject to the City's election of remedies
described in Section 15.1 and above. Notwithstanding the cure period described in Section 0, the
City may pursue its remedies immediately upon a failure to furnish replacement insurance.
24.5 No Limitation on Liability. Franchisee's maintenance of insurance as required by this
Section 24 shall not be construed to limit the liability of Franchisee to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or equity. Further,
Franchisee's maintenance of insurance policies required by this Franchise shall not be construed to
excuse unfaithful performance by Franchisee.
24.6 Self -Insurance. As of the effective date of this Franchise, Franchisee is not self -
insured. Should Franchisee wish to become self -insured at the levels outlined in this Franchise at a
later date, Franchisee must provide the City with thirty (30) days advanced written notice of its intent
to self -insure. In order to self -insure, Franchisee shall comply with the following: (i) provide a
written attestation that Franchisee possesses the necessary amount of unencumbered financial assets
to support the financial exposure of self-insurance, as evidenced by an outside auditor's review of
Franchisee's financial statements; (ii) the City, upon request, may review Franchisee's financial
statements; (iii) Franchisee is responsible for all payments within the self -insured retention; and (iv)
Ordinance No. 23- Page 30 of 36
Franchisee assumes all defense and indemnity obligations as outlined in the indemnification section
of this Franchise. These requirements may be modified by written amendment executed by both
parties.
Section 25. Bond
The Franchisee, as a public agency, shall not be required to comply with the City's standard
bonding requirement for working in the City's Rights -of -Way.
Section 26. Abandonment
26.1 In the event that the use of any part of the Facilities are discontinued for any reason
for a continuous period of six (6) months or more, or in the event such system or property has been
installed in any Rights -of -Way or other public place without complying with the requirements of this
Franchise or other City ordinances, Franchisee shall, upon being given thirty (30) days' notice,
remove at its expense all such discontinued Facilities other than any which the City may permit to be
abandoned in place, with approval not to be unreasonably withheld. In the event of such removal,
Franchisee shall promptly restore the Rights -of -Way or other areas from which such property has
been removed to a condition satisfactory to the City.
26.2 Any property of Franchisee remaining in place ninety (90) days after such notice,
termination or expiration of this Franchise shall be considered permanently abandoned. The City may
extend such time not to exceed an additional ninety (90) days. Any costs incurred by the City in
safeguarding such Facilities or removing the Facilities shall be reimbursed by Franchisee. Nothing
contained within this Section 26 shall prevent the City from compelling Franchisee to remove any
such Facilities through judicial action when the City has not permitted Franchisee to abandon said
Facilities in place.
Ordinance No. 23- Page 31 of 36
26.3 Any property of Franchisee to be abandoned in place shall be abandoned in such
manner as the City shall prescribe. Upon permanent abandonment of the property of Franchisee in
place, the property shall become that of the City, and Franchisee shall submit to the City Clerk an
instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of
such property.
26.4 The provisions of this Section 26 shall survive the expiration, revocation, or
termination of this Franchise.
Section 27. General Provisions
27.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Franchise and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
27.2 Modification. No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the Parties.
27.3 Assignment. All of the provisions, conditions, and requirements herein contained
shall be binding upon the Franchisee, and no right, privilege, license or authorization granted to the
Franchisee hereunder may be assigned or otherwise transferred without the prior written
authorization and approval of the City, which the City may not unreasonably withhold, condition or
delay, provided that a merger or consolidation of Franchisee with or into another Title 57 water -
sewer district shall not be considered an assignment for the purposes of this provision and shall not
be subject to the City's approval.
27.4 Governing Law. This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington. Venue for any dispute related to
Ordinance No. 23- Page 32 of 36
this Franchise shall be the United States District Court for the Western District of Washington, or
King County Superior Court.
27.5 Authori . Each individual executing this Franchise on behalf of the City and
Franchisee represents and warrants that such individual is duly authorized to execute and deliver this
Franchise on behalf of the Franchisee or the City.
27.6 Notices. Any notices required to be given by the City to Franchisee or by Franchisee
to the City shall be delivered to the parties at the following addresses:
CITY OF FEDERAL WAY
Attn: Public Works Director
33325 8th Avenue South
Federal Way, WA 98003
with a copy to:
CITY OF FEDERAL WAY
Attn: City Attorney
33325 8th Avenue South
Federal Way, WA 98003
HIGHLINE WATER DISTRICT
Attn: General Manager
23828 30th Ave S
Kent, WA 98032
Any notices shall be delivered personally to the addressee of the notice or sent by United
States certified mail, postage prepaid, to the address set forth herein. Any notice so sent shall be
deemed received three (3) business days after the date of mailing.
27.7 Captions. The respective captions of the sections of this Franchise are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect in any respect
any of the provisions of this Franchise.
27.8 Remedies Cumulative. Any remedies provided for under the terms of this Franchise
are not intended to be exclusive but shall be cumulative with all other remedies available to the City
at law, in equity or by statute.
Ordinance No. 23- Page 33 of 36
27.9 Hazardous Substances. Franchisee shall not introduce or use any hazardous
substances (chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee
allow any of its agents, contractors or any person under its control to do the same. Franchisee will be
solely responsible for and will defend, indemnify and hold the City, its officers, officials, employees,
agents and volunteers harmless from and against any and all claims, costs and liabilities including
reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of
the property associated with Franchisee's use, storage, or disposal of hazardous substances, whether
or not intentional, and the use, storage, or disposal of such substances by Franchisee's agents,
contractors or other persons acting under Franchisee's control, intentional or not.
Section 28. Severability
If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
Franchise.
Section 29. Ratification
Any act consistent with the authority and prior to the effective date of this Franchise is hereby
ratified and affirmed.
Section 30. Effective Date
This Franchise shall take effect and be in full force five (5) days after its passage and
publication, according to law (see Effective Date below).
PASSED by the City Council of the City of Federal Way this day of
520
CITY OF FEDERAL WAY:
Ordinance No. 23- Page 34 of 36
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 23- Page 35 of 36
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted License and
acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions
and obligations contained therein.
DATED this day of 120
HIGHLINE WATER DISTRICT:
Its:
Ordinance No. 23- Page 36 of 36
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COUNCIL MEETING DATE: October 17, 2023 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ON -CALL SIDEWALK AND CURB REPLACEMENT CONTRACT- APPROVAL TO AWARD
POLICY QUESTION: Should the Council authorize the award of the On -Call Sidewalk and Curb Replacement
Contract to the lowest responsive, responsible bidder?
COMMITTEE: Land Use and Transportation MEETING DATE: October 2, 2023
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jarred Larson, Operations_ Manager - DEPT: Public Works
Attachments: 1. LUTC Memorandum dated October 2, 2023.
2. Bid Tabulation
Options Considered:
1. Authorize the award of the On -Call Sidewalk and Curb Replacement Contract to Asphalt
Patch Systems, Inc., the lowest responsive, responsible bidder, in the amount not -to -exceed
$350,000.00 for a three-year term with the option for one, one-year extension.
2. Do not authorize award of the On -Call Sidewalk and Curb Replacement Agreement and
provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
DIRECTOR
APPROVAL:
ra InitiaVDate
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the October 17, 2023 consent agenda for
approval. "
Jack Dove , Committee Chair Jack Walsh, Committee Member Hoan2 TranCommittee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to
execute said agreement. "
(BELOW TO BE COMPLETED BY CITY 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: October 2, 2023
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director G
Jarred Larson, Public Works Operations Manager
-
SUBJECT: On -Call Sidewalk and Curb Replacement Contract — Approval to Award.
Financial -Impacts:
The cost to the City for On -Call Sidewalk and Curb Replacement Contract was included
within the approved budget under the Streets Operations and Maintenance budget (Fund
101). In accordance with the approved budget, this item is funded by a combination of city
general fund revenue and Motor Vehicle Excise Tax (MVET). In addition, this Contract may
be funded from the annual ADA Retrofit Project in the transportation capital budget (Fund
306). Fund 306 is funded from a combination of Real Estate Excise Tax (BEET), MVET,
and Traffic Impact Fees (TIF). There are no additional maintenance costs since this is
replacement of existing infrastructure.
Backvround Information:
Sidewalks and curbs that are showing signs of deterioration are currently placed onto a
maintenance repair list. Given the number of sidewalks,and curbs in need of
repair/replacement and being a regular occurring maintenance item, the city is pursuing
an on -call contract to complete some of this work. To save administrative time from
annual bidding, staff requests bids for a multi -year unit priced contract that includes
provisions for annual rate increases tied to the Puget Sound consumer price index (CPI).
Request for bids was issued through the small works contract process. Three bids were
received (See attached bid tabulations). Bid prices are for establishing unit -specific rates
for typical work requested and provided a basis for determining the lowest responsive,
responsible bidder. The Bid totals do not reflect the actual amount of work to be
completed.
The proposed award amount is the not -to -exceed amount of $350,000 which is the
maximum dollar amount that can be paid under a small works contract. Estimated dollars
spent on these services range from $20,000 to $100,000 per year. The initial term is
proposed to be for three (3) years with an option to extend for one, one-year term. The
Rev. 7/18
term proposed is the maximum allowed under state law for unit priced on -call contracts.
RID TABULATIONS
ON -CALL SIDEWALK AND CURB REPAIR (RFB 23-013)
Bid Review: September 15, 2023
Contractor
Asphalt Patch Systems, Inc.
Puyallup, WA
Contractor
AA Asphalting, LLC
Sumner, WA
Contractor
T Stone Construction, LLCM
Puyallup. WA
�R
Description
QtV
Units
Unit Price
Total
Unit Price
Total
Unit Price
Total
1
Mobilization^
1
LS
N/A
N/A
N/A
N/A
N/A
N/A
2
Traffic Control Supervisor
4
HR
15000
600.00
5100.00
400.00
420.DU
3
Other Traffic Control Labor
10
HR
200-00
2.000.00
585.00
850.00
700.00
4
FI ers
10
HR
75.00
750.00
S85.00
850.00
;5500.00
700.00
5
Traffic Control Devices
1
FA
500.00
500.00
$500.00
500.00
500.00
6
Sawcuttin
30
LF
20.00
600.00
S20.00
600.00
750.00
7
Remove Curb and Gutter
15
LF
40.00
600.00
$10.00
150.00
$25,00
375.00
8
Remove Extruded Curb
30
LF
30.00
900.00
510.00
300.00
S25.00
750.00
9
Remove Concrete Sidewalk
8
SY
60.00
480.00
S10.00
80.00
$410.00
3,280.00
10
Remove HMA
1
CY
400.00
400.00
510.00
10.00
5410.00
410.00
11
Crushed Surfacing Top Course
3
TON
100.00
300.00
$200.00
600.00
SM-00
450.00
12
Commercial HMA
2
TON
540.00
1.080.00
51.000.00
2,00000
5325.00
650.0
13
Cement Conc. Traffic Curb and Gutter
15
LF
125.00
1,875.00
$300.00
4.,500.00
$125.00
1,875.00
14
Extruded Curb
30
LF
50.00
L50ao0
$100.00
3.000-00
S125.00
3,750.00
15
Cement Concrete Curb Ramp Type Perpendicular
1
EA
2,500.00
2,500.00
7,500.00
7,500.00
125.00
125.00
16
Cement Concrete Curb Ramp Type Parallel
1
EA
3,500.00
3,500.00
7,500.00
7,50000
125.00
125.00
17
Detectable Warning Surface
20
SF
25.00
500.00
20.00
400.00
70.00
1,400.00
18
Cement Conc. Sidewalk
8
SY
275.00
2,200.00
375.00
3,000.00
250.00
2,000.00
^10% Mobilization to be added to each location
TOTAL
20,285.00
32. 240 00
18.260.00
'Irregular bid price
"Bid rejected due to irregular
bid prices.
Rev. 7/18
COUNCIL MEETING DATE: October 17, 2023
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMEND THE 2023 RIGHT-OF-WAY LANDSCAPE MAINTENANCE CONTRACT
ITEM #:
POLICY QUESTION: Should council amend the 2023 Right -of -Way Landscape Maintenance contract?
COMMITTEE: Land Use and Transportation MEETING DATE: October 2, 2023
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jarred Larson DEPT: Public Works
Attachments: 1. Staff Report
Options Considered:
1. Approve amendment of the 2023 Right -of -Way Landscape Maintenance contract with
Macmor, Inc. through December 31, 2025 for an additional not -to -exceed amount of
$478,784.04, provided that contract authorization for 2025 is contingent upon budget
approval.
2. Do not approve the pro"osed amendment and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
DIRECTOR APPROVAL: 903
L Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed contract amendment to the October 17, 2023
consent agenda for approval.
Jack Dovey, Committee Chair Jack Walsh, Committee Hoang Tran, Committee
Member Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed amendment to the 2023 Right -of -Way
Landscape Maintenance contract with Macmor, Inc. through December 31, 2025, for an additional not -to -
exceed amount of $478, 784.04, provided that contract authorization for 2025 is contingent upon budget
approval."
(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 4
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 2, 2023
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
EJ Walsh, P.E., Public Works Director
Jarred Larson, Public Works Operations Manager
FROM:
SUBJECT: Amend 2023 Right -of -Way Landscape Maintenance Contract
Financial Impacts -
The cost to the City for 2023 Right-of-way Landscape Maintenance Contract was included within
the proposed 2023-2024 budget under the Public Works Street Operations Fund 101 and Solid
Waste Fund 106. In accordance with the proposed budget, this item is funded annually by $135,000
from the General Fund and $80,000 from Solid Waste franchise fees. In addition, the City has
received a grant from the WA State Department of Ecology for $60,000.00 for interstate ramp
clean up.
Background Information:
The city performs landscape maintenance of its "formal" landscaping along the majority of the
major arterials with a combination of contracted services (about 40%) and city staff (about 60%).
In addition, the city contracts out semi-monthly litter pick-up along "non -landscaped" roads
(including Dash Point Road and Hoyt Road) and weekly garbage container servicing (select
locations). ,
This maintenance contract was bid and awarded to Macmor, Inc. in October 2022 and contract
executed for one calendar year with option to amend the contract including contract increases
based on the June Puget Sound Consumer Price Index (CPI).
Staff recommends amending the current contract for a two-year period (2024 and 2025) to
include the "Base Bid" plus "Bid Alternate 1" plus $60,000 for the interstate ramp clean up.
Continuation of the contract through 2025 is contingent upon the future adopted budget
including these contract expenditures. Summary of the total award and available funding is
shown below.
Macmor, Inc. has been the city's contractor for landscape maintenance of the last six (6) years
and has provided excellent level of service.
Rev. 6/2019
October 2, 2023
Land Use and Transportation Committee
Amend 2023 Right -of -Way Landscape Maintenance
Page 2
2024-2025 Right -of -Way Landscape Maintenance - Costs
2024 — BASE BID
— Landscape Maintenance
$ 132,095.85
2024 — BID ALT 1
Litter Pick -Up
— Garbage Containers and
$ 72,947.66
2025 - BASE BID —
Landscape Maintenance
$ 137,437.27
2025 - BID ALT 1
Litter Pick -Up
— Garbage Containers and
$ 76,303.26
2023-2025 Interstate Ramp Cleanup
$ 60,000.00
TOTAL
1 $ 478,784.04
2024-2025 Right -of -Way Landscape Maintenance - Budget
2024- Streets Operations (101 Fund) —
$ 135,000.00
landscape maintenance
2024 - Solid Waste (106 Fund) — Garbage
$ 80,000.00
Containers and Litter Pick -Up
*2025 - Streets Operations (101 Fund) —
$ 135,000.00
landscape maintenance
*2025 - Solid Waste (106 Fund) — Garbage
$ 80,000.00
Containers and Litter Pick -Up
DOE — Interstate Ramp Clean -Up Grant
$ 60,000.00
TOTAL
$ 490,000.00
*estimated budget.
COUNCIL MEETING DATE: October 17, 2023 ITEM #:'
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE ESTABLISHING THE TIME OF PAYMENT, INTEREST, AND PENALTIES TO BE IMPOSED
ON DELINQUENT ANNUAL SPECIAL ASSESSMENTS FOR LAKE MANAGEMENT DISTRICT NUMBER 1 FOR
STEEL LAKE
POLICY QUESTION: Should Council adopt an ordinance to establish the time of payment, interest, and penalties
to be imposed on delinquent annual special assessments for Lake Management District Number 1 for Steel
Lake?
COMMITTEE: Land Use & Transportation Committee MEETING DATE: October 2, 2023
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kevin Du Water QualitySu ervisor /)D DEPT: Public Works
Attachments: 1. Staff Report
2. Ordinance
Options Considered:
1. Adopt the proposed ordinance.
2. Do not adopt the proposed ordinance and provide direction to staff.
MAYOR'S RECOMMEND TION: Option 1.
MAYOR APPROVAL: CIO DIRECTOR APPROVAL: 9�3
❑ c cil InitiaUDate
Initi Date Initial(Dat
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on October 17,
2023.
Jack Dove , Committee Chair Jack Walsh, Committee Member HoanR Tran, Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE OCTOBER 17, 2023: "I move to forward the proposed ordinance to the
November 8, 2023 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE NOVEMBER 8, 2023: "I move approval 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 on!}) ORDINANCE #
REVISED— 11/2019 RESOLUTION#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 2, 2023
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director AZ�
Kevin Du, Water Quality Supervisor/�D
SUBJECT: Ordinance establishing the time of payment, interest, and penalties to be
imposed on delinquent annual special assessments for Lake Management
District Number 1 for Steel Lake
Financial Impacts:
There is no cost to the City for the renewal of Steel Lake Management District Number 1
(SLMD). SLMD activities are funded through the collection of special assessments that will
be collected annually. These assessments are collected from property owners having
properties adjacent to Steel Lake with lakefront footage or with deeded lake access. All City
of Federal Way staff activities related to the SLMD are funded through these assessments,
and thus will have no direct financial impacts on the City.
Background Information: -
On August 8, 2023, City Council adopted Ordinance No. 23-965 renewing the Steel Lake
Management District Number 1 (SLMD). Pursuant to RCW 36.61.120 and RCW 36.61.140,
all notice and hearing requirements for establishing the roll of rates and charges for the
SLMD have been satisfied.
In addition to establishing the roll of rates and charges, an ordinance must be put into place
to establish the time of payment, interest and penalties to be imposed on delinquent annual
special assessments for SLMD. The proposed ordinance will establish May 31"of each year
as the due date for all annual assessments, and establish the penalty for late payment as the
minimum allowed by RCW 36.61.200, which is five -percent (5%) of the delinquent special
assessment. The ordinance also allows for a lien to be placed upon the lots, tracts, parcels of
land and other properties in the special assessment roll that fail to pay their special
assessments, penalties and interest.
Rev. 7/18
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington,
establishing the time of payment, interest, and penalties to be imposed
on delinquent annual special assessments for Lake Management
District Number 1 for Steel Lake
WHEREAS, on August 8, 2023, the City Council of the City of Federal Way adopted
Ordinance No. 23-965 renewing Steel Lake Management District Number 1 ("District"); and
WHEREAS, on September 19, 2023, the City Council of the City of Federal Way passed
Resolution No. 23-846 confirming and approving a special assessment roll for the purpose of
imposing annual special assessments within Steel Lake Management District Number 1; and
WHEREAS, pursuant to RCW 35.21.403 and RCW 36.61.200, the City Council of the
City of Federal Way must establish by ordinance interest and penalties to be imposed on
delinquent annual assessments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Due Date and Interest Penalties on Delinquent Annual S cial Assessments.
Annual special assessment payments are due on the thirty first (31) day of May of each year.
Interest in the amount of one -percent (1%) per month shall be imposed on the balance of
delinquent special assessments. Monthly interest shall be charged on the first day of June and
each subsequent month. The penalty for late payment shall be the minimum allowed by RCW
36.61.200.
Section 2. Lien. Pursuant to RCW 35.21.403 and RCW 36.61.230, special assessments,
including penalties and interest, imposed within Steel Lake Management District No. 1 shall be
Ordinance No. 23-_ Page I of 3
Rev 4/22 LU
liens upon the respective lots, tracts, parcels of land, and other property in the special assessment
roll, which lien shall be paramount and superior to any other lien or encumbrance theretofore or
thereafter created except a lien for general taxes. The cost associated with filing a lien and any
other collection effort will be borne by the property owner. No lien shall extend to public
property subjected to special assessments.
Section 3. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Ordinance No. 23- Page 2 of 3
Rev 4/22 LU
Section 6. Effective Date. This ordinance shall be effective thirty (30) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this day of
.2023.
ATTEST:
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 23- Page 3 of 3
Rev 4/22 LU
COUNCIL MEETING DATE: October 17, 2023
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: F
SUBJECT: RESOLUTION RENEWING THE LAKE MANAGEMENT DISTRICT NUMBER 1 ADVISORY
COMMITTEE FOR STEEL LAKE AND ESTABLISHING THE DUTIES THEREOF.
POLICY QUESTION: Should Council adopt a resolution renewing the Lake Management District Number 1
Advisory Committee for Steel Lake and establishing the duties thereof?
COMMITTEE: LUTC MEETING DATE: October 2, 2023
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BY: Kevin du, Water Quality Supervisoln— DEPTPublic Works
Attachments: 1. Staff Report
2. Resolution
Options Considered:
1. Approve proposed resolution.
2. Do not approve proposed resolution and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
DIRECTOR APPROVAL: rflul I- ,3
mr Initial/Date
COMMITTEE RECOMMENDATION: "I move to forward the proposed resolution to the October 17, 2023, consent
agenda for approval. "
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLEDIDEFERREDINO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED— 11/2019
RESOLUTION#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 2, 2023
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director
Kevin Du, Water Quality SupervisoKD
SUBJECT: Resolution renewing the Lake Management District Number 1 Advisory
Committee for Steel Lake and establishing the duties thereof.
Financial Impacts:
There is no cost to the City for the renewal of Steel Lake Management District Number 1
(SLMD). SLMD activities are funded through the collection of special assessments that will
be collected annually. These assessments are collected from property owners having
properties adjacent to Steel Lake with lakefront footage or with deeded lake access. All City
of Federal Way staff activities related to the SLMD are funded through these assessments,
and thus will have no direct financial impacts on the City.
Background Information:
On August 8, 2023, City Council adopted Ordinande No. 23-965 renewing the Steel Lake
Management District Number 1 (SLMD). Pursuant to RCW 36.61.120 and RCW 36.61.140,
all notice and hearing requirements for establishing the roll of rates and charges for the
SLMD have been satisfied.
A Steel Lake Advisory Committee (SLAC) must now be established, which will represent
the property owners of the district. The resolution creating an Advisory Committee for
SLMD Number 1 will be established to: (1) discuss with the City each spring the proposed
annual work program consistent with the Steel Lake Management District Plan (or its
successors); (2) provide input and suggestions to the City regarding the implementation of
the district's annual work program; (3) work with the City in the preparation of any
educational materials related to Steel Lake and SLMD; (4) provide input to the City each
winter on the preparation of an annual report regarding progress on the SLMD work program
and the health of the lake; and (5) support'an annual public meeting to brief SLMD members
on the contents of the annual report and related SLMD activities.
Rev 7/18
RESOLUTION NO.
A RESOLUTION of the City of Federal Way, Washington, renewing
Lake Management District Number 1 Advisory Committee for Steel
Lake and establishing the duties thereof.
WHEREAS, Lake Management District Number 1 for Steel Lake was created for the purpose
of generating revenue to provide ongoing aquatic vegetation management, community education, and
other related projects pursuant to Chapter 36.61 RCW; and
WHEREAS, Resolution Number 23-838 states that, attendant to the renewal of the Lake
Management District is the reestablishment of the Advisory Committee.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Creation and Purpose. There is hereby renewed the Steel Lake Management District
Advisory Committee to represent the property owners of Lake Management District (LMD) Number
1 and advise the City Council. The purpose of the Advisory Committee is to represent the property
owners of the LMD to the City Council and (1) each spring, discuss with the City the proposed
annual work program consistent with Ordinance Number 23-965 and the 2024-2033 Steel Lake
Management District Plan (or its successors); (2) provide input and suggestions to the City regarding
the implementation of the district's annual work program; (3) work with the City in the preparation
of any educational materials related to Steel Lake and the LMD; (4) each winter, review and provide
input to the City on the preparation of an annual report regarding progress on the LMD work
program and the health of the lake; and (5) support an annual public meeting to brief LMD members
on the contents of the annual report and related LMD activities.
Resolution No. 23- Page I of 5
Rev l /22
Section 2. Membership.
A. Qualifications. Members of the Advisory Committee shall be selected from
individuals who own property or represent government bodies that own property
within the LMD. Intent of the selection process shall be to proportionally represent
the various property types identified in the district assessment role.
B. Number of Members and Terms.
l . Members. The Advisory Committee will be made up of seven members: four
representing single family and vacant properties; one representing the Washington
Department of Fish and Wildlife (public boat launch); one representing multifamily
properties; and one representing the City of Federal Way (Park).
2. Term. Each private property owner shall be appointed for a term of two (2)
years.
C. Appointment. Members of the Advisory Committee shall be appointed by the City of
Federal Way City Council following an open recruitment process approved by the
City Council. Appointments shall be confirmed by a majority vote of the City
Council. Committee members shall be selected without respect to political
affiliations and shall serve without compensation.
D. Removal. Members of the Committee may be removed by the Mayor, with the
concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance
in office, or other just cause, or for unexcused absences for more than three (3)
consecutive regular meetings. The decision of the City Council regarding
membership on the Committee shall be final and there shall be no appeal. Members
Resolution No. 23- Page 2 of 5
Rev l /22
finding they are unable to attend regular meetings are expected to tender their
resignation.
E. Vacancies. Vacancies occurring other than through the expiration of terms shall be
filled for the un-expired term in the same manner as for appointments as provided in
this ordinance.
F. Conflicts of Interest. Members of the Committee shall fully comply with RCW 42.23,
Code of Ethics for Municipal Officers; RCW 42.36, Appearance of Fairness; Federal
Way Code of Ethics; and such rules and regulations as may be adopted by the City
Council regulating the conduct of any person holding appointive office within the
City.
Section 3. Meeting Rules.
A. Officers and Quorum. The Committee shall organize and elect from its members a
Chair, who shall preside at all meetings of the Committee, and a Vice -Chair. A
majority of the Committee members shall constitute a quorum for the transaction of
business, and a majority vote of those present shall be necessary to carry any
proposition.
B. Meeting Schedule. The Committee shall determine a regular meeting schedule (time,
place and frequency), as necessary, approximately once every three (3) months. All
meetings shall be open to the public.
C. Procedures. The Committee shall adopt such rules and procedures as are necessary
for the conduct of its business and shall keep summary notes of its proceedings. The
written notes shall be a public record.
ResohUion No. 23- Page 3 of 5
Rev i /22
Section 4. Staff Support. Administrative staff support to the Advisory Committee shall be
provided by the City of Federal Way Public Works Director or his /her designee.
Section S. Sunset. The Advisory Committee shall terminate at the same time as the Lake
Management District authorization expires.
Section d. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 7. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 8. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 9. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of 20
[signatures to follow]
Resohilion No. 23- Page 4 of 5
Rev 1 /22
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 23- Page 5 of 5
Rev 1/22
COUNCIL MEETING DATE: October 17, 2023 ITEM #: L 1
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: S 288TH ST ROAD DIET PHASE I KING COUNTY METRO INTERAGENCY AGREEMENT
POLICY QUESTION: Should the City Council enter into an interlocal agreement with King County Metro to
have them pay for the construction of bus stop improvements to the City's S 288th Street Road Diet Phase 1
project?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 2, 2023
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jonathan Strong. Civil Engineer DEPT: Public Works
Attachments: 1. Staff Report
2. LUTC Memorandum dated July 10, 2023
3. King County Metro Interlocal Agreement
Options Considered:
1. Approve the proposed interlocal agreement.
2. Do not approve the proposed interlocal agreement and provide direction to staff.
MAYOR'S RECONV%IEN15 O Option 1.
MAYOR APPROVAL:
APPROVAL:�If & ?3
Initial/Dale
COMMITTEE RECOMMENDATION: I move to forward the proposed interlocal agreement to the October 17, 2023
consent agenda for approval
Jack Dove , Committee Chair Jack Walsh, Committee Member Hong Tran, Committee Member
PROPOSED COUNCIL MOTION: I move approval of the proposed interlocal agreement and authorize the Mayor to
execute the agreement.
(BELOW TO BE COMPLETED BYCITY 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: October 2, 2023
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, Public Works Director
Jonathan Strong, Civil Engineer
SUBJECT: S 288th St Road Diet Phase 1 King County Metro Interagency Agreement
Financial Impacts:
The cost to the City for the S 288th Street Road Diet Phase 1 Project was included within the
approved budget under the Public Works Department Capital Project #36238. King County
Metro would like to include the construction of bus stop improvements as part of the project
and in return has agreed to pay the City for the related bid items and construction costs. King
County Metro's contribution to the project would be $16,428.66. The King County Metro
contribution would not include removal and construction of sidewalks that would require
repairs, and the cost to the City would be $1,768 which would be covered by the previously
approved project budget.
Background Information:
The Interlocal Cooperation Act (RCW 39.34) permits local governmental units to make the
most efficient use of their powers by enabling them to cooperate and provide services in a
manner that best serves the needs and development of local communities. King County
Metro proposes an interlocal agreement with the City to include the construction of bus stop
improvements as part of the S 288th Street Road Diet Phase 1 Project, and to specify
requirements and cost allocations regarding the bus stop improvements. By entering into the
proposed interlocal agreement King County Metro would benefit by upgrading bus stops in
the project area and the City of Federal Way and its residents will mutually benefit by having
access to said upgraded bus stops.
Rev. 7/18
CITY OF FEDERAL WAY
MEMORANDUM
DATE: July 10, 2023
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor II �--
FROM: EJ Walsh, Public Works Director�,/(f�
Jonathan Strong, Civil Engineer �
SUBJECT: S 288' St Road Diet Phase 1 Authorization to Award
Financial Im acts:
The cost to the City for the S 288`h Street Road Diet Phase I Project was included within the
approved budget under the Public Works Department Capital Project #36238. In accordance with
the approved budget, this item is funded by a $2 Million -dollar TIB grant, a $1 Million -dollar
WSDOT Pedestrian & Bicycle Safety grant, the remainder with REET funds and Traffic Impact
fees, and $702,400 provided by Sound Transit. Upon completion of the project, ongoing costa
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 during the budget process.
Backcjound Information:
Seven Bids were received and opened on June 23, 2023 for the S 288th St Road Diet Phase 1
project. See attached bid tabulation. The lowest responsive, responsive bidder is ICON Materials.
Financial Summarv:
PHASE 1 ESTIMATED EXPENDITURES:
Design $ 175,000.00
Construction Contract $ 910,899.50
Construction Contingency (10%) $ 91,089.95
Construction M mt. & Inspection $ 168.010.55
TOTAL ESTIMATED EXPENDITURES $ 1,345,000,00
PHASE 1 FUNDING:
Bike & Ped. Safety Grant (State) $ 900,000.00
Sound Transit S 550 000.00
TOTAL AVAILABLE FUNDING
$ 1,450,000.00
Rev 6/2019
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After recording, return to
City of Federal Way
Public Works Department
Attn: Jonathan Strong
33325 8th Avenue S
Federal Way, WA 98003
INTERAGENCY AGREEMENT BETWEEN THE CITY OF FEDERAL WAY
AND KING COUNTY, METRO TRANSIT DIVISION
FOR THE S 288TH ST ROAD DIET PHASE 1
(Military Road to 34th Ave S)
CFW PROJECT #36238
THIS AGREEMENT is made and entered into this dayof , 2023,
by and between the City of Federal Way (hereinafter "City") and King County, acting through its
Metro Transit Department (hereinafter "County"), collectively referred to herein as the "Parties."
WHEREAS, the City has undertaken the S 288th St Road Diet Project Phase 1 (Military
Road to 34th Ave S), hereinafter "Project;" and
WHEREAS, with the City and its contractor making improvements to the road and
sidewalks of South 288th Street within the scope of the Project, there is an opportunity to make
improvements to King County Metro bus stops; and
WHEREAS, the City and contractorwill construct bus stop improvements including a bus
shelter foundation and a landing pad with thickened edge at the eastbound bus stop, Metro stop
ID 85892 according to the plans (STA. 51+95.99, 22.6' RT); and
WHEREAS, the City and contractor will construct bus stop improvements including a
landing pad with thickened edge at the eastbound bus stop, Metro stop ID 85974 according to
the plans (STA. 52+79.753 24' LT); and
WHEREAS, the City and contractor will NOT construct bus stop improvements at the
Metro stop ID 85890 and 85976 (STA. 43+17.15, 27.5' RT and STA. 44+02.69, 25.2' RT); and
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local
governmental units to make the most efficient use of their powers by enabling them to
cooperate with other entities to provide services in a manner best serving the needs and
development of their local communities; and
WHEREAS, the County can achieve cost savings and other benefits in the public's
interest by contracting with the City to perform certain services for the County, including letting a
Page 1
public works construction contractor build bus stop improvements within the Project (hereinafter
"County Work"), and providing construction management services in support thereof; and
NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties
hereto as follows:
DESIGN AND PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE.
The City has reproduced drawings, special contract provisions, and other
necessary documents which will sufficiently detail requirements for the County Work to become
a part of the Contract Bid Documents and Engineer's estimate for the Project.
BIDDING AND CONSTRUCTION.
A. It is the intention of the Parties that the County plans and specifications
be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to
the extent possible, identification of cost allocations between the Parties.
B. The City had a bid opening for the Project on May, 19, 2023. At this
opening, DPM Development Corporation DBA ICON Materials (hereinafter "ICON") was the
lowest bidder. ICON was awarded the project for construction.
III. CONTRACT ADMINISTRATION.
A. The City shall provide the necessary administrative, construction
observation, and clerical services necessary for the execution of the Project, exclusive of such
construction observation, material review and ancillary construction administration support
provided by the County in coordination with City staff. In providing such services, the City Public
Works Director and/or his or her designee may exercise all the powers and perform all the
duties vested by law in him or her. The County grants to the City Public Works Director and/or
his or her designee authority to act on behalf of the County sufficient to carry out the provisions
of this Agreement.
B. The County shall notify the City, in writing, of any changes it wishes to
make in the plans and specifications which affect the County Work, which changes shall be
made, if feasible. The City shall notify the County, in writing, of any changes required of the
County Work and shall obtain the County's approval of such changes. The County's approval
shall not be unreasonably withheld. The County shall be responsible for all costs incurred,
directly or indirectly, as a result of these or any other changes required or requested by the
County.
IV. PAYMENT.
A. The County shall reimburse the City for all costs incurred by the City in
performing the County Work, which costs shall include, but are not limited to, the County
work performed by the City's Project contractor(s), the City's design consultant, and City staff
S. 288th Street Road Diet Phase 1 Page 2
King County Metro Interagency Agreement
time for design and construction management & inspection. The total cost and the total
owed by the County is summarized in Exhibit A.
B. The City will provide an invoice to the County after execution of this
agreement. All payments shall be due from the County to the City within thirty (30) days after
receipt by the County of said sums billed to the County. Amounts unpaid after said due date
shall accrue interest at a rate of one (1) percent per month. The City will provide the backup to
the invoice identifying actual costs incurred for the work and the County's item costs. If the
payment is to exceed the estimate stated below, both the City and the County will have to agree
on that change.
C. The City shall make all disbursements to the Project contractors and
consultants.
V. INDEMNIFICATION AND HOLD HARMLESS.
A. The City agrees to indemnify and hold the County, its elected officials,
officers, employees and agents harmless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising or resulting from,
or connected with, this Agreement to the extent caused by the negligent acts, errors or
omissions of the City, its agents or employees, or by the City's breach of this Agreement.
B. The County agrees to indemnify and hold the City, its elected officials,
officers, employees and agents harmless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising or resulting from,
or connected with, this Agreement to the extent caused by the negligent acts, errors or
omissions of the County, its agents or employees, or by the County's breach of this Agreement.
The provisions of this paragraph shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
VI. DURATION.
This agreement shall become effective immediately upon execution by both
parties, and shall continue in force until the City Council accepts the completion of the project.
VI 1. OTHER PROVISIONS.
A. The City shall retain ownership and usual maintenance responsibility for
the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other
appurtenances related thereto.
B. The City Council's acceptance of this project shall, in effect, transfer
ownership of these King County Metro Bus Stops to the County and the County shall thereafter
S. 288th Street Road Diet Phase 1 Page 3
King County Metro Interagency Agreement
be responsible for maintenance of such facilities.
C. This Agreement contains the entire written agreement of the Parties and
supersedes all prior discussion. This Agreement may be amended only in writing, signed by
both Parties.
D. This Agreement may be extended for additional periods of time upon
mutual written agreement of the City and County.
E. Adherence to deadline dates is essential to the performance of this
Interagency Agreement.
F. Any provision of this Agreement, which is declared invalid, void or illegal
shall in no way affect, impair, or invalidate any other provision hereof and such other provisions
shall remain in full force and effect.
G. Should any claims arise related to the County Work portion of the Project,
the City shall handle and administer the claims in the same manner it would handle any other
claims on the Project and the County shall reimburse the City for all expenses associated with
handling such claims. The City shall immediately notify the County and keep it informed as to
the progress of the claim. The County will provide guidance regarding proposed terms of
settlement. Any decision regarding the settlement or prosecution of a claim shall be approved by
the County prior to being finalized. If the County and the City cannot agree as to the prosecution
or settlement of a claim, the County may prosecute or defend the claim and the City will assign
such claims to the County. The County agrees to pay all costs of prosecution or defense if
assigned such claims and defend, indemnify and hold harmless the City from all damages the
City suffers from the County's prosecution or defense of the claim.
IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that
the work, as set forth herein, will be performed by the City under the terms of this Agreement.
IN WITNESS WHEREOF the Parties hereto have hereunto settheir hands and seals the
day and year first above written.
(SIGNATURE PAGE FOLLOWS)
S. 288th Street Road Diet Phase 1 Page 4
King County Metro Interagency Agreement
CITY OF FEDERAL WAY KING COUNTY
Jim Ferrell, Mayor Mark Ellerbrook, Director, Capital Division
King County, Metro Transit Department
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
ATTEST:
Stephanie Courtney, CMC, City Clerk
S. 288th Street Road Diet Phase 1 Page 5
King County Metro Interagency Agreement
KING COUNTY METRO COSTS
CONSTRUCTION COSTS
The proportionate King County Metro percentage will be applied to the Schedule A Items
listed below. The King County Metro percentage will be determined as follows:
Construction — KC Metro Bid Items
KC Metro B21 Shelter Footing ($2,750 * 1 EA) $ 2,750.00
KC Metro 10'xl 1' Landing Pad w/Thickened Edge ($330 * 26 SY) $ 8,580.00
KC Metro Bid Items $ 11,330.00
KC Metro % = KC Metro Bid Items Amt = $11,330.00 = 1.78%
Schedule A Amt $910,89.50
Construction — Schedule A Bid Items
Mobilization ($43,000 * 1.78%)
$
765.84
Roadway Surveying ($2,200 * 1.78%)
$
39.18
Record Drawings ($5,300 * 1.78%)
$
94.39
Traffic Control Supervisor ($27,500 * 1.78%)
$
489.78
Flaggers ($63,900 x 1.24%)
$
1,138.08
Inlet Protection ($301 x 1.78%)
$
5.36
Clearing and Grubbing ($2200 * 1.78%)
$
39.18
Sawcutting ($5,368 * 1.78%)
$
95.61
Schedule A Shared Bid Items
$
2,667.43
Subtotal — KC Metro Bid Items $ 11,330.00
Subtotal — Schedule A Shared Bid Items $ 2,667.43
Subtotal — Construction $ 13,997.43
Construction Management (15% of Subtotal) $ 2,099.61
Design (10% of Subtotal) $ 1,399.74
Project Administration (5% of Subtotal) $ 699.87
Total Cost $18,196.66
CITY OF FEDERAL WAY CONTRIBUTION
The City of Federal Way contribution is equivalent to the removal and replacement of
the sidewalk in the subiect areas that would have been done if Metro bus stops were not
installed.
Remove Sidewalk ($4.00 * 26 SY) $ 104.00
Cement Concrete Sidewalk ($64.00 * 26 SY) $ 1,664.00
City of Federal Way Contribution Total $ 1,768.00
S. 288th Street Road Diet Phase 1 Page 6
King County Metro Interagency Agreement
KING COUNTY METRO CONTRIBUTION
Total Cost
City of Federal Way Contribution Total
$ 18,196.66
-$ 1,768.00
Amount to be Paid by KC Metro $ 16,428.66
Page 7
COUNCIL MEETING DATE October 17, 2023 ITEM #: A
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: DEVELOPMENT AGREEMENT CODE AMENDMENTS
POLICY QUESTION: Should the City Council amend Title 19 of the Federal Way Revised Code to update the
processes and provisions relating to development agreements?
COMMITTEE: Land Use & Transportation
CATEGORY:
❑ Consent
❑ City Council Business
STAFF REPORT BY: Keith Niven
Attachments: 1. Staff Report
2. Ordinance
® Ordinance
❑ Resolution
MEETING DATE: Oct. 2, 2023
❑ Public Hearing
❑ Other
DEPT: CD
Options Considered:
1. Adopt the proposed ordinance.
2. Do not adopt the proposed ordinance and provide direction to staff.
MAYOR'S RECOMMEWTION: Option 1.
MAYOR APPROVAL: DIRECTOR APPROVAL: HO 9/22/23
Co cr Caun InitiaMate
lni I'Daie 3niliai au
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on October 17,
2023.
Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (10/17/23): "I move to forward the proposed ordinance to the November 8,
2023 Council Meetingfor second reading and enactment. "
SECOND READING OF ORDINANCE (11/8/23): "1 move approval 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 — 1/2022 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 22, 2023
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Keith Niven, CD Director --
SUBJECT: Proposed code amendments to FWRC 19.85 Development Agreements
Financial Impacts:
There are no costs to the City for adopting the proposed code amendments.
Background Information:
The City periodically proposes amendments to the City Code to keep the Code relevant and up to date with
changing conditions. The proposed code amendments to FWRC 19.85 are intended to improve the clarity
of what can be included in a development agreement; clarify when a development agreement may be
processed; and, remove certain Sections that should not be part of City Code.
Procedural Summary:
8/4/23: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental
Policy Act (SEPA) (23-103774-SE)
8/4/23: Public Notice of SEPA Decision published in Federal Way Mirror and posted (website)
8/18/23: End of SEPA Comment Period
9/8/23: End of SERA Appeal Period
9/20/23: Planning Commission Public Hearing
10/2/23: LUTC Council Committee (anticipated date)
10/17/23: City Council Ist Reading (anticipated date)
11/8/23: City Council 2nd Reading (anticipated date)
Planning Commission Recommendation:
The Planning Commission conducted a Public Hearing on September 20, 2023. There were no
public comments regarding the proposed code amendments. Following Commission discussion
and deliberations, consistent with 19.80.240(1)(c), the Planning Commission forwarded the
proposed code amendments to the City Council with a recommendation of approval.
Decision Criteria:
FWRC 19.80.130 provides criteria for zoning text amendment. The following section analyzes
compliance of the proposed zoning text amendments with the criteria provided by this chapter.
The City may amend the text of the FWRC only if it finds that:
1. The proposed amendments are consistent with the applicable provisions of the comprehensive
plan.
Rev. 6/2020
October 2, 2023
Land Use and Transportation Committee
View Protection Code Amendment 2
Page 2
Staff Response: The proposed FWRC text amendments are consistent with the following Federal
Way Comprehensive Plan (FWCP) text:
LUG2 Develop an efficient and timely development review process based on a public/private
partnership.
LUP6 Conduct regular reviews of development regulations to determine how to improve upon the
permit review process.
2. The proposed amendments bear a substantial relationship to public health, safety, or welfare.
Staff Response: The proposed code amendments are intended to improve the use of development
agreements within the City. Development agreements were added to State statute because the lack
of certainty in the approval of development projects can result in a waste of public and private
resources, escalate housing costs for consumers and discourage the commitment to comprehensive
planning which would make maximum efficient use of resources at the least economic cost to the
public. Assurance to a development project applicant that upon government approval the project
may proceed in accordance with existing policies and regulations, and subject to conditions of
approval, all as set forth in a development agreement, will strengthen the public planning process,
encourage private participation and comprehensive planning, and reduce the economic costs of
development.
3. The proposed amendments are in the best interest of the residents of the city.
Staff Response: The proposed amendments are in the best interest of the public and the residents
of the City of Federal Way because: 1) they provide for permitting efficiencies that reduce the
staffing costs for permitting activities; and, 2) they provide clarifications for currently -ambiguous
code sections thereby reducing the need for director interpretations and the potential for appeals
and/or litigation.
ORDINANCE NO.23-
AN ORDINANCE of the City of Federal Way, Washington, relating to
amendments to Chapter 19.85 FWRC, Development Agreements;
amending FWRC 19.85.010, 19.85.020, 19.85.030, 19.85.040; 19.85.050;
19.85.060; 19.85.070; 19.85.080; 19.85.090; 19.85.110; 19.85.120;
19.85.130; 19.85.140; 19.85.150; 19.85.160; 19.85.180; 19.85.190;
19.85.200; and 19.85.210 (Amending Ordinance Nos. 02-426 and 09-
594).
WHEREAS, the City of Federal Way ("City") recognizes the need to periodically modify
Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order
to conform to state and federal law, codify administrative practices, clarify and update land use
and zoning regulations as deemed necessary, and improve the efficiency of the regulations and the
development review process; and
WHEREAS, the Washington Growth Management Act requires that development
regulations be subject to continuing evaluation and review; and
WHEREAS, the City has initiated code amendments to Chapter 19.85 FWRC,
Development Agreements, intended to clarify the permissible scope of development agreements
in the City; and
WHEREAS, State agencies received 60-day notice of the proposed amendments on July
28, 2023 (2023-S-6290); and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC; and
WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly
issued for the proposed code amendments on August 4, 2023, no comments were received and the
Ordinance No. 23- Page 1 of 19
DNS was finalized on August 18, 2023, and no appeals were filed and the appeal period has
expired; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on September 20, 2023, and forwarded a recommendation of approval
with minor modifications to the City Council; and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered these code amendments on October 2, 2023, and recommended adoption of the text
amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
(b) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by providing clearer code provisions.
(c) These code amendments comply with Chapter 36.70A RCW, Growth Management.
(d) These code amendments are consistent with the intent and purpose of its title under
FWRC and will implement and is consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(e) These code amendments bear a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
(f) These code amendments have followed the proper procedures required under the
FWRC.
Ordinance No. 23- Page 2 of 19
Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes
the following Conclusions of Law with respect to the decisional criteria necessary for the adoption
of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
LUG2 Develop an efficient and timely development review process based on a
public/private partnership.
LUN Maximize efficiency of the development review process.
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
EDP10 Continue to implement a streamlined permitting process consistent with state
and federal regulations to reduce the upfront costs of locating businesses or redeveloping
businesses in the City.
(b) The proposed FWRC amendments bear a substantial relationship to the public
health, safety, and welfare as they are intended to improve and clarify the use of development
agreements within the City. Development agreements are authorized under state law because the
lack of certainty in the approval of development projects can result in wasting of public and private
resources, escalation of housing costs for consumers, discouraging the commitment to
comprehensive planning, and failing to maximize efficient use of resources at the least economic
cost to the public. These amendments help to provide assurance to a development project applicant
that upon government approval the project may proceed in accordance with existing policies and
regulations as set forth in the city's development code and in the development agreement. As a
Ordinance No. 23- Page 3 of 19
result, this amendment will strengthen the public planning process, encourage private participation
and comprehensive planning, and reduce the economic costs of development.
(c) The proposed amendments are in the best interest of the public and the residents of
the City of Federal Way because they streamline permitting efficiency, reduce staffing costs for
permitting activities, and provide clarity to currently -ambiguous code sections thereby reducing the
need for director interpretations and the potential for appeals and/or litigation.
Section 3. FWRC 19.85.010 is hereby amended to read as follows:
19.85.010 Purpose.
Development agreements
e-hange may be used at the city's 'discretion. Development agreements ate -may be used
where the project is larger in scope and/or has potentially larger impacts than normal, or where the
city eeunc-il--may desire to place certain restrictions or permissions on the proposal, or in other
circumstances the city deems a ro riate. The intent of a development agreement is not to waive
requirements normally associated with a proposed use, rather to provide greater flexibility
predictability to the a licant while providing a benefit to the city of qua] or ffeater value relative
to any departure provided.
Section 4. FWRC 19.85.020 is hereby amended to read as follows:
19.85.020 Authority — Scope — Consistency.
(1) Authority_. Pursuant to RCW 36.70B.170, the city may enter into a development agreement
with a person having ownership or control of real property within its jurisdiction F- L -
eemprehensive plan amendment and asseeiat4d rezone. The execution of a development
agreement is a proper exercise of city police power and contract authority. A development
agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A
Ordinance No. 23- Page 4 of 19
development agreement shall reserve authority to impose new or different regulations to the extent
required by serious threat to public health and safety.
2 Scope. Development agreements shall not be allowed for proposals that are smaller than 5
acres, or where the majority of the properties subject to the proposal are single-family residential
in use.
3 Consistency iviih coin rehensive plan. Development agKeements shall be consistent with the
city comprehensive plan. If a comprehensive plan amendment is needed in order to make a
proposed development aggeement consistent with Chapter 3 (Transportation,) of the comprehensive
lan such comprehensive plan amendment must be considered and approved by the city council
at a city council meeting prior to the city council meeting at which final action is taken on the
development agreement.
Section 5. FWRC 19.85.030 is hereby amended to read as follows:
19.85.030 Content of development agreement.
(1) A development agreement must set forth the development standards and other provisions that
apply to and govern and vest the development, use, and mitigation of the development of the real
property for the duration specified in the agreement. " deve',,pmet34 ageeinent Sball e eensistent
(2) A development ajueement shall be consistent with all applicable city development re lations
except where modified by. or in conflict with, the development standards specified in the
development a eement. In the case of such a modification or conflict the development standards
specified in the development agreement shall control. Modifications to, or departures from,
otherwise -applicable city development regulations in the development agreement shall_, in the
Ordinance No. 23- Page 5 of 19
'ud ent of the city, be off -set by providinga benefit to the city of Nual or greater value relative
to the departure provided.
{3} A development agreement shall not modify or waive the provisions of Chapter 1991 FWRC,
Transportation Impact Fees, and/or vest to traffic impact fees except a development agreement
may
provide for vesting to the traffic impact fee in effect at the tune of approval of the development
agreement for a period of up to ten years. For each year after the first, the amount of the vested
traffic im act fee shall be adjusted by the annual change in the June Consumer Price Index(CPI)
for the Seattle area.
4 A development a eement shall not modify or waive the provisions of Chapter 19.90 FWRC
Transportation Concurrency Man" eement,
5 A development a eement shall not modifL waive or vest to building, lumbin fire or other
construction codes adopted pursuant to RCW Ch. 19.27 or 19.27A.
d A development a eement shall not modify, waive or vest to development re lations or other
enacted requirements adapted pursuant to state or federal mandates such as the city's NPDES
municipal stormwater permit.
For the purpose of this section, "development standards" may include, but is not limited to:
(a) Project elements such as permitted uses, residential densities, and nonresidential
densities and intensities or building sizes;
(b) The amount and payment of impact fees imposed or agreed to in accordance with any
applicable provisions of state law, any reimbursement provisions, other financial
contributions by the property owner, inspections fees, or dedications;
Ordinance No. 23- Page 6 of 19
(c) Mitigation measures, development conditions, and other requirements under Chapter
43.21 C RCW. Design standards such as maximum heights, setbacks, drainage, and water
quality requirements, landscaping, and other development features;
(d) Affordable housing;
(e) Parks and open space preservation;
(f) Phasing;
(g) Review procedures and standards for implementing decisions;
(h) A build -out or vesting period for applicable standards; and
(i) Any other appropriate development requirement or procedure.
Section d. FWRC 19.85.040 is hereby amended to read as follows:
19.85.040 Initiation of proposals — Notice.
A proposal that will be reviewed using this chapter may be initiated by city council., or —council
committee, r the mayor. If the
proposal is initiated by the mayor, public notice of the proposal's initiation shall be provided
consistent with the following.
(1) Contents.. If the proposal is initiated by the mayor, the director of community development
shall prepare a notice of the proposal's initiation, containing the following information:
(a) The name of the applicant and the project name (if applicable).
(b) The street address of the subject property or, if this is not available, a description of the
location of the proposal in nonlegal language. Except for notice published in the newspaper
of general circulation in the city, the notice must also include a vicinity map that identifies
the subject property.
(c) A statement of the availability of the official file.
Ordinance No. 23- Page 7 of 19
(2) Distribution. The director of community development shall distribute this notice within 14
calendar days of the proposal's initiation as follows:
(a) A copy will be sent to the persons receiving the property tax statements for all property
within 300 feet of each boundary of the subject property.
(b) A copy will be published in the newspaper of general circulation in the city.
(c) A copy will be posted on eaeh ef the official notification boards of the city.
Section 7. FWRC 19.85.050 is hereby amended to read as follows:
19.85.050 Preparation of development agreement.
(1) Based on council and/or mayor direction, and subsequent to aoiea taken pufsuant to FWRC
�-i liv
, after consultation with the applicant, the city shall determine the parameters of
the development agreement in accordance with FWRC 19.85.030, Content .of development
agreement.
(2) If a development plan under FWRC 19.85.100 is required by the city or provided by the
applicant, it shall accompany the development a eement for review and action by the city council.
The applicant shall prepares any such development plan, which must be that is consistent with the
parameters of the development agreement. The development plan may vary in the amount of detail
2�1 }..}}� 1�3•.}��1}��y}lL�l'•1Rl J��IS�J�I}f�l� ����� � - - �i rJlflf! -
Section 8. FWRC 19.85.060 is hereby amended to read as follows:
19.85.060 Applications.
(1) Who may apply. Any person may, personally or through an agent, apply for a decision regarding
property he or she owns.
Ordinance No. 23- Page 8 of 19
(2) How to apply. The applicant shall file the following information with the department of
community developmentSeV0900s:
(a) A completed application, with supporting affidavits, on forms provided by the
department of community development -sees;
(b) Two sets of stamped envelopes, and a list of the same, labeled with the name and
address of all current owners of real property, as shown in the records of the county assessor
for the subject property, within 300 feet of each boundary of the subject property;
(c) A copy of the county assessor's map identifying the properties specified in subsection
(2)(b) of this section;
(d) A vicinity map showing the subject property with enough information to locate the
property within the larger area;
(e) Any information or material that is specified in the provision of this title that describes
the applied -for decision;
(f) All information specified in FWRC 19.15.040. The detail to be included in the
1�\�1 ��/\���/��\�/���1 �/f11��Rs L�a�i�i •����1\l.�'iR9lV ���s�f if l�LR�������a��s� - - _�1TJ�LJI
shall be related to the nature and scope of the project and its potential impacts; and
(g) Any additional information or material that the director of community development
sen4ees determines is reasonably necessary for a decision on the matter.
(3) Fee. With the application the applicant shall submit the fee established by the city. The
application will not be accepted unless it is accompanied by the required fee and meets the
requirements of FWRC 19.15.040 and this section relating to what constitutes a complete
application.
Section 9. FWRC 19.85.070 is hereby amended to read as follows:
Ordinance No. 23- Page 9 of 19
19.85.070 Official file.
(1) Contents. The city shall compile an official file on the application containing the following:
(a) All application materials submitted by the applicant.
(b) The staff report.
(c) All written comments received on the matter.
(d) The electronic recording of the city council on the matter.
(e) The decision on the development agreement by the city council.
(f) Any other information relevant to the matter.
(2) Availability. The official file is a public record. It is available for inspection and copying in the
department of community development seMees regular business hours.
Section 10. FWRC 19.85.080 is hereby amended to read as follows:
19.85.080 Preapplications required.
All applicants seeking approval of a development agreement --elMea to .,., .re.,a„.o,,+ to
must apply for a preapplication conference with the city's development review committee
(EDRC).
Section 11. FWRC 19.85.090 is hereby amended to read as follows:
19.85.090 Compliance with State Environmental Policy Act.
The State Environmental Policy Act applies to some of the decisions that will be made using this
chapter. The director of community development servieesshall evaluate each proposal and, where
applicable, comply with the State Environmental Policy Act and with state regulations and city
ordinances issued under authority of the State Environmental Policy Act. Any appeal of the
Ordinance No. 23- Page 10 of 19
threshold determination must be consolidated with any appeal of the administrative decision on
community design guidelines and with any hearing on an application for process IV approval.
Section 12. FWRC 19.85.110 is hereby amended to read as follows:
19.85.110 Timing of public hearings.
Any requests associated with the projeet spec development plan requiring a public hearing by
the hearing examiner shall be heard by the hearing examiner prior to the public hearing by the city
council on the development agreement and development plan. The hearing examiner's review shall
follow the provisions of Chapter 19.70 FWRC, Process IV — Hearing Examiner, and shall be
limited to that particular aspect under his or her purview and shall not extend to either the
development agreement or development plan.
Section 13. FWRC 19.85.120 is hereby amended to read as follows:
19.85.120 Factors to be considered in review of a development agreement.
The city may consider, but is not limited to, the following factors when considering a development
agreement:
(1) Compatibility with and impact on adjacent land uses and surrounding neighborhoods;
(2) Adequacy of and impact on community facilities including utilities, roads, public
transportation, parks, recreation, and schools;
(3) Potential benefits of the proposal to the community; and
(4) Effect upon o4her- aspeets-e-the comprehensive plan.
Section 14. FWRC 19.85.130 is hereby amended to read as follows:
19.85.130 Notice.
Notice provisions under this section shall be followed for the public hearing held by the city
council.
Ordinance No. 23- Page 11 of 19
(1) Contents. The director of community development ser-viees shall prepare a notice of the
proposal, for which a public hearing will be held, containing the following information:
(a) Description of purpose of hearing.
(b) The name of the applicant and the project name (if applicable).
(c) A statement of what comprehensive plan and zoning designation will be directly
affected or changed by the proposal.
(d) The street address of the subject property or, if this is not available, a description of the
location of the proposal in nonlegal language. Except for notice published in the newspaper
of general circulation in the city, the notice must also include a vicinity map that identifies
the subject property.
(e) The date, time, and place of the public hearing.
(f) A statement of the availability of the official file.
(g) A statement of the right of any person to submit written comments to the council and
to appear at the public hearing of the council to give comments orally.
(h) A statement that only persons who previously submitted comments to the planning
commission or city council during the comprehensive plan amendment process or at this
time, participates in the public hearing on the development agreement by submitting
written comments to the city council or by participating in the public hearing or specifically
requested a copy of the city council's decision on the development agreement and plan
may appeal the city council's decision.
(i) The identification of existing environmental documents that evaluate the proposed
project and the location where the application and any studies can be reviewed.
Ordinance No. 23- Page 12 of 19
(2) Distribution. The director of community development serviees shall distribute this notice at
least 14 calendar days before the public hearing as follows:
(a) A copy will be sent to the persons receiving the property tax statements for all property
within 300 feet of each boundary of the subject property.
(b) A copy will be published in the newspaper of general circulation in the city.
(c) A copy will be posted on east} e the official notification boards of the city.
(3) Public notification sign. The applicant shall erect at least one public notification sign, which
complies with standards developed by the department of community development selwiees. This
sign shall be located on or near the subject property facing the right-of-way or vehicle access
easement or tract providing direct vehicle access to the subject property. The director of
community development services may require the placement of additional public notice signs on
or near the subject property if he or she determines that this is appropriate to provide notice to the
public.
(a) Timing. The applicant shall be responsible for installing the public notification sign or
signs at least 10 calendar days before the public hearing and removing them within seven
calendar days after the final decision of the city on the matter.
Section 15. FWRC 19.85.140 is hereby amended to read as follows:
19.85.140 Staff report.
(1) Contents. The director of community development serviees shall prepare a staff report for the
public hearing by the city council containing the following information:
(a) All pertinent application materials.
(b) All comments regarding the matter received by the department of community
development serviees-prior to distribution of the staff report.
Ordinance No. 23- Page 13 of 19
(c) An analysis of the application under the relevant provisions of this title and the
comprehensive plan.
(d) A statement of the facts found by the director of community development services and
the conclusions drawn from those facts.
(e) A recommendation on the matter.
(2) Distribution. At least seven calendar days before the hearing, the director of community
development seniees shall distribute the staff report as follows:
(a) A copy will be sent to the members of the city council.
(b) A copy will be sent to the applicant.
(c) A copy will be sent to each person who has specifically requested it.
Section 16. FWRC 19.85.150 is hereby amended to read as follows:
19.85.150 Public hearing and city council action.
(1) Generally. The city council shall consider the application for approval of the development
agreement and any associated development plan in a public hearing. If there are any appeals of a
hearing examiner's decision of an appeal of a threshold determination, an appeal of a community
design guidelines decision, or a process IV request, these appeals shall be heard in a closed record
appeal hearing, as defined in RCW 36.70B.020(1) at the same time as the public hearing on the
development agreement and any associated development plan.
(2) City council decision on appeals. In making a decision on the appeals, the council shall follow
the procedures in process IV, W 19.70.210 through'�50.
(3) Scope of review of development agreement and development plans. The city council shall
consider the request for approval of the development agreement and_M associated development
plan based on the decisional criteria of this title describing the proposal.
Ordinance No. 23- Page 14 of 19
(4) City council action. After consideration of the entire matter and upon approval by a majority
of the total membership, the city council shall take one of the following actions:
(a) The city council has the option to:
(i) Grant the application as proposed, or modify and grant the application. In either
case, it shall give effect to this decision by adopting an ordinance. which appy-e e
b
natien and :�ening based en the approve
(ii) Deny the application. The city council shall give effect to a denial by adopting
a resolution.
(iii) Findings of fact and conclusions. The city council shall include in the ordinance
or resolution:
(A) A statement of the facts that support the decision, including any
conditions and restrictions that are imposed; and
(B) The city council's conclusions based on those facts.
(5) Effect. The decision of city council en aft change in eempfebeasive plan
designation and zoning based an the appmyed development affeement and is
the final decision of the city.
Section 17. FWRC 19.85.160 is hereby amended to read as follows:
19.85.160 Notice of final decision.
(1) General. Following the final decision by the city council, the director of community
development ses-shall prepare a notice of the city's final decision on the application.
(2) Distribution. After the city council's decision is made, the director of community development
sen,ices-shall distribute a copy of the notice of the final decision as follows:
Ordinance No. 23- Page 15 of 19
(a) A copy will be mailed to the applicant.
(b) A copy will be mailed to any person who submitted written or oral comments to the
city council.
(c) A copy will be mailed to each person who has specifically requested it.
(d) A copy will be mailed to the King County assessor.
Section 18. FWRC 19.85.180 is hereby amended to read as follows:
19.85.180 Term of agreement.
Unless amended or terminated, a development agreement is enforceable during its term by a party
to the agreement. A development agreement and the development standards in the agreement
govern during the term of the agreement, or for all or part of build out period specified in the
agreement, and may not be subject to an amendment to a zoning ordinance or development
standard or regulation adopted after the effective date of the agreement unless specifically provided
for in the a eement. A permit or approval issued by the city after the execution of the development
agreement must be consistent with the development agreement.
Section 19. FWRC 19.85.190 is hereby amended to read as follows:
19.85.190 Recording.
A development agreement shall be recorded within 90 da s of the final decision by the city council
with the King County department of records. During the term of the development agreement, the
agreement is binding on the parties and their successors.
Section 20. FWRC 19.85.200 is hereby amended to read as follows:
19.85.200 Amendment of development agreement.
Amendments to the terms of the development agreement shall be done only by a written instrument
executed by all parties pursuant to the procedures of this chapter, or as may be amended, or as
Ordinance No. 23- — Page 16 of 19
otherwise provided for in the agreement. The city will process and decide upon an application for
an amendment as if it were an application for a new development agreement, unless otherwise
provided for in the agreement.
Section 21. FWRC 19.85.210 is hereby amended to read as follows:
19.85.210 Minor modification of development plan.
The director of community development serviees—may approve minor modifications to the
development plan on a case -by -case basis using process III described in Chapter 19.65 FWRC.
Criteria for approving minor modifications include but are not limited to the following guidelines:
(1) Modifications shall conform to the terms of the development agreement;
(2) The change will not result in reducing the total landscaped area, buffer areas, or the amount of
open space on the project;
(3) The change will not result in increasing the residential density or gross floor area of the project;
(4) The change will not reduce any required yard;
(5) The change will not result in any increase in height of any structure;
(6) The change will not result in a change in the location of any access point to the project;
(7) The change will not increase any adverse impacts or undesirable effects of the project; and
(8) The change in no way significantly alters the project.
Any modification to the development plan not deemed to be minor shall be considered major and
shall be decided upon as if it were an application for a new development agreement.
Section 22. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect
Ordinance No. 23- Page 17 of 19
the validity of the remainder of the ordinance, or the validity of its application to any other persons
or circumstances.
Section 23. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 24. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 25. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this day of
2023.
ATTEST:
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
Ordinance No. 23- Page 18 of 19
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 23- Page 19 of 19
COUNCIL MEETING DATE: N/A ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: COMMUNITY SPACE ADVISORY GROUP RECOMMENDATION
POLICY QUESTION: N/A
COMMITTEE: Land Use & Transportation MEETING DATE: October 2, 2023
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business v ❑ Resolution ® Other
STAFF REPORT BY: Keith Niven DEPT: CD
Attachments: 1. Community Space Advisory Group Recommendation
Options Considered: N/A
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: DIRECTOR APPROVAL: W 9/21/23
amn [ce uunciE Initial Dale
Inisial� ais Initial l7
COMMITTEE RECOMMENDATION: N/A
,Q A N �V%
N G.&
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 - 4/2019
RESOLUTION #
Memo
To: Jack Dovey, Chair
Land Use & Transportation Committee
From: Community Space Advisory Group (CSAG)
Cc. Jim Ferrell Brian Davis Keith Niven Steve Groom
Tanja Carter Sarah Bridgeford
Date: 22 September 2023
Re: New City Hall & Community Space
CITY OF
Federal Way
Centered on Opportunity
Background
The Mayor formed the Community Space Advisory Group in May 2023 to provide a
forum for a community discussion on the potential need for a new or larger City Hall;
and, the merits and need for a new City -owned community space in the downtown area.
The group met monthly from June thru September. The discussions included:
• What makes for a memorable city
• The vision for Downtown Federal Way
• Community Space expectations
• What makes for a successful Community Space
• Why move City Hall
■ What makes for a successful City Hall
• Funding Challenges and Potential
• Bothell's path to a new City Hall
• Developing a recommendation for Council
Evaluation
Based on the conversations that occurred between the CSAG and staff, the CSAG agree
with the following:
1. Community Space
The City is growing and there are a number of community activities that are
limited or not possible in Federal Way due to the lack of available space. It is also
recognized the City has a number of existing financial obligations as well as
existing unfunded capital projects.
However, investing in spaces that serve and foster community activities is a vital
component of a prosperous city and there is an opportunity before the Council
that should not be missed. City facilities, including Dumas Bay and the
Community Center are vital assets for the community, but they are not adequate
in both size and diversity of uses to serve this growing City. In addition, the City's
vision for its Downtown as a civic hub includes Town Square Park and the to -be -
built Civic Plaza. There needs to also be an indoor Community space included of
size to meet the growing community's needs.
2. City Hall
As the City looks to its future, the discussion of a new City Hall should consider a)
the adequacy of the current facility to accommodate the needs of the growing
City; and, b) the impact of having the City Hall buried in a business park has on
the overall image and functionality for the City.
Adequacy of Existing building
The following discussion is focused on those departments and employees not located at
the City's Operation & Maintenance facility as the city has invested in a new facility for
those municipal functions.
The City purchased the current City Hall building in 2003. The population of
Federal Way in 2003 was 86,000. The City had 293 staff at that time.
The current population is 102,000. The City has 398 staff currently.
The City is expected to reach 130,000 by 2044. City Hall does not currently have
adequate space for the Police Department and Municipal Court downstairs. On
the 2"d floor, City departments are out of space and currently repurposing storage
space into usable office space. Lack of available conference rooms and public
meeting spaces is an on -going issue. Accessing City Hall for those in the
community without a private mode of transportation option is difficult as transit
options are limited and there are few residents located within reasonable walking
distance of the existing facility.
The City has 4 choices in considering City Hall:
1) Take no action and continue to overcrowd the existing City Hall
building. This option, although seemingly less costly, will adversely
impact the City and working conditions for City staff. This will, in turn,
negatively impact the City's ability to recruit top candidates. This
option does not address concerns over the community's access to
this facility and lack of public resources.
2) Purchase a 2nd City Hall to allow for part of City staff to remain and
part to locate to another building. Although this might be a more
affordable alternative, cities have found that splitting staff into multiple
buildings creates an operational disfunction that negatively impacts
the organization.
3) Fund an expansion of the existing City Hall. The current City Hall is
83,000 square feet. It is estimated the City should be considering a
space of approximately 120,000 square feet to accommodate its
future needs.
. Whether or not structurally the existing
--- x building could be modified is unknown.
To add approximately 40,000 sq ft to the
existing building would represent an
addition similar to that pictured to the
r . ' �• left. In addition to removing parking for
the addition, the new space would
require significant modification to the
existingstructure and generate
increased parking requirements resulting in the need to build a
parking garage or to buy additional property to accommodate the
parking need.
4) Fund the acquisition of a new building or space that would
accommodate the City's workforce. This option can be divided into 2
sub -options: 1) build a new City Hall that would be purpose-built for
the City; or, 2) look for an existing, empty space of this size.
Repurposing an existing office space to meet City needs would
involve a significant tenant improvement and there are few choices of
office buildings located in the City over 100,000 sf. Existing buildings
of this size in the City include: the Weyerhaeuser headquarter building
(337,000 sf), the Davita headquarter building (187,000 sf), or the
Evergreen Corporate Center (113,000 sf). None of these existing
buildings are located in the Downtown area.
Having City Hall in Downtown
The City is attempting to turn an underdeveloped and underutilized part of the
City into its Downtown. Moving City Hall to this area would serve as a beacon for
public involvement, community gatherings, and a catalyst for private investment
in downtown businesses and community life. City halls exist in almost every city
across America. They serve the same purpose in each place: they are portals
through which the community interacts with local leaders and is a symbol of local
identity and pride. Moving City Hall and its employees downtown immediately
provides 300 shoppers and a lunch crowd that will support local businesses.
The City has expressed a desire for the Downtown to be a mixed -use
neighborhood in City, consisting of residences, retail and office uses. Given the
current post -pandemic office market, it is unlikely the City will be able to lure
office users to this area except for City Hall. City offices also tend to attract other
office uses that interact with City services on a regular basis.
Funding these Facilities
Not considering 2 new, multi -million -dollar facilities, the City has a long list of
existing, unfunded capital and maintenance obligations. Earlier this year, the
City committed to the construction of an expanded Operations and Maintenance
Facility, the cost of which is still being determined. There have been discussions
about turfing fields at Celebration Park. City Hall needs a new roof.
There are 2 questions that need to be asked:
1. Is a new Community Space a "need" or a "want"?
2. Is a new City Hall a "need" or a "want"?
If either of these are "needs", then what is their priority for the community?
CSAG Recommendations
1. Community Space: The City incorporate language into the draft development
agreement for TC3 that would allow for the construction of a 40,000± sf
Community Space, subject to the City being able to secure funding for such a
space.
2. Community Space: The City prioritize efforts to fund this space.
3. Community Space: Should funding be possible, that the City utilize a Request for
Proposals (RFP) process to determine the occupant or occupants of the space.
4. City Hall: The City incorporate language into the draft development agreement for
TC3 that would allow for the construction of a new City Hall, subject to the City
being able to secure funding for such a space.
5. City Hall: Prior to determining the size of the City Hall, the City engage with a
space planner to determine the appropriate size and configuration of the facility
to ensure that it is optimal for City departments and the municipal court.
6. Community Space & City Hall: New City Hall downtown is a need. A new
Community Space is also a need for a livable city. But, the Community Space is
undefined at this time. The City should try to realize both spaces, and should
pursue a public process to help define the size and use of the Community Space
& explore options for the Council's considerations.
TA N AY e7
To: Jack Dovey
Land Use and Transportation Committee
From: Federal Way Public Market Board of Directors
Date: September, 22, 2023
We want to thank the Land Use and Transportation Committee for convening the Community
Space Advisory Committee and inviting us to participate. We believe our new downtown must
be inviting and accommodating to residents, businesses, and visitors. Thus, it's important that
community members and groups have had the opportunity to inform city decision -making.
This memo is in response to the memo you are receiving from city planners on behalf of the
CSAG that includes a summary of the topics, discussions, presentations and most importantly
recommendations of the CSAG.
Below are our positions on each of the recommendations:
City Hall (Recommendations 4, 5, 6)
Our position:
A. If funding is found and the City Council decides to move city hall, we would support
moving city hall downtown, but not to the TC3 property.
Community Space (Recommendations 1, 2, 3, 6)
Our position:
A. We support the recommendation that the development of a community space should be
included in the city's agreement with OneTrent.
B. We agree that the city needs to work with the community to clearly define the size,
purpose, and role of the community space in our new downtown.
C. We agree that if a community space is built tenancy should be allotted based on an RFP.
D. We believe tenancy must support economic development, not direct provision of social
and health services and programs. These services will be needed in our new downtown
but should not be located on the TC3 property.
we understand the importance and value of moving city hall to the downtown area but feel
strongly that the development of the TC3 property should focus on economic development and
providing a welcoming place for residents, visitors and new businesses.
Fri 922a023 511 PM
A PremierCapital Advisors LLC <pca2348@gmai1.com>
PUBLIC COMMENTS ON THE PROPOSED MOVING FEDERAL WAY CITY HALL
To Kehh N—n
Cc Kang Kim
Action Items
+ Get more add -ins
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DEAR MR. KEITH NIVEN,
WE THE UNDERNAMED WOULD LIKE TO MAKE PUBLIC COMMENTS ON THE PROPOSED NEW CITY HALL ATTHE COMMUNITY SPACE NEXTTO THE SOUND TRANSITSTATION.
1) IS MOVING CITY HALL (OFFICES, POLICE, COURT AND OTHERS)
A PRIORITY OF THE CITY TASKS? ALTHOUGH IT 15 A NEED BASED, IT MUST BE ON THE TOP OF PRIORITIES FOR THE CITY TASKS.
2) WHERE WOULD THE FUNDS COME FROM? AND WHAT ARE ESTIMATED TOTAL COST OF A NEW CITY HALL? WOULD IT BE FROM A SPECIAL LEVY OR UNFUNDED PROJECTS?
3) WE BELIEVE THE TOTAL SQUARE FOOTAGE OF A NEW CITY HALL AT THE SPACE SHOULD NOT EXCEED 10% OF TOTAL SPACE.
WE BELIEVE IT 15 REASONABLE.
YOUR CONSIDERATION OF OUR COMMENTS WOULD GREATLY BE APPRECIATED.
THANK YOU.
JAMES H. KIM
AND TONY KIM
0
GREATER
FEDERAL WAY
Chamber of Commerce
TO: Community Space Advisory Group DT: September 13, 2023
FR: Rebecca Martin, CEO, Greater Federal Way Chamber
Cc: Chamber Board of Directors
RE: Chamber Input on CSAG Draft Recommendation
Thank you for allowing the business community a voice on this advisory group through the
Chamber of Commerce. The Chamber believes that a key to establishing a downtown core in
Federal Way is moving City Hall as an anchor to development.
The Chamber believes it is imperative that we look at the economic development of our
downtown based on data specific to our community and its potential for growth. Of concern in
the CSAG draft recommendation is the focus that moving City Hall to anchor downtown
development would serve only retail, a "lunch crowd," and businesses that interact with City
services (page 3).
As you know from our discussions at the meetings, the Chamber has a different perspective on
the potential for business growth in our downtown and encourages setting a direction for new
economic opportunity in Federal Way that aligns with the data trends reflected in the
Chamber's recent economic reports.
■ The retail and accommodations sector is a sector with growth continuing to decline. Past
growth was negative from 2017-2022 at -42%, a -50% difference from 2015-2020. The
sector is expected to continue its negative growth trend, at -40% between 2022-2027
• Business and Professional Services is an industry sector with a trend history of growth in
Federal Way. The growth between 2017-2022 was 41%. That trend is expected to
continue with projected growth of 31%, from 2022-2027. In addition, average wages
earned in this sector are above the national average.
Looking strategically at the economic inflow and outflow between Federal Way and our
South Sound region, the following sectors are identified as growth opportunities: Life
sciences, business and professional services,, software information technology, and
supply chain management and support services.
This and other economic data is currently outlined at fedwaychamber.com, as well as the
Chamber's Sector Data for Economic Growth Report and the priority industry and Workforce
Assessment (both reports have been shared at our meetings).
Again, thank you for including the voice of business in these discussions.
COUNCIL MEETING DATE: N/A
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PROGRESS UPDATE ON SOUND TRANSIT PROJECTS IN FEDERAL WAY
POLICY QUESTION: None.
ITEM #:
COMMITTEE: Lane Use and Transportation Committee MEETING DATE: October 2, 2023
CATEGORY:
❑ Consent 10 Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ® Other
STAFF REPORT BY: Kent Smith P.E., Sound Transit Liaison X� DEPT: Public Works
Attachments: 1. Staff Report
Options Considered: N/A
MAYOR'S RECOMMEN
MAYOR APPROVAL:
N/A
COMMITTEE RECOMMENDATION: N/A
N/A
Is Council
Initial/Date
DIRECTOR APPROVAI.: q Zll)-3
Initial/Date
Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoane Tran, 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
— 1/2022
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 2, 2023
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director
Kent Smith, P.E., Sound Transit LiaisonA�
SUBJECT: Progress Update on Sound Transit Projects in Federal Way
Financial Impacts:
Background Information:
Staff will present the monthly progress update on the Sound Transit projects in the City of
Federal Way. Updates for this month include:
Federal Way Link.Extenslon:
■ Uti I ity work is ongoing:in the vicinity of the new transit station.
• Roadway paving of new roadway for 23`d Ave S and S 317d' St continues with
concrete panels going in along 23`d Ave S and S 317d' St.
■ Realignment and restoration of Bingaman Creek continues.
• Landscaping, stormwater installation, noise wall construction, systems ductwork,
concrete plinths, OCS foundations, sub ballast installation, and MSE wall
construction is ongoing along the corridor.
+ Rail delivery and installation continues along the corridor.
• Storm drainage for the new 22❑d Ave S, S 319d' St, and S 318d' St adjacent to the new
transit station is ongoing.
• Concrete work for the new garage extension is nearly complete with a few level 5
deck and column pours remaining.
• Artwork for the garage extension is undergoing fabrication and is expected to be
installed in early 2024.
• Work continues to construct traction power substations with foundation and utility
work.
■ Federal Way Transit Center Station work continues with structural steel installation,
ceiling and architectural wall panel installation, elevator installation and testing, and
plumbing, electrical and glass work.
• Interior work for the End of Line Facility is ongoing.
Rev, 7/18
OMF South:
• No updates since last LUTC meeting.
Tacoma Dome Link Extension:
No updates since the last LUTC meeting.
Rev 7/1 S