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02-20-2024 Council Packet - RegularCITY OF �. Fe deral Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall — Council Chambers* February 20, 2024 — 6:30 p.m. The City Council may amend this agenda and take action on items not currently listed. Regular Meetings are recorded and televised on Government Access Channel 21 and viewable on FW YouTube. For more information, or to view agenda materials and access public comment sign-up options, please visit www.cityoffederalway.com. To request accommodations or assisted listening devices, please contact the City Clerk prior to the meeting. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MAYOR'S EMERGING ISSUES AND REPORT • Mayor's State of the City Report (2/15) • Neighborhood Connection Meeting — Olympic View Elementary on March 7 at 6:00 p.m. • Recent Events: 151h Federal Way Korean American Association Inauguration Ceremony (2/10) • Upcoming Events: Business Safety Summit, Wednesday, February 21 via Zoom; AWC Mayors Exchange in Olympia on Thursday, February 22; March of Diapers Drive on Saturday, March 23 at Twin Lakes Fred Meyer 10:00 a.m. to 2:00 p.m.; Japanese Student Tour at City Hall on Tuesday, February 27 4. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. Council Rules prohibit any personal, impertinent, threatening or slanderous remarks, and no speaker may convey or donate their time for speaking to another speaker. All individual comments are limited to 3 minutes each. The Mayor may interrupt any speaker whose comments continue too long, relate negatively to others, disparage people based on race, national origin, gender, sexual orientation or other protected status, or are otherwise unconducive to a civil meeting. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from any meeting for disorderly conduct. 5. PRESENTATIONS a. Proclamation: Black History Month — February 2024 *Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom. us/m/363503282?pwd=Vm locGOrdFVyTURaQnIoRU IQOTQ4ZzO9 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Regional Committees Report • Council President Report 7. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: February 6, 2024 Regular Meeting and February 3, 2024 Annual Retreat Summary b. Street Light Infill Project - Rejection of Bids and Authorization to Re -Bid c. 2023 Neighborhood Traffic Safety (NTS) Program Projects d. Resolution - Accepting Transportation Grants and Authorizing the Execution of the Associated Local Agency Agreements e. On -Call Contract for Asbestos Abatement - Approval to Award f. Joint Use Operations and Maintenance Facility - 30% Design Review g. Selection Process: 2024 Annual Comprehensive Plan Amendments h. Resolution: Correcting the Estimated Annual Assessment for Steel Lake Management District in Resolution #23-838 i. SPAR (Public Defender) Grant Acceptance and Agreement j. Yakima County Jail Agreement for Inmate Housing k. ARPA Financial Literacy and Workforce Development Amended Grant Terms I. Tree Services Contract Amendment No. 3 m. King County Youth and Amateur Sports Grant Application - Free 2024 Youth Summer Soccer Camps n. King County Youth and Amateur Sports Grant Application - Teen Outdoor trip Series o. Parks & Recreation Commission 2024 Work Plan p. Federal Way Community Center Boiler Replacement q. Federal Way Community Center Slide and Spa Pump Replacement 8. COUNCIL BUSINESS a. Federal Legislative Priorities • Presentation: Tanja Carter, Economic Development Director *Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom. us/m/363503282?pwd=Vm locGOrdFVyTU RaQnloRU IQOTQ4Zz09 b. Authorization to Apply for a Transportation Grant • Presentation: EJ Walsh, Public Works Director c. Resolution: Council Rules of Procedure Presentation: Ryan Call, City Attorney d. Approval of Mediated Settlement in the Matter of Pellum v. COFW, et al • Presentation: Ryan Call, City Attorney 9. ORDINANCES First Reading a. Council Bill #875/Ordinance: Parking Recreational Vehicles on City Streets AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO RECREATIONAL VEHICLES PARKING ON CITY STREETS; ADDING A NEW SECTION TO CHAPTER 8.50 FEDERAL WAY REVISED CODE. • Presentation: Kent van Alstyne, Assistant City Attorney • Public Comment — 3 minutes each 10. COUNCIL REPORTS 11. EXECUTIVE SESSION a. Pending/Potential Litigation Pursuant to RCW 42.30.110(1)(i) 12. ADJOURNMENT *Remote attendance available via Zoom meeting code: 363 503 282 and passcode: 738163; or https://cityoffederalway.zoom. us/m/363503282?pwd=Vm locGOrdFVyTU RaQnloRU IQOTQ4Zz09 CIT Federal Way PROCLAMATION "Black History Month" WHEREAS, Black History Month is a celebration of the contributions and achievements of African Americans and descendants of slaves that was first established as a month -long event in 1976; and WHEREAS, the Association for the Study of African American Life and History (ASALH) selected this year's theme as African Americans and the Arts, providing recognition that African American influence in the fields of visual and performing arts, literature, fashion, folklore, language, film, music, architecture, culinary and other forms of cultural expression; and WHEREAS, Black History Month is a time to commemorate the incredible cultural, scientific, political, and economic contributions of Black Americans, whose examples of heroism, patriotism, and enterprise have given people of all different backgrounds confidence, courage, and faith to pursue their own dreams; and NOW, THEREFORE, we the undersigned Mayor and City Councilmembers of the City of Federal Way, do hereby proclaim that February I through February 29, 2024 is BLACK HISTORY MONTH in the City of Federal Way, and encourage the people of our city to join together to support African -American - owned businesses, expand knowledge and understanding of equality, and celebrate the enduring and rich history of African Americans. SIGNED, this 20th day of February, 2024. FEDERAL WAYMAYOR AND CITY COUNCIL Jim Ferrell, Mayor ",�j�dia Assefa-D son, Council member (� us n Honda, Counalm mber Jack Walsh, Councilmember inda Kochmar, Co ncil President ILI, Paul McDaniel, Councilmember V. Tran, Jack Dovey, kunjilmember COUNCIL MEETING DATE: February 20, 2024 ITEM #: ■ u CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the February 6, 2024 Regular Meeting and the February 3, 2024 Annual Retreat? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk Attachments: February 6, 2024 Regular Meeting Draft Minutes February 3, 2024 Annual Retreat Summary Draft Minutes Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A Council Initial/Date N/A DIRECTOR APPROVAL: 2 ?dL BnitiallDate N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY of Federal Way Centered on Opportunity CITY COUNCIL, REGULAR MEETING AGENDA City Hall - Council Chambers* February 6, 2024 - 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:30 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Councilmember Lydia Assefa-Dawson, Councilmember Paul McDaniel, Councilmember Susan Honda, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Administrator Brian Davis, Assistant City Attorney Joanna Eide, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. Mayor Ferrell excused Councilmember Tran. 3. MAYOR'S EMERGING ISSUES AND REPORT Mayor Ferrell noted his annual State of the City Address is scheduled at the Performing Arts and Event Center on Thursday, February 15, and provided information on the City Council retreat held on Saturday, February 3. He will be attended the United States Conference of Mayors in Washington DC and is looking forward to returning to DC with Councilmembers for the NLC Conference in March, where they will have the opportunity to lobby with the federal legislators. The mayor reported on recent community events including the 75th Anniversary of India's Republic Day and Opening of India's Consulate General Office in Seattle; a recent Health through Housing project update; and he met with the newly appointed Federal Way Korean American Association President and New Board Chair. He asked Cheryl Hurst to provide information on the upcoming Diaper Drive and the new Diaper Bank. Ms. Hurst noted the Federal Way Diaper Drive will be held at the Twin Lakes Fred Meyer on Saturday, March 23 beginning at 10:00 a.m. Mayor Ferrell reported on attending various Homeowners Association Meetings with Chief Hwang and has scheduled the first Neighborhood Connection Meeting for Thursday, March 7 at Olympic View Elementary. Federal Way City Council Regular Minutes Page 1 of 6 February 6, 2024 4. PUBLIC COMMENT Craig Patrick provided information on events in the community and is looking forward to the St. Patrick's Day celebration. Ken Blevins reported ongoing concerns with the Day Center and asked the city to enforce regulations for the safety of the city. Melissa Hamilton spoke regarding House Bill #1994 and expressed concern this bill will eliminate Prosecutor discretion, if passed. She urged Council to send a message to the lawmakers that victims' rights should not come last. Anna Patrick attended the Council retreat and shared her concern with capital spending and loss of tax revenue. Trenise Rogers, in honor of Black History Month, read a 2020 declaration from King County Executive Dow Constantine identifying racism as a public health crisis. 5. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/ Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember Walsh noted the next meeting will be February 13 at 5:00 p.m. and announced the Parks Appreciation Day will be April 20th from 9:00 a.m. to noon at the Blueberry Farm and Saghalie Park. Land Use/Transportation Committee (LUTC): Councilmember Dovey reported on the committee meeting noting items will come to Council on February 20 for final approval. Finance, Economic Development Regional Affairs Committee (FEDRAC): no report. Lodging Tax Advisory Committee (LTAC): CouncilmemberAssefa-Dawson noted there was no meeting in February; the next meeting is scheduled for March 13 at 10:00 a.m. She also provided information on the Sound Cities Association (SCA) Regional Law, Safety and Justice Committee. Regional Committees Report: Councilmember Honda provided an update on various regional boards and committees she participates on including the Public Issues Committee (PIC), Sound Cities Association (SCA), and the Women in Government Board Meeting. She acknowledged Lunar New Year on February 10 and will be attending the Asian Pacific American Officials Board Meeting. Council President Report: Council President Kochmar noted the Council has scheduled a study session prior to the next regular meeting to discuss the Maintenance Facility; she encouraged attendance from the community. She is looking forward to visiting Washington DC in March for the National League of Cities (NLC) Conference and to lobby for federal money. 6. CONSENT AGENDA a. Minutes: January 16, 2024 Regular Meeting b. AP Vouchers 11/18/2023 — 12/18/2023 & Payroll Vouchers 11/01/2023 — 11 /30/2023 Federal Way City Council Regular Minutes Page 2 of 6 February 6, 2024 c. AP Vouchers 12/19/2023 — 01/17/2024 & Payroll Vouchers 12/01/2023 — 12/31 /2023 d. Monthly Financial Report — November 2023 e. EGenGm_i_nr a telepMeRt AR -PA Fegram� City 111 aFkefing ❑regFam - pulled and approved separately f. Parks Portable Toilet Services Contract g. HVAC Controls Upgrades Councilmember Honda pulled item a/Economic Development ARPA Program: City Marketing Program COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS (A-D AND F-G); SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Honda yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes (e) Economic Development ARPA Program: City Marketing Program Economic Development Director Tanja Carter provided an overview of this item which was recently presented at the FEDRAC Council Committee. She noted this project is to consistently make Federal Way "top of mind" and investing in ourselves to generate more business and tax revenue. In response to questions, she clarified this is not a rebranding of the city logo or tagline, rather, a marketing strategy and messaging to reinforce the narrative about all the amazing things in Federal Way. Details were provided on the program costs and the four (4) phases of the plan. Council thanked Director Carter for the presentation and information. COUNCILMEMBER HONDA MOVED APPROVAL OF CONSENT AGENDA ITEM E; SECOND BY COUNCILMEMBER MCDANIEL. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran excused CouncilmemberAssefa-Dawson yes Councilmember Walsh yes Councilmember McDaniel yes Councilmember Dovey yes Councilmember Honda yes 7. COUNCIL BUSINESS a. Economic Development ARPA Program: Start to Cart Program Economic Development Director Tanja Carter provided a presentation on this item which was also presented at the FEDRAC Council Committee. Director Carter introduced Cherri Eldeson, who participated in the presentation remotely. The Start to Cart Program is a six -week program on a simple platform aimed to help small businesses engage online sales. Councilmembers thanked Director Carter and Ms. Eldeson for the presentation and asked questions regarding ongoing cost to businesses, the number of businesses who can participate, and if there is a minimum age limit to use the system. Federal Way City Council Regular Minutes Page 3 of 6 February 6, 2024 COUNCILMEMBER ASSEFA-DAWSON MOVED APPROVAL OF THE PROPOSED START TO CART GRANT PROGRAM; SECOND BY COUNCILMEMBER DOVEY. Councilmember McDaniel stated he feels this is outside the scope of what the city should be involved in. The motion passed 5-1 as follows: Council President Kochmar yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel no Councilmember Honda yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes b. Economic Development ARPA Program: Digital Literacy Program Economic Development Director Tanja Carter introduced Rich Shockley and Andrew Powers of the Small Business Development Center (SBDC). Information was provided on the proposed Digital Literacy Program for small businesses learn skills from creating business plans to cash flow tools. Council thanked Director Carter for the presentation and asked clarifying questions regarding the Small Business Center. COUNCILMEMBER ASSEFA-DAWSON MOVED APPROVAL OF THE DIGITAL LITERARY ARPA GRANT PROGRAM; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Honda yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes c. Federal Way Community Center Temporary Locker Room Rental Parks Director John Hutton provided detailed information on the recent immediate need for temporary locker room rental including estimated cost and timeline. Finance Director Steve Groom answered questions regarding funding, noting the rental costs would come partially from the already identified ARPA allocation and the Capital Improvement Project (CIP) funds. Councilmembers asked clarifying questions regarding when the issue was identified, and a forecasted timeline of the entire renovation project; they also shared their concerns. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED TEMPORARY LOCKER ROOMS RENTAL AND ASSOCIATED WORK AND AUTHORIZE THE MAYOR TO EXECUTE CONTRACTS NECESSARY TO ACCOMPLISH THE WORK; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Honda yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes d. Confirmation of Independent Salary Commission Appointments Mayor explained the Independent Salary Commission is set by city code and reviews and sets salaries for the mayor and councilmembers every two -years based on Federal Way City Council Regular Minutes Page 4 of 6 February 6, 2024 comparable cities in the region. Assistant City Attorney Eide responded to a clarification request regarding eligibility. COUNCIL PRESIDENT KOCHMAR MOVED TO CONFIRM THE APPOINTMENTS OF GREGORY BARUSO AND GORDON BOCK TO THE INDEPENDENT SALARY COMMISSION AS VOTING MEMBERS WITH TERMS TO EXPIRE FEBRUARY 28, 2028; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran excused Councilmember Assefa-Dawson yes Councilmember Walsh yes Councilmember McDaniel yes Councilmember Dovey yes Councilmember Honda yes 8. ORDINANCES Second Reading/Enactment a. Council Bill #874/Authorizing Condemnation of Certain Property for the Purpose of Constructing the Joint Use Operations and Maintenance Facility/APPROVED ORDINANCE NO. 24-982 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTING THE JOINT USE OPERATIONS AND MAINTENANCE FACILITY ALONG 28TH AVENUE S FROM S 312TH STREET TO SOUTH 308TH LANE INCLUDING THREE PROPERTIES ALONG THE SOUTH SIDE OF 308TH LANE; DESCRIBING THE PUBLIC USE AND NECESSITY OF SUCH PROPERTY; DIRECTING STAFF TO EXHAUST REASONABLE NEGOTIATION EFFORTS TO PURCHASE SUCH PROPERTY; PROVIDING FOR THE CONDEMNATION OF THE PROPERTY; AND DIRECTING THE CITY ATTORNEY TO INITIATE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION IF ATTEMPTS TO PURCHASE ARE NOT SUCCESSFUL. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Assefa-Dawson yes Councilmember McDaniel yes Councilmember Honda yes 9. COUNCIL REPORTS Councilmember Assefa-Dawson had no report. Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes Councilmember McDaniel shared a personal story, thanking the quick assistance of kind members of the community. Councilmember Honda provided information on the Federal Way Service Network and reported on attending a musical showcase of high school students grades 9-12 on January 26. Councilmember Walsh commended staff for the productive annual retreat. He was pleased to attend a well -attended concert at the PAEC. Federal Way City Council Regular Minutes Page 5 of 6 February 6, 2024 Councilmember Dovey provided a reminder of new financial literacy classes beginning soon. Council President Kochmar thanked the Police Department for the emphasis patrols and also thanked Councilmember Honda for reaching out to the school board directors. 10. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:03 p.m. Attest: Stephanie Courtney, CMC City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 6 of 6 February 6, 2024 CITY of Federal Way Centered on Opportunity 2024 CITY COUNCIL ANNUAL RETREAT SPECIAL MEETING SUMMARY Dumas Bay Centre February 3, 2024 — 8:00 a.m. DR*4*47 Call to Order Mayor Ferrell called the meeting to order at 8:01 a.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Councilmember Lydia Assefa-Dawson, Councilmember Paul McDaniel, Councilmember Susan Honda, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Administrator Brian Davis, City Attorney Ryan Call, and City Clerk Stephanie Courtney. 2. Pledge of Allegiance Mayor Ferrell led the flag salute. Mayor Ferrell excused Councilmember Tran. 3. Welcome and Introductions Mayor Ferrell and Council President Kochmar welcomed everyone. 4. Review of Council Rules of Procedure City Attorney Ryan Call provided information on two topics previously raised. He overviewed proposed language which would allow reading abbreviated ordinance titles into the record at Council meetings. City Attorney Call also lead a discussion on attendance from remote locations, absences, and other issues regarding the City Council current attendance rules. Council consensus was to have the City Attorney bring forward a resolution at the next regular meeting. 5. Council Goals Council discussed goals that were set in 2020 and identified how they currently apply. In response to questions, Economic Development Director Tanja Carter provided suggestions including a pivot from "tech hub" to "health care continuum". Discussion centered on setting goals that can be tied to budgeting for greater success. After thorough discussion, Council consensus was to schedule a study session for further discussion and review. Federal Way City Council Annual Retreat Summary Page 1 of 3 February 3, 2024 6. Downtown Update a. Town Center 3 (TC3) b. Federal Way Link Extension c. Commons Mail Community Development Director Niven provided a review of the 2023 accomplishments and challenges in the downtown. Information was presented regarding a TC-3 Land Plan and development agreement, architectural guidelines, and view protection. Council asked clarifying questions regarding parking, employment targets, connectivity, and light -rail transit -oriented development. 7. Morning Break At 10:03 a.m. Mayor Ferrell announced the Council would recess for a morning break for approximately 12 minutes. Councilmember Assefa-Dawson left the meeting at 10:15 a.m. Mayor Ferrell reconvened the meeting at 10:20 a.m. 8. Downtown Update Continued Director Niven shared a second presentation overviewing downtown goals for 2024. Included in these are finishing the development agreement with the TC3 developer, a potential pedestrian overpass, and addressing the parking need. Additional possibilities for downtown include a community space and future relocation of City Hall, Municipal Court and the Police Department. Public Works Director EJ Walsh provided answers to acceptable levels of service and traffic modeling questions. A needs assessment was suggested for the current City Hall to ascertain a timeline of actual need. Director Niven provided an update on possible Commons Mall re -development; Director Walsh provided a high-level project update on South Transit Light Rail and the Federal Way Transit Center. Council provided input and continued discussions on their vision and desire for the downtown area. Council thanked Director Niven and Director Walsh for the information and look forward to discussing these topics at a future study session and Council Committee. 9. Lunch Break At 11:49 a.m. Mayor Ferrell announced the Council would recess for a lunch break for approximately 45 minutes. Mayor Ferrell reconvened the meeting at 12:30 p.m. and excused Councilmember Assefa- Dawson from the remainder of the meeting. 10. Capital Finance a. Existing Debt b. Maintenance and Operations Facility c. Town Center 3 (TC3) d. 320th "Dip" Crossing e. Tax Increment Financing Federal Way City Council Annual Retreat Summary Page 2 of 3 February 3, 2024 City Administrator Brian Davis provided information on the city's existing debt and clarification between personal debt and city dept. He provided a definition for "callable debt" and identified what portion of the current debt falls in that category. He included comparisons with other cities and Finance Director Steve Groom answered additional Council questions regarding debt capacity and the ability to repay. Administrator Davis provided information on the funding sources of the Joint Maintenance and Operations Facility and the two funding options which include Level Debt Service (borrowing from future development) or Backloaded Debt Service (interest only payments). Councilmembers raised questions regarding current pending legislation regarding Tax Increment Area Financing (TIF) and the impact it could have. Council President Kochmar left the meeting briefly at 1:43 p.m. and returned at 1:51 p.m. 11 Afternoon -Break 12. Joint Use Operations and Maintenance Facility Update Public Works Director EJ Walsh presented and update on the Joint Use Operations and Maintenance Facility including the status of land acquisition and the design status and schedule. He noted of the 12 parcels to be acquired, all have executed purchase and sale agreements. Director Walsh noted 30% design approval will come to the Land Use and Transportation Committee in February and the building permit submission by March 15. Director Walsh also provided information on the suggestion to relocate Public Works, Parks and one small department from City Hall to an expanded version of the facility. This would require additional parking and resizing of amenities including conference rooms and restrooms. Expansion of the project would incur additional costs for infrastructure; design; construction; and furniture, fixtures and equipment (FF&E). Director Walsh included advantage and disadvantages for expanding the project. Council thanked Director Walsh for the information and requested more information with further discussion at a City Council Study Session. 13. Closing Remarks 14. Adjourn There being nothing further on the agenda, Mayor Ferrell adjourned the special meeting at 2:22 p.m. Attest: Stephanie Courtney, CIVIC City Clerk Approved by Council: Federal Way City Council Annual Retreat Summary Page 3 of 3 February 3, 2024 7b COUNCIL MEETING DATE: February 20,2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: STREET LIGHT INFILL PROJECT — REJECTION OF BIDS AND AUTHORIZATION TO RE -BID POLICY QUESTION: Should City Council reject all bids for the Street Light Infill project and authorize staff to re -bid the project? COMMITTEE: Land Use and Transportation MEETING DATE: February 5, 2024 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kathy Davis, P.E., Senior Traffic En ineer DEPT: Public Works Attachments: 1. Staff Report 2. Bid Tabulation Options Considered: 1. Approve the proposed rejection of all bids for the Street Light Infill project and authorize staff to re -bid the project. 2. Do not approve proposed rejection of all bids and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL„ ' J ` c DIRECTOR APPROVAL: ,t,� Com tree C3uncil LJ Initial/Date InHia Initial/Mic COMMITTEE RECOMMENDATION: I move to forward Option I to the February 20, 2024 consent agenda for approval: N Chair I r v fn Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I l )v approval of the proposed rejection of all bids for the Street Light Infill project and authorize staff to to -bid the project and return to LUTC and Council for bid award authorization. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION 4 CITY OF FEDERAL WAY MEMORANDUM DATE: February 5, 2024 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Kathy Davis, P.E., PTOE, RSP1, Senior Traffic Engineer KDD SUBJECT: Street Light Infill Project— Rejection of Bids and Authorization to Re -Bid Financial Imp -acts: The cost to the City for the Street Light Infill project was included within the approved budget under the Public Works Street Capital budget, fund 306. In accordance with the approved budget, this item is funded by American Rescue Plan Act monies in the amount of $2,150,000. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements from operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Backaround Information: Six bids were received and opened on January 17, 2024 for the Street Light Infill project. Please see attached Bid Tabulation Summary. The apparent low bidder was Active Construction Inc. with a bid of $4,405,855.00. Financial Summary: Estimated Expenditures Design $136,000 Right -of -Way $0 Construction Contract $4,405,855 Contingency $440,855 Construction Management & Inspection $440,000 TOTAL PROJECT COSTS $5,422,710 Available Funding ARPA Funds $2,150,000 TOTAL PROJECT FUNDS $2,150,000 Awarding the project to the apparent low bidder would result in project expenditures $3,272,710 over the available budget. Therefore, staff is recommending that all bids be rejected and the project be re -bid with a reduced scope in order to be within budget. Rev. 7/18 Street Light Infill RFB No. 23-016 BID OPENING DATE: January 17, 2024 APPARENT LOW BIDDER ILOW RESPONSIVE, RESPONSIBLE BIDDER Vendor Name ---> Location ----------> Bid 1 Bid 2 Bid 3 Bid 4 Bid 5 Bid 6 Engineer's Estimate Active Construction Inc. Prime Electric Transportation Systems, Inc. Colvico, Inc. Transcon Company Valley Electric Pu allu , WA Bellevue, WA Auburn, WA Spokane, WA Auburn, WA Everett, WA Bid Item Amount Unit Price Total Price Total Price Total Price Total Price Total Price Total Price Total No SCHEDULE A - GROUP A STREET LIGHTS 1 MINOR CHANGE 1 FA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 2 AS -BUILT SURVEY AND RECORD DRAWINGS 1 LS $5,500.00 $5,500.00 $14,256.33 $14,256.33 $15,500.00 $15,500.00 $5,700.00 $5,700.00 $25,000.00 $25,000.00 $66,523.00 $66,523.00 $28,000.00 $28,000.00 3 MOBILIZATION 1 LS $208,720.00 $208,720.00 $77,489.52 $77,489.52 $212,500.00 $212,500.00 $374,800.00 $374,800.00 $300,000.00 $300,000.00 $409,233.00 $409,233.00 $132,700.00 $132,700.00 4 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $260,000.00 $260,000.00 $143,098.63 $143,098.63 $217,468.00 $217,468.00 $180,700.00 $180,700.00 $100,000.00 $100,000.00 $425,578.00 $425,578.00 $56,000.00 $56,000.00 5 SPCC PLAN 1 LS $150.00 $150.00 $2,970.66 $2,970.66 $1,500.00 $1,500.00 $3,600.00 $3,600.00 $5,000.00 $5,000.00 $14,838.00 $14,838.00 $7,000.00 $7,000.00 6 1 EROSION CONTROL AND WATER POLLUTION PREVENTION 1 LS $60,000.00 $60,000.00 $8,352.71 $8,352.71 $19,486.00 $19,486.00 $32,500.00 $32,500.00 $480,000.00 $480,000.00 $252,602.00 $252,602.00 $21,000.00 $21,000.00 7 INLET PROTECTION ILLUMINATION SYSTEM ELECTRICAL SERVICE CONNECTION FEE 36 EA $74.00 $2,664.00 $95.00 $3,420.00 $300.00 $10,800.00 $260.00 $9,360.00 $400.00 $14,400.00 $1,352.00 $48,672.00 $150.00 $5,400.00 8 1 LS $1,585,000.00 $1,585,000.00 $2,210,602.14 $2,210,602.14 $1,866,983.00 $1,866,983.00 $2,246,400.00 $2,246,400.00 $2,660,000.00 $2,660,000.00 $2,874,884.00 $2,874,884.00 $1,327,000.00 $1,327,000.00 9 1 FA $25,000.001 $25,000.00 $25,000.001 $25,000.00 $25,000.001 $25,000.00 $25,000.001 $25,000.00 $25,000.001 $25,000.00 $25,000.001 $25,000.00 $25,000.001 $25,000.00 2,149,034.00 2,487,189.99 2,371,237.00 2,880,060.00 $3,611,400.00 4,119,330.00 1,604,100.00 SCHEDULE B - GROUP B STREET LIGHTS 1 MINOR CHANGE 1 FA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 2 AS -BUILT SURVEY AND RECORD DRAWINGS 1 LS $1,650.00 $1,650.00 $2,966.05 $2,966.05 $2,500.00 $2,500.00 $1,700.00 $1,700.00 $3,500.00 $3,500.00 $9,536.00 $9,536.00 $2,000.00 $2,000.00 3 MOBILIZATION 1 LS $33,000.00 $33,000.00 $16,121.78 $16,121.78 $30,000.00 $30,000.00 $96,600.00 $96,600.00 $60,000.00 $60,000.00 $74,823.00 $74,823.00 $26,500.00 $26,500.00 4 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $22,000.00 $22,000.00 $29,771.83 $29,771.83 $20,344.00 $20,344.00 $34,500.00 $34,500.00 $50,000.00 $50,000.00 $66,459.00 $66,459.00 $4,000.00 $4,000.00 5 SPCC PLAN 1 LS $150.00 $150.00 $618.05 $618.05 $1,500.00 $1,500.00 $3,600.00 $3,600.00 $1,500.00 $1,500.00 $2,129.00 $2,129.00 $500.00 $500.00 6 EROSION CONTROL AND WATER POLLUTION PREVENTION 1 LS $5,000.00 $5,000.00 $8,352.71 $8,352.71 $1,000.00 $1,000.00 $9,700.00 $9,700.00 $52,000.00 $52,000.00 $33,808.00 $33,808.00 $1,500.00 $1,500.00 7 INLET PROTECTION ILLUMINATION SYSTEM 3 EA $83.00 $249.00 $95.00 $285.00 $300.00 $900.00 $260.00 $780.00 $400.00 $1,200.00 $2,170.00 $6,510.00 $150.00 $450.00 8 1 LS $280,000.00 $280,000.00 $459,918.19 $459,918.19 $403,935.00 $403,935.00 $443,700.00 $443,700.00 $455,000.00 $455,000.00 $554,962.00 $554,962.00 $265,000.00 $265,000.00 344,049.00 520,033.61 462,179.00 $592,580.00 625,200.00 750,227.00 301,950.00 SCHEDULE C - GROUP C STREET LIGHTS 1 MINOR CHANGE 1 FA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 2 AS -BUILT SURVEY AND RECORD DRAWINGS 1 LS $2,250.00 $2,250.00 $2,981.22 $2,981.22 $3,000.00 $3,000.00 $2,300.00 $2,300.00 $3,500.00 $3,500.00 $11,295.00 $11,295.00 $2,000.00 $2,000.00 3 MOBILIZATION 1 LS $46,000.00 $46,000.00 $16,204.26 $16,204.26 $50,000.00 $50,000.00 $78,700.00 $78,700.00 $78,000.00 $78,000.00 $86,367.00 $86,367.00 $27,500.00 $27,500.00 4 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $35,000.00 $35,000.00 $29,924.15 $29,924.15 $7,000.00 $7,000.00 $46,100.00 $46,100.00 $20,000.00 $20,000.00 $84,987.00 $84,987.00 $4,000.00 $4,000.00 5 SPCC PLAN 1 LS $150.00 $150.00 $621.21 $621.21 $1,000.00 $1,000.00 $3,600.00 $3,600.00 $1,500.00 $1,500.00 $2,516.00 $2,516.00 $500.00 $500.00 6 EROSION CONTROL AND WATER POLLUTION PREVENTION 1 LS $5,000.00 $5,000.00 $1,746.68 $1,746.68 $2,000.00 $2,000.00 $8,600.00 $8,600.00 $42,000.00 $42,000.00 $39,714.00 $39,714.00 $1,500.00 $1,500.00 7 INLET PROTECTION ILLUMINATION SYSTEM ELECTRICAL SERVICE CONNECTION FEE 2 EA $69.00 $138.00 $95.00 $190.00 $300.00 $600.00 $260.00 $520.00 $400.00 $800.00 $3,694.00 $7,388.00 $150.00 $300.00 8 1 LS $345,000.00 $345,000.00 $462,271.26 $462,271.26 $465,905.00 $465,905.00 $523,300.00 $523,300.00 $650,000.00 $650,000.00 $631,407.00 $631,407.00 $275,000.00 $275,000.00 9 1 LS $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 440,538.00 $520,938.78 $536,505.00 $670,120.00 $802,800.00 $870,674.00 $317,800.00 SCHEDULE D - GROUP D STREET LIGHTS 1 MINOR CHANGE 1 FA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 2 AS -BUILT SURVEY AND RECORD DRAWINGS 1 LS $800.00 $800.00 $998.80 $998.80 $1,700.00 $1,700.00 $2,300.00 $2,300.00 $3,000.00 $3,000.00 $5,843.00 $5,843.00 $2,000.00 $2,000.00 3 MOBILIZATION 1 LS $20,000.00 $20,000.00 $5,428.92 $5,428.92 $17,000.00 $17,000.00 $41,600.00 $41,600.00 $28,000.00 $28,000.00 $35,528.00 $35,528.00 $10,500.00 $10,500.00 4 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $20,000.00 $20,000.00 $10,025.49 $10,025.49 $7,843.00 $7,843.00 $22,700.00 $22,700.00 $20,000.00 $20,000.00 $62,872.00 $62,872.00 $4,000.00 $4,000.00 5 SPCC PLAN 1 LS $150.00 $150.00 $208.12 $208.12 $1,000.00 $1,000.00 $3,600.00 $3,600.00 $1,500.00 $1,500.00 $1,307.00 $1,307.00 $500.00 $500.00 6 EROSION CONTROL AND WATER POLLUTION PREVENTION 1 LS $5,000.00 $5,000.00 $585.19 $585.19 $750.00 $750.00 $5,900.00 $5,900.00 $26,000.00 $26,000.00 $27,742.00 $27,742.00 $1,500.00 $1,500.00 7 INLET PROTECTION ILLUMINATION SYSTEM 10 EA $78.00 $780.00 $95.00 $950.00 $300.00 $3,000.00 $260.00 $2,600.00 $400.00 $4,000.00 $580.00 $5,800.00 $150.00 $1,500.00 8 1 LS $110,000.00 $110,000.00 $154,874.70 $154,874.78 $150,704.00 $150,704.00 $194,700.00 $194,700.02 $215,000.00 $215,000.00 $243,192.00 $243,19N. $105,000.00 $105,000.00 158,730.001 $175,071.301 $183,997.001275,400.00 299,500.00 $3134,2134.001 $127,000.00 SCHEDULE E - GROUP E STREET LIGHTS 1 MINOR CHANGE 1 FA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 2 AS -BUILT SURVEY AND RECORD DRAWINGS 1 LS $800.00 $800.00 $1,193.32 $1,193.32 $1,800.00 $1,800.00 $1,900.00 $1,900.00 $2,000.00 $2,000.00 $8,063.00 $8,063.00 $2,000.00 $2,000.00 3 MOBILIZATION 1 LS $20,000.00 $20,000.00 $6,486.20 $6,486.20 $20,000.00 $20,000.00 $47,800.00 $47,800.00 $33,000.00 $33,000.00 $40,699.00 $40,699.00 $10,500.00 $10,500.00 4 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $15,000.00 $15,000.00 $11,977.97 $11,977.97 $29,920.00 $29,920.00 $17,200.00 $17,200.00 $20,000.00 $20,000.00 $56,857.00 $56,857.00 $4,000.00 $4,000.00 5 SPCC PLAN 1 LS $150.00 $150.00 $248.66 $248.66 $500.00 $500.00 $3,600.00 $3,600.00 $1,500.00 $1,500.00 $1,795.00 $1,795.00 $500.00 $500.00 6 EROSION CONTROL AND WATER POLLUTION PREVENTION 1 LS $5,000.00 $5,000.00 $699.16 $699.16 $1,000.00 $1,000.00 $9,900.00 $9,900.00 $20,000.00 $20,000.00 $46,915.00 $46,915.00 $1,500.00 $1,500.00 7 INLET PROTECTION ILLUMINATION SYSTEM ELECTRICAL SERVICE CONNECTION FEE 2 EA $69.00 $138.00 $95.00 $190.00 $300.00 $600.00 $260.00 $520.00 $400.00 $800.00 $2,691.00 $5,382.00 $150.00 $300.00 8 1 LS $130,000.00 $130,000.00 $185,036.85 $185,036.85 $167,870.00 $167,870.00 $175,400.00 $175,400.00 $265,000.00 $265,000.00 $247,275.00 $247,275.00 $105,000.00 $105,000.00 9 1 LS $5,000.001 $5,000.00 $5,000.001 $5,000.00 $5,000.001 $5,000.00 $5,000.001 $5,000.001 $5,000.001 $5,000.001 $5,000.001 $5,000.001 $5,000.001 $5,000.00 178,088.00 $212,832.161 $228,690.00 263,320.00 349,Inn .00 AIA QRR-nni $130,800.00 SCHEDULE F - GROUP F STREET LIGHTS 1 MINOR CHANGE 1 FA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 2 AS -BUILT SURVEY AND RECORD DRAWINGS 1 LS $800.00 $800.00 $1,368.52 $1,368.52 $1,700.00 $1,700.00 $1,900.00 $1,900.00 $2,000.00 $2,000.00 $4,841.00 $4,841.00 $2,000.00 $2,000.00 3 MOBILIZATION 1 LS $26,000.00 $26,000.00 $7,438.51 $7,438.51 $32,000.00 $32,000.00 $40,200.00 $40,200.00 $30,000.00 $30,000.00 $40,305.00 $40,305.00 $11,500.00 $11,500.00 4 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $20,000.00 $20,000.00 $13,736.58 $13,736.58 $12,400.00 $12,400.00 $17,200.00 $17,200.00 $20,000.00 $20,000.00 $64,020.00 $64,020.00 $4,000.00 $4,000.00 5 SPCC PLAN 1 LS $150.00 $150.00 $285.17 $285.17 $750.00 $750.00 $3,600.00 $3,600.00 $1,500.00 $1,500.00 $1,074.00 $1,074.00 $500.00 $500.00 6 EROSION CONTROL AND WATER POLLUTION PREVENTION 1 LS $5,000.00 $5,000.00 $801.81 $801.81 $750.00 $750.00 $8,300.00 $8,300.00 $30,000.00 $30,000.00 $17,904.00 $17,904.00 $1,500.00 $1,500.00 7 INLET PROTECTION ILLUMINATION SYSTEM 22 EA $73.001 $1,606.00 $95.00 $2,090.00 $300.00 $6,600.00 $260.00 $5:720.00 $400.00 $8,800.00 $360.00 $7,920.00 $150.00 $3,300.00 8 1 LS $210,000.00 $210,000.00 $212,204.11 $212,204.11 $266,000.00 $266,000.00 $205,000.00 $205,000.00 $227,000.00 $227,000.00 $266,966.00 $266,966.00 $115,000.00 $115,000.00 265,556.00 $239,924.701 $322,200.001283,920.00 $321,300.00 $405,030.001 $139,800.00 Page 1 of 2 Street Light Infill RFB No. 23-016 BID OPENING DATE: January 17, 2024 APPARENT LOW BIDDER ILOW RESPONSIVE, RESPONSIBLE BIDDER Vendor Name ---> Location ----------> Bid 1 Bid 2 Bid 3 Bid 4 Bid 5 Bid 6 Engineer's Estimate Active Construction Inc. Prime Electric Transportation Systems, Inc. Colvico, Inc. Transcon Company Valley Electric Pu allu , WA Bellevue, WA Auburn, WA Spokane, WA Auburn, WA Everett, WA Bid Item Amount Unit Price Total Price Total Price Total Price Total Price Total Price Total Price Total SCHEDULE G - GROUP G STREET LIGHTS 1 MINOR CHANGE 1 FA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 2 AS -BUILT SURVEY AND RECORD DRAWINGS 1 LS $800.00 $800.00 $1,001.56 $1,001.56 $1,900.00 $1,900.00 $1,900.00 $1,900.00 $2,500.00 $2,500.00 $6,635.00 $6,635.00 $2,000.00 $2,000.00 3 MOBILIZATION 1 LS $30,000.00 $30,000.00 $5,443.91 $5,443.91 $25,000.00 $25,000.00 $49,900.00 $49,900.00 $39,000.00 $39,000.00 $45,460.00 $45,460.00 $16,000.00 $16,000.00 4 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $20,000.00 $20,000.00 $10,053.18 $10,053.18 $8,424.00 $8,424.00 $27,300.00 $27,300.00 $15,000.00 $15,000.00 $40,804.00 $40,804.00 $4,000.00 $4,000.00 5 SPCC PLAN 1 LS $150.00 $150.00 $208.70 $208.70 $750.00 $750.00 $3,600.00 $3,600.00 $1,500.00 $1,500.00 $1,476.00 $1,476.00 $500.00 $500.00 6 EROSION CONTROL AND WATER POLLUTION PREVENTION 1 LS $5,000.00 $5,000.00 $586.81 $586.81 $1,000.00 $1,000.00 $6,900.00 $6,900.00 $25,000.00 $25,000.00 $21,494.00 $21,494.00 $1,500.00 $1,500.00 7 INLET PROTECTION ILLUMINATION SYSTEM ELECTRICAL SERVICE CONNECTION FEE 10 EA $78.00 $780.00 $95.00 $950.00 $300.00 $3,000.00 $260.00 $2,600.00 $400.00 $4,000.00 $629.00 $6,290.00 $150.00 $1,500.00 8 1 LS $220,000.00 $220,000.00 $155,302.61 $155,302.61 $241,430.00 $241,430.00 $301,400.00 $301,400.00 $305,000.00 $305,000.00 $331444.00 $332,444.00 $160,000.00 $160,000.00 9 1 LS $10,000.001 $10,000.00 $10,000.001 $10,000.00 $10,000.001 $10,000.00 $10,000.001 $10,000.00 $10,000.001 $10,000.00 $10,000.001 $10,000.00 $10,000.001 $10,000.00 $288,730.00 $185,546.77 $293,504.00 $405,600.00 $404,000.00 $466,603.00 $197,500.00 SCHEDULE H - GROUP H STREET LIGHTS 1 MINOR CHANGE 1 FA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 2 AS -BUILT SURVEY AND RECORD DRAWINGS 1 LS $800.00 $800.00 $440.08 $440.08 $1,300.00 $1,300.00 $1,900.00 $1,900.00 $1,500.00 $1,500.00 $2,611.00 $2,611.00 $2,000.00 $2,000.00 3 IMOBILIZATION 1 LS $15,000.00 $15,000.00 $2,392.02 $2,392.02 $14,000.00 $14,000.00 $30,700.00 $30,700.00 $18,000.00 $18,000.00 $19,893.00 $19,893.00 $6,000.00 $6,000.00 4 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $10,000.00 $10,000.00 $4,417.31 $4,417.31 $14,332.00 $14,332.00 $12,800.00 $12,800.00 $15,000.00 $15,000.00 $24,427.00 $24,427.00 $4,000.00 $4,000.00 5 SPCC PLAN 1 LS $150.00 $150.00 $91.70 $91.70 $500.00 $500.00 $3,600.00 $3,600.00 $1,500.00 $1,500.00 $586.00 $586.00 $500.00 $500.00 6 EROSION CONTROL AND WATER POLLUTION PREVENTION 1 LS $5,000.00 $5,000.00 $257.84 $257.84 $1,000.00 $1,000.00 $7,200.00 $7,200.00 $7,000.00 $7,000.00 $9,797.00 $9,797.00 $1,500.00 $1,500.00 7 INLET PROTECTION ILLUMINATION SYSTEM ELECTRICAL SERVICE CONNECTION FEE 2 EA $69.00 $138.00 $95.00 $190.00 $300.00 $600.00 $260.00 $520.00 $400.00 $800.00 $1,045.00 $2,090.00 $150.00 $300.00 8 1 LS $120,000.00 $120,000.00 $68,239.021 $68,239.02 $105,114.001 $105,114.00 $114,500.001 $114,500.00 $140,000.001 $140,000.00 $139,529.0011 $139,529.001 $60,000.001 $60,000.00 9 1 LS $5,000.001 $5,000.00 $5,000.001 $5,000.00 $5,000.001 $5,000.00 $5,000.001 $5,000.00 $5,000.001 $5,000.00 $5,000.001 $5,000.001 $5,000.001 $5,000.00 $158,088.00 $83,027.97 $143,846.00 $178,220.00 $190,800.00 $205,933.00 $81,300.00 SCHEDULE I - GROUPI STREET LIGHTS 1 MINOR CHANGE 1 FA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 2 AS -BUILT SURVEY AND RECORD DRAWINGS 1 LS $800.00 $800.00 $344.20 $344.20 $1,200.00 $1,200.00 $1,900.00 $1,900.00 $1,500.00 $1,500.00 $3,072.00 $3,072.00 $2,000.00 $2,000.00 3 MOBILIZATION 1 LS $15,000.00 $15,000.00 $1,870.88 $1,870.88 $15,000.00 $15,000.00 $36,700.00 $36,700.00 $23,000.00 $23,000.00 $24,958.00 $24,958.00 $9,000.00 $9,000.00 4 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $13,000.00 $13,000.00 $3,454.92 $3,454.92 $9,000.00 $9,000.00 $17,200.00 $17,200.00 $15,000.00 $15,000.00 $48,437.00 $48,437.00 $4,000.00 $4,000.00 5 SPCC PLAN 1 LS $150.00 $150.00 $71.72 $71.72 $500.00 $500.00 $3,600.00 $3,600.00 $1,500.00 $1,500.00 $687.00 $687.00 $500.00 $500.00 6 EROSION CONTROL AND WATER POLLUTION PREVENTION 1 LS $5,000.00 $5,000.00 $201.66 $201.66 $500.00 $500.00 $7,300.00 $7,300.00 $16,000.00 $16,000.00 $9,332.00 $9,332.00 $1,500.00 $1,500.00 7 INLET PROTECTION ILLUMINATION SYSTEM ELECTRICAL SERVICE CONNECTION FEE 6 EA 1 $69.00 $414.00 $95.00 $570.00 $300.00 $1,800.00 $260.00 $1,560.00 $400.00 $2,400.00 $545.00 $3,270.00 $150.00 $900.00 8 1 LS $111,000.00 $111,000.00 $53,371.90 $53,371.90 $130,815.00 $130,815.00 $142,700.00 $142,700.00 $170,0010.00 $170,000.00 $159,823.00 $159,823.00 $90,000.00 $90,000.00 9 1 LS $10,000.00 $10,000.00 $10,000.001 $10,000.00 $10,000.001 $10,000.00 $10,000.001 $10,000.00 $10,000.001 $10,000.00 $10,000.001 $10,000.00 $10,000.001 $10,000.00 $157,364.00 $71,885.28 $170,815.00 $222,960.00 $241,400.00 $261, 579.00 $119,900.00 SCHEDULE J - GROUP J STREET LIGHTS 1 MINOR CHANGE 1 FA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 2 AS -BUILT SURVEY AND RECORD DRAWINGS 1 LS $800.00 $800.00 $558.03 $558.03 $1,400.00 $1,400.00 $1,900.00 $1,900.00 $1,500.00 $1,500.00 $4,435.00 $4,435.00 $2,000.00 $2,000.00 3 IMOBILIZATION 1 LS $15,000.00 $15,000.00 $3,033.14 $3,033.14 $15,000.00 $15,000.00 $36,700.00 $36,700.00 $23,000.00 $23,000.00 $29,728.00 $29,728.00 $10,000.00 $10,000.00 4 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $13,000.00 $13,000.00 $5,601.26 $5,601.26 $4,584.00 $4,584.00 $18,600.00 $18,600.00 $13,000.00 $13,000.00 $35,588.00 $35,588.00 $4,000.00 $4,000.00 5 SPCC PLAN 1 LS $150.00 $150.00 $116.28 $116.28 $1,000.00 $1,000.00 $3,600.00 $3,600.00 $1,500.00 $1,500.00 $989.00 $989.00 $500.00 $500.00 6 EROSION CONTROL AND WATER POLLUTION PREVENTION 1 LS $5,000.00 $5,000.00 $326.95 $326.95 $1,000.00 $1,000.00 $6,500.00 $6,500.00 $14,000.00 $14,000.00 $19,317.00 $19,317.00 $1,500.00 $1,500.00 7 INLET PROTECTION ILLUMINATION SYSTEM ELECTRICAL SERVICE CONNECTION FEE 4 EA 1 $91.00 $364.00 $95.00 $380.00 $300.00 $1,200.00 $260.00 $1,040.00 $400.00 $1,600.00 $927.00 $3,708.00 $150.00 $600.00 8 1 LS $111,000.00 $111,000.00 $86,528.79 $86,528.79 $153,435.00 $153,435.00 $169,200.00 $169,200.00 $180,000.00 $180,000.00 $203,511.00 $203,511.00 $100,000.00 $100,000.00 9 1 LS $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.001 $10,000.001 $10,000.001 $10,000.001 $10,000.001 $10,000.00 $157,314.00 $108,544.45 $189,619.00 $249,540.00 $946,600.00 $309,276.00 $130,600.00 SCHEDULE K - GROUP K STREET LIGHTS 1 MINOR CHANGE 1 FA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 2 AS -BUILT SURVEY AND RECORD DRAWINGS 1 LS $800.00 $800.00 $344.20 $344.20 $1,100.00 $1,100.00 $1,900.00 $1,900.00 $1,000.00 $1,000.00 $2,416.00 $2,416.00 $2,000.00 $2,000.00 3 MOBILIZATION 1 LS $10,000.00 $10,000.00 $1,870.88 $1,870.88 $10,000.00 $10,000.00 $26,600.00 $26,600.00 $17,000.00 $17,000.00 $14,097.00 $14,097.00 $5,500.00 $5,500.00 4 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $8,000.00 $8,000.00 $3,454.92 $3,454.92 $1,250.00 $1,250.00 $9,700.00 $9,700.00 $13,000.00 $13,000.00 $6,107.00 $6,107.00 $4,000.00 $4,000.00 5 SPCC PLAN 1 LS $150.00 $150.00 $71.72 $71.72 $350.00 $350.00 $3,600.00 $3,600.00 $1,500.00 $1,500.00 $537.00 $537.00 $500.00 $500.00 6 EROSION CONTROL AND WATER POLLUTION PREVENTION 1 LS $5,000.00 $5,000.00 $201.66 $201.66 $250.00 $250.00 $6,600.00 $6,600.00 $8,000.00 $8,000.00 $7,849.00 $7,849.00 $1,500.00 $1,500.00 7 INLET PROTECTION ILLUMINATION SYSTEM ELECTRICAL SERVICE CONNECTION FEE 6 EA $69.00 $414.00 $95.00 $570.00 $300.00 $1,800.00 $260.00 $1,560.00 $400.00 $2,400.00 $468.00 $2,808.00 $150.00 $900.00 8 1 LS $77,000.00 $77,000.00 $53,371.90 $53,371.90 $100,100.00 $100,100.00 $97,300.00 $97,300.00 $135,000.00 $135,000.00 $107,154.00 $107,154.00 $55,000.00 $55,000.00 9 1 LS $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $108,364.00 $66,885.28 $121,850.00 $154,260.00 $184,900.00 $147,968.00 $76,400.00 $4,405,855.00 $4,671,880.29 $5,024,442.00 $6,175,980.00 $7,277,200.00 $8,334,890.00 $3,227,150.00 Amount Listed on Bid Form Difference $ 4,405,405.00 $ 4,658,238.32 $ 5,024,442.00 $ 6,175,980.00 $ 7,277,200.00 $ 8,337,890.00 $450.00 $ 13 641.97 $ $ $ $ (3,000.00) Page 2 of 2 7c COUNCIL MEETING DATE: February 20, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2023 NTS PROGRAM PROJECTS (3 PROJECT LOCATIONS) POLICY QUESTION: Should the Council authorize the installation of six (6) speed humps across three (3) 2023 NTS Program Projects? COMMITTEE: Land Use and Transportation Committee (LUTC) CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: Jason Kennedy, Sr. Traffic Engineer 1°r 1FK Attachments: 1. Staff Report Memo 2. Maps of Proposed Option l MEETING DATE: February 5, 2024 ❑ Public Hearing ❑ Other DEPT: Public Works Options Considered: 1. Approve the proposed installation of six (6) speed humps across three (3) 2023 NTS Program Projects? 2. Do not approve the proposed installation of six (6) speed humps across three (3) 2023 NTS Program Projects and provide direction to staff. _ MAYOR'S RECOMMENDATION: Option 1. Installation of six (6) speed humps across three (3) 2023 NTS Program MAYOR APPROVAL: DIRECTOR APPROVAL:V4 2 h it `1 Co ittc uuiscd initial/Date initiai/D Initial/Date 1. COMMITTEE RECOMMENDATION: I move to forward the proposed Option 1, six (6) speed humps across three (3) 2023 NTS Program Projects to the February 20, 2024, consent agenda for approval. Chair three (3) 2023 NTS Program Member [A , Committee Member I move approval of the proposed Option 1, installation of six (6) speed humps across (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2022 RESOLUTION 4 CITY OF FEDERAL WAY MEMORANDUM DATE: February 5, 2024 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jason Kennedy, Senior Traffic Engineer for JFK SUBJECT: 2023 NTS Program Projects (3 Project Locations) Financial Impacts These projects are part of the Neighborhood Traffic Safety (NTS) Program. In accordance with the approved budget these projects are funded by the Streets Fund. Upon completion of these projects, ongoing costs associated with operations and maintenance will be performed and funded through Streets and Traffic Division maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. The currently allocated NTS budget is $150,000 per year with $20,000 designated specifically for school NTS and/or school safety related improvements. Two (2) previously approved NTS projects are programmed for construction in 2024 with an estimated cost of $45,000, leaving an NTS budget balance of around $105,000 for 2024. The total estimated cost of the three new proposed projects is approximately $45,000. Background Information: Location #1: Lake Grove '23 NTS — 8`h Ave SW (SW 312`h St to SW 316'h St) Residents along 8' Ave SW submitted a request on July 17, 2023, requesting traffic calming devices to control vehicle speeds along 81h Ave SW between SW 3121h St and SW 3161h St. 8'h Ave SW is classified as a Minor Collector Street from SW 312`h St to Th PI SW and a Local Street from Th Pl SW.to SW 3161h St with a posted speed limit of 25 mph. Traffic studies were conducted in August/September of 2023, and the results are as follows: 85% Daily Park # of 5 yr. # of 5 yr. Total Street Speed Traffic or Sidewalk Collisions Injury/Fatal Score (mph) School Collisions 8'' Ave SW south of SW 312"' St 32 1,013 No No 0 0 - (Minor Collector Street. 25 mph) 8' Ave SW south of SW 314t' PI 26 397 No No 0 0 - (Local Street. 25 mph) Points Scored 2.0 0.5 1 0.0 1 1.0 0.0 0.0 3.5 January 19, 2024 Land Use and Transportation Committee 2023 NTS Projects (3 Project Locations) Page 2 A neighborhood traffic safety meeting was held virtually via Zoom on November 1, 2023. The 7 resident attendees all generally agreed that reducing speeding along 8' Ave SW as well as reducing other unsafe driving behavior was a priority. Several attendees also expressed safety concerns related to feeling unsafe walking along 8' Ave SW and crossing the street at various places. Although all options and traffic calming measures were considered, Speed Humps were the most popular option. Based on the current adopted NTS installation criteria (per table below), the location scored 3.5 total severity points. This meets the minimum 3.0 severity points to qualify for the installation of traffic calming devices. The results below apply to only the segment of 8' Ave SW between SW 312' St and 7" Ave SW which met the NTS criteria. The segment of 8' Ave SW between SW 313' Ct and SW 3161h St did not meet NTS criteria and was removed from consideration for traffic calming measures. Minor Collector Street NTS Criteria - 8th Ave SW (SW 312th St to 7th Ave SW) Point Scale 85th Percentile Speed Average Daily Traffic (ADT) Location School/Park Presence of Sidewalk 5-Year Collision History Total Injury Fatal 0 0 - 25 0 - 1,000 No Both Sides 1 - - 0.5 26 - 27 1.001-1.800 Yes Either Side 2 - - 1 28 - 29 1,801 — 2,600 Neither Side 3 1 - 1.5 30 - 31 2,601 — 3,400 - 4 - - 2 32 - 33 3,401 — 4.200 - - 5 2 1 2.5 34 - 35 4,201 — 5.000 - - 6 - - 3 36+ 5,001+ - 7+ 3+ 2+ Data 1 32.0 1.013 No Neither Side 0 1 0 1 0 Total S Score 1 2.0 0.5 0.0 1.0 0.0 1 0.0 1 0.0 3.5 Advisory Ballot In accordance with established NTS policies, City staff sent a total of 85 ballots to residential occupants within 600 feet (measured along the road centerline) of the proposed traffic calming device locations. The table below summarizes the complete ballot results for the 29 ballots received (35% return rate): 2023 Lake Grove NTS Ballot Results 81h Ave SW (SW 312th St to SW 316th St) Option Description Total Percent 1 Two (2) Speed Humps 23 79% 2 No Action Returned On -Time with No Response 29 Location #2: Nautilus '23 NTS — 11 w Pl S (S 293d St to S 296" PI) 21% Residents along 1 1 ' PI S submitted a request on June 14, 2023, requesting traffic calming devices to control vehicle speeds along 11 ' PI S between S 293" St and S 296`' Pl. 11 ' PI is classified as a Local Street with a posted speed limit of 25 mph. Traffic studies were conducted in June 2023, and the results are as follows: 2 January 19, 2024 Land Use and Transportation Committee 2023 NTS Projects (3 Project Locations) Pa e 3 85% Daily Park # of 5 yr. # of 5 yr. Total Street J�Speed Traffic or Sidewalk Collisions Injury/Fatal Score h School Collisions 11 th Pl (S 293rd St to S 295th Pl) 31.0 1,311 No No 0 0 (Minor Collector Street 25 mph) 1 lth Pl (S 295th Pl to S 296th Pl) 30.0 1,420 No No 0 0 - (Minor Collector Street 25m h) Points Scored 1.5 0.5 0.0 1.0 0 0 3.0 A neighborhood traffic safety meeting was held virtually via Zoom on October 26, 2023. The 2 resident attendees (1 live and 1 through comments submitted prior to meeting) generally agreed that reducing speeding along 11 `I' Pl S, as well as reducing other unsafe driving behavior at the intersection of 11' Pl S and S 296`h PI was a priority. The attendees also expressed safety concerns related to feeling unsafe walking along 11`' Pl S and crossing the street at various places. Although all options and traffic calming measures were considered, Speed Humps were the most popular option. Based on the current adopted NTS installation criteria (per table below), the location scored 3.0 total severity points. This meets the minimum 3.0 severity points to qualify for the installation of traffic calming devices. NUnor Collector Street NTS Criteria - 11th PI S (S 293rd St to S 296th PI) Point Scale 85th Percentile Speed Average Daily TrafSc (ADT) Location School/Park Presence of Sidewalk 5-Year Collision History Total Injury Fatal 0 0 - 25 0 - 1,000 No Both Sides 1 0.5 26 - 27 11001 — 1.800 Yes Either Side 2 - 1 28 - 29 1,801 — 2,600 - Neither Side 3 1 1.5 30 - 31 2,601 — 3.400 - - 4 - - 2 32 - 33 3.401 — 4.200 - 5 2 1 2.5 34 - 35 4,201 — 5,000 - - 6 3 36+ 5,001+ - 7+ 3+ 2+ Data 1 31.0 1 1,420 1 No Neither Side 0 0 0 Total Score Score 1 1.5 1 0.5 1 0.0 1.0 0.0 0.0 0.0 1 3.0 Advisory Ballot In accordance with established NTS policies, City staff sent a total of 54 ballots to residential occupants within 600 feet (measured along the road centerline) of the proposed traffic calming device locations. The table below summarizes the complete ballot results for the 19 ballots received (37% return rate): 2023 Nautilus NTS Ballot Results ll th PI S (S 293rd St to S 296th Pl) Option Description Total Percent 1 Two (2) Speed Humps 14 74% No Action Returned On -Time with No Response 19 26% January 19, 2024 Land Use and Transportation Committee 2023 NTS Projects Q Project Locations} Page 4 Location #3: Adelaide '23 NTS — Marine View Dr SW (SW 296' St to 12th Ave SW) Residents along Marine View Drive SW submitted a request on July 19, 2023, requesting traffic calming devices to control vehicle speeds along Marine View Dr SW between SW 296' St and 12`h Ave SW. Marine View Dr SW is classified as a Minor Collector Street with a posted speed limit of 25 mph. Traffic studies were conducted in June 2023, and the results are as follows: 85% Daily Park # of 5 yr. # of 5 yr. Total Street Speed Traffic or Sidewalk Collisions Injury/Fatal Score (mph) School Collisions Marine View Dr SW (SW 296th St to 121h Ave SW) 32.7 379 No No 0 0 - Minor Collector Street, 25 m h) Points Scored 2.0 0.0 0.0 1.0 0 0 3.0 A neighborhood traffic safety meeting was held virtually via Zoom on November 13, 2023. The 4 resident attendees generally agreed that reducing speeding along Marine View Dr SW was a priority. The attendees also expressed safety concerns related to feeling unsafe walking along Marine View Dr SW. Although all options and traffic calming tools were considered, Speed Humps were the most popular option. Based on the current adopted NTS installation criteria (per table below), the location scored 3.0 total severity points. This meets the minimum 3.0 severity points to qualify for the installation of traffic calming devices. Minor Collector Street NTS Criteria - Marine View Dr SW (SW 296th St to 12th Ave SW) Point Scale 85th Percentile Speed Average Daily Traffic (ADT) Location School/Park Presence of Sidewalk 5-Year Collision History Total Injury Fatal 0 0 - 25 0 - 1,000 No Both Sides 1 - 0.5 26 - 27 1,001 — 1,800 Yes Either Side 2 - - 1 28 - 29 1,801 — 2,600 - Neither Side 3 1 - 1.5 30 - 31 2,601— 3,400 - - 4 - - 2 32 - 33 3,401 — 4,200 - - 5 2 1 2.5 34 - 35 4,201 — 5,000 - - 6 - - 3 36+ 5,001+ - - 7+ 3+ 2+ Data 32.7 Score 2.0 Advisory Ballot 379 No 0.0 0.0 Neither Side 0 1.0 1 0.0 1 0.0 0 Total S 0.0 3.0 In accordance with established NTS policies, City staff sent a total of 30 ballots to residential occupants within 600 feet (measured along the road centerline) of the proposed traffic calming device locations. The table below summarizes the complete ballot results for the 17 ballots received (59% return rate): 2023 Adelaide NTS Ballot Results N January 19, 2024 Land Use and Transportation Committee 2023 NTS Projects Q Project Locations} Page 5 Marine View Dr SW (SW 296th St to 12th Ave SK) Option Description Total Percent 1 Two (2) Speed Humps 14 82% No Action Returned On -Time with No Response Proposal: 17 18% Based on all the previously mentioned facts and information, Option 1 (described below) was developed with the goal of encouraging drivers to slow down along the streets in the three (3) 2023 NTS project locations. With the anticipated reduction of vehicle speeds from the combination of the speed humps and police enforcement, the safety of the neighborhoods should be improved for motorists, cyclists, and pedestrians. Option 1— Install Traffic Calming Measures at Three (3) Project Locations This option would install a total of six (6) speed humps across three (3) different project locations as shown on the attached figure. The speed humps will be located near the following addresses or locations: Project Location #1: • 312168hAve SW • 31260 8`h Ave SW Project Location #2: • 29323 11 h PI S • 29516 11 ', PI S Project Location #3 • 29697 Marine View Dr SW • 29806 12' Ave SW The proposed devices, along with police enforcement, should have some effectiveness in reducing vehicle speeds, and improving vehicular and pedestrian safety. Option 2 — No Action This option would not install any traffic calming devices and the street would remain in its current condition. Staff Recommendation: Public Works staff recommend the selection of Option 1. cc: Project File Day File encl: Maps of Option 1 Maps of Option 1 Location #1: 8thAve SW (SW 312th St to SW 316th St) r4 DRAWING NOT TO SCALE 60 lit _w 1w y . .+. CV r . 1 thP� 0 S A'A tr ~ • iF�r if • r! Location #3: Marine View Dr SW (SW 296t" St to 12t" Ave SW) 0 7d COUNCIL MEETING DATE: February 20, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION — ACCEPTING TRANSPORTATION GRANTS AND AUTHORIZING THE EXECUTION OF THE ASSOCIATED LOCAL AGENCY AGREEMENTS POLICY QUESTION: Should Council approve the resolution accepting the awarded transportation grants and authorize the Mayor to execute the associated Local Agency Agreements? COMMITTEE: Land Use and Transportation MEETING DATE: February 5, 2024 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E. DEPT: Public Works Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve the proposed resolution. 2. Do not approve proposed resolution and provide direction to staff. MAYOR'S MAYOR APPROVAL: : Option 1. DIRECTOR APPROVAL: n4 Z,i\\'Un'I Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the February 20, 2024 consent agendafor approval. W\, - v x, N IA 1 k Dov tj mittee Chair Jac a[s , ommittee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I rno rproval of the proposed resolution. " (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 # I CITY OF FEDERAL WAY MEMORANDUM DATE: February 5, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: E.J. Walsh, P.E., Public Works Directo&yll-� Rick Perez, P.E., City Traffic Engineer SUBJECT: Resolution — Accepting Transportation Grants and Authorizing the Execution of the Associated Local Agency Agreements Financial Impacts: Safety Action Plan: The match for the Safety Action Plan is proposed to be from the Capital Improvement Fund (Fund 306), which is funded annually by a combination of dedicated funding sources including: $1.5 Million Real Estate Excise Tax (REET), $320,000 Motor Vehicle Excise Tax (MVET), and $300,000 (on average) Traffic Impact Fees (TIF). No operations and maintenance expenses would be incurred, as no projects would be constructed with this funding. BPA Trail Extension The match for this project is proposed to be funded from the Capital Improvement Fund (Fund 306). Operations and maintenance of this project is expected to be minimal and primarily consisting of additional electricity costs associated with added street lighting. Operations and maintenance costs will be considered as part of the future budgets once the construction is completed. S 3201h Street Preservation Match funding for the S 320`h St (1st Ave S to Pacific Hwy S) Preservation Project will be provided by an existing grant. City funds of $405,000.00 may need to be committed to meet the minimum 13.5% local match for Federal Grants. City match funding (if required) will be provided by a combination of Motor Vehicle Excise Tax (MVET) and Real Estate Excise Tax (REST). Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through street maintenance which is reviewed and adjusted during the budget process. 21 st Avenue S W Preservation Match funding for the 21 st Ave SW (SW 3201h St to SW 339th St) Preservation Project will be provided by a combination of Motor Vehicle Excise Tax (MVET) and Real Estate Excise Rev. 7/18 Tax (BEET)). Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through street maintenance which is reviewed and adjusted during the budget process. Rev. 7/18 Baclraound Information: The City has been awarded four transportation grants. Each will be described separately. Safely Action Plan: As part of the federal Bipartisan Infrastructure Law, the Safe Streets and Roads for All (SS4A) program was created. The first of two components of this program would be to develop a Safety Action Plan, which would identify potential safety projects and programs, while the second component would implement the projects identified in the first. The Safety Action Plan would be a more robust version of the Local Road Safety Plan that WSDOT now requires for eligibility for Highway Safety Improvement Program grant funding. The City applied for and was awarded a $400,000 grant from Federal Highway Administration through a joint application submitted by Puget Sound Regional Council (PSRC) to develop the Safety Action Plan. BPA Trail Extension PSRC initiated an Equity Pilot Program to encourage investment in mobility options serving historically underrepresented neighborhoods. The City submitted an application for the design of an extension of the BPA Trail from its existing terminus at 11 th Place S to Federal Way Transit Center. PSRC has awarded the City $567,491 for the design phase of this project. S 3201h Street Preservation WSDOT evaluated eligible National Highway System Routes against the 2025 NHS Asset Management Program scoring criteria and determined that S 320th St (1st Ave S to Pacific Hwy S) is awarded $1,500,000. 21st Avenue SW Preservation WSDOT evaluated eligible National Highway System Routes against the 2025 NHS Asset Management Program scoring criteria and determined that S 320th St (1st Ave S to Pacific Hwy S) is awarded $2,590,000. Summary The table below is a summary of the funding of these grants. Rev, 7/I8 Project (Funding Estimated I Possible Grant Estimated City Match Phase) Project Cost 1 Funds Grant Safety Action Plan Citywide (Planning) Safe Streets and Roads $500,000 $400,000 $100,000 For All — Planning & Demonstration Federal Funds City Center Access — BPA Trail Extension Phase 1 (Design) S 324`h —111h PI S to 23d Ave S; 23rd Ave S — S 324`h to S 320th PSRC — Countywide $800,000 $567,491 $232,509 Non -Motorized (Federal Funds S 320th St (1st Ave S to Pacific Hwy S) Preservation Project (Design and Construction NHS Asset $3,000,000 $1,500,000 $0 to $405,000* ($1,500,000 Management from previous PSRC grant Program 21st Ave SW (SW 3201h St to SW 339th St) Preservation Project (Design and Construction) NHS Asset $3,000,000 $2,590,000 $410,000 Management Program *Mav need the minimum non -Federal fund grant match of 13.5% which may reduce the total Federal Grant fund amount by the same amount. Rev. 7/18 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, authorizing the acceptance of grant funding and execution of Local Agency Agreements with the Washington State Department of Transportation for the following projects: Safety Action Plan; BPA Trail Extension; S 320th Street Preservation; and 21st Avenue SW Preservation. WHEREAS, the City of Federal Way applied for federal funds from Puget Sound Regional Council (PSRC) for the purpose of developing a Safety Action Plan for the City, and initiating design for the BPA Trail Extension between 1 lth Place S and Federal Way Transit Center; and WHEREAS, PSRC agreed to grant the City of Federal Way federal funds in the total amount of Four -Hundred Thousand and no/100 Dollars ($400,000.00) for the City of Federal Way Safety Action Plan; and Five -Hundred Sixty -Seven Thousand Four -Hundred Ninety -One and no/100 Dollars ($567,491.00) for the design of the BPA Trail — City Center Extension, provided that the City Council authorizes the Mayor to enter into the required Local Agency Agreements; and WHEREAS, City of Federal Way applied for federal funds from the Washington State Department of Transportation (WSDOT) for the purpose of completing a pavement preservation project on SW 320th Street between 1st Ave S and Pacific Highway S, and on 21st Avenue SW between SW 320th Street and SW 339th Street; and WHEREAS, WSDOT agreed to grant the City of Federal Way federal funds in the total amount of One Million Five Hundred Thousand and no/100 Dollars ($1,500,000.00) for S 320th Street Preservation Project, and Two -Million, Five -Hundred Ninety Thousand and no/100 Dollars ($2,590,000) for the 21st Avenue SW Preservation Project, provided that the City Council authorizes the Mayor to enter into the required Local Agency Agreements. Resolution No. 24- Page I of 4 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to accept the federal funds in the amount of Four -Hundred Thousand and no/l00 Dollars ($400,000.00) for the Safety Action Plan; Five -Hundred Sixty -Seven Thousand Four -Hundred Ninety -One and no/100 Dollars ($567,491.00) for the BPA Trail — City Center Extension; One -Million Five -Hundred Thousand and no/l00 Dollars ($1,500,000.00) for the S 320th Street (1 st Ave S to Pacific Highway S) Preservation; Two -Million Five -Hundred Ninety Thousand and no/100 Dollars ($2,590,000.00) for the 21st Avenue SW (SW 320th Street to SW 339th Street) Preservation. Section 2. Execution of the Local A eg_ncy Agreements. The Mayor or his designee is hereby authorized to execute Local Agency Agreements regarding the Safety Action Plan: BPA Trail Extension; S 320th Street (1 st Ave S to Pacific Highway S) Preservation; and 21 st Avenue SW (SW 320th Street to SW 339th Street) Preservation. Section 3. Matching Funds. Pursuant to the terms of the Local Agency Agreements, the City commits matching funds of up to One -Hundred Thousand and no/100 Dollars ($100,000.00) for the Safety Action Plan; Two -Hundred Thirty -Two Thousand Five -Hundred Nine and no/100 Dollars ($232,509.00) for the BPA Trail — City Center Extension design; One -Million Five -Hundred Thousand and no/100 Dollars ($1,500,000.00) for the S 320th Street (1st Ave S to Pacific Highway S) Preservation; and Four -Hundred Ten Thousand and no/100 Dollars ($410,000.00) for the 21st Avenue SW (SW 320th Street to S 339th Street) Preservation. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be Resolution No. 24- Page 2 of 4 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 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. 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 _ 2024. [signature page to follow] Resolution No. 24- Page 3 of 4 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. 24- Page 4 of 4 _- -- - 7e COUNCIL MEETING DATE: February 20, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ON -CALL CONTRACT FOR ASBESTOS ABATEMENT- APPROVAL TO AWARD POLICY QUESTION: Should the Council authorize the award of the On -Call Contract for Asbestos Abatement to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation MEETING DATE: February 5, 2024 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desiree S. Winkler, P.E., Deputx Director DEPT: Public Works Attachments: 1. Staff Report 2. Quote Tabulation Options Considered: 1. Approve the award of the On -Call Contract for Asbestos Abatement to Kanway Abatement and Demolition, LLC., the lowest responsive, responsible bidder, in the amount not to exceed $350,000.00 and authorize the Mayor to execute the contract. 2. Do not approve the award of the On -Call Contract for Asbestos Abatement and provide direction to staff. MAYOR'S RECOMMENDATION, Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL'v Z11kimK Initial/Date COMMITTEE RECOMMENDATION: I move to forward the Option I to the February 20, 2024 consent agenda for �Vo-v / NJa Chair //ktalsh, Co mittee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval to award the On -Call Contract for Asbestos Abatement to Kanway Abatement and Demolition, LLC in an amount not to exceed $350, 000.00, and authorize the Mayor to execute said 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: February 5, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director k-, Desiree Winkler, P.E., Public Works Deputy Director SUBJECT: Asbestos Abatement On -Call Contract- Authorization to Award Financial Impacts: The cost to the City for Asbestos Abatement On -Call Contract was included within the approved budget under the Public Works Department Capital Budget (Fund 306), Project #610. In accordance with the approved budget, this item is funded by bond proceeds, with payback funds from a combination of Real Estate Excise Tax (REET), Surface Water Management (SWM) fees, and General Fund Revenue. The complete bond package will be presented to City Council at a future date with separate authorization. Upon completion of the Joint Operation and Maintenance Facility future costs will be ongoing operation and maintenance costs associated and are estimated to be consistent with the current costs of several existing facilities. Backp_round Information: As the city continues to acquire property for the expansion and development of the new Joint Use Operations and Maintenance Facility, the city must abate and demolish existing structures on the acquired properties. Prior to demolition, existing Single -Family structures must be inspected for asbestos containing materials by an AHERA-certified building inspector. All asbestos -containing materials identified in the AHERA- (Asbestos Hazardous Emergency Response Act) survey must be removed from the structure by a certified asbestos contractor. An AHERA survey performed on January 3, 2024 positively identified asbestos containing materials in the following properties located at: 31004 28th Ave S, 31014 28th Ave S and 31016 28th Ave S. The asbestos containing materials identified at these properties must be properly abated prior to demolition. The remaining properties under acquisition will require an AHERA survey and abatement if asbestos containing materials are identified. In order to expedite site preparation and the demolition, Public Works staff requested Rev. 7/l8 quotes for Asbestos Abatement from Municipal Research and Services Center (MRSC) Small Works Roster contractors. To date, staff have received two responsive Asbestos Abatement Quotes for the properties located at: 31004 281h Ave S, 31014 281h Ave S and 31016 28th Ave S. Kanway Abatement and Demolition, LLC, a certified asbestos abatement contractor, provided the lowest responsive quote. Public Works is requesting approval to award an On -Call Contract for Asbestos Abatement to include all additional properties under the O&M Facility expansion as required. In addition, this on -call agreement can be utilized to support other abatement work throughout the city as allowed through budget authority. Expenditures Budget First three O&M Properties plus —10% contingency $ 54,000.00 Estimated Eight (8) Additional O&M Properties $ 200,000.00 Other ci properties $ 50,000.00 TOTAL $ 304,000.00 O&M Facility — Capital Project 610 $ 300,000.00 Misc. Facility Budget $ 50,000.00 TOTAL $ 350,000.00 Rev 7/l8 O&M Property Acquisition Asbestos Abatement & Removal Quotes January, 2024. Northwest American RSG Abatement Kanway LLC Abatement Abatement and & Demolition Services Demo Corp. Unit Location 31004 28th Ave S (Wooley) LS $9,500.00 $20,750.00 Asbestos Abatement & Removal 31014 28th Ave S (Calvo) LS $20,600.00 $25,500.00 Non -Responsive Non -Responsive Asbestos Abatement & Removal 31016 28th Ave S (Falvic) LS $14,400.00 $13,150.00 Asbestos Abatement & Removal Sub -Total $44,500.00 $59,400.00 N/A N/A Sales Tax $4,494.50 $5,999.40 N/A N/A Est. Total $65,399.40 N/A N/A 7f COUNCIL MEETING DATE: February 20, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JOINT USE OPERATIONS AND MAINTENANCE FACILITY — 30% DESIGN REPORT POLICY QUESTION: Should City Council authorize staff to proceed with design of the Joint Operations and Maintenance Facility and return to Land Use and Transportation Committee and Council at the 85% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation MEETING DATE: February 5, 2024 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desiree S. Winkler, P.E., Deputy Director DEPT: Public Works Attachments: 1. Staff Memo to LUTC dated February 5, 2024. Options Considered: 1. Authorize staff to proceed with the design of the Joint Use Operations and Maintenance Facility and return to the LUTC and Council at 85% design completion for further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMEND TTON: Option 1. MAYOR APPROVAL: a % DIRECTOR APPROVAL: ?— 'ZVL'k 'Co mii Council hiit�alr�aic initial ace [aitialM'. COMMITTEE RECOMMENDATION: I move to forward the Option I to the February 20, 2024 consent agenda for approval. PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the Joint Operations and Maintenance Facility and return to LUTC and Council at 85% design completion for further reports and authorization. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading . ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 5, 2024 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Directors/ Desire6 S. Winkler, P.E., Deputy Public Works Director SUBJECT: Joint Use Operations and Maintenance Facility— 30% Design Report Financial Impacts: The cost to the City for the Joint Operations and Maintenance Facility was included within the approved budget under the Public Works Department Capital Budget (Fund 306), Project #610. In accordance with the approved budget, this item is funded by bond proceeds, with payback funds from a combination of Real Estate Excise Tax (BEET), Surface Water Management (SWM) fees, and General Fund Revenue. The complete bond package will be presented to City Council at a future date with separate authorization. Upon completion of the Joint Operation and Maintenance Facility future costs will be ongoing operation and maintenance costs associated and are estimated to be consistent with the current costs of several existing facilities. The cost for the frontage improvements (roadway and sidewalk improvements along the front of the O&M Facility) are currently not included in the adopted 2023-2024 budget. However, the 6-Year Transportation Improvement Program (TIP) identifies construction of these improvements in 2024 and 2025 for a total budgeted project value of $1,020,000 and was anticipated to be funded by unallocated Transportation (Fund 306) and Surface Water Management (Fund 304) funds. As part of the 85% design report and authorization to bid an Engineer's Estimate will be prepared and included. Background Information: In March 2023, council selected the preferred site for the new Joint Operations and Maintenance Facility (O&M Facility), "Site 1: Existing O&M Site — Expand to the North," and authorized staff to move forward with the associated property acquisition and design. Council directed staff to include fleet and fueling in the project as it was identified to "pay for itself' through savings on overhead. Rev. 7/18 Progress to Date: • Completed 30% Onsite Design ■ Completed 30% Frontage Design • Property Acquisition (70% complete) • Land Use Permit Submittal Next Steps: ■ Complete permitting (Land Use, SEPA, and Building) (May 2024) • Complete property acquisition (March/April 2024) ■ Progress to 85% Onsite Design (March 2024) ■ Progress to 85% Frontage Design (March 2024) • Complete bid documents for both onsite and frontage (May 2024) • Bond package developed and brought to council (April/May 2024) • Advertise and Award both onsite and frontage (May/June 2024) Onsite Budget Base Program (Construction, Professional Services, Permitting, FF&E) $ 34,000,000 Fleet & Fueling (Construction, Professional Services, Permitting, FF&E) $ 5,000,000 SWAT Vehicle Storage $ 350,000 Property Acquisition $ 8,000,000 TOTAL $ 47,350,000 Fixtures, Furniture, Equipment (FF&E) 30% Onsite Estimate Base Program (Construction, Professional Services, Permitting, FF&E) $ 36,787,020 Fleet & Fueling (Construction, Professional Services, Permitting, FF&E) $ 6,363,507 SWAT Vehicle Storage $ 474,893 Property Acquisition $ 8,000,000 TOTAL $ 51,627,419 Notes. • Construction contingency at 15% _ $4,418,712. • Design & Professional Fees at 15% _ $4,418,712. • Permits & Utility Fees at 4% _ $1,178,323. ■ FF&E at 4% _ $1,178,323. Difference $ 4,277,419 Rev. 7/ ] 8 Fronta e�Desgn Frontage improvements are required as a condition and part of Land Development for all projects under City Code. The City had previously included 281h Ave S: S 3121h St — S 308t" St (Identified as project #45 in the current TIP) to correspond with the frontage improvements. The frontage improvements include building the eastern half of 28t" Ave to the ultimate cross section, including road widening, curb, sidewalk, and addition of street trees and street lighting. Additionally, 308" Lane is currently a private `Tract X' street under common ownership of the lot owners on the cul-de-sac. As part of the project we will need to improve the street to meet City standards, including repaving and adding a walking path on one side. Rev. 7/18 COUNCIL MEETING DATE: February 5, 2024 ITEM #: 7g_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SELECTION PROCESS: 2024 ANNUAL COMPREHENSIVE PLAN AMENDMENTS POLICY QUESTION: Should the proposed comprehensive plan amendments be placed on the docket for further review by staff and consideration by the Planning Commission? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 5, 2024 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: EVAN LEWIS AND NATALIE KAMIENIECKI DEPT: Community Development Attachments: 1. Staff Memo and Exhibits Options Considered: 1. Recommend both proposed amendments for placement on the final docket for evaluation by staff and consideration by the Planning Commission. 2. Recommend only one of the proposed amendments for placement on the final docket for evaluation by staff and consideration by the Planning Commission. [requires Committee to identify which of the proposed amendments to move forward] 3. Recommend neither of the proposed Amendments be placed on the final docket. MAYOR'S RECOMMENDATION: Option 1 10 11 MAYOR APPROVAL: 1 i"&-.24DIRFCTORAPPROVAL: o ,Z4 Co Izee f InitiaVDate Initial/Date InitiaVDate COMMITTEE RECOMMENDATION: Move to forward the proposed 2024 Annual Comprehensive Plan Amendments to the February 20, 2024 consent agenda for placement on the final docket for evaluation by staff and c idera ' the Planning Commi�Pl. 7a 91v� y, C❑ 'ttee hair ac dish, ❑ itt Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I &ve to forward the proposed 2024 Annual Comprehensive Plan Amendments to the February 20, 2024 consent agenda for placement on the final docket for evaluation by staff and consideration by the Planning Commission. " (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 # 41k CITY OF Federal Way CITY OF FEDERAL WAY MEMORANDUM DATE: January 25, 2024 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Evan Lewis, Senior Planner; and Natalie Kamieniecki, Associate Planner SUBJECT: Docket selection process: 2024 Annual Comprehensive Plan Amendments 1. FINANCIAL IMPACT There are no anticipated financial impacts from selecting these comprehensive plan amendments to the annual docket. 2. BACKGROUND INFORMATION In addition to the major, periodic comprehensive plan update that is required by law every 10 years, the City of Federal Way has adopted an annual amendment process [FWRC l 9.80.050(2) and (3)]. Having an annual process allows the City to amend its comprehensive plan quickly to respond to major changes in circumstances and stay relevant to local needs. Under RCW 36.70A.130(2), cities and counties may consider proposed amendments no more frequently than once per year, with some exceptions. Proposed Comprehensive Plan amendments fall into two general categories: (1) City -initiated amendments; and (2) amendments proposed by the public. Proposed Comprehensive Plan amendments submitted by the public are called docketed proposals. In order for a docketed proposal to be reviewed and analyzed by staff and the Planning Commission, the proposal must first be selected for review. Amendments requested by the public that are not selected for review are removed from the consideration process, and will not come before Council for a final decision. The two amendments for docketing consideration and further city review are both initiated by the public and titled: 1. Commons at Federal Way Comprehensive Plan Amendment 2. Flowers Property Comprehensive Plan Amendment Both amendments are summarized further below. The only item for consideration at this time is whether to forward these amendments to the full City Council for docketing and further City review. After further City review and analysis of the selected docketed proposal(s), if any, the selected docketed proposals will come back before the Planning Commission, LUTC, and the City Council for consideration and ultimate approval or denial. Rather than adopting changes on a piecemeal basis, proposed amendments to the Comprehensive Plan, whether public or private, must be considered "concurrently so the cumulative effect of the various proposals can be ascertained." The proposed 2024 annual Comprehensive Plan amendments are summarized as follows: Commons at Federal Way File Number: Parcel Number: Address: Location: Size: Applicant: Owner: Existing Land Use: Existing Comp Plan: Existing Zoning: Proposed Comp Plan: Proposed Zoning: 23-104869-UP 762240-0010, -0111, -0012, -0013, -0014, -0016, -0017, -0018, -0019, - 0020, -0021 1701 and 2001 S 320' St., and 2201 S Commons Site bounded by Pacific Hwy S to the west, S 3201 St to the north, 23' Ave S to the east, and S 324' St. to the south 61-acres (appx) James Gwilliam, Merlone Geier Partners MGP XI Commons FW, LLC Retail, restaurants, office, and vacant City Center Core City Center Core (CC-C) City Center Core (no change proposed) CC-C (no change proposed) The applicant proposes to amend maps and text in the City Center and Transportation Chapters of Federal Way's Comprehensive Plan pertaining to the Commons Mall site. The proposed amendment would modify the motorized and non -motorized public transportation network for the site on Comprehensive Plan maps, depictions of bike and pedestrian connections associated with that planned network, and provide text amendments consistent with those comprehensive plan map depictions for the site. The proposed amendment is for the purpose of allowing a private local street network on the site that may be part of a future redevelopment proposal. Zoning Land Use North City Center Core (CC-C) S. 320 St with retail, restaurant and vacant uses beyond South Community Business (BC) and Residential S 324 St. with office, medical/dental, Multifamily 3600 (RM-3600) retail, public utility, and mobile home ark uses beyond East City Center Core (CC-C) 23`d Ave S with retail and vacant ro erties be and West City Center Frame (CC-F) Pacific Hwy S with office, retail and restaurant uses beyond Flowers Property File Number: Parcel No.: Applicant / Owner Address: Location: Parcel Size: Existing Land Use: Existing Comp Plan Existing Zoning: Proposed Comp Plan: Proposed Zoning: 23-104820-UP VI 082104-9139 Teshia Flowers 30819 14t' Avenue S South west corner of the intersection of S 308'h Street and 14' Ave S. 0.93 acres (40,453 sq. ft.) Office building (future daycare use) Multi -family residential (RM 1800) RM 1800 (one dwelling unit per 1,800 square feet) Professional Office (PO) Professional Office (PO) 2 The property owner, Teshia Flowers, is requesting a comprehensive plan amendment and rezone from the current designation of Multi -family (RM 1800) to Professional Office (PO). The proposed future use of the building is for day care facility. The current RM 1800 zone restricts the number of attendees to 50. The PO zone does not have a restriction on the number of day care attendees (Exhibit 2A). The Flowers Property, parcel number 082104-9139, is located at the south west intersection of S 308' ST and 14t' Ave S, both classified as minor collector roadways. The site is immediately adjacent to Easter Lake Condominiums to the West and Dentistry office to the south. Parcels to the east, across 14t' Ave S, are developed with multi -family development including townhouses and apartment buildings. The parcel is located in a critical aquifer recharge ten-year capture zone per FWRC 19.145, Article V Critical Aquifer Recharge Areas. A ten-year capture zone represents the time it takes infiltration within the land area overlaying the 10-year capture zone to travel to any public water source well owned by Lakehaven Water and Sewer District, excluding the land area contained in the six-month, one-year, and five-year capture zones. At the time of development, the proponent must fill out A Hazardous Materials Statement. Lake Easter is located west of the Flowers property on the adjacent Easter Lake Estates property. Easter Lake has a standard buffer of 25-feet per FWRC 19.145.350 (2). Multi -family residential buildings and 13' PL S improvements are located in between the Flowers Property line and Easter Lake. T: The Flowers property is not within the standard buffer of Easter Lake. A small wetland is mapped on the west side of Easter Lake approximately 500 feet from the Flowers property. Surroundin Zone Desi ation and Land Use: Zoning Land Use North Community Business (BC) Federal Way High School South Professional Office (PO) Medical Office East Multi -Family (RM1800) Bellridge Townhouses Condominium West Multi -Family (RM1800) Lake Easter Estates Condominium Selection Criteria: Commons at Federal Way Criterion #1—nether the same area or issue was studied during the last amendment process and conditions have significantly changed so as to make the requested change within the public interest. Response — The same area or issue was not studied during the last annual Comprehensive Plan amendment cycle. As a large site that generates substantial economic activity, the site was factored into the last comprehensive plan periodic update, such as employment estimates for transportation demand modeling, and it is mentioned several times in the comprehensive plan, however this specific issue raised by the applicant was not studied. The applicant's proposal is for the purpose of facilitating a specific future concept for the Commons site that was not before the City for review during the last comprehensive plan periodic update. A proposal that potentially accommodates a wider range of redevelopment possibilities on the site is consistent with the comprehensive plan. Amended maps that attempt to break up the super block of the Commons site provide a more walkable and bikeable street grid envisioned in the Transportation chapter. A comprehensive plan amendment that furthers forms of development envisioned in the current comprehensive plan is in the public interest. Criterion #2 —Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Response — The Commons is part of Downtown, as delineated by the City Council in 2023. The Commons proposed amendment is consistent with the overall vision of the Comprehensive Plan. Two of the eight core characteristics of the vision are Vibrant and Diverse Growth and Economic Vitality. This amendment, if approved, would allow for increased flexibility to redevelop the site and thus facilitate more redevelopment possibilities in the City Center; an area Federal Way's Comprehensive Plan envisions for a greater amount and diversity of growth. Criterion #3 —Whether the proposed amendment is consistent with the planning goals of the Growth Management Act, RCW 36.70A.020. Response — The Commons proposed amendment is consistent with the planning goals of the Growth Management Act (GMA), in particular, but not limited to, the following: ■ Goal 1 — Urban growth: The amendment could potentially help accommodate more forms of development and redevelopment in City Center; an area where adequate public facilities and services can be provided and thus where urban growth is most appropriate under the GMA. ■ Goal 4 Housing and Goal 5 Economic Development: This amendment could potentially increase flexibility to accommodate more forms of development on the site and thus facilitate a greater amount and diversity of jobs and housing in the City Center; an area Federal Way's Comprehensive Plan envisions for more and a greater diversity of growth. Criterion #4 —In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group. Response —This is a text and map amendment, however it does not propose to amend Comprehensive Plan goals and policies. The amendment is consistent with the City's Comprehensive Plan Vision, and may facilitate and accommodate more forms of development in City Center; an area Federal Way's Comprehensive Plan envisions for more and a greater diversity of growth. A comprehensive plan amendment that furthers forms of development envisioned in the current comprehensive plan is to the benefit of the city as a whole, not just a selected group. Per FWRC 19.80.080(3), if the request meets the criteria set forth above, it shall be further evaluated according to the following criteria: Criterion #5 —Whether the proposed amendment can be incorporated into planned or active projects. Response — The Commons property is a large site that the 2015 Comprehensive Plan notes as the "signature " development in the City Center area and a regional destination that generates "great amounts of physical and economic activity. " As such, there are frequently active projects near or affected by the site; the more significant of which, at the present time, are a redevelopment Plan for the Town Center-3 (TC3) site a quarter mile to the north and other planning for and around a nearby Sound Transit light rail station expected to open in 2026. The City is also in the midst of its once per decade Comprehensive Plan Periodic Update that will be adopted by the end of 2024, and several growth assumptions have already been made 4 for the Commons Site, and City Center in general, and are being factored in the current periodic update. The applicant has provided a qualitative analysis of likely transportation -related effects of this amendment. This analysis is sufficient for meeting this docketing criteria, however a more detailed qualitative and quantitative analysis of the effects of the applicant's proposal will be needed after docketing, as well as further consideration of the consistency of this proposal with the periodic update. Any further studies and analysis will be the responsibility of the applicant. Criterion #6 —Whether the proposal can be reasonably reviewed as part of the annual amendment process and the city has staffing resources available to accomplish such review. Response — The Commons proposed amendment can be reasonably reviewed as part of the annual amendment process with currently budgeted positions; special studies may be completed by the applicant but can be provided should the Council determine to docket this proposed amendment. Criterion #7 — Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Response — The Commons proposed amendment is one of only two annual amendment requests received in this cycle. This is not a large volume and there are staffing resources available to evaluate this request; this criterion is met. Criterion #8 — Order of requests received. Response — The requests were received in the following order: 1. Flowers Property 2. Commons at Federal Way Flowers Property Criterion #1—nether the same area or issue was studied during the last amendment process and conditions have significantly changed so as to make the requested change within the public interest. Response to Criterion #1 — This request was not studied during the last amendment process. Criterion #2 — Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. 5 Response to Criterion #2 — The Flowers property was previously zoned Professional Office (PO). In 2013, a Comprehensive Plan Amendment and rezone of the property was granted under Ordinance No. 13.745 to change the designation to Residential Multi -Family (RM1800). Since the adoption of the comprehensive plan and rezone to multi -family the city has not received proposals for multi -family development. The Comprehensive plan and rezone of the subject property created a non -conforming development and use and the existing building continued to be utilized primarily for office uses. The current proposal to amend the comprehensive plan and rezone the property back to PO would eliminate the non -conforming use element of the property. The existing office building development is consistent with the City of Federal Way Comprehensive Plan overall vision for commercial areas and PO designation. The Professional Office designation is intended to allow for small-scale office development compatible with adjacent residential neighborhoods. by the compatibility between non-residential developments and residential zones. The exiting building is consistent with regulations pertaining to height, scale, setbacks, and buffers (FWCP LUP 29). Criterion #3 —Whether the proposed amendment is consistent with the planning goals of the Growth Management Act, RCW 36.70A.020. Response to Criterion #3 — The requested amendment would not be in conflict with local or state laws. Subsequent use and development of the parcel would be incompliance with local and state regulations, including and not limited to the FWRC and State Environmental Policy Act (SEPA). Criterion #4 — In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group. Response to Criterion #4 — The proposed Comprehensive Plan and Rezone requested for the Flowers property does not include text amendments. Criterion #5 —Whether the proposed amendment can be incorporated into planned or active projects. Response to Criterion #5 — Staff has the capacity to review the proposal and is supported by application fees. Criterion #6 —Whether the proposal can be reasonably reviewed as part of the annual amendment process and the city has staffing resources available to accomplish such review. Response to Criterion #6 — The request does not require a large-scale study. Criterion #7 — Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Response to Criterion #7 — The submitted amendment can be accommodated in the normal review process. Criterion #8 — Order of requests received. Response to Criterion #4 — The requests were received in the following order: 1. Flowers Property 2. Commons at Federal Way 0 Public Comments: One written comment was received on the Commons at Federal Way amendment on 1/16/24 and it is attached as Exhibit lc. That same commenter also gave a verbal public comment at the 1/17/24 Planning Commission meeting; that verbal comment clarified that the commenter is supportive of the proposal for this docketing stage. Planning Commission recommendation: The Planning Commission met on January 17, 2024 to consider the proposed 2024 annual Comprehensive Plan Amendments submitted by the public. The Planning Commission recommended that both requested amendments be selected to the annual docket for further consideration. The vote was unanimous. Planning Commission Recommendation: The Mayor recommends all proposed amendments for placement on the final docket for evaluation by Staff and consideration by the Planning Commission. List of Exhibits: Commons at Federal Wav Exhibit la Applicant's Overview of Proposed Comprehensive Plan Amendment Exhibit lb Applicant's Qualitative Transportation Analysis Memorandum Exhibit lc Public comment received 1/16/24 Flowers Property Exhibit 2a Applicant Project Narrative Exhibit 2b Aerial Map of Site -Specific Request — Flowers Property Exhibit 2c Map of Site -Specific Request — Flowers Property 7 Exhibit 1 a MCCULLQUGH HILL PLLc Overview of Pronosed Comprehensive Plan Amendment Reauests. MGP XI Commons FW, LLC ("Merlone Geier") owns the Commons at Federal Way located in the City Center ("Property" or "Commons Property"). Merlone Geier is pursuing entitlements for phased redevelopment of the Commons into a mixed -use urban village that furthers the City Center vision (the "Project"). To align the Comprehensive Plan with the proposed Project, Merlone Geier requests amendments to the City Center and Transportation Chapters of the Comprehensive Plan addressing planned streets and potential pedestrian crossings on and adjacent to the Commons. Broadly, Merlone Geier proposes to update the identified land use and transportation maps (Chapter 3 and 7) to allow for a private local street network on the Property. All maps and references to the Commons Property should include the note that, "The street and pedestrian/bike network on the Commons Property will be set through a City -approved development agreement, and as needed, Washington Department of Transportation ("WSDOT") approval for certain components." Merlone Geier's conceptual network — as proposed in this amendment — will advance the City Center vision while also being flexible to respond to potential modifications to facilitate redevelopment of the Commons without needing more Comprehensive Plan amendments. A general conceptual plan for a private street network associated with the Project is provided below. Exact locations and road sections for streets and crossings would be further reviewed and defined with the City -approved development agreement and future site development permits. Because the current Comprehensive Plan states "Local Streets" are reviewed at a project -specific level, the proposed private streets network with the Project will be treated as "Local Streets" for project permitting purposes. Legend Planned Streets Planned Intersection (Local Streets) .Improvement ■Potential Pedestrian Planned Bicycle Route Crossings 701 Fifth Avenue • Suite 6600 • Seattle, Washington 98104 • 206,812.3388 • Fax 206.812.3389 • www.mhseattle.com January 17, 2024 Page 2 Each requested amendment to maps and text in Chapters 3 and 7 of the Comprehensive Plan are identified and described in detail in the following sections. The last section of this application addresses the amendments consistency with the Federal Way Revised Code ("FWRC") criteria. Reason for Amendments: Commons at Federal Way Redevelopment. The reason for the proposed amendments is to better align the Comprehensive Plan with future plans for the Commons Property. Merlone Geier proposes phased redevelopment to create a mixed - use urban village including approximately 370,000 s.f. of retail and 1,300 residential units ("Project") at full build out. The conceptual site plan for redevelopment is below. Site 'real - as� EXISTING RETAIL PROPOSED RETAIL RESIDENTIAL UNITS RESIDENTIAL LOBBY/AMENITY The Project furthers the City's vision for increased density and housing in the City Center. The current Comprehensive Plan contains multiple goals and policies for the City Center with maps and January 17, 2024 Page 3 related references that assume the existing mall would remain as -is, and would require amending in order to redevelop the Commons Property to a mixed -use retail and residential community more aligned with the City Center vision. Please see requested detailed descriptions of proposed amendments to Chapters 3 and 7 in subsequent sections. Chapter 3 Transportation Proposed Amendments. Chapter 3 contains maps and text designating new streets on the property as Minor Collectors and Q Cross Sections (See Maps III-3 and III-4). These designations as currently defined would require two to three lanes, up to 70 feet in width accommodating up to 5,000 daily traffic trips. See Table III-1, and Appendix III -A, pg. 10. Streets of this magnitude would not be appropriate for most of the future street grid contemplated on the Commons Property, where we seek to create a pedestrian - friendly environment balanced with adequate multimodal transportation infrastructure in keeping with the goals of the City Center. Additionally, the streets on the Commons Property are to remain private roads. The private street network primarily serves as connections within the parking lot to the retail and multifamily, but not through streets. A future City -approved development agreement for the redevelopment of the Property would also provide for landscaping and pedestrian infrastructure. Merlone Geier currently contemplates a north -south connection from 320'h to 324`' as part of the proposed Project, that would have similar functionality to a "Minor Collector" to accommodate through -traffic, however, it would remain as a private road in the Project with a unique street cross-section specific to the needs of the future project. A conceptual cross-section for this north -south connection is below: This amendment request proposes that all streets on the Commons be designated Local Streets with cross -sections and design standards to be defined within a future development agreement and site development permitting processes. In general, the current Comprehensive Plan identifies a Minor Arterial circling the existing mall; this implies a public street running through the parking lot and would not be appropriate given the intent and goals associated with a future redevelopment. Specific amendments for the proposed change to Local Streets are provided below. January 17, 2024 Page 4 Chapter 3 Transportatioa Proposed Amendments. Requested updates to Chapter 3 to align with the proposed Commons Project are itemized in the below table. Existing 2015 Maps Proposed Amendments Map III-3: Functional Classification of Remove the Minor Collector street from the Existing and Planned Streets and Highways Property in Map III-3. The new streets on the Commons Property would be private streets once redeveloped. The private street grid would be classified as "Local Streets" U governed by the standards established in a F Legend P @Rjcm,u,,,;m City -approved development agreement, not a ee°" Axes sI otream end 111ohParma nigiweye Minor Collector as currentlyshown. In ' e qwy a.� Nrir Papel Arterial Miw Arty l N rir Pcpel Cd &" ' . N L°r edledef Per the current Transportation element, local street networks are established through development review (see page III-18). This allows for the local streets to be defined in a way that supports the planned development and can respond to access and circualtion needs for the development. The Minor Collector configuration on Map III-3 should be removed from the Commons Property. All maps associated with the Commons Property should include a footnote reading: "The final version of the street and pedestrian/bike network on the Commons will be set through a City -approved development agreement, and as needed, Washington Department of Transportation ("WSDOT") approval for certain components." January 17, 2024 Page 5 Map III-4: Cross Section Application by Remove the Q Street Section designation on Street the Commons Property from Map III-4. As previously described, the future street grid L"-d on the Property should be similar to Local Pla^^wd Sbvo Sectiom Streets planned through the development /S/ A K agreement. Accordingly, the Q Street \f B ^/ t Section designation on the Commons /V U ~ a Property should be removed from Map III- �� E '�/ P 4. Add above referenced footnote. j Iti/ H+% R J 43VI T Map III-7: Existing and Planned Traffic Map III-7 should be updated to include a Signals possible planned traffic signal (or round about) at 324`h Street subject to future project -level review. Add above referenced footnote. Proposed amendments to Chapter 7 are detailed in the following section. Chanter 7 City Center Proposed Amendments. The below table outlines existing maps and policies alongside proposed amendments to align with the current Project vision and further existing Comprehensive Plan goals for City Center. Existing 2015 Maps Proposed Amendments Map VII-7: Concept Plan January 17, 2024 Page 6 32M rr s Legend ttY Extsting Bicycle Route Planner Bicycle Route r PotenhaI Peeeslnan Crossings N Enhanced Streel Network �.. transit strew _AL q CO PashS City Center Core aty Center Frame Map VII-8: Street Network -- 1 - q•-•••__-+r+++--- -- - - - - ---- --r l j TI connonsat FBEam Wry j I S t r ... � ��_�__- Lap+nd • Plawn Inlersed,on Improvement Ctly Center Core • Completed InterseMn Impovemenl City Center Frame ^+ Existing Sheets o Parks Proposed SI—Is ^� Planned Street Improvements d Qry Center Element This map assumes the existing Commons building will remain while running a Minor Collector Class Q through the parking lot. An updated grid is described at right. In the red cross -hatch area above on SR- 99/Pacific Highway South show a potential pedestrian crossing. It should be reflected on Map VII-7 as a conceptual zone where a future crossing could be located. Add above referenced footnote. Map VII-8 should be updated to show the above conceptual plan for private local January 17, 2024 Page 7 streets network. Add above referenced footnote. Map VII-9: Potential Location of Public Spaces and Pedestrian Connections �sxih a i p me cgmnom etF�I�Y s � Legend' Embirxg Bicycle Route Existing Streets Planned Bicycle Route CSParks N Existing Slreets - City Center Core "a °On ■ % . w ~ ° °h,, " N Planned Slreek City Center Frame r Pplentul Pedestrian Crossings Potential Public Spare Loolbmti ■ �•-••��`'•.'- °�^ °n a.x.o nwo- Ott, CeWei Element Map VII-9 should be updated with above red cross -hatch area on SR-99/Pacific Highway South to show the general location of a future potential pedestrian crossing. It should be reflected as a conceptual zone where a future crossing could be located. Add above referenced footnote. Existing Text Proposed Amendment Figure VII-2 depicting a highrise building in Consider replacing the highrise building CC-C, pg.VII-12. image with one reflecting 5-8 story midrise, mixed -use development which is a better reflection of the density that can be economically supported in the City Center. Circulation section, describing Roadways, This section should add the following January 17, 2024 Page 8 pg. VII-8. sentence: "Local Streets are also needed to break down existing super blocks to increase circulation and pedestrian connectivity." This section currently states in part: `An-r insufficient hierarchy of streets feed these arterial roadways. The area lacks a system of minor arterial and smaller collector streets that could diffuse traffic efficiently away from these two principal arterials." Automobile Circulation, pg. VII-14 "Automobiles are likely to continue as a dominant mode of transportation. A comprehensive network of collector arterials and other streets including Local Streets must be developed to distribute this traffic and create more driving choices." Pedestrian/ Bicycle Connections, pg. VII-15 "In addition to adding public sidewalks and creating mid -block pathways, Map VII-9 depicts seven principal pedestrian connections to improve pedestrian circulation." Streetscape, pg. VII-18 "The Transportation chapter illustrates several street standards developed specifically for the City Center area. These streets, including project -specific Local Streets, will connect to other proposed and existing streets to complete a street grid. These standards also incorporate the City Center Street Design Guidelines adopted by the City Council in May 1998." Consistency with FWRC 19.80.080(2) - W. The proposed amendments are consistent with docketing criteria required by FWRC 19.80.080(2) — (3). Each is addressed below. 1* January 17, 2024 Page 9 (2) The planning commission shall consider the following criteria in selecting the docketed proposals to be considered during the upcoming cycle: (a) Whether the same area or issue was studied during the last amendment process and conditions have significantly changed so as to make the requested change within the public interest. An�licant Rest oonnse: The proposed amendments have not been previously considered. The proposed amendments address a significant increased demand in housing coupled with a lack of new redevelopment in the City Center. Since the 2015 Comprehensive Plan, the City has updated its housing goals and developed the Housing Action Plan ("HAP"), which identifies a need for 6,800 new units before 2040 to accommodate population growth. This represents a need for a 68% increase over current residential development production trends. Despite the Housing Policies in the 2015 Comprehensive Plan, the City received no new market -rate housing development in City Center since 2017. The 2015 Comprehensive Plan assumes that the existing buildings on the Commons property will remain undeveloped. Given that the vision for City Center is mixed -use, dense development that should include multifamily development, the proposed Project and requested amendments align with the public interest to further those goals. (b) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. Applicant Response: The proposed amendments seek to facilitate the Project, which entails investment and redevelopment of the Commons mall into a mixed -use, urban center with residential, which is consistent with the City Center vision for creation of an urbanized, walkable "Downtown" destination. Specifically, the proposed amendments allow for a private local street grid with pedestrian infrastructure that will break down the size' of the current super block into a more pedestrian -friendly environment with vibrant retail that is attractive to future residents and visitors. The current Chapter Seven, City Center element of the Comprehensive Plan calls for increased investment, development and density in the City Center. Pg. VII-12. The current City Center plan also calls for proactive efforts to attract higher -density development. Pg. VII-30. The proposed amendments are consistent with the following goals and policies of the current Chapter 3 Transportation: TP1.4 Allow improvements to vehicle throughput only where they enhance traffic and pedestrian safety, improve high -capacity transit and HOV facilities, or reduce air pollution. Applicant Note: The proposed amendments allow for the new private street grid will enhance pedestrian safety by providing sidewalks and marked pedestrian paths through the super block with connections to existing and potential future pedestrian crossings of the surrounding arterials. TP1.6 Employ traffic calming measures in neighborhoods through context -sensitive design where traffic volumes and speeds consistently exceed reasonable levels and as set forth in the adopted Neighborhood Traffic Safety Program. January 17, 2024 Page 10 Apph e: The proposed private street grid is intended to create a more pedestrian - friendly environment on the Commons Property in a future development with one primary north -south connection that would accommodate larger volumes of traffic and improve site Porosity. TP1.14 Develop and maintain a Layered Network that provides connectivity and recognizes that not all streets provide the same quality of travel experience. Classify streets as Freeway, Principal Arterial, Minor Arterial, Principal Collector, Minor Collector, or Local Street. Ensure that the Layered Network continues to provide for all varieties of street uses including: regional mobility and cross-town trips, commuting, shopping, and recreational travel, property and business access, and parking, regardless of mode. Applicant Note: The requested Local Streets on the Commons will add to the Layered Network, helping to break down the scale of the Property while also responding to and encouraging new development and existing businesses who will remain. TP3.11 Incorporate pedestrian and bicycle features as design elements in the City Center as reflected in the Federal Way Comprehensive Plan Vision and City Center Street Design Guidelines. =lica� nt Note: The Project currently contemplates a bicycle lane along the proposed north - south private road and will add pedestrian sidewalks and landscaping through project -specific entitlements. The existing property condition and current Comprehensive Plan contains no bicycle infrastructure and pedestrian paths are limited to disconnected sidewalks. TP3.12 Include sufficient area in rights -of -way for bike lanes, sidewalks, and landscaped medians to provide separation from motorized traffic. Use landscaped medians to -separate opposing traffic when safety and aesthetic purposes dictate the need. A- - cant Note: The conceptual street cross-section for the north -south connection to be added with Project development is consistent with this policy. Additional sidewalks, landscaped planting areas and separation from pedestrians and motorized traffic will also be provided. The proposed amendments are consistent with the following goals and policies of the current Chapter 7 City Center: CCP2 Develop an attractive City Center that will attract quality development. Applicant Note: As previously discussed, the proposed amendments are necessary for the overall Project to redevelop the Commons into a mixed -use urban village with residential housing opportunities and retail. January 17, 2024 Page 11 CCG6 Encourage housing opportunities in commercial/residential mixed -use settings. Promote housing opportunities close to employment. Applicant Note: The proposed street grid with Local Streets is the ideal plan to facilitate multifamily development on the Property in City Center. The street configuration in the current plan, without the proposed amendments, does not contemplate redevelopment of existing buildings. CCG7 Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. Applicant Nate: As discussed in further detail above, the addition of multifamily housing is necessary to meet the City's housing goals. The Comprehensive Plan seeks to prioritize new units in the City Center. CCG10 Create an environment that attracts high quality housing, commercial, and office uses. Continue to enforce requirements for quality design in buildings, streetscape, and site planning. Applicant Note: The proposed amendments facilitate the best overall design for pedestrian and transportation infrastructure for the Project and will enhance the streetscape with new landscaping. Merlone Geier has a proven track record of high -quality design projects similar to that envisioned for the Project. We are happy to provide more information about projects underway in Shoreline and Lynwood demonstrating high -quality design. CCG13 Improve the flow of vehicular traffic through the City Center and minimize increases in congestion. Applicant Note: The proposed amendments would allow for a future private street grid including a north -south connection. The design of the north/south connection would be identified through the development review process but is intended to be similar in functionality to a Minor Collector. This will help alleviate congestion in City Center, as described further in the Transpo memorandum. The current Comprehensive Plan in this location does not provide any through -connection. CCG14 Promote and facilitate the effective use of non -motorized transportation. Create a safe, efficient, and enjoyable pedestrian and bicycle system. Applicant Note: The proposed amendments allow for new infrastructure to be reviewed with entitlements for future redevelopment. The conceptual private street grid and Project includes a bicycle lane and pedestrian infrastructure. In general, the Project will install pedestrian infrastructure where none currently exists. CCP15 Emphasize pedestrian and bicycle circulation, as well as other travel modes in all aspects of developing the City Center transportation system. Include public sidewalks, street trees, and other pedestrian amenities for streets. January 17, 2024 Page 12 Applicant Note: Same comment as above. CCP17 Encourage new development to include active ground floor uses such as shops, community services, office, and restaurants. Applicant Note: The proposed amendment will facilitate the Project which includes new retail uses at the ground level. CCP18 Provide pedestrian connections between adjacent buildings where possible to provide for streetscape continuity and develop clear and safe pedestrian paths through large parcels to enhance the pedestrian network. Applicant Note: This is a large parcel that will benefit from the proposed street grid and new pedestrian infrastructure to break down scale and improve site porosity. The proposed amendments are consistent with the following 2015 Comprehensive Plan Housing Policies: Objective 1: Promote new market -rate and affordable housing construction that expands housing choices and is inclusive to community needs. HG3: Develop a zoning code that provides flexibility to produce innovative housing solutions, does not burden the cost of housing development and maintenance, and diversifies the range of housing types available in the city. HG6: Encourage development of mixed -income projects and communities. Applicant Note: The proposed amendments are to facilitate redevelopment of the Commons which will add 1,284 new multifamily units. (c) Whether the proposed amendment is consistent with the planning goals of the Growth Management Act, RCW 36.70A.020. The proposed amendments are consistent with all planning goals enumerated in RCW 36.70A.020. In particular, the proposed amendments further following two goals: (3) Transportation. Encourage efficient multimodal transportation systems that will reduce greenhouse gas emissions and per capita vehicle miles traveled and are based on regional priorities and coordinated with county and city comprehensive plans. Applicant Response: The proposed amendments will allow for the implementation of a new street grid and pedestrian infrastructure on the Commons Property. January 17, 2024 Page 13 (4) Housing. Plan for and accommodate housing affordable to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. Applicant Response: As discussed, the Commons property contains no housing, and the current Comprehensive Plan does not contemplate redevelopment. The amendments are necessary to implement the new Project and add 1,284 new housing units. (d) In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group. , pphcant Re_ onse: The amendments requested on the maps are specific to the Commons property in order to further the overall vision for the City Center, which is a Citywide priority. As the largest assemblage of redevelopment opportunity in the City Center, the successful redevelopment of the Commons Property is of Citywide significance in achieving the housing, economic development and urbanist goals of creation of a Downtown community in the City of Federal Way. The amendments support economic investment in development that will result in housing and ground floor retail with high quality design and improvements to pedestrian and bicycle infrastructure. These are benefits to the City as a whole. (3) If the request meets the criteria set forth in subsections (2)(a) through (d) of this section, it shall be further evaluated according to the following criteria: (a) Whether the proposed amendment can be incorporated into planned or active projects. Appkaiit Response. As described at length in this application, the amendments are requested to align with the proposed Commons redevelopment Project. (b) Whether the proposal can be reasonably reviewed as part of the annual amendment process and the city has staffing resources available to accomplish such review. (c) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. (d) Order of requests received. Applicant Response. We understand criterion 3(b)-(d) are intended to be evaluated by City staff. Since the proposed new street grid may affect surrounding new street locations, and the Commons key to the City Center vision, we assume it would be beneficial to review the amendments together with the overall 2024 Update. RESUBMITTED 23-104869-00-UP Exhibit 1 b Dec 21 2023 transpogroup AV WHAT TRANSPORTATION CAN BE. r i'► 4 J, [11111]:7_ k' I Bill17i Date: December 20, 2023 TG: 1.18015.00 To: Sarady Long, City of Federal Way From: Michael Swenson, PE, PTOE, Transpo Group cc: Jamas Gwilliam, Merlone Geier Partners Ian Morrison & Jessica Roe, McCullough Hill, PLLC Subject: The Commons — Comprehensive Plan Amendment Request This memorandum provides qualitative analyses of the transportation related comprehensive plan amendments. Specifically, this memorandum focuses on the following: • Request to reclassify the internal streets as provide Local Streets and not Minor Collectors • Request to include a north/south Local Street connection connecting S 320th Street and S 324th Street Local Street Classification The current comprehensive plan shows a network of streets on the property that are classified as Minor Collectors (see Figure 1). Based on the 2015 comprehensive plan, minor collectors include 2 — 3 lanes, have a right-of-way of between 60 — 80 feet with a posted speed of 25 35 mph. The intended purpose of a minor collector is to channel local traffic to principal arterials. The designation within the existing comprehensive plan does not consider the parking lots and numerous access points that are needed to circulate traffic A4_Vv' h Legend tii within the site. ciyuffts o PoWnbai Aene:aGen Area Streets and Highways Based on future development interstate plans for the site, the amendment NPrirCW Arterial Mffw Mena] requests the removal of the Pr;,coa,Co�aa defined roadway network to be iv Ml cdiedw replaced with a classification of Figure 1: Map 111-3 2015 Comprehensive Plan private Local Streets for any future roadways within the Commons Property. The City does not define requirements for Local Streets. Instead, these are defined through the development review process (Table III-1, note 7). Defining these through the development review process allows the City and developer to define a network and cross section that can balance the needs of the city to promote safe and efficient transportation for all modes while at the same time responding to and enhancing the multi -modal circulation needs of future development. Furthermore, through the development review process, the Local Street network can be designed to maximize the connectivity and efficiency of the local street network in order to minimize impacts to the adjacent ROW. The redevelopment plans of the Common are targeting a 12131 113th Avenue NE, Suite 203, Kirkland, WA 98034 1 425 821 3665 1 transpogroup.com RESUBMITTED Dec 21 2023 23-104869-00-UP pedestrian centric environment supported through on -street parking, low vehicle travel speeds, and accommodations for multiple travel modes. No significant adverse impacts are anticipated with this requested change. The intent of the amendment is to not reduce the capacity of the internal Local Street network or connectivity to the surrounding ROW, but instead allow the development review process to inform the appropriate design such that the circulation needs of the Commons can be balanced with a design that promotes a walkable, pedestrian oriented development, with supporting lower vehicle speeds. North/South Internal Connection With the potential redevelopment of the site, the opportunity exists to provide an additional north/south connection through the site, connecting to intersections with S 320th Street and S 324th Street. A conceptual layout of the Local Street grid is shown in Figure 2. E tag e nd Planned Streets Planned Intersection (Local Streets) Improvement Potential Pedestrian Planned Bicycle Route Crossings Figure 2: Conceptual Local Street Network A traffic signal or round -about is identified as a future improvement at the S 324th and north/south street intersection. This additional north/south connection would be classified as a Local Street (private), with some consistency to the other streets within the Commons project. The additional north/south connection provides for improved circulation and connectivity to the surrounding street system. This connection allows for a more connected internal system, allowing drivers to connect more directly to the adjacent arterials and portions of the surface parking lot that may remain during the phased redevelopment without circulating as much. The proposal also would include bicycle provisions such that a more direct north/south bicycle connection is provided. This link would provide a connection to the existing route north of S 320th Street and the planned route south of S 324th Street, a link that is currently not accounted for in the Comprehensive Plan. The 2015 comprehensive plan identifies a location for an additional pedestrian crossing of SR 99/Pacific Highway South. The requested amendment identifies a zone in which the crossing could occur. The amendment acknowledges that the final location can be influenced by site related redevelopment plans, City planning, and WSDOT approvals. F RESUBMITTED Dec 21 2023 23-104869-00-UP No significant impacts to the operations of the adjacent intersections are anticipated with this project as overall connections are not reduced from what is currently contemplated in the Comprehensive Plan. The proposal improves the internal connectivity and reduces internal block lengths as compared to the existing development. Exhibit 1c From: John.Dietrich [John. Dietrich@target.com> Sent: Tuesday, January 16, 2024 3:46 PM T To: Samantha Homan6amantha.HomaripcityofFederalway.com> Subject: RE: Jan. 17th Planning Commission [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and mpy not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Samantha, Thank you for responding to my inquiry and providing the zoom meeting and password, I intend to be on the meeting to hear. the discussion. I have also prepared a quick statement in response to the Phase II Concept Plan that, if possible, I would appreciate being sent to the Planning Commissioners and staff prior to the meeting. Thank you, John. Target entered The Commons in 2004 after relocating from our prior location north of 320°i Street. Target's move was predicated on taking advantage of the adjacent synergy with other commercial tenants, shops and restaurants. Unfortunately, the proposed Concept Plan for Phase II completely removes the adjacent retail and places a thru street next to Target's store entry, essentially putting our store on an island, overshadowed by residential structures. If not appropriately designed, it has the potential to further detrimentally impact Target, considering the outsized negative impact of the Sound Transit railway project. Target's request to both the Planning Commission and property owner is to maintain flexibility on the location of the new north/south street, consider the benefits of adjacent retail, and create a buffer zone between residential and retail. John Dietrich I Sr. Real Estate Portfolio Manager I Target 11000 Nicollet Mall (TPN-12K) Minneapolis MN 55403 1 John.dietrich@target.com I Direct 612-761-7034 1 Cell 612-695-6076 RECEIVED Sap 29 2023 23-104820-00-UP Process V Rezone TESHIA FLOWERS 23-104820-UP Exhibit 2A Narrative for Planting Flowers Learning Center — 30819 14th Ave S., Federal Way, WA 98003 2 Story building —4815 sq ft upper, 3144 sq ft lower Program Introduction: Planting Flowers Learning Center is a Licensed childcare facility offering full time, part time, care to children lmonth-10 years old. These services include preschool options and ECEAP services to ensure equitable care is provided to children throughout the community. We prioritize the needs of low-income families by providing quality care and wrap around services to the child and family. To support commuters, specifically those utilizing nearby transit & train station, the center is open Monday thru Friday between the hours of 6:30am- 6:00pm. Planting Flowers Learning Center has a current application to complete the Process IV Hearing Examiner decision due to the current RM 1800 zoning. If approved Planting Flowers Learning Center would be restricted to 50 attendees, therefore I am completing an application for a Quasi - Judicial Rezone. The rezone would expand the services my program could provide families allowing my program to grow to unlimited capabilities, utilizing the entire building for many years to come. The impact Planting Flowers Learning Center will have on the community are immeasurable. Childcare services are in high demand within the City of Federal Way. According to the below report furnished by DCYF, the City of Federal Way is one of many cities deemed a childcare desert. hft s: www.dc .wa. av roctice oiaa re arts earl-learnin -dashboards child-care-need- suppiY-data. There are over 3,000 children infant to preschoolaae under the state median income o f 85% that need childcare in zip code 98003. Together we have an opportunity to work together to address and meet the needs of families in the community as it supports the neighborhood well with Federal Way High School across the street. To the South is a medical office and east and west and further south are multi -family apartment complexes that will likely utilize my services. Building History: Zoning for this property was Professional Office from 1971-2014. To my understanding a rezone was requested and approved in 2014 by the previous owner to change the zoning to RM1800. Although the zoning change was made the tenant that occupied the building from 2009-2023 was Pure Heart Ministries and no further steps towards development for use RM1800 was completed. Previous tenants on the subject property included Northwest Radiological Association (1975); multiple medical professionals (1975-1990); Radiology Puget Sound (1980-1984); Federal Way Community (1980); Women's Clinic (1980-1984); Federal Way Radiology (1990-1994); Accredited Sports & Medical Message Therapy (1994-1998); Aiken Muscular Therapy (1994); Sum-R-Art Therapy (1994-1998); Mandalla Center for the Healing Arts RECEIVED Sep 29 2023 23-104820-00-UP (1998); A&A Towing (2000); Auburn Youth Resources (2000-2003); Federal Way Philharmonic (2000); Federal Way Public Schools (2003-2008); Federal Way Symphony (2003-2012); Natural Alternative Massage (2003); Diamond Driving Schools (2008); Evergreen Senior Club (2008-2016); Samoan American Pacific (2012-2016); Pure Heart Ministries (2009-Present). Based upon the information provided above, I believe the proposed rezone is in the best interest of the residents of the city; and the proposed rezone is appropriate because: It is consistent with the comprehensive plan; It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan; and, It is consistent with the public health, safety, and welfare. Cn = :S 308TH ST _ l .. � , _ , 1 _ =tip �� . _. : • �� _ l: t - � -� , - i RMi800 City of Federal Way Exhibit 2B 2024 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes Flowers Property Legend it Site -.t i.. Streams (City Survey) City 1998 Wetlands i ( Y Survey) - — — t ' g Zoning Boundary* j'_ _ _ _ , �� _ I Note: An asterisk (*) next to a zoning -:,� - -� designation indicates the property is e~ - _ - * governed by a development agreement. bra IF DTr oll • l : :M �� S 1 - 0 250 500 Tre Wbertson`s' `",' �' - -, N Feet 1 `, � - _. _ _ •. '1 , U � � CITY OF Federal Way U This map is accompanied by no warranties, _ r - — and is simply a graphic representation. Existing Designations Requested Designations City of Federal Way ComprehensiveOffice • • I Zoning: Office ' • Exhibit 2C 5 3ppTH ST + �j 2024 Lj J Site Specific Requests s for Comprehensive Plan and CO f` Zoning Designation Changes = F I owe rs Property Q S 308TH ST S 308TH ST rn BC: n RM1800 Legend 00. f'�4.. �l i Site } P—� — — Buildings Streams (City Survey) -- Wetlands 1998 City Survey) nZoning Boundary* _ Note: An asterisk (*) next to a zoning designation indicates the property is governed by a development agreement. n DoIL'' 0 250 500 Tree r- Albertso s N Feet CITV of rD C U Federal Vl�a QCII n � H V 1 This map is accompanied by no warranties, !� F and is simply a graphic representation. Icom lanlSiteS ecificRe uestsVO241FLowersProe SSR.a rx 7h COUNCIL MEETING DATE: February 20, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION CORRECTING THE ESTIMATED ANNUAL ASSESSMENT FOR STEEL LAKE MANAGEMENT DISTRICT IN RESOLUTION 23-838 POLICY QUESTION: Should council adopt a Resolution correcting the estimated annual assessment for Steel Lake Management District in Resolution 23-838? COMMITTEE: LUTC MEETING DATE: February 5, 2024 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Kevin Du, Water Quality Program Supervisor P DEPT: Public Works Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve the proposed resolution. 2. Do not approve proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL:j 6 DIRECTOR APPROVAL: 4/ `L\\�-ZdL C mi Cauit Initial/Date Inwal' n!c " InitialfD COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the February 20, 2024, consent agenda for approval. Commi ee C air nW6*ne Committee Member F PROPOSED COUNCIL MOTION: "I move �Plpval of the proposed resolution. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 5, 2024 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director `=✓C/'� Kevin Du, Water Quality Program Supervisor 1P SUBJECT: Resolution Correcting the Estimated Annual Assessment for Steel Lake Management District in Resolution 23-838 Financial Impacts: There is no cost to the City associated with the correction to the estimated annual assessment for Steel Lake Management District. Background Information: On April 18, 2023, the City Council of the City of Federal Way passed Resolution 23-838, declaring the City's intention to reform Steel Lake Management District Number 1 ("SLMD"). The City later adopted ordinances and resolutions officially renewing the SLMD, and confirming the special assessment roll for the SLMD. Resolution 23-838 contained an error in the estimated calculation of the total yearly assessment on the properties within the SLMD due to the incorrect classification of the current use of one property within the SLMD as vacant rather than single-family. This error was due to a parcel type change from vacant to single family which was not reflected in the resolution, which should have resulted in a change in the special assessment on the parcel from $33 per year to $95 per year, an increase of $62 per year. On January 23, 2024, King County notified the City of the error in Resolution 23-838, and further notified the City that collection of the annual SLMD assessment for 2024 required correction of Resolution 23-838 by the end of February, 2024. This resolution amends the estimated amount of the total annual assessment in Resolution 23-838 to $15,294.00, in order to facilitate King County billing the annual special. assessments for the SLMD. Rev. 7/18 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, correcting the estimated annual assessment in Resolution 23-838 regarding reformation of Steel Lake Management District Number 1. WHEREAS, on April 18, 2023, the City Council of the City of Federal Way passed Resolution 23-83 8, declaring the City's intention to reform Steel Lake Management District Number 1 ("SLMD"); and WHEREAS, on August 8, 2023, the City Council passed Ordinance 23-965, which formally renewed the SLMD; and WHEREAS, on September 19, 2023, the City Council passed Resolution 23-846, which approved and confirmed the special assessment roll for the SLMD, and the specific assessments attributable to each parcel within the SLMD; and WHEREAS, Resolution 23-838 contained an error in the estimated calculation of the total yearly assessment on the properties within the SLMD due to the incorrect classification of the current use of one property within the SLMD as vacant rather than single-family; and WHEREAS, that error caused the estimated calculation of the total yearly assessment in Resolution 23-838 to be $15,232.00, rather than the correct amount of $15,294.00; and WHEREAS, on January 23, 2024, King County notified the City of Federal Way of the error in Resolution 23-838, and further notified the City that collection of the annual SLMD assessment for 2024 required correction of Resolution 23-838 by the end of February, 2024. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Resolution No. 24- Page I of 4 Section 1. Section 1 of Resolution 23-838 is hereby amended to read as follows: The City of Federal Way City Council declares, by passing this resolution, its intention to conduct the activities required by RCW 36.61 for the reformation of the Steel Lake Management District Number 1 (" SLMD"). The nature of the proposed activity to be undertaken by the SLMD is the implementation of the 2024-2033 Steel Lake Management District Plan (SLMDP). The estimated annual amount of special assessments that is proposed for the reformed SLMD is $15,294.00, which will be collected annually for ten years to finance SLMD activities. The estimated total amount to be collected during the life of the SLMD is $152,940.00. The proposed duration of the SLMD is ten years from the date the SLMD is actually reformed by ordinance. The proposed boundaries of the SLMD encompass all properties adjacent to Steel Lake with lake front footage or with deeded lake access. The proposed rate structure is based on equal charges for similar parcels. Undeveloped parcels with lake frontage will be charged $33 per year. Single family developed parcels will be charged $95 per year. Multifamily parcels will be charged $306 per year. The City Park property will be charged $2,279.00 per year. The Department of Fish and Wildlife parcel with a public boat launch will be charged $3,895.00 per year. Section 2. 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 3. 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 Resolution No. 24- Page 2 of 4 scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. 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 .2024. 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. 24- Page 3 of 4 RESOLUTION NO.: Resolution No. 24- Page 4 of 4 7i COUNCIL MEETING DATE: February 20, 2024 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SPAR (PUBLIC DEFENDER) GRANT ACCEPTANCE AND AGREEMENT ITEM #: POLICY QUESTION: Should the City accept a $50,000 grant from the Washington State Office of Public Defense to reduce the cost of public defense services related to cases that fall under the Simple Possession Advocacy and Representative Program (SPAR)? COMMITTEE: Land Use and Transportation MEETING DATE: February 5, 2024 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing .❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Davis, City Administrator DEPT: Mayor's Office Attachments: 1. Staff Report 2. SPAR Program Funding Agreement Options Considered: 1. Authorize acceptance of the SPAR grant and agreement 2. Do not authorize acceptance of the SPAR grant and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: ! ■I� i IZ•5-I2F/ I IIZ�I2-4DIRECTOR APPROVAL: Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the February 20, 2024 consent agenda for "Pj- �E7X . - Qf:Z� - N lA ]ac Dave Co mittee Chair 3ar�c sh, of ittee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to accept the SPAR grant and authorize the Mayor to execute any associated agreement necessary to do so. " (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: January 25, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Brian Davis, City Administrator SUBJECT: SPAR (Public Defender) Grant Acceptance and Agreement Financial Impacts: This reimbursement grant from the Washington State Office of Public Defense would provide up to $50,000 in added revenue to the City to help pay for public defense obligations. If the grant is not accepted by the City, or if it is not offered by the State in the future, the City will pay for all public defense services with the general fund as it does currently. Baclground_ Information: Through the Federal Way Municipal Court, the City prosecutes misdemeanors, gross misdemeanors, and civil infractions. The City must also provide public defense for individuals who cannot afford an attorney. The Blake decision and subsequent reactions reclassified simple possession of a controlled substance from a felony crime (prosecuted and paid for by the county) to a gross misdemeanor (for which the city is responsible to pay for). This change will cause increased caseload in the Municipal Court and increased expenses for public defense. In response, the State Office of Public Defense offered grants to municipalities under the Simple Possession Advocacy Program (SPAR) to ease some of the increased burden for defending these cases. The grant covers certain expenses for public defense, but it does not cover, nor is there a current grant to cover, expenses for prosecution or court administration of these newly classified cases. There are no obligations on the City's part to accept this grant other than annual reporting. The grant only runs through June 2024. However, staff at the Washington State Office of Public Defense indicated this grant will likely be offered on a regular basis. The Mayor recommends approval of the SPAR grant and authorization of the associated agreement. Rev. 7/18 Agreement No. GRT24055 A. FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE Simple Possession Advocacy and Representation (SPAR) Program Funding Agreement 1. Recipient City of Federal Way 33325 8th Ave S Federal Way, WA 98003 2. Recipient Representative Brian Davis City Administrator City of Federal Way 33325 8th Ave S Federal Way, WA 98003 3. Office of Public Defense (OPD) 4. OPD Representative 711 Capitol Way South, Suite 106 Grace O'Connor PO Box 40957 Supervising Attorney Olympia, WA 98504-0957 Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 5. Agreement Amount 6. Agreement Period $50,000.00 January 1, 2024 through June 30, 2024 7. Purpose The purpose of this Agreement is to provide reimbursement to cities and counties for the cost of providing defense counsel Consultation and Representation for defendants facing charges or charged with simple possession or public use offenses under RCW 69.50.4011(1)(b) or (c), RCW 69.50.4013, RCW 69.50.4014, or RCW 69.41.030(1), or under local ordinances involving allegations of possession or public use of a controlled substance, counterfeit substance, or legend drugs, consistent with Second Engrossed Second Substitute Senate Bill 5536, Chapter 1, sec. 35, sec. 39, Laws of 2023. 8. Acknowledgement, Incorporation by Reference, and Execution The Office of Public Defense (OPD) and Recipient, as defined above, acknowledge and accept the terms of this Agreement and attachments and execute this Agreement as of the date the last signatory signed. The rights and obligations of both parties to this Agreement are governed by this Agreement and the following other documents incorporated by reference: Special Terms and Conditions, General Terms and Conditions, and Attachment A. FOR RECIPIENT Name, Title Date FOR OPD Grace O'Connor, Supervising Attorney Date B. SPECIAL TERMS AND CONDITIONS 1. AGREEMENT MANAGEMENT a) The Representative for each of the parties will be responsible for and will be the contact person for all communications regarding the performance of this Agreement. b) The Representative for OPD and their contact information are identified on the Face Sheet of this Agreement. c) The Representative for Recipient and their contact information are identified on the Face Sheet of this Agreement. 2. REIMBURSEMENT a) Subject to Exhibit B, Section 4, OPD shall reimburse for authorized expenses as identified in Exhibit B, Section 7, Authorized Reimbursable Expenses. 3. ALLOCATED MAXIMUM REIMBURSMENT AMOUNT a) The maximum amount Recipient may be reimbursed for authorized expenses shall not exceed $50,000.00. b) Subject to the availability of funds, and upon mutual agreement, Recipient and OPD may amend this Agreement in writing to increase the allocated maximum reimbursement amount. 4. TERMS OF REIMBURSEMENT a) OPD will reimburse Recipient upon acceptance of expenses and receipt of properly completed invoices. Recipient shall submit invoices to the Representative for OPD monthly, and subject to the invoicing schedule included in Section 4.h. of this agreement. b) An invoice form will be provided to Recipient by OPD. Recipient shall provide sufficient documentation accompanying the invoice to prove, to OPD's satisfaction, the costs incurred by Recipient and to allow OPD to determine that the costs were for Authorized Reimbursable Expenses. Sufficient documentation will include a description of the work performed, including case numbers, during the time period. Sufficient documentation demonstrating costs incurred by Recipient may include, but is not limited to, salary pay stubs or invoices for contracted services. OPD reserves the right to amend the invoice form at any time. c) Payment will be considered timely if made by OPD within 30 calendar days after receipt of properly completed invoices. OPD shall send payment to the address designated by Recipient and associated with Recipient's Statewide Vendor Number SWV0015957-00. d) OPD may, in its sole discretion, terminate this Agreement or withhold payments claimed by Recipient for services rendered if Recipient fails to satisfactorily comply with any term or condition of this Agreement. e) OPD shall not make any payments in advance or in anticipation of services or supplies to be provided under this Agreement. f) Recipient agrees to report whether it will be unable to spend any allocated maximum reimbursement amount during the Agreement Period, or if Recipient anticipates a need to increase the allocated maximum reimbursement amount. Any request to increase the allocated maximum amount will be subject to Section 3(b) of this Exhibit. OPD reserves the right to reallocate funds to other jurisdictions that Recipient reports as unable to be spent. g) Reimbursable expenses must be incurred between August 15, 2023 and June 30, 2024. Recipient shall bear the cost of and ensure continued Consultation and Representation for all individuals who are being represented by Recipient's attorneys on Qualifying Cases when the agreement period ends. h) OPD's fiscal year runs from July 1 to June 30 of each year, and OPD is unable to pay expenses from a previous fiscal year with the following fiscal year's budget. Accordingly, Recipient must submit invoices for costs incurred between August 15, 2023 and June 30, 2024, by August 1, 2024. 5. DUPLICATION OF BILLED COSTS Recipient shall not bill OPD for services performed under this Agreement, and OPD shall not pay Recipient, if Recipient is entitled to payment or has been or will be paid by any other source, including grants, for that service. 6. DISALLOWED COSTS Recipient is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its contractors or subcontractors. 7. AUTHORIZED REIMBURSABLE EXPE Recipient is authorized to seek reimbursement for the following costs, subject to the provisions in Exhibit B, Section 2 and Section 4: 1. Compensation for attorney Representation on Qualifying Cases; 2. Compensation for attorney Consultation on Qualifying Cases; 3. Support staff time devoted to assisting and supporting attorney Representation and Consultation on Qualifying Cases; 4. Investigation costs associated with Qualifying Cases; 5. Expert services where the scope of the expert's expertise is related to a Qualifying Charge. 6. Compensation for attorney Representation on an appeal undertaken according to the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RAU) pertaining to an issue arising from a Qualifying Charge. 8. OVERSIGHT a) Over the duration of the agreement term, OPD may conduct site visits for purposes of ensur- ing the use of funds for their specified purposes. At OPD's request, Recipient will assist in scheduling such site visits and inviting appropriate attendees such as, but not limited to: public defense attorneys, judicial officers, and city and county representatives. 9. DEFINITIONS a. "Alternatives to Prosecution" means an opportunity to depart from the traditional criminal case process of charge to plea of guilty, or conviction or acquittal at trial. Examples include, but are not limited to, stipulated continuances, deferrals, Therapeutic courts, Specialty courts, or Pre -file or Pre-trial diversion programs. b. "Consultation" means advising indigent individuals on Pre -File or Pre -Trial Diversion options where the individual is facing a Qualifying Charge. Consultation also means advising indigent individuals, who face or faced Qualifying Charges, during the pendency of pre-trial Diversion. c. "Diversion" means an opportunity for an individual facing Qualifying Charges to depart from the criminal legal system, with the understanding that the individual will not be arrested, or that a charge the individual may be facing will either be dismissed or reduced. d. "Pre -File Diversion" means an opportunity for an individual facing Qualifying Charges to depart from the criminal legal system, initiated by either law enforcement or the prosecutor, that takes place before charges are filed against the individual. A Pre -File Diversion may be, but need not be, organized under RCW 69.50.4011(3)(c), 69.50.4013(2)(c), 69.50.4014(2), or 69.41.030(2)(e)_ e. "Pre -Trial Diversion" means an opportunity for a defendant charged with Qualifying Charges to depart from the criminal legal system after charges are filed against a defendant but before a plea is entered, or before proceeding to trial. A Pre -Trial Diversion may be, but need not be, organized under RCW 69.50.4017. f. "Qualifying Charge" means pending charges of or charges of violations of RCW 69.50.4011(1)(b) or (c); 69.50.4013; 69.50.4014; 69.41.030(2), (b), or (c); or pending charges of or charges of offenses under local ordinances involving allegations of possession or public use of a controlled substance; counterfeit substance; or legend drug. g. "Qualifying Case" means a proceeding filed against an indigent defendant in a court of limited jurisdiction in which at least one of the charges filed, either originally or as amended, is a Qualifying Charge, even if later dismissed. h. "Representation" means appointment to represent indigent defendants in courts of limited jurisdiction on Qualifying Cases, including in therapeutic or specialty courts. Representation also means appointment on motions to terminate defendants from Pre -File Diversion programs, Specialty or Therapeutic courts, or other programs that offer Alternatives to Prosecution. "Specialty or Therapeutic Court" means a court utilizing a program or programs structured to achieve both a reduction in recidivism and an increase in the likelihood of rehabilitation, or to reduce address substance use disorder or mental health conditions in defendants through continuous and judicially supervised treatment and the appropriate use of services, sanctions, and incentives. 10. ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement, the inconsistency will be resolved by giving precedence in the following order: a. Applicable federal and state of Washington statutes, regulations, and court rules b. Exhibit B, Special Terms and Conditions c. Exhibit C, General Terms and Conditions C. GENERAL TERMS AND CONDITIONS 1. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 2. AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendment shall not be binding unless it is in writing and signed by personnel authorized to bind each of the parties. 3. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 29 CFR Part 35. Recipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 4. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by Recipient without prior written consent of OPD. 5. ATTORNEY'S FEES Unless expressly permitted under another provision of the Agreement, in the event of litigation or other action brought to enforce Agreement terms, each party agrees to bear its own attorney fees and costs. 6. CONFORMANCE If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 7. ETHICS/CONFLICTS OF INTEREST In performing under this Agreement, Recipient shall assure compliance with the Ethics in Public Service, Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or conflicts of interest. 8. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION To the fullest extent permitted by law, Recipient shall indemnify, defend, and hold harmless the state of Washington, OPD, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Agreement. 10. LAWS Recipient shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies of local and state and federal governments, as now or hereafter amended. 11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Agreement, Recipient shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of Recipient's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be rescinded, canceled or terminated in whole or in part. 12. RECAPTURE In the event that Recipient fails to perform this Agreement in accordance with state laws, federal laws, and/or the provisions of the Agreement, OPD reserves the right to recapture funds in an amount to compensate OPD for the noncompliance in addition to any other remedies available at law or in equity. 13. RECORDS MAINTENANCE Recipient shall maintain all books, records, documents, data and other evidence relating to this Agreement. Recipient shall retain such records for a period of six (6) years following the end of the Agreement period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 14. RIGHT OF INSPECTION At no additional cost all records relating to Recipient's performance under this Agreement shall be subject at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor, and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Agreement. Recipient shall provide access to its facilities for this purpose. 15. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared to be severable. 16. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing. 6 7- COUNCIL MEETING DATE: February 20, 2024 ITEM #: CITY.OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: YAKIMA COUNTY JAIL AGREEMENT FOR INMATE HOUSING POLICY QUESTION: Should the Federal Way Police Department enter into an agreement with the Yakima County Jail for inmate housing at the cost of approximately $100,000 annually? COMMITTEE: PRHSPSC MEETING DATE: February 13, 2024 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kyle Buchanan, Commander DEPT: Police Department Attachments: 1. Staff Report 2. Yakima County Jail Agreement Options Considered: 1. Approve the execution of the agreement. 2. Do not approve the agreement and provide direction to staff. MAYOR'S : ontion 1 MAYOR APPROVAlf :1.. DIRECTOR APPROVAL: ni mitre Cia it initiall7a[s [ni ial c =n=[ia Da[ COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the February 20, 2024, consent agenda for approval. ommittee Chair Committee Member Committee Member Pece ED COUNCIL MOTION: "I move approval of the proposed Yakima County Jail Inmate Housing entand 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: February 13, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police OWL, SUBJECT: Yakima County Jail Agreement for Inmate Housing Financial Impacts: The estimated annual cost of the Yakima County Jail Inmate Housing Agreement is $100,000. No new funding is being requested to house inmates at Yakima County Jail; the funding for use of the jail will come from the current jail budget. Background Information: On January 1, 2020, the Federal Way Police Department (FWPD) moved away from a sole - source jail services provider and began utilizing multiple jail facilities to accommodate the City's jail service needs. The City of Federal Way previously contracted with the Yakima County Jail for long term commitments. Yakima County terminated the prior contract with the City on December 31, 2022, due to Yakima County Board of Commissioners deciding not to accept prisoners from Western Washington. As a result of that contract termination, the City began using Nisqually Jail to house misdemeanor long term commitments. As of January 1, 2024, Yakima County is once again accepting inmates from Western Washington. While FWPD will continue to utilize Nisqually Jail for most long-term housing, FWPD would like to enter into a new agreement with Yakima County as an alternate option when needed for longer term incarceration only (not a primary booking location). The past few years have demonstrated that unforeseen circumstances may necessitate alternative jail options, making securing an additional long-term jail option wise. Rev. 7/18 AGREEMENT FOR INMATE HOUSING 2024 THIS INTERLOCAL AGREEMENT FOR INMATE HOUSING (hereinafter "Agreement") is made and entered into by and between the City of Federal Way, hereinafter referred to as City and the Yakima County Department of Corrections, hereinafter referred to as Yakima County. WHEREAS, Chapters 39.34 and 70.48 RCW authorize the County to enter into a contract for inmate housing; and WHEREAS, The City desires to transfer custody of certain inmates to Yakima County to be housed in Yakima County's corrections facilities during those inmates' confinement, and to compensate Yakima County for housing such inmates; and WHEREAS, Yakima County desires to house inmates who would be otherwise in the City custody on the terms agreed herein. NOW! THEREFORE, in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto mutually agree as follows: 1. Purpose. The purpose and intent of this Agreement is to establish the terms under which Yakima County will house City inmates. 2. Definitions. Business day means Monday through Friday excluding Yakima County standard holidays. Committing Court means the court that issued the order or sentence that established City of Federal Way custody of a City of Federal Way Inmate. Detainer means a legal order authorizing or commanding another agency a right to take custody of a person. City Inmate or "Inmate" means a person subject to City of Federal Way custody who is transferred to Yakima County custody under this Agreement 3. General Provisions. Yakima County shall accept City Inmates according to the terms of this Agreement and shall provide housing, care, and custody of those City Inmates in the same manner as it provides housing, care and custody to its own inmates. Yakima County shall manage, maintain, and operate its corrections facilities in compliance with all applicable federal, state, and local laws and regulations. 4. Right to Refuse or Return Inmate. To the greatest extent permitted by law, Yakima County shall have the right to refuse to accept a City Inmate or to return a City Inmate to City of Federal Way, if the Inmate has a current illness or injury that is listed in Attachment A - Medical Acceptability or requires to be housed in special housing for behavior problems and/or medical or mental health concerns. Yakima County shall provide notice to the City at least one business day prior to transport. 5. Inmate Transport. County Transported: Yakima County shall transport Inmates to and from Yakima County's corrections facilities except when weather or other conditions beyond Yakima County's control prevent transport. Inmate transport dates will be determined by the number of inmates the City has housed with Yakima County. Agreement for Inmate Housing -- 2024 Page 1 Yakima County will pick up and drop off Inmates at a mutually agreed upon destination. In the event the City wishes Yakima County to pick up and/or drop off a City Inmate at another detention or correction facility, the City shall notify Yakima County of the location of the Inmate for pick up and/or drop off. The City shall provide a written inmate transport list to Yakima County the business day prior to transport. At the time of scheduling transport, if possible, but no later than transport pickup, The City shall provide to Yakima County the warrant or court order detaining or committing the Inmate, as well as any order that specifies the Inmate's next court date or sentence to confinement. The City shall provide a complete copy of each Inmate's records in its possession to Yakima County prior to transferring custody of the Inmate to Yakima County. Yakima County will not assume custody of any City Inmate without a warrant or court order that commits the Inmate to confinement. County Transported: The City will provide Yakima County a written transport list to Yakima County the business day prior to delivery. At the time of delivery, The City shall provide Yakima County the warrant or court order detaining or committing the inmate as well as any order that specifies the Inmate's next court date or sentence to confinement. The City shall provide a complete copy of each Inmate's records in its possession to Yakima County prior to transferring custody of the Inmate to Yakima County. Yakima County will not assume custody of any inmate without a warrant or court order that commits the Inmate to confinement. 6. Inmate Records. The City shall provide all medical records in its possession to Yakima County's transport officers prior to the Inmate's departure from the City's detention or designated detention facility. In the event the Inmate is transported by the City, The City shall provide all medical records in its possession to Yakima County's booking officer. In the event additional information is requested by Yakima County regarding a particular Inmate, Yakima County and the City will mutually cooperate to provide the additional information needed. 7. Inmate Property. Yakima County shall accept and transport Inmate property in accordance with Attachment B — Property and shall be responsible only for inmate property actually delivered into County possession. Yakima County shall hold and handle each Inmate's personal property in the same manner it holds and handles property of other County inmates. In the event a City Inmate is being transported from the City's designated detention or correction facility, it will be the responsibility of the City to dispose of the Inmate's property not delivered and accepted into County possession. When returning Inmates to the City, Yakima County shall transport Inmate property according to the provisions of Attachment B — Property, and it shall be the responsibility of Yakima County to dispose of any of the Inmate's property not transported with the Inmate. S. Booking. Inmates shall be booked pursuant to Yakima County's booking policies and procedures. Inmates transported by the City that are not acceptable at booking, will be the responsibility of the City to transport back to the City. Pursuant to RCW 70.48.130, and as part of the booking procedure, the Department of Corrections shall obtain general information concerning the Inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which a City Inmate is entitled. The information is to be used for third party billing. Agreement for Inmate Housing -- 2024 Page 2 Yakima County and the City will attempt to develop a process at the City's detention facilities for pre -booking Inmates who are being transferred to the custody of Yakima County. 9. Classification. Inmates shall be classified pursuant to Yakima County's classification policies and procedures, and within the sole discretion and judgment of Yakima County. The City shall provide information identified in Attachment C — Classification, of this Agreement. 10. Housing. Inmates shall be assigned to housing pursuant to Yakima County's policies and procedures, and within the sole discretion and judgment of Yakima County. Provided however, that generally, if a City Inmate's classification qualifies him/her to be housed in the Yakima County Corrections Center, and there is a bed available at the Yakima County Corrections Center, the Inmate shall be housed in the Yakima County Corrections Center. The Yakima County Corrections Center is currently closed, however should it reopen, this article will be utilized. Exceptions to this general provision include circumstances such as: 1) No women are housed at the Yakima County Corrections Center; 2) Inmates assigned to certain work crews must be housed in the Main Jail or Annex; 3) Certain programs are available only to Inmates housed in the Main Jail or Annex; 4) Inmates who will be housed for less than one week will usually be housed in the Main Jail or Annex. 11. Inmate Work Programs. Yakima County may assign Inmates to work programs such as inside and outside work crews, kitchen and facility duties, and other appropriate duties. 12. Health Care. Yakima County shall provide in -facility medical care commonly associated with county corrections operations as guided by American Correctional Association or National Commission on Correctional Health Care standards. Inmates shall be responsible for co -payment for health services according to County policy. The City shall not be responsible to Yakima County for Inmate co -payments. No Inmate shall be denied necessary health care because of an inability to pay for health services. Yakima County shall notify the City's designee(s) via e-mail or fax if a City Inmate requires medical or dental treatment at an outside medical or health care facility. The City shall be responsible to promptly notify Yakima County of any changes in its designee(s). The City shall pay for all medical, mental health, dental or any other medical services that are required to care for City Inmates outside YCDOC facilities. Except, Yakima County shall bear the expense of any such medical care necessitated by improper conduct of Yakima County, or of its officers or agents. Yakima County shall notify the City as soon as reasonably possible before the Inmate receives medical and/or dental treatment outside of YCDOC facilities. The City acknowledges that such notice may not be reasonably possible prior to emergency care. Lack of prior notice shall not excuse the City from financial responsibility for related medical expenses and shall not be a basis for imposing financial responsibility for related medical expenses on Yakima County. Outside medical expenses for Inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 13. Inmate Discipline. Yakima County shall discipline Inmates according to the same policies and procedures under which other County inmates are disciplined. However, nothing contained herein shall be construed to authorize the imposition of a type of discipline that would not be imposed on a comparable County inmate, up to and including the removal of earned early release credits as approved by the City. Agreement for Inmate Housing -- 2024 Page 3 14. Removal from County Facilities. Except for work programs or health care, and during emergencies, Inmates shall not be removed from County facilities without written authorization from the City or by the order of any court having jurisdiction. Other jurisdictions may "borrow" a City Inmate only according to the provisions of Attachment D — Borrowing. In the event of the Inmate's emergency removal, Yakima County shall notify the City by email or fax as soon as reasonably possible. No early release or alternative to incarceration, including furloughs, home detention, or work release shall be granted to any Inmate without written authorization by the committing court. 15. Visitation. Yakima County shall provide scheduled visitation for attorneys, spouses, family, and friends of Inmates. Such visitation may be accomplished as provided in Section 24 of this Agreement. 16. Inmate -Attorney Communication. Confidential telephones or visitation rooms shall be available to inmates to communicate with their attorneys. 17. Inmate Accounts. Yakima County shall establish and maintain an account for each Inmate. Yakima County shall ensure family members and others have a reasonable process to add funds to a City Inmate's account, Upon returning custody of a City Inmate to the City, Yakima County shall transfer the balance of that Inmate's account that is not subject to charges, to the Inmate or to the City in the form of a check or a debit card in the name of the Inmate. In the event Yakima County contracts with a company/business that furnishes technology for wireless inmate account crediting (such as Keefe or JPAY) the City may allow Yakima County (or County's contracted representative) to install the equipment necessary for use of the system. The City shall not be financially responsible for any aspect of the system, including but not limited to installation or maintenance costs. The City shall not receive any compensation or profits for such a system. 18. Detainers. Inmates in a 'Detainer" status shall be handled according to Attachment E — Detainers. 19. Releases. The City shall be responsible for computing and tracking all sentence time calculations, good time, court dates and release dates. Inmates will be released in accordance with Attachment F — Inmate Release. Yakima County shall not transfer custody of a City Inmate housed pursuant to this Agreement to any party other than the City, except as provided in this Agreement or as directed by the City. 20. Escape. If a City Inmate escapes Yakima County custody, Yakima County shall notify the City as soon as reasonably possible. Yakima County shall use all reasonable efforts to pursue and regain custody of any escaped City Inmates and shall assume all costs connected with the recapture of the City Inmate. 21. Death. If a City Inmate dies in Yakima County custody, Yakima County shall notify the City as soon as reasonably possible. The Yakima County Coroner shall assume custody of the City Inmate's body. Unless another agency becomes responsible for investigation, YCDOC shall investigate and shall provide the City with a report of its investigation. The City may participate in the investigation. If another agency becomes responsible for investigation, YCDOC shall act Agreement for Inmate Housing -- 2024 Page 4 as liaison or otherwise facilitate the City's communication with and receipt of reports from the other agency. The City shall provide Yakima County with written instructions regarding the disposition of the City Inmate's body. The City shall pay for all reasonable expenses for the preparation and transport of the body. The City may request in writing that Yakima County arrange for burial and all matters related or incidental thereto and the City shall be responsible for all costs associate with this request. Except, Yakima County shall bear such expenses necessitated by improper conduct of County, or its officers or agents. 22. Reporting Requirements. Ordinarily on business days, Yakima County will deliver the following reports to the City: Housing Report — a report detailing which City inmates are housed at the Yakima County Corrections Center. Custody Report — a report of total inmate populations confined at all YCDOC facilities. It includes current and historical safety and population data. Special Housing Report — Identifies City inmates who are in special housing assignments. 23. The City's Right of Inspection. The City shall have the right, upon reasonable advance notice, to inspect County correction facilities where City Inmates are housed at reasonable times. During such inspections, The City may interview its Inmates and review its Inmates' records. The City shall have no right to interview inmates housed for other jurisdictions or to review their medical records unless it is properly authorized to do so by the inmate or the other jurisdiction. 24. Technology. Yakima County and the City may each permit the other continuous access to its computer database regarding all City Inmates housed by Yakima County. This continuous access feature may be accomplished through a computer link between a computer(s) designated by the City and appropriate computer(s) of Yakima County. By separate mutual agreement, Yakima County and the City may provide video conference capabilities for personal visiting, professional visiting, pre-trial conferences, arraignments, and other court and conferencing needs. 25. Bed Rate. In consideration of Yakima County's commitment to house City Inmates, the City shall pay Yakima County based on the rates identified in the Rate Attachment Sheet of this Agreement. The Bed Rate includes all in -facility medical, dental (if available), and mental health services. In the event an inmate requires out of facility medical, dental or mental health services, the City shall be responsible for the cost of the services. Yakima County shall not charge a booking fee in connection with housing City Inmates. The City may purchase additional beds, as available, at the then existing bed rate; however, Yakima County shall have the right to refuse to accept custody of or house inmates in excess of the City's minimum bed commitment. Agreement for Inmate Housing -- 2024 Page 5 The Daily Fee for inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. This daily rate is established for 2024. Yakima County reserves the right to increase the daily rate with the understanding that they will provide the City ninety (90) days written notification prior to said increase. 26. Billing and Payment. Yakima County shall provide the City with monthly statements itemizing the name of each City Inmate, the number of days of housing, including the date and time booked into Yakima County and date and time released from Yakima County and itemization of any additional charges including a description of the service provided, date provided and reason for service. Yakima County shall provide said statement for each month on or about the loth day of the following month. Payment shall be due to Yakima County within (30) days from the billing date. Yakima County may bill the City electronically. Payments not received by the 30th day shall bear interest at the rate of 1% per month until payment is received. The Daily Fee for City Inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 27. Duration of Agreement. This Agreement will renew annually for up to five (5) years (December 31, 2028) unless there is written notification from one party to the other that they wish to terminate the contract at the end of the current calendar year. Such notification will be sent to the receiving party no later than October 1st of the current year. 28. Independent Contractor. In providing services under this Agreement, Yakima County is an independent contractor and neither it nor its officers, nor its agents nor its employees are employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of the City under any applicable law, rule or regulation. Nothing in this Agreement is intended to create an interest in or give a benefit to third persons not signing as a party to this Agreement. 29. Hold Harmless, Defense, and Indemnification. Yakima County shall hold harmless, defend, and indemnify the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of any City Inmate, or loss or damage to City Inmate property while in County custody) that result from or arise out of the acts or omissions of County, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of Yakima County's services, duties, and obligations under this Agreement. The City shall hold harmless, defend, and indemnify Yakima County, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of any City Inmate, or loss or damage to City Inmate property while in County custody) that result from or arise out of the acts or omissions of the City, its elected officials, officers, Agreement for Inmate Housing -- 2024 Page 6 employees, and agents in connection with or incidental to the performance or non-performance of the City's services, duties, and obligations under this Agreement. In the event the acts or omissions of the officials, officers, agents, and/or employees of both the City and Yakima County in connection with or incidental to the performance or non- performance of the City's and/or Yakima County's services, duties, and obligations under this Agreement are the subject of any liability claims by a third parry, The City and Yakima County shall each be liable for its proportionate share of fault in any resulting suits, actions, claims, liability, damages, judgments, costs and expenses and for their own attorney's fees. Nothing contained in this Section, or this Agreement shall be construed to create a right in any third parry to indemnification or defense. Yakima County and the City hereby waive, as to each other only, their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the parties hereto. The provisions of this section shall survive any termination or expiration of this Agreement. 30. Insurance. Yakima County and the City shall provide each other with evidence of insurance coverage, in the form of a certificate or other competent evidence from an insurance provider, insurance pool, or of self-insurance sufficient to satisfy the obligations set forth in this Agreement. Yakima County and the City shall each maintain throughout the term of this Agreement coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage on an occurrence basis. 31. Termination. A. Mutual Agreement: This Agreement may be terminated by mutual written consent between Yakima County and the City with ninety (90) days written notice to the other party and to the State Office of Financial Management as required by RCW 70.48.090 stating the grounds for said termination and specifying plans for accommodating the affected City Inmates. B. Imperiling Conditions: The City shall have the right to terminate this Agreement where: 1) conditions and/or circumstances at Yakima's facilities present an imminent risk of serious injury or death to City Inmates [Imperiling Conditions]; 2) The City has sent Yakima County written notice by certified mail, return receipt requested describing with reasonable specificity the Imperiling Conditions; and 3) Yakima County has failed to cure the Imperiling Conditions within a reasonable period of time, which, unless the parties agree in writing to a longer period, shall be no more than 30 days after Yakima County receives the City's notice. Termination under this provision shall be effective if and when: 1) after at least 30 days, Yakima County has not cured the Imperiling Condition(s); and 2) The City has removed its Inmates; and 3) The City has given Yakima County formal written notice of final termination under this provision. After Termination under this provision the City shall have no further financial obligations under this Agreement. C. Material Breach: Either parry shall have the right to terminate this Agreement if: 1) the other party is in material breach of any term of this Agreement; 2) the terminating party has sent the breaching party written notice of its intent to terminate this Agreement under this Agreement for Inmate Housing -- 2024 Page 7 section by certified mail, return receipt requested describing with reasonable specificity the basis for the termination; and 3) the breaching party has failed to cure the breach within ninety (90) days, unless the parties agree in writing to a longer cure period. Termination shall be effective upon, and the City shall have no further financial obligations under this Agreement from the date of removal of its Inmates from the Yakima Facility or County's receipt of final notice that the City is terminating the Agreement after the expiration of the cure period, whichever occurs last. 32. Real or Personal Property. It is not anticipated that any real or personal property will be acquired or purchased by the parties solely because of this Agreement. 33. Equal Opportunity. Neither party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief or the presence of any sensory, mental or physical handicap in violation of any applicable federal law, Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12110 et seq.). In the event of the violation of this provision, the other party may terminate this Agreement immediately. 34. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned, or transferred in whole or in part by Yakima County to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Yakima County stated herein. 35. Non -Waiver. The failure of either party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 36. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 37. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any actions, suit, or judicial or administrative proceeding for the enforcement of this Agreement shall be brought and tried in the Federal or Superior Court for the State of Washington. 38. Approval and Filing. Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of each party. The attested signatures of the City, Manager or Mayor and the Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW 39.34.040. 39. General Provisions. Unless otherwise agreed in writing executed by both parties, on and after December 1, 2023, and so long as this Agreement remains in effect, this document constitutes the entire Agreement between the City and Yakima County under which Yakima County houses City Inmates, and no other oral or written agreements between the parties shall affect this Agreement. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. Agreement for Inmate Housing -- 2024 Page 8 Yakima County shall not delegate its duties pertaining to housing City Inmates without the written consent of the City, which consent shall not be withheld unreasonably. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event Yakima County or the City defaults on the performance of any terms of this Agreement and files a lawsuit, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses. This Agreement may be executed in any number of counterparts. 40. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: TO CITY OF FEDERAL WAY: Chief Andy Hwang Federal Way Police Department 33325 8t" Avenue South Federal Way, WA 98003 TO YAKIMA COUNTY:. Jeremy Welch, Director Yakima County Department of Corrections 111 North Front Street Yakima, WA 98901 Alternatively, to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand - delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. Agreement for Inmate Housing -- 2024 Page 9 CITY OF FEDERAL WAY, WASHINGTON By: Mayor Date: Attest: By: City Clerk Approved as to form: By: City Attorney Agreement for Inmate Housing -- 2024 Page 10 ATTACHMENT A MEDICAL ACCEPTABILITY Yakima County shall determine the medical and mental acceptability of inmates for transport using the following excluding criteria: 1. Blood or fluid present at an open wound site or bleeding from an open wound. 2. Signs of untreated broken bones or dislocated joints. 3. Any injury or illness requiring immediate or emergency medical treatment. 4. Unconsciousness. 5. Inmates unable to stand and walk under their own power. 6. Wheelchair bound individuals. 7. Signs of alcohol toxicity and signs of current or recent use of any intoxicants. 8. Signs of alcohol and/or drug withdrawal. 9. Bed bound individuals. 10. Individuals with attached IV or requiring IV medications. 11. Individuals requiring the use of oxygen tanks. 12. AMA (Against Medical Advice) from the hospital. 13. Individuals having had major invasive surgery within the last 72 hours. Non-invasive surgery such as oral surgery, laser -eye surgery and minor surgery may be evaluated on a case by case basis. 14. Post -operative persons who have follow up appointments within the next four weeks. 15. Wounds with drainage tubes attached. 16. Persons with permanent catheters. 17. Open and/or oozing bedsores. 18. Individuals requiring nebulizers who cannot obtain one. 19. Persons with Alzheimer's, dementia, or other psychological conditions to the point where the inmate cannot perform activities of daily living ("ADL's'� or who do not have the capacity to function safely within a correctional environment. 20. Persons who are diagnosed as developmentally delayed and who do not have the capacity to function safely within a correctional environment or who cannot perform ADL's. 21. Female inmates more than 5 months pregnant. Or any female inmate considered a high - risk pregnancy. 22. Persons undergoing chemotherapy and/or radiation treatment. 23. Persons undergoing dialysis. Agreement for Inmate Housing -- 2024 Page 11 24. Persons with the following untreated medical conditions: a) Heart disease b) Seizures disorders c) Insulin dependent diabetes d) Cancer e) Asthma f) Psychosis g) HIV Positive or AIDS 25. Persons who are HIV positive or have AIDS and are taking anti -viral medications. 26. Persons taking Methadone, or Suboxone, a substitute for Methadone. 27. Persons who suffer from mental illness and cannot be housed in general population. 28. Persons with suicidal ideations or gestures within the past 72 hours. 29. Person, if prescribed, have not taken psychotropic medications for at least 72 hours. 30. Persons who have attempted suicide within the last 30 days. 31. Persons who have attempted suicide by overdose or ligature strangulation during current incarceration. 32. Persons displaying a current psychotic episode. 33. Persons requiring CPAP machines as prescribed must be transported with the machine. Agreement for Inmate Housing -- 2024 Page 12 ATTACHMENT B PROPERTY County transport personnel will only accept Inmate property as follows: 1. The property shall be sealed in a single property bag no larger than a common paper grocery bag. 2. Money, valuables, and medications shall be placed in a clear envelope and sealed within the Inmate's property bag. 3. Checks and documents (court, warrants, etc) shall be attached to the outside of the property bag. 4. The transporting officer shall account for the property bag and funds being transported. Yakima County Department of Corrections transport personnel will not accept or transport the following: a) Backpacks, suitcases, etc. b) Unpackaged food products or food products in packaging that has been opened. c) Any type of weapon (includes pocketknives). d) Liquids. e) Any items that will not fit into the property bag. f) Material deemed to be contraband. Yakima County will limit property returned with the Inmate to the City according to these criteria. Agreement for Inmate Housing -- 2024 Page 13 ATTACHMENT C CLASSIFICATION The City shall supply Yakima County with the following Classification related information, if it known to or in possession of the City: 1. If the City Inmate has been classified to a special housing unit and/or if the City Inmate has been classified as protective custody. 2. If the City Inmate is a violent offender or has displayed violent behavior during present or past incarcerations. 3. If the City Inmate is an escape risk. Agreement for Inmate Housing -- 2024 Page 14 ATTACHMENT D BORROWING One contracting city may "borrow" another contracting city's inmate as follows: 1. If a city requests the transport of another contracting city's Inmate from Yakima County, the requesting city must notify each agency with rights to custody of the Inmate, and if each agency with rights to custody of the Inmate notifies Yakima County in writing (e- mail) of its approval, Yakima County shall provide the requested transport. Yakima County will complete a custody transfer form that lists all outstanding detainers. The custody transfer paperwork will accompany the inmate. 2. Once custody of the City Inmate has been transferred to another agency, it is the responsibility of the requesting agency to determine whether the City Inmate shall be returned to the custody of Yakima County, and if so, the requesting agency shall make all necessary and proper arrangements with Yakima County and any agency with rights to custody of the Inmate, for the Inmate's return according to the terms of this Agreement. 3. Yakima County will not track the City Inmate once he or she has left Yakima County's facility. 4. If the Inmate is returned to the custody of Yakima County, the requesting city shall provide Yakima County with sentencing/charge information. The city shall supply all pre - sentence, and post -sentence paperwork from agreeing agencies that authorized the borrowing of the Inmate. This will aid Yakima County in determining split billing and release dates. 5. If the agency requesting to borrow the City Inmate is not a "Contracting Agency," the requesting agency will be responsible to make all transport arrangements including all legal paperwork for the transport with the city of jurisdiction. 6. Yakima County will transport City Inmate only to the originating City of this Agreement. 7. Inmates transported by the City, cannot be borrowed out of YCDOC. Agreement for Inmate Housing -- 2024 Page 15 ATTACHMENT E This attachment only applies to Inmates transported by the YCDOC. WARRANTS/OTHER COURT ORDERS/DETAINERS 1. The following shall apply to City Inmates who are subject to warrants from other jurisdictions or to other court orders for confinement or detainers. When receiving a City Inmate, Transport Officers shall review all paperwork provided by the City for all grounds to hold the Inmate and ensure that this information is entered into Yakima County's JMS and is routed to the Out of County Transport Section Office Specialist. 2. Prior to releasing a City Inmate, Yakima County shall check the NCIC and WACIC systems to determine if the Inmate is subject to any valid warrants or other detainers. a) If the Inmate is subject to a warrant that is limited to the County of the city in this Agreement, YCDOC will, upon receiving written permission (email) from the City, transport the Inmate to the custodial agency for the jurisdiction that issued the warrant. However, Yakima County will not assume responsibility to serve any such warrants. b) If the City Inmate is subject to a warrant from a western Washington jurisdiction outside the City's County, YCDOC will release the Inmate at the location determined by written (email) agreement of the YCDOC and the City under Section 5 of this Agreement. c) If the City Inmate is subject to a warrant from an eastern Washington jurisdiction, YCDOC will send the Inmate to the custodial agency for that jurisdiction on the Mini -Chain. d) If, upon return from YCDOC to the City, the Inmate is subject to a warrant that provides for statewide extradition, YCDOC will send the Inmate to the agency/jurisdiction that issued the warrant on the Mini -Chain. 3. City Inmates who have or are subject to Immigration and Custom Enforcement (ICE) detainers shall be returned to the City, unless Yakima County and the City agree in writing (email) to some other course of action. Agreement for Inmate Housing -- 2024 Page 16 ATTACHMENT F INMATE RELEASE County transport personnel will release City Inmates as follows: 1. Inside a staffed correction or detention facility (jail). 2. Inside a staffed police agency (sally port or other secured area). 3. Outside of a Law Enforcement Agency when agency personnel, telephone access, and weather protection (lobby areas) are available to the released Inmate. 4. City Inmates for whom bail is posted, or who otherwise have a right to be released may, by signed written waiver, choose to remain in custody and return to the City by the regularly scheduled transport, or to be released to a family member or friend picking them up in Yakima. 5, Inmates transported by the City must be picked up at least 12 (twelve) hours prior to the inmate's scheduled release date and time. If the inmate is not picked up before the scheduled release time, the Inmate will be automatically scheduled to be transported, at the City's cost to include the addition of transport fees for all days served on the next available transport to the City. Agreement for Inmate Housing -- 2024 Page 17 I Rate Attachment Sheet YAKIMA COUNTY INMATE HOUSING AGREEMENT - 2024 Detention/Correction Rates: Daily Housing: In consideration of Yakima County's commitment to house City Inmates, the City/County shall pay Yakima County a base rate of $120.00 per day per inmate. Intensive Management Inmates (IMI) who have serious medical, mental health or behavioral conditions and require special housing or treatment, as determined by Yakima County will be housed at a rate of $166.00. Set Bed Agreement: Due to a limited amount of space, should your agency wish to guarantee a certain number of beds, a set bed agreement can be initiated. Agreement for Inmate Housing -- 2024 Page 18 COUNCIL MEETING DATE: February 20, 2024 ITEM #: 7k CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARPA FINANCIAL LITERACY AND WORKFORCE DEVELOPMENT AMENDED GRANT TERMS POLICY QUESTION: Should Council approve two-year contracts for ARPA Financial Literacy and Workforce Development? COMMITTEE: Parks, Recs, Human Services, and Public MEETING DATE: February 13, 2024 Safety CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kim Bachrach Attachments: 1. Staff Report DEPT: Community Development Options Considered: 1. Approve the proposed amended grant terms. 2. Do not approve proposed amended grant terms and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Initial: Date DIRECTOR APPROV InitiaMate COMMITTEE RECOMMENDATION: I move to forward the proposed financial literacy and workforce amended grant terms to the February 20, 2024 consent agenda for approval. Committee Member Committee Member COUNCIL MOTION: "I move approval of the proposed amended financial literacy and workforce t grant terms and authorize the Mayor to execute all contracts " (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: January 23, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Director Sarah Bridgeford, Community Services Manager Kim Bachrach, Human Services Coordinator SUBJECT: ARPA Financial Literacy and Workforce Development Amended Grant Terms Financial Impacts: This proposal will have no financial impacts. Council has previously awarded a total of $243,750.00 in ARPA funding to three agencies, an amount of $81,250.00 for each agency, for financial literacy and workforce development programs. This agenda item only addresses contract terms regarding length of delivery time for programs and does not seek to change any amounts of funding provided. Background Information: In November 2022, City Council approved a proposal to use ARPA funds to support residents in addressing basic needs, youth programming, employment and education, and financial literacy and workforce development. In accordance with the approved plan, staff published Requests for Proposals for programming and activities related to those subject areas, the last of which was for financial literacy and workforce development. The Human Services Commission reviewed applications and made recommendations to City Council in November 2023. Council discussed the recommendations and decided to reduce the grant award amounts, approving $81,250.00 per each of three organizations, which are Casa Latina, FUSION, and the YWCA. Because the reduction to each grant recommendation was significant, the proposed terms of three years and performance measures as provided in the Request for Proposals and as responded to by the organizations are not feasible with the $81,250 grant awards. For this reason, Casa Latina, FUSION, and the YWCA have requested reduced terms of two years and pro -rated performance targets corresponding to the reduction in funding. Since these terms differ from those advertised and previously reviewed by the City, the Commission recommends and staff is seeking Council approval for adjusting these contract terms prior to finalizing the agreements for signature. Rev. 7/18 Recommendation: The Human Services Commission recommends shorter contract lengths and reduced performance measures proportionate to the reduction in grant award amounts as requested by the agencies and as follows: Agency Program Request Funding Requested Residents Approved Contract to be Length Served Casa Workforce $229,321.00 $81,250.00 2 years 90 Latina Program FUSION Poverty Bay $242,586.50 $81,250.00 2 years 20 Case Jobs Training_ $150,000.00 $81,250.00 YWCA YWCA 2 years 50 Economic Empowerment Rev. 7/18 71 COUNCIL MEETING DATE: February 20, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TREE SERVICES CONTRACT AMENDMENT No. 3 POLICY QUESTION: Should the City Council authorize an amendment to the Tree Services contract to add an additional $100,000 in compensation to address increased project costs? COMMITTEE: PRHSPSC MEETING DATE: February 13, 2024 CATEGORY: DQ Consent ❑ Ordinance 0 Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: George Richen DEPT: Parks Department Attachments: 1. Staff Report 2. Tree Services Contract AG 19-115 Amendment Options Considered: 1. Approve the proposed amendment. 2. Do not approve proposed amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: % / ' j e [RECTOR APPROVAL: mmitt Co cil Ini WDate Initial/f] a Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed contract amendment to the February 20, 2024, consent agenda for approval. otnlnittee Chair —Committee Member Committee Member I-Sp PR . P SED COUNCIL MOTION: "I move approval of the proposed contract amendment and authorize the NIc . r to execute the amendment. " (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: January 8, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: John Hutton, Parks Director SUBJECT: Tree Services Contract Amendment No. 3 Financial Impacts: The cost to the City for tree services was included within the approved budget under the Park Department budget number 001-7100-335-576-83-480. In accordance with the approved budget, this item is funded by the General Fund. Upon completion of the tree services contract, future costs will be $100,000.00 due to ongoing costs associated with operations and maintenance. Background Information: Due to higher than anticipated tree service project needs and changes in our climate resulting in increasing service to hazardous trees, the existing Tree Services Contract amount has been depleted substantially. Projects such as the Alderbrook trail restoration ($24K) and the future project of the Hanwoori Korean Garden ($30K estimated), which both will involve tree removal work, will also greatly impact the current contract. Public Works ($11K) and Community Development (4K) have also accrued larger project costs against the current contract. For these reasons, Parks is requesting an amendment to add an additional $100K compensation to the current contract to cover increased project costs from past and future tree service projects. Rev. 7/18 CITY of CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway. com AMENDMENT NO.3 TO MAINTENANCE AGREEMENT FOR TREE SERVICE This Amendment No. 3 is made between the City of Federal Way, a Washington municipal corporation ("City"), and Thundering Oak Enterprises, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Tree Service ("Agreement") dated effective July 1, 2019, and as amended by Amendment No(s). 1 and 2, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-3, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the existing Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 4/2023 CITY OF ,. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffedefalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: THUNDERING OAK ENTERPRISES, INC.: By: Printed Name: Title: Date: STATE OF WASHINGTON ) ) ss. COUNTY OF ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me , to me known to be the of Thundering Oak Ente rises Inc. that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this day of 2024. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT - 2 - 4/2023 CITY of CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoSederalway. com EXHIBIT B-3 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed One Hundred Thousand and 00/100 Dollars ($100,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Four Hundred Seventy -Six Thousand Two Hundred Twenty -Five and 00/100 Dollars ($496,225.00). 2. Method of Compensation: Payment by the City for services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, approximately thirty (30) days after receipt of such billing statement. Hourly rates not to exceed: • Tree feller: $ 125. 00 per hour • Tree climbing work: $ 125. 00 per hour • Grounds person work: $ 115. 00 per hour • Bucket trucks, trucks and chippers rate: (no charge) • Stump grinding rate: $ 150. 00 per hour. • Fee for a certified tree assessment report: $ 140. 00 NOTE: ISA Certified Arborist will always be on site to perform work or supervise. AMENDMENT - 3 - 4/2023 COUNCIL MEETING DATE: February 20, 2024 ITEM #: 7m CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: KING COUNTY YOUTH AND AMATEUR SPORTS GRANT APPLICATION — FREE 2024 YOUTH SUMMER SOCCER CAMPS POLICY QUESTION: Should the City Council authorize staff to apply for a $25,000 grant from the King County Youth and Amateur Sports Grant for the Get Active/Stay Active Program to provide two soccer summer camps in 2024? COMMITTEE: PRHSPS MEETING DATE: February 13, 2024 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kevin Hutchinson, Recreation Manager DEPT: Parks Attachments: 1. Staff Report Options Considered: 1. Authorize staff to apply for the King County Youth and Amateur Sports Grant. 2. Do not authorize and provide direction to staff. MAYOR'S RECOMMEND TION: MAYOR APPROVAL: r �! f S ,DIRECTOR APPROVAL: Comm' ec C( �1J iniiiallOatc [nilial ate lnitia110a1e COMMITTEE RECOMMENDATION: I move to forward the proposed grant application to the February 20, 2024, consent agenda for approval. inittee Chair Committee Member Committee Member PRq6SED COUNCIL MOTION: "I move approval of the proposed grant application of the King County Youth an Amateur Sports Grant. " (BELOW TO BE COMPLETED BY CITY CLERICS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 13, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: John Hutton, Parks Director Kevin Hutchinson, Recreation Manager SUBJECT: King County Youth and Amateur Sports Grant Application — Free 2024 Youth Summer Soccer Camps Financial Impacts: This item was not included within the approved 2024 budget for the Recreation Department. As proposed, it will be funded by the King County Youth and Amateur Sports Grant (YASG) — Get Active/Stay Active Program. Free soccer summer camps would be a one time opportunity for 2024. The City does not have the funds available to run the program again in 2025 without additional grant funding. Background Information: The YASG program is funded and sustained through a one -percent car -rental tax authorized by the State of Washington in 1993. King County Council restructured the program (formerly Youth Sports Facilities Grants) in 2017 to provide Council -directed grants, as well as competitive grants, to non-profit organizations, local governments, Tribes, and school districts. Funding is available for sports and recreation programs and capital projects. If the City receives the grant, the Federal Way Parks and Recreation Department will partner with the Federal Way Soccer Association (FWSA) to provide two free summer soccer camps in 2024. The program will offer a weeklong session for 5-8 year olds and another for 9-12 year olds. The Federal Way Community Center will handle registrations and space for the camps. FWSA will provide coaches and instructors for participants, as well as create a "curriculum" for the weeklong camp. Anticipated registration is 120 participants — a great impact and opportunity for the youth in our community. Rev. 7/18 COUNCIL MEETING DATE: February 20, 2024 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 7n ITEM #: SUBJECT: KING COUNTY YOUTH AND AMATEUR SPORTS GRANT APPLICATION — TEEN OUTDOOR TRIP SERIES POLICY QUESTION: Should the City Council authorize staff to apply for a $25,000 grant from the King County Youth and Amateur Sports Grant for the Get Active/Stay Active Program to provide a 10-week Teen Outdoor Trip Series? COMMITTEE: PRHSPS MEETING DATE: February 13, 2024 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kevin Hutchinson, Recreation Manager DEPT: Parks Attachments: 1. Staff Report Options Considered: 1. Authorize staff to apply for the King County Youth and Amateur Sports Grant. 2. Do not authorize and provide direction to staff. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: DIRECTOR APPROVAL: talbozy mmitt .- unc' ! �� lni[ialli}a[e initial/Date InCoitial ate r COMMITTEE RECOMMENDATION: I move to forward the proposed grant application to the February 20, 2024, consent agenda for approval. ` , L AN -f e hair Committee Member Committee Member PROP COUNCIL MOTION: "I move approval of the proposed grant application of the King County Youth and.1 team Sports Grant. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 13, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: John Hutton, Parks Director Kevin Hutchinson, Recreation Manager SUBJECT: King County Youth and Amateur Sports Grant Application — Teen Outdoor Trip Series Financial Impacts: This item was not included within the approved 2024 budget for the Recreation Department. As proposed, it will be funded by the King County Youth and Amateur Sports Grant (YASG) — Get Active/Stay Active Program. A 10-week Outdoor Teen Trip Series would be a one-time opportunity for 2024. The City is requesting to apply for $20,000. The City does not have the funds available to run the program again in 2025 without additional grant funding. Background Information: The YASG program is funded and sustained through a one -percent car -rental tax authorized by the State of Washington in 1993. King County Council restructured the program (formerly Youth Sports Facilities Grants) in 2017 to provide Council -directed grants, as well as competitive grants, to non-profit organizations, local governments, Tribes, and school districts. Funding is available for sports and recreation programs and capital projects. If the City receives the grant, the Federal Way Parks and Recreation Department will partner with the Communities in Schools to provide a 10-week Outdoor Teen Trip Series. Communities in Schools will help with staffing and identifying interested youth to participate in weekly outdoor -based trips, while the City will provide transportation, planning, and purchasing of tickets or equipment. Rev. 7/18 70 COUNCIL MEETING DATE: February 20, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PARKS & RECREATION COMMISSION 2024 WORK PLAN POLICY QUESTION: Should the City Council approve the Parks & Recreation Commission 2024 Work Plan? COMMITTEE: PRHSPS MEETING DATE: February 13, 2024 CATEGORY: ® . Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason H. Gerwen, Parks Deputy Director DEPT: Parks & Recreation Attachments: 1. Staff Report 2. Parks & Recreation Commission 2024 Work Plan Options Considered: 1. Approve the proposed Parks & Recreation Commission 2024 Work Plan. 2. Do not approve proposed Parks & Recreation Commission 2024 Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: I j Z a F Z5 Z'�IRECCOR APPROVAL: `2,o 1,q Committee Council initi ft7ate Initial/Date Initial/Date 211 COMMITTEE RECOMMENDATION: I move to forward the Parks & Recreation Commission 2024 Work Plan to the February 20, 2024, consent agenda for approval. Chair Committee Member Committee Member PROPOtED COUNCIL MOTION: "I move approval of the proposed Parks & Recreation Commission 2024 Work Plan. " BELOW TO BE COMPLEMP 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: 01 /08/2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason H. Gerwen, Parks Deputy Director SUBJECT: Parks & Recreation Commission 2024 Work Plan Financial Impacts: There are no financial impacts related to approving the Parks & Recreation Commission 2024 Work Plan. Background Information: The Parks and Recreation Commission 2024 Work Plan sets the priorities, goals, and projects for the Commission for the coming year. At the January 4, 2024, Parks & Recreation Commission meeting, commissioners discussed and voted to submit the proposed Parks & Recreation Commission 2024 Work Plan for City Council approval. Two new additions to the work plan for 2024 are the Hanwoori Garden and the Phone in the Woods project. Rev. 7/18 DRAFT CITY OF Parks & Recreation Commission �._. Federa I Way 2024 Work Plan Project Summa /Objectives Commission Tasks When Status 11 1. Tour park playgrounds Annual Playground Improvement of playground equipment in 2. Monitor and participate in playground Equipment Replacement existing parks appropriate for the replacements (Next up: Alderbrook, nd 4th 2 _ 4 qtr. neighborhood Celebration, and Heritage Woods) 3. Prioritization of Funds Support volunteer events in City Parks in conjunction with: 1. Identify and sponsor scheduled volunteer's activities 2024 Volunteer Events Parks Appreciation Day — 4/20/2024 2. Recruit volunteers 2nd - 4th qtr. RWB — 7/4/2024 3. Volunteer at events Serve Day in July Informational updates 4. Booth @ RWB Festival As needed, Steel Lake Shop - 1. Provide input as needed during process Replacement 2. Design & SEPA review 1st-4th qtr. 1. Review current plan Park, Recreation, Open Continue work on new plan so the department 2. Host public meetings/Open Houses to gather information/feedback 1 st - 4th qtr. Space Plan is eligible for grant funding 3. Participate in process, review drafts 4. Forward recommended plan to council 1. Participate in process to develop the scope of the Master Plan process. Master Plan - Brooklake CC Master Plan Brooklake Property 2. Host public meetings/Open Houses to gather information/feedback 1st - 31d qtr. 3. Participate in process, review drafts 4. Forward recommended plan to council 1. Participate in process to develop the scope of the Master Plan process Master Plan - Steel Lake Master Plan Steel Lake Park Property 2. Host -public meetings/Open Houses to 1st - 3rd qtr. Park gather information/feedback 3. Participate in process, review drafts 4. Forward recommended plan to council Recreation/Events Update Inform commission on the programming and events side of the department. 1. Provide input as needed during process 1st & 3rd qtr. Identify and prioritize parks trail repairs. Root Trail Repairs 1. Identify all trails in need of repairs 2. Prioritize order of needed repairs 2nd-4th qtr. damaged trails are a priority 3. Identify or secure funding CITY OF Federal Way Project FWCC Locker Room Renovations Hanwoori Garden Summary/Objectives Informational updates Parks & Recreation Commission 2024 Work Plan Commission Tasks 1. Coordination of complete renovation due to structural issues 2. Provide input as needed during process 1. A collaborative effort between the Federal Way Korean American Association and the City to develop a Korean Garden Park as a symbol of unity between Federal Way and the city's sister city of Donghae in South Korea 2. Provide input as needed during process 1. Form a subcommittee Phone in the Woods Solicit City Council approval to install a phone 2. Tour potential sites and generate a list of in the CFW Parks system for therapeutically potential sites for phone talking to the deceased while grieving. 3. Refine sites to preferred three and act to move forward as a Commission 4. Coordinate presentation to City Council requesting approval 5. Work with staff on actual installation if Council approval is granted Informational updates DRAFT When Status 1 St - 4th qtr. 1 St - 4th qtr. 1 St - 4th qtr. COUNCIL MEETING DATE: February 20, 2024 ITEM #: 7p CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEDERAL WAY COMMUNITY CENTER BOILER REPLACEMENT Policy Question: Should the City Council authorize the City to enter into a Small Public Works contract to replace the boiler at the Federal Way Community Center using funds from the approved operating 2023-24 budget? COMMITTEE: PRHSPSC MEETING DATE: February 13, 2024 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Leif Ellsworth, Community Center Manager DEPT: Parks Attachments: 1. Staff Report 2. Small Public Works Contract Options Considered: 1. Authorize the contract for replacement of the boiler at the Federal Way Community Center. 2. Do not authorize the contract and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL: f 2 a 2 co itle Cauneil Initial/Date lnilial/D a Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the small public works contract to replace the boiler at Federal Way Community Center to the February 20, 2024, City Council consent agenda for approval. " v; e- ZoZ>.-tr- Lil Aes� - omIt 66 t(hair Committee Member Committee Member D COUNCIL MOTION: "I move to authorize the City to enter into a Small Public Works to replace the boiler at the Federal Way Community Center. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 13, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: John Hutton, Parks Director Leif Ellsworth, Community Center Manager SUBJECT: Federal Way Community Center Boiler Replacement Financial Impacts: The total cost for repair and replacement of the Community Center boiler is $55,789. $41,446 will be paid with remaining ARPA funds and the remaining balance of $14,343. will be paid out of the FWCC operating budget. These funds are in the approved biennial budget and will be paid for out of 111-7200-351-575-51-410. Background Information: The boilers were installed in 2007 and are original equipment in the Federal Way Community Center. These boilers have operated since installation, running in a 24-hour capacity and are designed to last 10+ years in a corrosive environment. This request is for the replacement of heat exchanger in boiler number three. The Community Center had three boilers installed at the time of construction. This would ensure redundant operation should a boiler fail. Boiler three has failed and must be replaced so as to not put undo burden on the other two existing boilers. Staff anticipates the replacement will have a similar lifespan as the existing boilers (approximately 10-15 years). Staff anticipates installation of the new heat exchanger will occur approximately sixteen weeks after Council authorization, as heat exchangers are built to order. Rev. 7/18 SMALL PUBLIC WORKS CONTRACT FOR FEDERAL WAY COMMUNITY CENTER BOILER REPLACEMENT This small public works contract ("Contract") is dated effective this day of , 2024 and is made by and between the City of Federal Way, a Washington municipal corporation ("City" or "Owner"), and MacDonald Miller Facility Solutions, LLC., a Washington limited liability company ("Contractor"). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work at The City of Federal Way Community Center, 876 S 333rd St, Federal Way, Washington 98003 ("Property"); and B. The Contractor has the requisite skill and necessary experience to perform such work. NOW, THEREFORE, the Parties ("Parties") agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR 1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, more particularly described as the Federal Way Community Center Boiler Replacement project, in Exhibit "A" attached hereto and incorporated by this reference, ("Work"), and in accordance with and as described in the Contract Documents, which include without limitation, this Contract, Contract Change Order Agreement attached as Exhibit `B," Contractor's Retainage Agreement attached as Exhibit "C," Contractor's Retainage Bond attached as Exhibit "D," Notice to Labor Unions attached as Exhibit "E," Certificate(s) of Insurance Form attached hereto as Exhibit "F," Performance/Payment Bond attached hereto as Exhibit "G," Prevailing Wage Rates attached as Exhibit "H," Title VI Assurances attached hereto as Exhibit "I," and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents"), which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 1.2 Completion Date. The Work shall be commenced within five (5) days of receipt by the Contractor of the City's Notice to Proceed. The Work shall be completed on or before June 6, 2024. In the event the Work is not completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work. 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the traveling public, obstruct traffic, interfere with and delay commerce, and Rev 4/23 - 1 - increase risk to Highway users. Delays also cost tax payers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. Accordingly, the Contractor agrees: 1. To pay liquidated damages in the amount of $200.00 for each working day beyond the number of working days established for Physical Completion, and 2. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. When the Contract Work has progressed to the extent that the Contracting Agency has full use and benefit of the facilities, both from the operational and safety standpoint, all the initial plantings (if applicable) are completed and only minor incidental Work, replacement of temporary substitute facilities, plant establishment periods (if applicable), or correction or repair remains to physically complete the total Contract, the Engineer may determine the Contract Work is substantially complete. The Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, liquidated damages shown above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the Engineer, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors, performed to the City's satisfaction, within the time period prescribed by the City. ` 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permit, inspection or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit `B," which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increase or decrease in the Contractor's Rev 4/23 - 2 - cost of, or time required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the City the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 Utility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. 1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, construction debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. MIMMIUMITILM This Contract shall commence on the effective date of this Contract and continue until the completion of the Work, which shall be no later than June 6, 2024, and the expiration of all warranties contained in the Contract Documents ("Term"). 3. WARRANTY 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the plans and specifications in connection with the completion of the Work. Rev 4/23 - 3 - 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor a fixed fee equal to Fifty -Five Thousand Seven Hundred Eighty -Nine and 27/100 Dollars ($55,789.27), and Washington State sales tax equal to Five Thousand Six Hundred Thirty -Four and 72/100 Dollars ($5,634.72), for a total amount not to exceed Sixty -One Thousand Four Hundred Twenty -Three and 99/100 Dollars ($61,423.99), which amount shall constitute full and complete payment by the City. 4.2 Contractor Responsible for Taxes. the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. Payment by the City for the Work will only be made after the Work has been completed, a voucher or invoice is submitted in the form specified by the City, and such invoice is approved by the appropriate City representative. Payment shall be made within thirty (30) days of receipt of such invoice or voucher unless otherwise set forth in the Bid Form. The Contractor's acceptance of such payment for the Work shall constitute full compensation for the performance of the Work. Invoices shall be submitted, in duplicate to: City of Federal Way ATTN: Accounts Payable 33325 8th Avenue South Federal Way, WA 98003-6325 Duplicate invoices shall be furnished to: City of Federal Way ATTN: Leif Ellsworth Parks Department 33325 8th Avenue South Federal Way, WA 98003-6325 4.5 Retainage. Pursuant to Chapter 60.28 RCW, five percent (5%) of the Total Compensation shall be retained by the City to assure payment of Contractor's state taxes as well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract, Rev 4/23 - 4 - Contractor shall complete, execute and deliver to the City the Contractor's Retainage Option attached hereto as Exhibit "C" or execute the Retainage Bond attached hereto as Exhibit "D." No payments shall be made by the City from the retained percentage fund ("Fund") nor shall the City release any retained percentage escrow account to any person, until the City has received from the Department of Revenue a certificate that all taxes, increases, and penalties due from the Contractor and all taxes due and to become due with respect to the Contract have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the State's lien on the retained percentage. Upon non-payment by the general contractor, any supplier or subcontractor may file a lien against the retainage funds, pursuant to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of any lien within forty-five (45) days of the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall release and pay in full the money held in the Fund, unless the City becomes aware of outstanding claims made against this Fund. 5. EQUAL OPPORTUNITY EMPLOYER In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. Contractor shall post a notice to Labor Unions or other employment organizations, attached hereto as Exhibit "E," as required by Section 202 of Executive Order 11246. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit I. 6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST 6.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; Rev 4/23 - 5 - provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 6.2 If the Contractor is a sole proprietorship or if this is a contract with an individual, the contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 7. TERMINATION Prior to the expiration of the Term, this Contract may be terminated immediately, with or without cause by the City. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers 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 from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney 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 Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating, which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient Rev 4/23 - 6 - pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. (4) If any structures are involved in the Contract, the Contractor shall maintain an All Risk Builder's Risk 2 form at all times in an amount no less than the replacement value of the structure until final acceptance of the project by the City. 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. (3) Coverage shall be primary and non-contributory insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. (4) Coverage shall apply 10 each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an "occurrence" form as opposed to a "claims made" or "claims paid" form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by this Section, in compliance with the Certificate(s) of Insurance Form attached hereto as Exhibit "F," which certificate must be executed by a person authorized by the insurer to bind coverage on its behalf. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self -insured retentions or Rev 4/23 - 7 - procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self -insured retentions. 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non -acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. The provisions of this Section shall survive the expiration or termination of this. Contract with respect to any event occurring prior to such expiration or termination. 10. PERFORMANCE/PAYMENT BOND Pursuant to RCW 39.08.010, Contractor shall post a Performance/Payment Bond in favor of the City, in the form attached to this Contract as Exhibit "G" and incorporated by this reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. Alternatively, pursuant to RCW 39.08.010, at the option of Contractor, if the value of this Contract is less than One Hundred Fifty Thousand Dollars ($150,000.00), the City may, in lieu of a bond, retain ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. 11. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is Rev 4/23 — 8 — likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 12. PREVAILING WAGES 12.1 Wages of Employees. This Contract is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, work persons and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which "prevailing rates of wage" are attached hereto as Exhibit "H" and incorporated- herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates, which are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 12.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Contract do not apply to: (1) Sole owners and their spouses; (2) Any partner who owns at least 30% of a partnership; and (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 12.3 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Contract, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City.. 12.4 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 13. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, or fail to pay for any materials or any insurance premiums, the City may terminate this Contract and/or the Rev 4/23 -- 9 - City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or insurance premiums. 14. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 15. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 16. BOOKS AND RECORDS The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Contract. These records shall be subject at all reasonable times to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Contract. 17. CLEAN UP At any time ordered by the City and immediately after completion of the Work, the Contractor, shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 18.1 Contractor Verification. The Contractor verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an employment security department number as required in Title 50 RCW, if applicable; has a state excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by chapter 70.87 RCW, if applicable. Rev 4/23 - 10 - 18.2 Subcontractor Contracts. The Contractor shall include the language of this section in each of its first -tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 19. GENERAL PROVISIONS 19.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 19.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the. Parties or their respective successors in interest. 19.3 Full Force and Effect. Any provision of this Contract, 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. 19.4 Assi nment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 19.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 19.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of Rev 4/23 - 11 - possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 19.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 19.8 Goveming Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 19.9 Authority. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 19.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor to the City shall be delivered to the Parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 19.11 Captions. The respective captions of the Sections of this Contract 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 Contract. 19.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 19.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 19.14 Conflicting Pro isioiis. In the event of a conflict between the terms and provisions of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. 20. DEBARMENT AND SUSPENSION 20.1 Debarment and Suspension. Contractor certifies that, except as noted below, the firm, association, or corporation or any person in a controlling capacity associated therewith or any position involving the administration of federal funds; is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been Rev 4/23 - 12 - indicted, convicted, or had a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years (Executive Orders 12549 and 12689, "Debarment and Suspension"). 20.2 Subcontract Approval Required, The Contractor shall not subcontract any portion of this Contract without City approval. Said approval must be sought in writing by the Contractor prior to executing a subcontract. The request for approval shall include Certification regarding Debarment and Suspension and verification of Labor and Industries eligibility. If the City approves in writing any subcontract, this Section shall nevertheless continue in full force and effect. Any subcontract without prior approval shall be void and not reimbursable under this contract. 20.3 Verification of Subcontractor's Eli ig bility. - 24 C.F.R. § 5. The Contractor shall maintain records documenting that the Contractor, all subcontractors, and consultants have been determined not to be currently debarred, suspended, denied participation, or declared ineligible to participate in federal government funded programs. DATED the.day and year set forth above. CITY OF FEDERAL WAY: Jim Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98003-6325 APPROVED AS TO FORM: ATTEST: J. Ryan Call, City Attorney Stephanie Courtney, CMC, City Clerk Rev 4/23 - 13 - MACDONALD-MILLER FACILITY SOLUTIONS, LLC.: IIn Its: (Address) (Phone) STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me , to me known to be the of MacDonald -Miller Facility Solutions LLC. that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument. GIVEN under my hand and official seal this day of _ , 2024. Notary's signature Notary's printed name Notary Public in and Washington. My commission expires_ Rev 4/23 - 14 - for the State of EXHIBIT "A" SCOPE OF WORK 1. The Contractor Shall do or Provide the following: a. Acquire all parts necessary to perform the Work as described below b. Removal and dispose of defective heat exchanger from boiler 1.3 c. Replace Heat exchanger ssov actuator, and associated gaskets or fittings on boiler d. Verify proper operation once heat exchanger installed e. Should issues arise during installing, or additional work needed is identified, such additional work must be quoted and a change order approved by the City prior to commencement. Rev 4/23 - 15 - EXHIBIT "B" CONTRACT CHANGE ORDER AGREEMENT PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE PROJECT TITLE SUMMARY OF PROPOSED CHANGES: CONTRACTOR The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? If "Yes" Will the Policies Be Extended? PRICE CHANGE LUMP SUM: INCREASE $ UNIT PRICE: ❑ Yes ❑No ❑ Yes ❑ No DECREASE $ THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $ DECREASE $ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ *ADJUSTMENTS $ NEW CONTRACT AMOUNT $ CONTRACTOR'S SIGNATURE DATE DIRECTOR'S SIGNATURE DATE Rev 4/23 — 16 — ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED ❑ DECREASED PAY THIS ADJUSTED AMOUNT: DIRECTOR'S SIGNATURE DATE Rev 4/23 — 17 — EXHIBIT "C" CONTRACTOR'S RETAINAGE OPTION IDENTIFICATION AND DESCRIPTION Project Title: FEDERAL WAY COMMUNITY CENTER BOILER REPLACEMENT RFB No: N/A Contractor: MACDONALD-MILLER FACILITY SOLUTIONS, LLC. GENERAL REQUIREMENTS 1. In accordance with applicable State Statutes, a contract retainage not to exceed five percent of the moneys earned by the contractor will be reserved by the City. 2. All investments selected are subject to City approval. 3. The final disposition of the contract retainage will be made in accordance with applicable State Statutes. CONTRACTOR'S INSTRUCTIONS Pursuant to RCW 60.28.011 I hereby notify the City of Federal Way of my instructions for the retainage withheld under the terms of this contract: 0 Option 1: Retained in a fund by the City of Federal Way. No interest will be paid to the contractor. 0 Option 2: Deposited in an interest -bearing account in a bank, mutual savings bank, or savings and loan association. Interest paid to the contractor. Contractor shall have the bank (or other) execute a separate "City of Federal Way Retainage Bank Acceptance Agreement" upon contract award. The City will provide the agreement to the Contractor if this option is selected. 0 Option 3: Placed in escrow with a bank or trust company. Contractor shall execute, and have escrow account holder execute a separate "City of Federal Way Construction Retainage Escrow Agreement" upon contract award. The City will provide the agreement to the Contractor if this option is selected. All investments are subject to City approval. The cost of the investment program, and risk thereof, is to be borne entirely by the contractor. Cl Option 4: Contractor shall submit a "Retainage Bond" on City -provided form (Exhibit D of this Agreement). Contractor Signature Date Rev 4/23 — 18 — EXHIBIT "D" RETAINAGE BOND TO CITY OF FEDERAL WAY FEDERAL WAY COMMUNITY CENTER BOILER REPLACEMENT KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned, MacDonald Miller Facility Solutions, LLC., as principal ("Principal'), and , a Corporation organized and existing under the laws of the State of as a surety Corporation, and qualified under the laws of the State of Washington to become surety upon bonds of Contractors with Municipal Corporations, as surety ("Surety', are jointly and severally held and firmly bonded to the City of Federal Way ("City' in the penal sum of: ($ ) for the payment of which sum we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. A. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. B. Pursuant to proper authorization, the Mayor is authorized to enter into a certain contract with the Principal, providing for the Federal Way Community Center Boiler Replacement Project, which contract is incorporated herein by this reference ("Contract', and C. Pursuant to State law, Chapter 60.28 RCW, the City is required to reserve from the monies earned by the Principal pursuant to the contract, a sum not to exceed five percent (5%), said sum to be retained by the City as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or material men who shall perform any labor upon such contract or the doing of such work, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and the State with the respect to taxes imposed pursuant to Title 82 RCW which may be due from said Principal. Every person performing labor or furnishing supplies towards completion of said improvement or work shall have a lien on said monies so reserved, provided that such notice of the lien of such claimant shall be given in the manner and within the time provided in RCW 39.08.030 as now existing and in accordance with any amendments that may hereafter be provided thereto; and D. State law further provides that with the consent of the City, the Principal may submit a bond for all or any portion of the amount of funds retained by the public body in a form acceptable to the public body conditioned upon such bond any proceeds therefrom being made subject to all claims and liens and in the same manner and priority as set forth retained percentages pursuant to Chapter 60.28 RCW; and E. The Principal has accepted, or is about to accept, the Contract, and undertake to perform the work therein provided for in the manner and within the time set forth, for the amount of $61,423.99; and F. The City is prepared to release any required retainage money previously paid by the Principal prior to acceptance and successful operation and fulfillment of all other terms of said contract upon being indemnified by these presents, NOW, THEREFORE, if the Principal shall perform all the provisions of the Contract in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Contract, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and if the Principal shall pay to the State all taxes imposed pursuant to Title 82 RCW which may be due from such Principal as a result of this contract then and in the event this obligation shall be void; but otherwise it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Contract or to the Work. Rev 4/23 — 19 - The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Retainage Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Contract, the Surety shall make written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return,'without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation to resolve said dispute. The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by Judicial Dispute Resolution, LLC, 1425 Fourth Avenue, Suite 300, Seattle, Washington 98101. The Surety shall not interplead prior to completion of the mediation. The parties have executed this instrument under their separate seals this day of , 20_, the name and corporate seal of each corporate party hereto affixed, and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. CORPORATE SEAL: CORPORATE SEAL: Rev 4/23 — 20 - PRINCIPAL By: Title: Address: SURETY By: Attorney -in -Fact (Attach Power of Attorney) Title: Address: CERTIFICATES AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, was of said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the within bond; that , who signed the said bond on behalf of the Surety, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary APPROVED AS TO FORM: I Ryan Call, City Attorney Rev 4/23 - 21 - TO: EXHIBIT "E" NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT (Name of Union or Organization) The undersigned currently holds contract(s) with involving funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This . obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Complaints may be submitted to: City of Federal Way 33325 8t' Avenue South Federal Way, WA 98003 (Contractor or subcontractor) Date Rev 4/23 - 22 - EXHIBIT "F" CERTIFICATE OF INSURANCE Rev 4/23 - 23 - EXHIBIT "G" CITY OF FEDERAL WAY PERFORMANCE/PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned , ("Principal") and the undersigned corporation organized and existing under the laws of the State of and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ("City") in the penal sum of Dollars and no/100 ($, ) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated , 20 for NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement within a period of one (1) year after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. Rev 4/23 — 24 — In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation to resolve said dispute. The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by Judicial Dispute Resolution, LLC, 1425 Fourth Avenue, Suite 300, Seattle, Washington 98101. The Surety shall not interplead prior to completion of the mediation. DATED this _ day of 20_ CORPORATE SEAL OF PRINCIPAL: PRINCIPAL By: _ Its: (Address) (Phone) CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. CORPORATE SEAL OF SURETY: APPROVED AS TO FORM: J. Ryan Call, City Attorney Rev 4/23 - 25 - Secretary of Assistant Secretary SURETY By: Attorney -in -Fact (Attach Power of Attorney) (Name of Person Executing Bond) (Address) (Phone) County Trade Plumbers & King Pipefitters EXHIBIT "H" PREVAILING RATE OF WAGE Job Classification Wage Holiday Overtime Notes Journey Level $100.69 6Z Rev 4/23 - 26 -- 1G EXHIBIT "I" TITLE VI ASSURANCES During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor's agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub -contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. S. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the Rev 4/23 - 27 - contractor under the contract until the contractor complies, and/or; Cancellation, termination, or suspension of the contract, in whole or in part 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. Rev 4/23 - 28 - COUNCIL MEETING DATE: February 20, 2024 ITEM #: 7q_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEDERAL WAY COMMUNITY CENTER SLIDE & SPA PUMP REPLACEMENT Policy Question: Should the City Council authorize staff to enter into a small public works contract to purchase and install the slide and spa pumps at Federal Way Community Center utilizing funds from the approved 2023-24 budget? COMMITTEE: PRHSPSC MEETING DATE: February 13, 2024 CATEGORY: ® Consent ❑ Ordinance ❑[, Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Leif Ellsworth, Community Center Manager DEPT: Parks Attachments: 1. Staff Report 2. Small Public Works Contract Options Considered: 1. Authorize the contract for purchase and installation of the slide and spa pumps at the Federal Way Community Center. 3. Do not authorize the contract and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: f IRECTOR APPROVAL: a z,Y Com rtt LtialMl Luti.l+Date InifialfDa c Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the small public works contract to purchase and install the slide and spa pumps at Federal Way Community Center to the February 20, 2024, City Council consent agenda for approval. " Chair Committee Member Committee Member PRO*)4ED COUNCIL MOTION: "I move to authorize the City to enter into a Small Public Works contract to purchase and install the slide and spa pumps at the Federal Way Community Center. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 13, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: John Hutton, Parks Director Leif Ellsworth, Community Center Manager SUBJECT: Federal Way Community Center Slide & Spa Pumps Replacement Financial Impacts: The total cost for replacement of the Community Center slide and spa jet pumps is $29,708.78. These funds are in the approved 2023-2024 biennial budget and will be paid for out of the FWCC operating budget 111-7200-351-575-51-410. Background Information: The pool pumps were installed in 2007 and are original equipment in the Federal Way Community Center. The pumps have operated since installation, running in a 24-hour capacity and are designed to last 10+ years in this corrosive environment. This request is for the purchase and installation of the hot tub/spa jet pump and motor that controls the bubble jets and also the purchase of and replacement of the slide pump that supplies water to the slide flume. Staff anticipates the replacement pumps will have a similar lifespan to the existing pumps. Staff anticipates installation in approximately twelve weeks. The reason for the extended lead time is the NSF 50 safety regulation that requires these pumps to be epoxy coated to extend their useful life. Rev. 7/18 SMALL PUBLIC WORKS CONTRACT FOR FEDERAL WAY COMMUNITY CENTER SLIDE AND SPA PUMP REPLACEMENT This small public works contract ("Contract") is dated effective this day of , 2024 and is made by and between the City of Federal Way, a Washington municipal corporation ("City" or "Owner"), and ORCA Pacific, Inc., a Washington Corporation ("Contractor"). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work at the Federal Way Community Center, 876 S 333rd St, Federal Way, Washington 98003 ("Property"); and B. The Contractor has the requisite skill and necessary experience to perform such work. NOW, THEREFORE, the Parties ("Parties") agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR 1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, more particularly described as the Federal Way Community Center Slide and Spa Pump Replacement project, in Exhibit "A" attached hereto and incorporated by this reference, ("Work"), and in accordance with and as described in the Contract Documents, which include without limitation, this Contract, Contract Change Order Agreement attached as Exhibit `B," Contractor's Retainage Agreement attached as Exhibit "C," Contractor's Retainage Bond attached as Exhibit "D," Notice to Labor Unions attached as Exhibit "E," Certificate(s) of Insurance Form attached hereto as Exhibit "F," Performance/Payment Bond attached hereto as Exhibit "G," Prevailing Wage Rates attached as Exhibit "H," Title VI Assurances attached hereto as Exhibit "I," and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents"), which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 1.2 Completion Date. The Work shall be commenced within five (5) days of receipt by the Contractor of the City's Notice to Proceed. The Work shall be completed on or before May 6, 2024. In the event the Work is not completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work. 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the traveling public, obstruct traffic, interfere with and delay commerce, and Rev 4/23 — 1 — increase risk to Highway users. Delays also cost tax payers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. Accordingly, the Contractor agrees: 1. To pay liquidated damages in the amount of $200.00 for each working day beyond the number of working days established for Physical Completion, and 2. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. When the Contract Work has progressed to the extent that the Contracting Agency has full use and benefit of the facilities, both from the operational and safety standpoint, all the initial plantings (if applicable) are completed and only minor incidental Work, replacement of temporary substitute facilities, plant establishment periods (if applicable), or correction or repair remains to physically complete the total Contract, the Engineer may determine the Contract Work is substantially complete. The Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, liquidated damages shown above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the Engineer, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors, performed to the City's satisfaction, within the time period prescribed by the City. 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including but not limited to- all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permit, inspection or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit `B," which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increase or decrease in the Contractor's Rev 4/23 - 2 - cost of, or time required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the City the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 U_ tility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. 1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, construction debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. 2. TERM This Contract shall commence on the effective date of this Contract and continue until the completion of the Work, which shall be no later than May 6, 2024, and the expiration of all warranties contained in the Contract Documents ("Term"). WARRANTY 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the plans and specifications in connection with the completion of the Work. Rev 4/23 — 3 — 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor a fixed fee equal to Twenty -Six Thousand Nine Hundred Eighty -Three and 45/100 Dollars ($26,983.45), and Washington State sales tax equal to Two Thousand Seven Hundred Twenty -Five and 33/100 Dollars ($2,725.33), for a total amount not to exceed Twenty -Nine Thousand Seven Hundred Eight and 78/100 Dollars ($29,708.78), which amount shall constitute full and complete payment by the City. 4.2 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. Payment by the City for the Work will only be made after the Work has been completed, a voucher or invoice is submitted in the form specified by the City, and such invoice is approved by the appropriate City representative. Payment shall be made within thirty (30) days of receipt of such invoice or voucher unless otherwise set forth in the Bid Form. The Contractor's acceptance of such payment for the Work shall constitute full compensation for the performance of the Work. Invoices shall be submitted, in duplicate to: City of Federal Way ATTN: Accounts Payable 33325 8th Avenue South Federal Way, WA 98003-6325 Duplicate invoices shall be furnished to: City of Federal Way ATTN: Leif Ellsworth Parks Department 33325 8th Avenue South Federal Way, WA 98003-6325 4.5 Retainage. Pursuant to Chapter 60.28 RCW, five percent (5%) of the Total Compensation shall be retained by the City to assure payment of Contractor's state taxes as well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract, Rev 4/23 — 4 — Contractor shall complete, execute and deliver to the City the Contractor's Retainage Option attached hereto as Exhibit "C" or execute the Retainage Bond attached hereto as Exhibit "D." No payments shall be made by the City from the retained percentage fund ("Fund") nor shall the City release any retained percentage escrow account to any person, until the City has received from the Department of Revenue a certificate that all taxes, increases, and penalties due from the Contractor and all taxes due and to become due with respect to the Contract have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the State's lien on the retained percentage. Upon non-payment by the general contractor, any supplier or subcontractor may file a lien against the retainage funds, pursuant to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of any lien within forty-five (45) days of the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall release and pay in full the money held in the Fund, unless the City becomes aware of outstanding claims made against this Fund. 5. EQUAL OPPORTUNITY EMPLOYER In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. Contractor shall post a notice to Labor Unions or other employment organizations, attached hereto as Exhibit "E," as required by Section 202 of Executive Order 11246. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibilityy for further City. agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit I. 6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST 6.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; Rev 4/23 - 5 - provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 6.2 If the Contractor is a sole proprietorship or if this is a contract with an individual, the contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 7. TERMINATION Prior to the expiration of the Term, this Contract may be terminated immediately, with or without cause by the City. 8. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers 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 from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the. Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney 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 Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating, which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient Rev 4/23 — 6 — pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. (4) If any structures are involved in the Contract, the Contractor shall maintain an All Risk Builder's Risk 2 form at all times in an amount no less than the replacement value of the structure until final acceptance of the project by the City. 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. (3) Coverage shall be primary and non-contributory insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an "occurrence" form as opposed to a "claims made" or "claims paid" form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by this Section, in compliance with the Certificate(s) of Insurance Form attached hereto as Exhibit "F," which certificate must be executed by a person authorized by the insurer to bind coverage on its behalf. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for, subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self -insured retentions or Rev 4/23 — 7 — procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self -insured retentions. 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non -acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 10. PERFORMANCE/PAYMENT BOND Pursuant to RCW 39.08.010, Contractor shall post a Performance/Payment Bond in favor of the City, in the form attached to this Contract as Exhibit "G" and incorporated by this reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. Alternatively, pursuant to RCW 39.08.010, at the option of Contractor, if the value of this Contract is less than One Hundred Fifty Thousand Dollars ($150,000.00), the City may, in lieu of a bond, retain ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. 11. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is Rev 4/23 - 8 -- likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 12. PREVAILING WAGES 12.1 Wages of Employees. This Contract is subject to the -minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, work persons and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial - Statistician of the Department of Labor and Industries of the State of Washington, which "prevailing rates of wage" are attached hereto as Exhibit "H" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates, which are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 12.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Contract do not apply to: (1) Sole owners and their spouses; (2) Any partner who owns at least 30% of a partnership; and (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 12.3 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Contract, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 12.4 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 13. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, or fail to pay for any materials or any insurance premiums, the City may terminate this Contract and/or the Rev 4/23 - 9 - City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or insurance premiums. 14. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 15. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 16. BOOKS AND RECORDS The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Contract. These records shall be subject at all reasonable times to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Contract. 17. CLEAN UP At any time ordered by the City and immediately after completion of the Work, the Contractor, shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 18.1 Contractor Verification. The Contractor verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an employment security department number as required in Title 50 RCW, if applicable; has a state excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by chapter 70.87 RCW, if applicable. Rev 4/23 - 10 - 18.2 Subcontractor Contracts. The Contractor shall include the language of this section in each of its first -tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used. for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 19. GENERAL PROVISIONS 19.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 19.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 19.3 Full Force and Effect. Any provision of this Contract, 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. 19.4 Assent. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 19.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 19.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of Rev 4/23 - 11 1 - possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 19.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 19.8 Governing. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 19.9 Atithority. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 19.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor to the City shall be delivered to the Parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 19.11 Captions. The respective captions of the Sections of this Contract 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 Contract. 19.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 19.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 19.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. DATED the day and year set forth above. [signature pages to follow] Rev 4/23 - 12 - CITY OF FEDERAL WAY: Jim Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98003-6325 APPROVED AS TO FORM: ATTEST: J. Ryan Call, City Attorney Stephanie Courtney, CMC, City Clerk Rev 4/23 - 13 - ORCA PACIFIC, INC.: LIN Its: STATE OF WASHINGTON ) ) ss. COUNTY OF ) (Address) (Phone) On this day personally appeared before me , to me known to be the of ORCA Pacific. Inc. that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this day of , 20 . Notary's signature Notary's printed name. Notary Public in and for the State of Washington. My commission expires Rev 4/23 - 14 - EXHIBIT "A" SCOPE OF WORK 1. The Contractor Shall do or Provide the following: a. Obtain all parts required to perform the Work as described below b. Removal and disposal of existing spa and slide pump. c. Install and replace the spa pump and slide pump including all applicable plumbing and fittings. d. Verify installed pumps are operating properly and in good working condition after installation, including ensuring proper pressure and no leaks are present. e. Should issues arise during installing, or additional work needed is identified, such additional work must be quoted and a change order approved by the City prior to commencement. Rev 4/23 - 15 - EXHIBIT `B" CONTRACT CHANGE ORDER AGREEMENT PROJECT NUMBER CHANGE ORDER NUMBER PROJECT TITLE SUMMARY OF PROPOSED CHANGES: EFFECTIVE DATE CONTRACTOR The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? 'If "Yes" Will the Policies Be Extended? PRICE CHANGE LUMP SUM: INCREASE $ UNIT PRICE: ❑ Yes ❑No ❑ Yes ❑No DECREASE $ THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $ DECREASE $ STATEMENT: Payment for the above work will be in .accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ *ADJUSTMENTS $ NEW CONTRACT AMOUNT $ CONTRACTOR'S SIGNATURE DATE Rev 4/23 — 16 — DIRECTOR'S SIGNATURE DATE ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED $ ❑ DECREASED $ PAY THIS ADJUSTED AMOUNT: $ DIRECTOR'S SIGNATURE DATE Rev 4/23 17 — EXHIBIT "C" CONTRACTOR'S RETAINAGE OPTION IDENTIFICATION AND DESCRIPTION Project Title: FEDERAL WAY COMMUNITY CENTER SLIDE AND SPA PUMP REPLACEMENT RFB No: N/A Contractor: ORCA PACIFIC, INC GENERAL REQUIREMENTS 1. In accordance with applicable State Statutes, a contract retainage not to exceed five percent of the moneys earned by the contractor will be reserved by the City. 2. All investments selected are subject to City approval. 3. The final disposition of the contract retainage will be made in accordance with applicable State Statutes. CONTRACTOR'S INSTRUCTIONS Pursuant to RCW 60.28.011 I hereby notify the City of Federal Way of my instructions for the retainage withheld under the terms of this contract: 0 Option 1: Retained in a fund by the City of Federal Way. No interest will be paid to the contractor. 0 Option 2: Deposited in an interest -bearing account in a bank, mutual savings bank, or savings and loan association. Interest paid to the contractor. Contractor shall have the bank (or other) execute a separate "City of Federal Way Retainage Bank Acceptance Agreement" upon contract award. The City will provide the agreement to the Contractor if this option is selected. 0 Option 3: Placed in escrow with a bank or trust company. Contractor shall execute, and have escrow account holder execute a separate "City of Federal Way Construction Retainage Escrow Agreement" upon contract award. The City will provide the agreement to the Contractor if this option is selected. All investments are subject to City approval. The cost of the investment program, and risk thereof, is to be borne entirely by the contractor. 0 Option 4: Contractor shall submit a "Retainage Bond" on City -provided form (Exhibit D of this Agreement). Contractor Signature Date Rev 4/23 — 18 — EXHIBIT "D" RETAINAGE BOND TO CITY OF FEDERAL WAY FEDERAL WAY COMMUNITY CENTER SLIDE AND SPA PUMP REPLACEMENT KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned, ORCA Pacific, Inc. , as principal ("Principal'), and , a Corporation organized and existing under the laws of the State of _ as a surety Corporation, and qualified under the laws of the State of Washington to become surety upon bonds of Contractors with Municipal Corporations, as surety ("Surety', are jointly and severally held and firmly bonded to the City of Federal Way ("City' in the penal sum of: ($ ) for the payment of which sum we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. A. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. B. Pursuant to proper authorization, the Mayor is authorized to enter into a certain contract with the Principal, providing for the Federal Way Community Center Slide and Spa Pump Replacement Project, which contract is incorporated herein by this reference ("Contract'), and C. Pursuant to State law, Chapter 60.28 RCW, the City is required to reserve from the monies earned by the Principal. pursuant to the contract, a sum not to exceed five percent (5%), said sum to be retained by the City as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or material men who shall perform any labor upon such contract or the doing of such work, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and the State with the respect to taxes imposed pursuant to Title 82 RCW which may be due from said Principal. Every person performing labor or furnishing supplies towards completion of said improvement or work shall have a lien on said monies so reserved, provided that such notice of the lien of such claimant shall be given in the manner and within the time provided in RCW 39.08.030 as now existing and in accordance with any amendments that may hereafter be provided thereto; and D. State law further provides that with the consent of the City, the Principal may submit a bond for all or any portion of the amount of funds retained by the public body in a form acceptable to the public body conditioned upon such bond any proceeds therefrom being made subject to all claims and liens and in the same manner and priority as set forth retained percentages pursuant to Chapter 60.28 RCW; and E. The Principal has accepted, or is about to accept, the Contract, and undertake to perform the work therein provided for in the manner and within the time set forth, for the amount of $29,708.78; and F. The City is prepared to release any required retainage money previously paid by the Principal prior to acceptance and successful operation and fulfillment of all other terms of said contract upon being indemnified by these presents, NOW, THEREFORE, if the Principal shall perform all the provisions of the Contract in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Contract, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and if the Principal shall pay to the State all taxes imposed pursuant to Title 82 RCW which may be due from such Principal as a result of this contract then and in the event this obligation shall be void; but otherwise it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Contract or to the Work. Rev 4/23 - 19 The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Retainage Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Contract, the Surety shall make written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety, shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation to resolve said dispute. The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by Judicial Dispute Resolution, LLC, 1425 Fourth Avenue, Suite 300, Seattle, Washington 98101. The Surety shall not interplead prior to completion of the mediation. The parties have executed this instrument under their separate seals this day of 20_, the name and corporate seal of each corporate party hereto affixed, and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. CORPORATE SEAL: CORPORATE SEAL: Rev 4/23 - 20 - PRINCIPAL By: Title: Address: SURETY By: Attorney -in -Fact (Attach Power of Attorney) Title: Address: CERTIFICATES AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, was of said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the within bond; that. , who signed the said bond on behalf of the Surety, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary APPROVED AS TO FORM: I Ryan Call, City Attorney Rev 4/23 — 21 — TO: EXHIBIT "E" NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT (Name of Union or Organization) The undersigned currently holds contract(s) with involving funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Complaints may be submitted to: City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 (Contractor or subcontractor) Date Rev 4/23 — 22 — EXHIBIT "F" CERTIFICATE OF INSURANCE Rev 4/23 - 23 - EXHIBIT "G" CITY OF FEDERAL WAY PERFORMANCE/PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned , ("Principal") and the undersigned corporation organized and existing under the laws of the State of and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ("City") in the penal sum of Dollars and no/100 {$ ] for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated , 20 for NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement within a period of one (1) year after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, riot to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing, the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. Rev 4/23 — 24 In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation to resolve said dispute. The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by Judicial Dispute Resolution, LLC, 1425 Fourth Avenue, Suite 300, Seattle, Washington 98101. The Surety shall not interplead prior to completion of the mediation. DATED this _ day of 20_ CORPORATE SEAL OF PRINCIPAL: PRINCIPAL By: _ Its: (Address) (Phone) CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. CORPORATE SEAL OF SURETY: APPROVED AS TO FORM: J. Ryan Call, City Attorney Rev 4/23 - 25 - Secretary of Assistant Secretary SURETY By: Attorney -in -Fact (Attach Power of Attorney) (Name of Person Executing Bond) (Address) (Phone) County Trade Plumbers & King Pipefitters EXHIBIT "H" PREVAILING RATE OF WAGE Job Classification Wage Holiday Overtime Notes Journey Level $100.69 6Z Rev 4/23 - 26 - 1G EXHIBIT "I" TITLE VI ASSURANCES During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor') agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub -contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. S. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the Rev 4/23 27 - contractor under the contract until the contractor complies, and/or; Cancellation, termination, or suspension of the contract, in whole or in part 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. Rev 4/23 - 28 - County Trade Job Classificati Wage Holiday Overtime Notes King Plumbers f Journey Level $100.69 6Z 1G 8a COUNCIL MEETING DATE: FEBRUARY 20' 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEDERAL LEGISLATIVE PRIORITIES FOR 2024 POLICY QUESTION: Should the City of Federal Way adopt the draft of the Federal Legislative Priorities for 2024? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Tanja Carter, Director DEPT: Economic Development Attachments: 1. Staff Report 2. Attachments: Draft Memorandum "2024 Federal Priorities & Meetings with Congressional Staff' Options Considered: 1. Approve the proposed Federal Legislative Priorities for 2024. 2. Do not approve proposed Federal Legislative Priorities for 2024 and provide direction to staff. MAYOR'S RECOMMEN IO :Option 1. MAYOR APPROVAL: per`�'yIRECTOR APPROVAL: Cnm iuee aunci t7'�' Date inhial Dale nit I, it: COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Federal Legislative Priorities for 2024. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: © APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 20, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor �W, FROM: Tanja Carter, Economic Development Director1 SUBJECT: Federal Legislative Priorities 2024 Overview The City has engaged with Van Ness Ness Feldman to support advocacy of Federal Way Priorities to our Federal Legislative Delegation. Members of the City Council will attend the National League of Cities conference in Washington D.C. at the beginning of March 2024 and plan to present the Federal Delegation with our Federal Way priorities which also dovetail in to existing Federal Legislative Delegation priorities. What are Council Federal Legislative Priorities for 2024? A memorandum from Van Ness Feldman including talking points is included in the packet What is goal of Federal Legislative Priorities? To support our Federal Delegation in the areas that our City priorities overlap with theirs as well as apply for federal funding What is our strategy? This is a long-term strategy and will take time. We wish to continue to build a relationship with our Federal Delegation, elevate and align programs we've identified in our City priorities with the federal priorities. Will we apply for other funding sources in addition to the federal funding to fund these programs? The City has engaged with Collaborative Partners Initiative to support in creating a City wide "pilot" grant program. This includes a standard operating procedure (SOP) on, applying for and accepting grants from private and public sources. The projects that the City will apply to receive grant funding for are identified in collaboration with the City's Finance department. What programs will be aligned with which Federal Delegation Member? Examples of opportunities the City is presenting which align with federal priorities are: Rev. 7/18 Murray - Childcare and Community Space, Cantwell — Emergency management and equipment If there is a DOT program why aren't we applying for any of our transportation programs? WSDOT is our advocate on these program & public works work thru them Why these programs to these delegates? The delegation has specific programs they fund and some of our shovel ready programs fit into them. Not every program translates to an earmark since it may not fit into the accounts of appropriations. In other words, certain programs are open to earmark requests. Where do we package or present council priorities to our Federal Delegation? We are submitting funding applications now through the Federal offices and committees. Council will also separately meet with Federal Delegation offices to talk about council priorities (either collectively with other cities or Federal Delegation schedules permitting - alone). During the meetings Council will use the prepared talking points to discuss funding applications and explain our position. Rev. 7/18 VanNess Feldman LLP MEMORANDUM TO: Federal Way City Council FROM: Richard Agnew Luke Sullivan DATE: February 20, 2024 2000 Pennsylvania Ave., NW Suite 6000 Washington, DC 20006 202-298-1800 RE: 2024 Federal Priorities & Meetings with Congressional Delegation Purpose: Continue to update the Congressional delegation on progress in the city with respect to community needs, modernization of civic center facilities, transportation and the overall vision for development of Federal Way as an important South Sound hub. Dates: March 11-13, 2024 Attendees: Mayor Jim Ferrell Council President Linda Kochmar Councilmember Lydia Assefa-Dawson Councilmember Paul McDaniel Councilmember Susan Honda Councilmember Hoang V. Tran Councilmember Jack Walsh Councilmember Jack Dovey Schedule ***Additional details will be added to schedule. *** March 12, 2024 4:00-4:30 PM ET Meeting with Coiiaressman Smith Priorities: 1. Funding for Celebration Park turf fields 2. TC-3 Civic and Community Space U— Ich 13,:=4 _ 3:00-3:30 PM ET Meeting with Senator Murray Priorities: 1. Funding for local neighborhood -based childcare 2. Funding for the Community Center Facility rehabilitation Washington, DC I Seattle I Bay Area I Houston I Louisiana I vnIcom 3:30-4:00 PM ET Meeting with Assistant Secretary_ Castillo TBD Meeting with Senator Cantwell Re uested Overview Overall Goals • Ensure that the City is front of mind for the delegation and that they understand the need to update how they think of the City. • Set the City up for success on its 2024 federal priorities. • Establish working relationships with key congressional staff. ■ Identify potential sources of funding and next steps for priority items. City of Federal Way 2024 Federal Priorities TC-3 Civic and Community Space The City successfully secured an earmark in the FFY 2024 House Transportation Appropriations bill for partial funding of a community space at TC-3, but all federal appropriations bills are stalled and not yet finished. • Original request: $4 million • Rep. Smith request as submitted to House Appropriations Committee: $2.5 million. • Sen. Cantwell request as submitted to Senate Appropriations Committee: $4 million. • FY 2024 House spending bill (Transportation/HUD): $850,000 was approved in the House bill. • No amount was included in Senate bills for the community space. Recommendation: The City should seek advice from Congressman Smith whether he wants to request this amount again in next year's Appropriations bills (FFY 2025). Also, monitor final actions on the pending appropriations bill to determine if the pending $850,000 for TC-3 survives the final consideration in early March. Community Center Facility Rehabilitation Our delegation District staff has expressed an interest in seeking funding for the repair and rehabilitation of the locker rooms and other areas at the Community Center. Staff recently toured the site, and are considering ways to help the project funding including either grant assistance or possibly a Congressionally Directed Spending (CDS) request. The City would not be able to receive funding for the Community Center and the TC-3 site from the same Member of Congress from CDS accounts as both involve community facilities. However, since the fate of the TC-3 funding is still uncertain, the City can submit Federal Way City Council - 2 - February 20, 2024 funding requests for the Community Center rehabilitation and the TC-3 site when the requests are due later this month. Recommendation: Emphasize the multi -purpose nature of the Community Center facility which performs a large number of educational and human services functions. Explore whether the request can sufficiently emphasize community services (not just recreation or locker rooms) to meet CDS "earmark" priorities, with the intent of submitting a CDS request for the Community Center, at least from Senator Murray. Childcare As part of its long-term economic development plans, the City of Federal Way seeks to improve workforce access to local neighborhood -based childcare while creating job opportunities and economic growth through sponsoring/granting funds to a training and education program for fast - track childcare start-up and ongoing mentoring and support services. The City submitted an earmark request (which was not accepted) in 2023 for greater funding for childcare businesses. Recommendation: Given the high priority placed on this area of funding by Senator Murray, and the high level of community need, the City should consider re -submitting a federal funding request via a CDS "earmark" request for childcare business innovation this year. Parks The City is interested in expanding its tourism base, a critically important part of the City's economy and projected to grow in importance. Accordingly, the City has several priorities for federal assistance, if possible. Celebration Park Artificial Turf Fields - The conversion from natural grass to artificial turf would dramatically increase the time available for play, effectively allowing a park that is currently open from roughly April through October to move to 24 hours a day/year-round with no limits on the amount of use. This would allow us to serve currently underserved populations by opening time that is currently unavailable. The fields are already lit and there are no homes in the immediate area to be disturbed by late night play. Recommendation: The City has identified $2 million as a Congressionally Directed Spending request in prior years for the Celebration Park ballfields and should continue that request this year. At the same time, the City will pursue grant funding for this project in cooperation with the State of Washington. Federal Way City Council - 3 - February 20, 2024 8b COUNCIL MEETING DATE: February 20, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO APPLY FOR TRANSPORTATION GRANT POLICY QUESTION: Should council authorize staff to apply for a transportation grant for complete street improvements around Federal Way High School? COMMITTEE: n/a MEETING DATE: n/a CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution_ l❑ Other STAFF REPORT BY: Desiree S. Winkler, P.E., Deputy Dire t� or DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Authorize staff to apply for the transportation grant? 2. Do not approve applying for the transportation grant and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: m ik Committee Initial/Date COMMITTEE RECOMMENDATION: n/a DIRECTOR APPROVAL: Z 1 m `wZ 1 Initial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of applying for the transportation grant for complete street improvements around Federal Way High School. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 20, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Director, Public Works Department ��.9 Desiree S. Winkler, P.E., Deputy Director, Public Works Departmeq SUBJECT: Authorization to Apply for Transportation Grant Financial Impacts: This item was not included within the approved budget for the Federal Way High School Complete Street Improvements. As proposed, it will be funded by a grant from the Washington State Transportation Improvement Board (TIB) and unallocated capital transportation funds (Fund 306). Upon completion of the project future costs due to ongoing operations and maintenance will be included in the streets and traffic fund operations budgets. Backeround Information: The city has an adopted "Complete Street" ordinance and associated design standards to improve non -motorized access along all roadways in the city. The city and Federal Way High School have been working collaboratively to improve non -motorized access to and from Federal Way HS including: striping, signal and lighting improvements, advisory signage, and median barriers. TIB put out a call for "Complete Streets" grant program specifically targeting rapid implementation projects that must be. completed no later than December 31, 2024. Work can be completed either by contractor or agency staff. Project (Funding Phase) Estimated Project Possible Grant Funds Estimated City Grant _ Cost Match Federal Way KS Complete Streets Improvements (Design and Construction) WA State Transportation $150,000 $120,000 $30,000 Improvement Board Complete Streets Program State Funds) Rev. 7/18 COUNCIL MEETING DATE: February 20, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: MODIFYING COUNCIL RULES OF PROCEDURE RELATED TO THE READING OF ORDINANCE TITLES AND REMOTE ATTENDANCE AT MEETINGS. POLICY QUESTION: Should the City Council modify the Council Rules of Procedure to allow the use of abbreviated ordinance titles when reading the title out loud at Council Meetings and removing the limit on the number of Council Members who may attend a meeting remotely? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business Z Resolution ❑ Other STAFF REPORT BY: DEPT: 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: N/A MAYOR APPROVAL: N/A DIRECTOR APPROVAL: Jmr- Committee Coin it InicialMate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A 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 ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # J CITY OF FEDERAL WAY MEMORANDUM DATE: February 20, 2024 TO: City Council Members VIA: Jim Ferrell, May FROM: Ryan Call, City Attorney C�tL SUBJECT: RESOLUTION: MODIFYING COUNCIL RULES OF PROCEDURE RELATED TO THE READING OF ORDINANCE TITLES AND REMOTE ATTENDANCE AT MEETINGS. Financial Impacts: The proposed changes to the Council Rules of Procedure have no financial impacts to the city. Background Information: The attached resolution would make two changes to the Council Rules of Procedure: 1. Add language to allow the city clerk to skip reading long lists of code sections found in ordinance titles 2. Delete the limit on how many Council Members may attend a Council Meeting or a Council -Committee meeting. The presiding officer of a meeting will continue to be required to be physically present. Rev. 7/18 and RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, Amending the City Council Rules of Procedure Relating to the Reading of Ordinance Titles and Remote Attendance at Meetings. WHEREAS, the Federal Way City Council adopted the Council Rules of Procedure in 1992; WHEREAS, the Federal Way City Council has modified the Rules of Procedure many times since 1992; and WHEREAS, on February 3, 2024 at the City Council Annual Council Retreat, indicated to staff a desire to modify the Council Rule on reading ordinance titles and the Council Rule limiting the number of Councilmembers who may attend a meeting remotely. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Rule 7.3 shall be amended as follows: The City Clerk or designee will read the title of the ordinance prior to voting. Where an ordinance title lists -multiple code sections to be changed. the Qjjy Clerk may substitute Iang_uage such as, "amending adding or deleting those city code sections detailed in the written title" in lieu of reading the entire list of referenced code sections. Section 2. Rule 11.4 shall be amended as follows: Lal Purpose. The City Council recognizes the benefits of the fullest practicable attendance and participation by its Members and by the Mayor and hereby allows attendance from a remote location of regular, special, and committee meetings of Council through the use of electronic two-way communication methods such as speakerphones or internet communication platforms. Attendance from a remote location is not permitted for executive sessions. Effect. Votes cast by the Council Member attending remotely will have the same effect as votes cast by members physically present at the meeting. The Presiding Officer must be physically present at the meeting. Resolution No. 24- Page I of 4 Lc) Intent. Attendance from a remote location is intended to be an alternative and relatively infrequently -used method for participation at meetings by Members of the Council. Ud� System Requirement. All communication to and from the remote location must be clearly heard by all others in attendance. U Protocol. In any meeting involving remote attendance, at the beginning of meeting the Presiding Officer will inform all present that a particular Member of the Council or Mayor is attending remotely via electronic means and confirm that all participants can hear each other clearly. This confirmation will be recorded in the meeting minutes. If the Council Member or Mayor who is attending from a remote location will not be participating through the entire meeting, the presiding officer will announce through what portion attendance by remote location will occur. If remote communication is irreparably broken or significantly degraded during the meeting; the presiding officer will confirm the loss of the connection and close the remote attendance. The Presiding Officer will at this time state if quorum for the meeting has been affected by the loss of the connection. Section 3. 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. Resolution No. 24- Page 2 of 4 Section 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. 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 . [signature page to follow] Resolution No. 24- Page 3 of 4 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. 24- Page 4 of 4 8d COUNCIL MEETING DATE: February 20, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPROVAL OF MEDIATED SETTLEMENT IN THE MATTER OF PELLUM V. COFW, ETAL. POLICY QUESTION: Should the City Council Approve the Mediated Settlement in the Matter of Pellum v. City of Federal Way, et al.? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ® Other STAFF REPORT BY: Ryan Call, Ci - Attorney DEPT: LAW Attachments: 1. Staff Report Options Considered: 1. Approve the mediated settlement as outlined in the staff report. 2. Do not approve and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A Initial/Date APPROVAL: ?�9-C✓t [ /2 Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the mediated settlement. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 20, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor �-- FROM: J. Ryan Call, City Attorney V)OL-- SUBJECT: Proposed Settlement in the Matter of Pellum v. COFW, et al. Financial Impacts: The cost to the City for the proposed settlement is included within the approved budget under the City's Risk Fund. The City is self -insured for this matter with a retention amount of $250,000 before excess coverage takes over. The mediated settlement is $97,500 for a complete release of all claims against the City and its employees. The City will pay that portion of the retention amount remaining (approximately $40,000). The City's excess insurance carrier will pay the balance of approximately $57,500. Background Information: Mr. Pellum was identified by the mother of a murder victim as the person who threatened her for testifying in the murder trial. Grocery store surveillance footage seemed to corroborate the identification, but was not clear enough to make the ID on its own. Charges for witness intimidation were forwarded to the King County Prosecutor and a warrant for Mr. Pellum's arrest was issued by a judge. After his arrest, Mr. Pellum provided alibi evidence that conflicted with the time and location of the interaction with the murder trial witness in the grocery store. FWPD detectives investigated the alibi evidence provided by Mr. Pellum leading to the dismissal of charges and Mr. Pellum's release from detention. Mr. Pellum spent 17 days in jail and 14 days in home detention. Mr. Pellum sued the City and its detective for alleged violations of the 4th and 14th amendments, failure to properly train employees, and intentional infliction of emotional distress. The trial court summarily dismissed this matter. Plaintiff appealed this dismissal. As part of the appeal process, the appellate court assigned a mediator to attempt to settle the matter. The parties met with the meditator and agreed to settle the matter as outlined above. The City admits no liability in this matter as part of this settlement. Mayor's Recommendation: Authorize the settlement of this matter as outlined above. COUNCIL MEETING DATE: February 20, 2024 ITEM #: m CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: PARKING RECREATIONAL VEHICLES ON CITY STREETS POLICY QUESTION: Should the City Council adopt the proposed ordinance amending Title 8 of the Federal Way Revised Code? COMMITTEE: LUTC MEETING DATE: February 5, 2024 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent van Alstyne, Assistant City Attorney DEPT: Law 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 RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: &r j. -23 3 in�1;;�1,'Qasc COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on February 20, 20241 wi- b" -kne.. feMc A &(� A -Vic paa-k PUN KAn-; r� -�o �Si clerg�;c� s\yfe�s . IN m PROPOSED COUNCIL MOTION(S): CIA. Committee Member FIRST READING OF ORDINANCE FEBRUARY 20, 2024: "I move to forward the proposed ordinance to the March 5, 2024 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE MARCH 5, 2024: "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 only) ORDINANCE # REVISED— 1 I/2019 RESOLUTION # J CITY OF FEDERAL WAY MEMORANDUM DATE: February 6, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor J. Ryan Call, City Attorney FROM: Kent van Alstyne, Assistant City Attorney 4� SUBJECT: Ordinance: Parking Recreational Vehicles on City Streets Financial Impacts: There are no anticipated financial impacts associated with the proposed code change. Back round Information: Recently, people have been parking recreational vehicles on City streets in a variety of zones for extended periods of time, including commercial and business zones. Often, these recreational vehicles generate garbage and other waste, which not only degrade the visual appearance of the City, but also contribute to parking and safety issues. Current code does not regulate parking of recreational vehicles except for parking of such vehicles on private property, such as associated with a single-family residence. Police, therefore, do not have practical tools to deal with recreational vehicles parking on City streets, and cannot enforce code to prevent such parking. This code amendment would prohibit all parking of recreational vehicles on City streets unless the recreational vehicle is parked in the SE, RS, or RM (suburban estate, single-family residential, and multifamily residential) zones. At Land Use and Transportation Committee, members of committee and other council members also indicated a desire to restrict parking of recreational vehicles on streets in the SE, RS, and RM zones, but decided to wait to consider such parking restrictions until staff also consider and bring forward options to reformulate currently existing regulations on parking recreational vehicles on private property. Rev. 7/18 CITY OF FEDERAL WAY MEMORANDUM DATE: February 5, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor J. Ryan Call, City Attorney FROM: Kent van Alstyne, Assistant City Attorney AA SVBJECT: Ordinance: Parking Recreational Vehicles on City Streets Financial Impacts: There are no anticipated financial impacts associated with the proposed code change. Back_Zround Information: Recently, people have been parking recreational vehicles on City streets in a variety of zones for extended periods of time, including commercial and business zones. Often, these recreational vehicles generate garbage and'other waste, which not only degrade the visual appearance of the City, but'also contribute to parking and safety issues. Current code does not regulate parking of recreational vehicles except for parking of such vehicles on private property, such as associated with a single-family residence. Police and code enforcement, therefore, do not have practical tools to deal with recreational vehicles parking on City streets, and cannot enforce code to prevent such parking. This code amendment would prohibit all parking of recreational vehicles on City streets unless: 1. The recreational vehicle is parked in the SE, RS, or RM (suburban estate, single- family residential, and multifamily residential) zones; and 2. The recreational vehicle is parked within 300' of the property listed on the recreational vehicle's registration. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to recreational vehicles parking on city streets; adding a new section to Chapter 8.50 Federal Way Revised Code. WHEREAS, the City of Federal Way is a non -charter code city under the law of the State of Washington and, as such, has the power to enact ordinances for the protection of the public health, safety and general welfare and for other purposes; and WHEREAS, the Federal Way Revised Code ("FWRC") does not currently regulate the parking of recreational vehicles on city streets; and WHEREAS, some recreational vehicles currently park in various locations on city streets, including in commercial areas, for extended periods of time; and WHEREAS, such prolonged parking of recreational vehicles is unnecessary in non- residential areas of the City, can degrade the appearance of the City to residents and visitors, and contributes to parking and safety issues; and WHEREAS, the City Council for Federal Way finds it is in the best interest of city residents to update the Traffic and Vehicles Code, Title 8 FWRC to prohibit parking recreational vehicles on city streets in non-residential zones. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 8.50, Parking Generally, of the Federal Way Revised Code is hereby amended to add a new section 8.50.010 to read as follows: 8.50.010 Parking recreational vehicles on city streets; Ordinance No. 24- Page 1 of 3 (1) No person shall park a recreational vehicle on M portion of a street or alley in the city except when the recreational vehicle is parked on a portion of a street or alley adjacent to property zoned SE RS. or RM. Recreational vehicles parked consistently with this section must still comply with all other parkigg regi4lations in FWRC and other applicable laws. 2 For the pvoses of this section "recreational vehicle" means a vehicle: (a) Built on a single chassis; (b) Four hundred square feet or less when measured at the largest_ horizontal projection, (c) Designed to be self-propelled or permanently towable; and (d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. 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. Ordinance No. 24- Page 2 of 3 Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2024. 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. 24- - Page 3 of 3