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04-01-2024 LUTC Packet` CITY OF Alt Federal Way Land Use & Transportation (LUTC) Council Committee Regular Meeting Agenda I(April 1, 2024 City Hall I 5:00 p.m. Council Chambers* The City Council may amend this regular meeting agenda and act on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view meetings online, agenda materials, and access public comment sign-up options, please visit www.federalwaywa.goy. *Remote attendance options available via Zoom meeting code: 809 975 640 and passcode: 595617 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Topic Title/Description Presenter(s) Action or Info A. Approval of Minutes March 4, 2024 N/A Action 04/01 B. Street Light Infill — Approval to Award K. Davis Action 04/16 - Consent C. Fiber Optic Loop (S 317t" St to S 272"d St) - Approval to Award J. Cole Action 04/16 - Consent D. Former Target Building Demolition — Project Acceptance J. Strong Action 04/16 - Consent E. Authorization to Apply for Transportation Grants R. Perez Action 04/16 - Consent F. Accept Transportation Grant and Authorize the Execution of the R. Perez Action Associated Agreements 04/16 - Consent G. Washington State Department of Commerce Planning Grant and K. Pelley Action Interagency Agreement 04/16 - Consent H. Joint Use Operations and Maintenance Facility — 85% Design E. Walsh Action Report and Authorization to Bid 04/16 - Consent I. Joint Use Operations and Maintenance Facility — Frontage E. Walsh Action Improvements — 85% Design Report, Transfer Capital 04/16 - Consent Improvement Funds, and Authorization to Bid J. Discussion of Addition of a 2024 Council Goal to Prioritize Airport B. Vadino Info Only Issues Committee Members City Staff Jack Dovey, Chair EJ Walsh, P.E., Public Works Director Jack Walsh, Member Sara Gilchrist Administrative Assistant/1 Hoang Tran, Member (253) 835-2700 `CITY OF Federal Way Land Use & Transportation (LUTC) Council Committee Regular Meeting Agenda I(April 1, 2024 City Hall I 5:00 p.m. Council Chambers* K. Recreational Vehicle Code Amendments K. Niven Info Only & K. Van Alstyne 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be May 6, 2024 at 5:00 p.m. 6. ADJOURNMENT Committee Members City Staff Jack Dovey, Chair EJ Walsh, P.E., Public Works Director Jack Walsh, Member Sara Gilchrist Administrative Assistant II Hoang Tran, Member (253) 835-2700 City of Federal Way City Council Land Use & Transportation Committee March 4, 2024 City Hall 5:00 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Jack Dovey, Committee Member Jack Walsh, and Committee Member Hoang Tran. Other Councilmembers in Attendance: Deputy Mayor Susan Honda, Council President Linda Kochmar, Council Member Lydia Assefa-Dawson, and Council Member Paul McDaniel. Staff in Attendance: Assistant City Attorney Kent Van Alstyne, Public Works Director El Walsh, Community Development Director Keith Niven, Economic Development Director Tanja Carter, Sound Transit Liaison Kent Smith, City Traffic Engineer Rick Perez, Operations Manager Jarred Larson, Community Services Manager Sarah Bridgeford, Senior Traffic Engineer Kathy Davis, Asset Coordinator Stacey Curry, Senior Traffic Engineer Jason Kennedy, Surface Water Quality Program Supervisor Kevin Du, Civil Engineer Jonathan Strong, Senior Planner Chaney Skadsen, and Administrative Assistant II Sara Gilchrist. CALL TO ORDER: Chair Dovey called the meeting to order at 5:00 PM 2. PUBLIC COMMENT: 3. COMMITTEE BUSINESS: Topic Title/Description A. Approval of Minutes: February 5, 2024 Committee approved the February 5, 2024 LUTC minutes. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously B. S 288t" Street Road Diet Ph 2 — 85% Design Report & Bid Authorization Civil Engineer Jonathan Strong presented the S 2881h St Road Diet Ph 2 project for authorization, including background information. Questions and discussions followed. Committee Member Hoang Tran moved to forward Option 1 to the March 19, 2024 City Council consent agenda for approval. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously Committee Members City Staff Jack Dovey, Chair EJ Walsh, P.E., Public Works Director Hoang Tran, Member Sara Gilchrist, Administrative Assistant II Jack Walsh, Member (253) 835-2706 C. Approval to Submit NPDES Annual Report Surface Water Quality Program Supervisor Kevin Du presented the NPDES Annual Report for approval, including background information. Questions and discussion followed. Committee Member Hoang Tran moved to forward the proposed approval and submittal of the 2024 Annual Report and Stormwater Management Program Plan update to the March 19, 2024 consent agenda for approval. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously D. Authorization to Enter into Interlocal Agreement with King County for Use of the Regional Stormwater Decant Facility Operations Manager Jarred Larson presented the ILA for use of Renton Decant Facility for authorization, including background information. Questions and discussion followed. Committee Member Hoang Tran moved to forward the interlocal agreement to the March 19, 2024 consent agenda for approval. • Moved: Tran • Seconded: Dovey • Passed: 2-0 unanimously E. ORDINANCE: TC-3 Development Agreement Community Development Director Keith Niven presented the TC-3 Development Agreement for approval, including background information. Questions and discussion followed. Committee Member Hoang Tran moved to forward the proposed ordinance to first reading on March 19, 2024. • Moved: Tran • Seconded: Walsh • Passed: 3-0 unanimously Comprehensive Plan Update Community Development Director Keith Niven presented the Comprehensive Plan Updates, including background information. Questions and discussion followed. G. Public Works Strategic Plan Asset Coordinator Stacey Curry presented the Public Works Strategic Plan, including background information. Questions and discussion followed. H. Progress Update on Sound Transit Projects in Federal Way Sound Transit Liaison Kent Smith reported on current activities regarding Sound Transit projects, including background information. Questions and discussion followed. 4. OTHER: 5. FUTURE MEETINGS/AGENDA ITEMS: Committee Members Jack Dovey, Chair Hoang Tran, Member Jack Walsh, Member City Staff EJ Walsh, P.E., Public Works Director Sara Gilchrist, Administrative Assistant II (253) 635-2706 6. The next LUTC meeting will be held April 1, 2024 at 5:00 p.m. in City Hall Council Chambers and via Zoom. 7. ADJOURNMENT: The meeting was adjourned at 07:39 p.m. Attest: Sara Gilchrist, Administrative Assistant II Approved by Committee: Date Committee Members Jack Dovey, Chair Hoang Tran, Member Jack Walsh, Member City Staff EJ Walsh, P.E., Public Works Director Sara Gilchrist, Administrative Assistant II (253) 835-2706 COUNCIL MEETING DATE: April 16, 2024 CITY OF FEDERAL WAY CITY COUNCIL AGENDA SILL SUBJECT: STREET LIGHT INFILL — APPROVAL TO AWARD ITEM #: POLICY QUESTION: Should the City Council award the Street Light Infill project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation MEETING DATE: April 1, 2024 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kathy Davis, P.E., Senior Traffic Engine r EPT: Public Works Attachments: 1. Staff Report 2. Bid Tabulation Options Considered: 1. Approve the proposed award of the Street Light Infill project to the lowest responsive, responsible bidder, Active Construction Inc, in the amount of $1,722,637, approve a contingency of $177,363, for a total amount of $1,900,000 for Schedules A and B, authorize an additional $20,000 of ARPA funding to be transferred into the project, and authorize the Mayor to execute the Contract. 2. Do not approve proposed award of the project and provide direction to staff. MAYOR'S RECOMMENDA,TION: Option 1. MAYOR APPROVAL: V Z-13LQS` APPROVAL• 7�Zs�2oZY Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Option 1 to the April 16, 2024 consent agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed award of the Street Light Infill project to the lowest responsive, responsible bidder, Active Construction Inc, in the amount of $1,722,637, approve a contingency of $177,363, for a total amount of $1,900,000 for Schedules A and B, and authorize an additional $20, 0000 of ARPA funding to be transferred into the project, and authorize the Mayor to execute the Contract. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 1, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Kathy Davis, P.E., Senior Traffic Engineer SUBJECT: Street Light Infill — Approval to Award Financial Impacts: 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 a grant from the American Rescue Plan Act (ARPA) in the amount of $2,150,000, plus $20,000 in additional ARPA funds. Upon completion of the Street Light Infill 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. Background Information: In October 2022, Council authorized spending of $2,150,000 for street light improvements. The locations for the lights were based on requests received from residents, in conjunction with prioritization criteria approved by the City Council. Additional ARPA funds in the amount of $20,000 were reclaimed from other projects that had small amounts of funding remaining. Proiect Estimated Expenditures: Design $ 25,000 Right of Way $ 0 Construction Cost (Schedules A and B) $1,722,637 Construction Contingency $ 177,363 Construction Management and Inspection $ 245.000 Total Estimated Expenditures $2,170,000 Rev. 7/18 Project Available Funding: ARPA Funds $2,150,000 Additional ARPA Funds $ MAO Total Available Funding $2,170,000 The project is intended to begin in the Spring of 2024, with construction continuing through approximately August 2025. Due to the number of requests and the bids received, some bid groups will be held over until additional funding can be secured. Rev. 7/18 Street Light Infill RFB No. 24-002 BID OPENING DATE: March 19, 2024 Vendor Name -> Location > Bid 1 Bid 2 Bid 3 Engineer's Estimate Aomi Construction Inc. Trws wtaA. S $tams, Irte. I Cannon CansE W on, LLC Puyallup. WA AuhUtn WA Milton, WA Bid Item Amount Unit Price Total Price Total Price Total Price Total No SCHEDULE A - GROUP A STREET LIGHTS {BASE BID) 1 MINOR CHANGE AS -BUILT SURVEY AND RECORD DRAWINGS - GROUP A MOBIUZATION PROJECT TEMPORARY TRAFFIC CONTROL SPCC PLAN EROSION CONTROL AND WATER POLLUTION PREVENTION INLET PROTECTION ILLUMINATION SYSTEM - GROUPA ELECTRICAL SERVICE CONNECTION FEE - GROUP A 1 FA $10.000.00 $10.000.00 $10-000.00 $10-000-001 $10,000.00 $10,000.00 310,000.00 310.000.00 2 1 LS $5.500.00 $5,600.00 $9.000.00 s9.000.00 $11.U49.11 $1 i o49.f 1 $S.oW.00 $6.000.00 3 4 1 LS $157205,00$157205.00 $133,900.00 $133,900.00 $5,087.37 $5,087.37 590.470.00 390.470, i LS $250,000.00 $250,000.00 $134,277.00 $134,277.00 $117,400.15 $117.400.15 395,000.DO $85,000.00 5 1 LS $150.W S15D.00 34,WD.00 S4-OOD.90 SI.159.67 $1,159.67 $2-500.00 $2,500-0 6 1 LS $75,000,00 $15.000-00 $11.000.00 51i.000.uu sib.730.76 $i8,730.7' S25,Duu.00 $25.Uuu.00 7 22 EA 575.p0 $1.650. S1,DOD.00 $22,4DD.0 $248.53 $5467-fib $100.00 $2,200.00 8 9 i LS $8i)C1.ODO.DO 38W,000. 31,p22.892-00 51,022.892-0 $1.388,303.70 $1.388,303.7 $760,000.00 $760,000.00 i FA 85,OW.00 $5-000. $5,000-00S5,DDD.00 SS,WO.DD S5.000A0 $5 000.00 $5,000.00 i MINOR CHANGE AS -BUILT SURVEY AND RECORD DRAWINGS - GROUP B MOBILIZATION PROJECT TEMPORARY TRAFFIC CONTROL SPCC PLAN EROSION CONTROL AND WATER POLLUTION PREVENTION INLET PROTECTION ILLUMiNATlpN SYSTEM - GROUP B ELECTRICAL SERVICE CONNECTION FEE - GROUP B 1 1 FA $6.000.00 $6,000.00 $6,000.001 $6,000.00 $6,000.00 $6,000.D0 $6,000.00 $6 000.00 2 1 LS $1,650-00 $1,650-00 $5,000.00 $5.000.00 $5,292,51 $5.292-51 $3.00u.0o $3.000-00 3 1 LS $40.000 -'01- 540.000-00 $45.000.00 $45.000.00 $3,.391.59 $3.391-59 $43,69U.00 $43.690.00 4 1 LS S25,OIH7.00 $25.000.05 $25,344.00 525,344: 558,230.41 558,230.47 $56 ODD.00 $56,000.00 5 1 LS $150.00 $150.00 $1,500.00 $1.500. $6B7,11 $6B7,11 $1,500.00 $1,500.00 6 1 LS $5.OW.00 WODD.00 $2,000.00 $2.000. S14,.272.79 $14.272,79 3i5,00D.00 $15,012 7 4 EA $63.00 $332-02 $550.0o $2.200.00 $24b.54 $994A6 $iuu.uu $400.00 8 9 1 LS $335.D00.00 $335.000.00 $424.658.00 $424.658.00 $647.110.47 $647.110.47 s350,000.02 $350,000,0 1 LS $5,WD.00 SS,0D0.00 SS,D00.D0 EIOp, 55,000.04 $5.000. 55,ODD.DD 35,000.00 5UbFQIAL.,l�CHEDULEB "I& fez out 1 MINOR CHANGE S-81JILT SURVEY AND RECORD DRAWINGS - GROUP C MOBILIZATION PROJECT TEMPORARY TRAFFIC CONTROL SPCC PLAN EROSION CONTROL AND WATER POLLUTION PREVENTION INLET PROTECTION ILLUMINATION SYSTEM -GROUP C ELECTRICAL SERVICE CONNECI ION FEE - GROUP C 1 FA $8.000.00 $8-000.001 $8.000,001 $8.000.00 $8.000-00 $8.000.0 $B.000-001 $0,000.00 2 3 1 LS $2.250.001 $2,250.001 $3,500.00 $3,500.00 $5,622.87 $5,622.87 $4.000.00 $4,000.00 1 LS $50,000.00 $50,000,00 $50,000.DD $50.000.00 $3,391.59 $3,391,59 553,020.00 s53,u20.00 4 1 LS $35,000.00 $35.000.00- $8.500,001 $8.500.00 $75.136.07 $75,136.07 $75.000.uD lii5.000.u0 5 1 LS 8150,00 $150.00 $2.000,00 $2.U()0.0Uj 55b7.11 rbB7.11 $2.DUU.uU $4000.UD B 1 LS 55.000.0- -01 $5.000.uu s2.uuu_uuj s2.uuu.uuI 814.066.73 $14.066.7 $20.000.001 $20.000.00 7 12 EA $70.00 5H40 $1.D00.i70 512000.00 $248.55 $2,982.5D S10O.00 57,200-Do B 1 LS 5475,000.oO 5475,ODD.0a $481AW.00 54BI,pDp.00 $805,75t.95 $805.751.95 34f0,000.00 5410.1100. 9 1 LS $10 W0-00 510,000.00 S10-ODO-0D 510,000. 510.000,00 $ID,000.00 S10,000.00 S10.000,00 0 1 MINOR CHANGE AS -BUILT SURVEY AND RECORD DRAWINGS -GROUP D MOBILIZATION PROIECT TEMPORARY TRAFFIC CONTROL SPCC PLAN EROSION CONTROL AND WATER POLLUTION PREVENTION INLET PROTECTION ILLUMINATION SYSTEM - GROUPD ELECTRICAL SERVICE CONNECTION FEE - GROUP D 1 FA $2.000.001 $2,000.001 $2,000.00 $2,000.00 $2,000-00 $2,000.0 $2.000-00 $2 000.00 2 1 LS $800.00 $600.00 $2 500.00 $2.500.00 $2 2 7,94 $2.277.94 $1.000.00 $i.000.00 3 1 LS $15.000.00 $15,000-001 $15.000.001 $15.000.00 $3,391-59 $3.391,59 $15.790.00 sl5,790.DU 4 1 LS $20,000.001 $20,000.00 $15,000.00 $95,000.02 $15,966.43 S15.966.4 $19000.00 $19000.00 5 1 LS $150.00 $150.00 $2.000.00 $2,000.00 $b7b.11 $bMi1 $500.00 $500.00 6 1 LS $4,000.001 $4.000.001 $1.000.00i $1.000.00 $4,821.07 $4.821.W 85,000,00 35DOD.00 7 B 9 4 EA $78.001 $312.001 $350.001 $1,400.00 $246.54 $994.16 8100,00 $4Du.00 1 LS $135,000.00 $135.000.00 $113.118,00 $11:T.fib:uo 3i97.U24.B3 $197.u24.83 $125.000.00 $125,000.00 1 LS $5.000.00 $5,000.00 $5.000.00 $5.000.OD $5,000-00 $5,000.00 $5,000,00 $5,000.00 2 i ra,690.u0 1 MINOR CHANGE AS -BUILT SURVEY AND RECORD DRAWINGS - GROUP E MOBILIZATION 1 FA 54.000.00 54,000-00 $4,000.00 $4.000. 14,WD.00 $4.000-00 $4,000.00 $4.000.00 2 I LS S8170,G0 5800.D0 $2,OOD.DO 32.WD.W 33,814,13 S3.a14-131 $2,000,001 $2,OW.00 3 I f I LS 1 520.000.OD 52D.000.D0 529,4W:OD S29.40O.DOt 53,391.59 $3-391,591 $25.960.00 $25.980. Page 1 of 2 Street Light inilli RFB No. 24-002 BID OPENING DATE: March 19, 2024 Vendor Name Localion > Bid i Bid 2 Bid 3 Engineer's Estimate Active Conitrurtoon 1nC I Transportation Systems- Inc. Cannon Construction, LLC Pu aHu , WA Auburn iiJA Mellon, WA Bid Item Amount Lint[ Price Tote Price Total Price To price Total 4 'PROJECT TEMPORARY TRAFFIC CONTROL. SPCC PLAN EROSION CONTROL AND WATER POLLUTION PREVENTION INLET PROTECTION ILLUMINATION SYSTEM - GROUP E ELECTRICAL SERVICE CONNECTION FEE - GROUP E i L3 $i0•Duu.OD $i 0.U00.0 $29.y20.uu $z9.9zu.0 $38,e26.6538,(i18.tf $:12,DUU.DD $32,DDD.DD 5 1 LS $150.00 $150.00 $1,500.00 $1.500.00 $687.11 $687.11 $1.000,00 $1.000.00 6 1 LS S4.0o0.Do Sa.o00. $750.00 3750,00 $9.344.76 $9,344..76 $10,000,00 S10.600,00 7 6 EA $70.DO $42U.U0 $1.000.00 $$6,DOu.D $248.47 $1.49U.62 $100.00$600.00 a 9 1 LS $199,5D0.00 $199,50D.w $254,709.00 $254,709.00 $411,341.81 $411.341.81 $205,000.00 $205.000.00 1 LS $$.00D.o0 $5 000 OD $5,000.00 $6.000.00 $5,000.00 $5A00.00 55,0130-001 $5.000.00 1 MINOR CHANGE AS -BUILT SURVEY AND RECORD DRAWINGS - GROUP F MOBILIZATION PROJECT TEMPORARY TRAFFIC CONTROL SPCC PLAN EROSION CONTROL AND WATER POLLUTION PREVENTION INLET PROTECTION ILLUMINATIONSYSTEM-GROUPF 1 FA S4,000.00 $4,000.00 $4.000,00 $4000,00 $4,000.00 $4,000-00 $4.000.00 $4,000.00 2 1 LS $800.00 $eD0.00 _ $2.000-00 $2 000.00 $2.880.85 $2.880.85 32,000.00 $2.000.00 3 4 1 LS S14.00OA0 514,000.00 $14,000.150 S14.000.M 53,391.Sd 53,391.59 $16300.00 $16,300.00 1 LS $10.000 JU W10ODD.00 $45 ODU UD $?5 000.UU 520,6E2.43 $20.662,43 WO.W0.001 520.000.00 5 1 LS 3150.00 $150.00 $750.00 $750.00 $687.11 $687.11 $1.000.00 $1.000.00 8 7 1 LS 53,000.00 $3.000.00 $2,000.00 $2,000.00 84,779.85 84.779.85 S5,000-001 $5.000.00 10 EA $74.00 $74o.O0 $1.000.00 $10.000.Co $248.51 $2485.10 $100.00 3i.Uoo.0 8 1 LS 5129,5D0.00 $129.500, $153,254.00 $153,284.0C $141.901.26 $241.9D7.2 5730.000.00 5730,{700.00 661 541 1 MINOR CHANGE AS -BUILT SURVEY AND RECORD DRAWINGS - GROUP G MOWLIZATION PROJECT TEMPORARY TRAFFIC CONTROL SPCC PLAN EROSION CONTROL AND WATER POLLUTION PREVENTION INLET PROTECTION lLLUMINATIONSYSTEM- GROUPG ELECTRICAL SERVICE CONNECTION FEE - GROUP G 1 FA $2,000.001 $2,000, $2,000_00 $2,000.00 $2.000.00 $2.000_00 $Z000.00i $2.00MOD 2 1 LS Sawsm $800.00 $2,000-yol $2,000.00 $2,277.94 32.27L94 '$1AUo.UU $1.000.00 3 1 LS S15,DuuAD $i5,000.0 $2D.'uOD.DD $20.000.00 $3.39i.59 $3.39i.59 $16.790.00 $16J90.00 4 1 LS $5.000.00 $5.ODO.0 $6.0moo $6.000.00 $30.054A4 $3D,054A4 $19.000.00 $19, OOO.DD 5 1 LS $150.00 $i50.0 $750,06 $750.00 $681.?1 $687.11 $SUU.UD 5bUU.UU 6 1 LS $3.000.00 $3.000.0 $2.DUU.UD 32.000.00 $y 443.81 $9,443.87 $5.000.0D $5,0­00.u`U 7 4 FA 378.0 5312.O0 51,000,ol 54,000.00 $248.54 $994,16 S10D,00 $400,00 B 1 LS 5745,500.00 $7g5,5D0.00 $160.690.00 5160,69(I.00 5334.t29.72 $334.129.Y2 5135.000.00 $135,000. 9 1 LS 55.000.00 55.000.00 55,000.00 55,000.00 $5,000.00 55.000.00 $5,0DD.00 $5,000.00 . 0 acue,wwu.0 38 ,9 8. 3 $ 84 oeu.u6 1 MINOR CHANGE AS -BUILT SURVEY AND RECORD DRAWINGS - GROUP H MOBILIZATION PROJECT TEMPORARY TRAFFIC CONTROL SPCC PLAN EROSION CONTROL AND WATER POLLUTION PREVENTION INLETPROTECTION ILLUMINATION SYSTEM - GROUPH ELECTRICAL SERVICE CONNECTION FEE - GROUP H 1 FA 52,000.00 $2_=00 $2,000,001 $2,000.001 $2,000.00 $2.000.0D $2,000.00 $2.000.00 2 1 LS 5800.0o $13MCO $2.000.00 $2_000. $2.277.94 $2277.94 $1,000.00 $1.000.O0 3 i LS 510,000,00 $10.000.00 sio,500.001 $10,500•0 $3.391.59 $3391.59 $13.790.00 $i3,790.0L 4 1 CS $1.000.00 $1:000.00 5151000,U0 $15.000.0 $i5,966.43 $i5.966.43 $19.000.00 $19.000.00 5 1 LS $150-00 $150,00 $500,00 $500.00 $687.11 $687.11 $500.00 $500.00 6 1 LS 51,DDD.00 $1.000. $1,000.00 $t000AD $4.862,27 $4.86227 $5,000.00 $5,000.00 7 8 9 4 EA $70.O1D $280-00 $1,000.00 $4.Ooo.00 $248.54 $994.16 $100.00 $400.00 t LS S97,DOO.00 397.000. 5111.385.00 5111.385.00 $i73,52e.77 $?73,526.77 $105.000,00 $105.000.00 LS SS.oDD.00 S5.000. 55.000.00 $5,000.DD $5,000.00 $5 000 00 $5010.00 $5,000.00 L 2p TOTAL $3,191.151.00 $3.490.927.00 $ 4, 814,142.4 $3,033,910.00 Page 2 of 2 COUNCIL MEETING DATE: April 16, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIBER OPTIC LOOP (S 317TH ST TO S 272ND ST) - APPROVAL TO AWARD POLICY QUESTION: Should the Council award the Fiber Optic Loop (S 317th St to S 272nd St) project to Cannon Construction, LLC, the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation MEETING DATE: April 1, 2024 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolu 't►n ❑ Other STAFF REPORT BY: John Cole, E.I.T., Civil Engineer DEPT: Public Works Attachments: 1. LUTC Memo dated April 1, 2024 2. Bid Tabulation Options Considered: 1. Award the Fiber Optic Loop (S 317th St to S 272nd St) project to Cannon Construction, LLC, the lowest responsive, responsible bidder, in the amount of $1,720,162.98 and approve a contingency of $430,000.00, for a maximum contract amount of $2,150,162.98. 2. Reject all bids for the Fiber Optic Loop (S 317th St to S 272nd St) project and provide direction to staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL: Co mittsI 0bun d iniiislli]atc ln' iallpa lnitia ate COMMITTEE RECOMMENDATION: I move to forward the award of the Fiber Optic Loop (S 317th St to S 272nd St) project to the April 16, 2024, consent agenda for approval. Jack Dove , Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the Fiber Optic Loop (S 317th St to S 272nd St) project to Cannon Construction, LLC, the lowest responsive, responsible bidder, in the amount Of $1, 720,162.98 and approve a contingency of $430, 000.00, for a maximum contract amount of $2,150,162.98. " 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: April 1, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Direc John Cole, E.I.T., Civil Engineer SUBJECT: Fiber Optic Loop (S 3171h St to S 272"d St) - Approval to Award Financial Impacts: The cost to the City for the Fiber Optic Loop (S 317th St to S 272nd St) Project was included within the approved budget under the Public Works Department Capital Project #36239. In accordance with the approved budget, this item is funded with mitigation funds from Sound Transit as part of the FWLE Development Agreement. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through a combination of Traffic Maintenance and IT Maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: One bid was received and opened on March 21, 2024 for the project. Please see attached Bid Tabulation. The lowest responsive, responsible bidder is Cannon Construction, LLC. ESTIMATED EXPENSES Design $ 163,000.00 Construction Contract $ 1,720,162.98 Contingency $ 430,000.00 Construction Management $ 286,837.02 $ 2,600,000.00 AVAILABLE FUNDING Sound Transit mitigation funds $ 2,600,000.00 Rev. 7/18 BID TABULATION 36239 FIBER OPTIC LOOP (S 317TH ST TO S 272ND ST) BID OPENING DATE: 3/21/2024 Vendor Name ---> Location - a BID #1 Cannon Construction, LLC Milton, WA 98364 Engineer Estimate Sch A - FIBER OPTIC LOOP - 317TH TO 272ND Unit Qty Unit Price Total Unit Price Total 1 MINOR CHANGE FA 1 $ 25.00D.00 S 25 D00.00 S 25.000.0D $ 25.000.00 2 ADWAY SURVEYING LS 1 S 23.106.35 S 23.106.35 $ 10.000_DD S 1 D D00.00 3 AS -BUILT SURVEY & RECORD DRAWINGS LS 1 $ 13 220.B3 S 13 220,83 $ 10 000.00 $ 10.000.00 4 M013112ATION LS 1 S 3.442.54 S 3,442.54 $ 135.000.00 S; 135.000.00 5 PROJECT TEMPORARY TRAFFIC CONTROL LS 1 $ 316534.86 S 316 534.86 $ 300 DD0.00 $ 300.000,00 5 EROSION CONTROL AND WATER POLLUTION PREVENTION I LS 1 $ 17 247,14 S 17 247.14 $ 5 DOO.DD $ 5,000.00 7 CrNT CONC. SIDEWALK SY 24 $ 334.62 $ 8,030.88 $ 250.00 S 6.00D,00 8 FIBER SYSTEM, COMPELETE I LS 1 $ 858838.12 S 858,83B.12 S 824,000.00 $ 824,D00.00 9 PMM RESOLUTION OF UTILITY CONFLICTS FA I $ 25.000.00 S 25,000.00 S 25 000.DD S 25.000.00 Sch B - S 312th St from Steel Lake Park to 23rd Ave S Unit Qty Unit Price Total Unit Price Total 1 MINOR CHANGE FA 1 $ 5,000,00 $ 5.000.00 �15 0 S 5.000.00 2 ROADWAY SURVEYING LS 1 $ 1,939.44 $I 1,939.44 $ 2.000.00 $ 2.000.00 3 AS -BUILT SURVEY 8 RECORD DRAWINGS LS 1 S 464,40 $ 464.40 $ 2 OOD.DD S 2,000,00 4 MOBILIZATION LS 1 $ 1 3 . 22 $ 1.377,02 $ 4.000_00 5 4,000.00 5 PROJECT TEMPORARY TRAFFIC CONTROL LS 1 $ 52,409.26 S 52 4D9.26 $ 2000000 $; 20.000.00 6 EROSION CONTROL AND WATER POLLUTION PREVENTION LS 1 $ 5.718.75 S 5,718.75 $ 1.000.00 S'; 1,0D0.00 7 CEMENT CONC. SIDEWALK SY 24 S 334.62 1 $ 8,030.88 $ 25D.DD S 6,000.00 8 FIBER SYSTEM COMPLETE LS 1 S 85 962,28 S 85.962.28 $ 22,000.00 S 22,000.D0 9 RESOLUTION OF U 1LI CONFLICTS FA 1 $ 1.000.00 1 $ 1.000.00 $ 1.000.00 I S' 1.000.00 SUBTOTAL SCHEDULE B $ 161.902.03 $ 63,000.00 Sch C - S 312th St from 23rd Ave S to PVR, South to S 314th St Unit Qty Unit Price Total Unit Price Total 1 MINOR CHANGE FA 1 $ 5,000.00 $ 5,000.00 $ 5.000.00 $ 5.000.00 2 ROADWAY SURVEYING LS 1 $ 1 '978.76 $ 1.978.76 $ 2 DDO.00 $ 2.000.00 3 AS -BUILT SURVEY & RECORD DRAWINGS LS 1 $ 1.724.80 $ 1,724.80 $ 2 0D0.00 $ 2.000.00 4 MOBILIZATION LS 1 $ 1,377.02 S 1,377.02 $ 10 000.00 $ 10.000.00 5 PROJECT TEMPORARY TRAFFIC CONTROL L LS 1 1 $ 36 641.05 $ 36 641.05 $ 30 000.00 $ 30.000,00 6 EROSION CONTROL AND WATER POLLUTION PREVENTION LS 1 $ 2.858.68 $ 2,851368 $ 1.00.00 $ 1.000.00 7 CEMENT CONC. SIDEWALK SY 24 $ 334,62 $ 8 030.88 $ 250.00 S 6,000.00 F4 FIBER SYSTEM, COMPLETE LS 1 S 74 845.90 $ 74 845.90 $ 66,000.00 $ 66.000.00 9 RESOLUTION OF UTILITY CONFLICTS FA 1 S 1 000.00 % 1.000.no $ 1 000-00 $ 1.000.00 SUBTOTAL SCHEDULE C S 133,457.09 $ 123,000.00 Sch D - S 312th St from Pete Von Reichbauer to Pacific Hwy S Unit Qty Unit Price Total Unit Price Total 1 MINOR CHANGE ROADWAY SURVEYING FA 1 $ 5,000.00 S 5 000.00 $ 5,000.00 $ 5.000.00 2 LS 1 $ 1,879.63 $ 1.879.63 $ 2,000.00 $ 2.000.00 3 AS -BUILT SURVEY & RECORD DRAWINGS LS 1 $ 1,250.67 $ 1,25D.67 $ 2.000.00 $ 2.00D.00 4 MOBILIZATION LS 1 $ 1 377.02 $ 1,377.02 $ 8,000.00 S 8,000.00 5 PROJECT TEMPORARY TRAFFIC CONTROL LS 1 $ 17,258.15 $ 17,258.15 $ 25.000.00 $ 25,000.00 6 EROSION CONTROL AND WATER POLLUTION PREVENTION LS 1 S 575.59 $ 575.59 $ 1,000.00 1 $ 1.000,00 7 CEMENT CONC. SIDEWALK SY 24 $ 297.44 $ 7,138,56 $ 250.00 S 6,000.00 B FIBER SYSTEM, COMPLETE LS 1 $ 23.384,59 $ 23 394.59 $ 21 000.00 $ 21.000,00 9 RESOLUTION OF UTILITY CONFLICTS FA 1 $ 1.000.00 $ 1.000.00 $ 000.D0 I $ 1.000.00 SUBTOTAL SCHEDULED $ 58,874.21 $ 71,000.00 Sch E - S 288th St From Military Rd S to PaclCc Hwy S Unit QtV Unit Price Total Unit Price Total 11 MINOR CHANGE FA 1 $ 5,000.00 $ 5,000.00 $ 5.000.00 S 5.000.00 2 ROADWAY SURVEYING LS 1 $ 3,799,53 $ 3,799.53 $ 2,000.00 $ 2,000,00 3 AS -BUILT SURVEY & RECORD DRAWINGS LS 1 S 2,201.49 5 2.201.49 S 2 ODD.DD S 2,000.00 4 MOBILIZATION LS 1 $ 1 377.02 $ 1,377.02 S 7.000.00 S 7.000.00 5 PROJECT TEMPORARY TRAFFIC CONTROL LS 1 $ 16,590.30 $ 16 590.30 $ 30 000.00 $ 30.000,00 6 EROSION CONTROL AND WATER POLLUTION PREVENTION LS 1 S 575.59 S 575.59 $ 1,000.00 S 1.000.00 7 CEMENT CONC. SIDEWALK SY 24 $ 297.44 $ 7,138.56 $ 250.00 S 6.000.00 8 FIBER SYSTEM COMPLETE LS 1 $ 37826,44 S 1 ,826.41 $ 36,000.0 $$ 36.000.00 9 RESOLUTION OF UTILITY CONFLICTS FA 1 $ 1.000.00. $ 1,000.00 $ 1,006.00 S 1.000.00 SUBTOTAL SCHEDULE E S 75,508.93 $ 90,000.00 TOTAL S 1720,162.98 S 1,687,000.00 Amount fisted on Bid Form Difference S 1,720.163.98 Ti: (1.00) COUNCIL MEETING DATE: April 16, 2024 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FORMER TARGET BUILDING DEMOLITION - PROJECT ACCEPTANCE ITEM #: Z)' POLICY QUESTION: Should the Council accept the Former Target Building Demolition project, performed by Swofford Excavating, LLC, as complete? COMMITTEE: Land Use and Transportation MEETING DATE: April 1, 2024 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jonathan Stron , E.I.T., Civil Engineer S DEPT: Public Works Attachments: 1. LUTC Memo dated April 1, 2024 Options Considered: 1. Approve final acceptance of the Former Target Building Demolition project completed by Swofford Excavating, LLC, in the amount of $371,144.80. 2. Do not approve final acceptance of the Former Target Building Demolition project and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: 1 DIRECTOR APPROVAL: 3J%*z0z4 initial/Date COMMITTEE RECOMMENDATION: I move to forward the final acceptance of the Former Target Building Demolition project to the April 16, 2024 consent agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the final acceptance of the Former Target Building Demolition project completed by Swofford Excavating, LLC in the amount of $371,144.80 as complete. " (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: April 1, 2024 TO: City Council Members VIA: - Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director `'.. � Jonathan Strong, E.I.T., Civil Engineer S SUBJECT: Former Target Building Demolition - Project Acceptance Financial Impacts: This is the acceptance of the project as complete, and therefore no additional funds are proposed to be spent as part of this project. No additional funds are needed for maintenance in the after condition as this project eliminates any ongoing maintenance. Background Information: Prior to the release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet the requirements of the State Departments of Revenue, Employment Security, and Labor & Industries. The Former Target Building Demolition Project performed by Swofford Excavating, LLC is complete. The final construction contract amount is $371,144.80. This is $58,713.13 below the authorized maximum contract amount. Rev 7/18 COUNCIL MEETING DATE: April 16, 2024 ITEM #:y CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO APPLY FOR TRANSPORTATION GRANTS POLICY QUESTION: Should City Council authorize the Mayor to submit transportation grant applications? COMMITTEE: Land Use and Transportation MEETING DATE: April 1, 2024 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, City Traffic Engineer DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Approve the proposed submittal of transportation grant applications. 2. Do not approve proposed submittal of transportation grant application and provide direction to staff. MAYOR'S RECOMNIEN 10N: Option 1. MAYOR APPROVAL: IRECTOR APPROVAL: 3I2�'I`1 ' 'y CorniWec until lnitiaMate Ini[i IlJale [nilial/Da[e COMMITTEE RECOMMENDATION: I move to forward the proposed submittal of transportation grant applications to the April 16, 2024 consent agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed submittal of transportation grant applications. " 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: April 1, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Rick Perez, P.E., City Traffic Engineer SUBJECT: Authorization to Apply for Transportation Grants Financial Impacts: The street capital program is funded primarily by leveraging of annual city funding to match available grant funding. The street capital program is funded annually by a combination of dedicated funding sources including: $1.5 Million Real Estate Excise Tax (REST), $320,000 Motor Vehicle Excise Tax (MVET), and $300,000 (on average) Traffic Impact Fees (TIF). Proposed city match funds per proposed grant application per year is detailed below. Operations and maintenance of these projects 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. The asphalt overlay program is funded annually by a combination of dedicated funding sources including: $1.0 Million REET, $500,000 MVET, and $2.0 M of Solid Waste Excise Tax. These funds are used to leverage for preservation grant funds. There are no additional operations and maintenance costs associated with pavement preservation projects given it is rehabilitation of existing infrastructure. Backiround Information: This memorandum provides the Council with the current status of new grant funding programs for transportation improvement projects. Staff has evaluated all projects listed on the City's Transportation Improvements Plan (TIP) and concluded that the following projects will likely be competitive in the 2024 Puget Sound Regional Council (PSRC) Countywide Grant Program. Project ect (Funding Phase) Estimated Project Cost L Grant Pacific Hwy Non -Motorized Trail — Phase 3 (Design) S 288'h — S 272nd Possible Grant Funds Estimated City Match PSRC — Countywide $800,000 $600,000 $200,000 Non -Motorized (Federal Funds) Rev, 7/18 Project (Funding Phase) Estimated Project Cost Possible Grant Funds Estimated City Grant Match City Center Access — BPA Trail Extension Phase 1 (Fight of -Way) S 324' — l 1" PI S to 230 Ave S; 23`° Ave S — S 324`° to S 320`° PSRC — Countywide $2,000,000 $1,600,000 $400,000 Non -Motorized (Federal Funds) I L S 320" Preservation (Construction) Pneifir 14wv S —1-4 ?SRC — Countywide $2,300,000 $1,150,000 S1,150,000 Preservation (Federal Funds Rev. 711 & COUNCIL MEETING DATE: April 16, 2024 ITEM #: �- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ACCEPT TRANSPORTATION GRANT AND AUTHORIZE THE EXECUTION OF THE ASSOCIATED AGREEMENTS POLICY QUESTION: Should Council approve accept the awarded transportation grants and authorize the Mayor to execute the associated Agreements? COMMITTEE: Land Use and Transportation MEETING DATE: April 1, 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 Options Considered: 1. Accept the awarded transportation grant and authorize the Mayor to execute the associated Agreements. 2. Do not accept the award transportation grant and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: 2 3I'UItOL`I Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 16, 2024 consent agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move acceptance of the awarded transportation grant and authorize the Mayor to execute the associated Agreements. " 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: April 1, 2024 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: E.J. Walsh, P.E., Public Works Directorf Rick Perez, P.E., City Traffic Engineer 7%r SUBJECT: Accept Transportation Grant and Authorize Execution of the Associated Agreements Financial Impacts: SR99 Pedestrian Improvements at Federal Way High School (FWHS)_ The $30,200.00 match for the SR99 Pedestrian Improvements at FWHS is proposed to be from the unallocated revenue in 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 (BEET), $320,000 Motor Vehicle Excise Tax (MVET), and $300,000 (on average) Traffic Impact Fees (TIF). Operations and maintenance of this project is expected to be minimal and primarily consisting of additional electricity costs associated with street lighting and warning signs. Operations and maintenance costs will be considered as part of the future budgets once the construction is completed. Background Information: The City has been awarded a WA State Transportation Improvement Board (TIB) early opportunity Complete Streets grant for the construction of pedestrian improvements along SR99 in front of Federal Way High School. Improvements include: striping and signing upgrades, increased street lighting, and median fencing to improve driver awareness of pedestrians and pedestrian compliance to using the protected cross walks. Award of these funds required construction to be completed no later than December 31, 2024. Summary The table below is a summary of the funding of this grant. Rev. 7/18 Project (Funding Estimated Possible Grant Estimated City Match Phase) Project Cost Funds Grant SR99 at FWHS Pedestrian Improvements [Design and Construction TIB — Early $151,000 5120,800 $30,200 Opportunity Complete Streets State Fundin Re, 7/ 18 COUNCIL MEETING DATE: April 16, 2024 ITEM #: . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON STATE DEPARTMENT OF COMMERCE PLANNING GRANT AND INTERAGENCY AGREEMENT POLICY QUESTION: Should the City of Federal Way accept a $107,400 Climate Planning Grant to develop Federal Way's Hazard Mitigation Plan and authorize the Mayor to execute the associated Interagency Agreement with the Washington State Department of Commerce? COMMITTEE: Land Use and Transportation MEETING DATE: April 1, 2024 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kevin Pelley, Emergency Mana egg DEPT: Mayor's Office Attachments: 1. Staff Report 2. Interagency Agreement Options Considered: 1. Accept the $107,400 Climate Planning Grant and authorize the Mayor to execute the Interagency Agreement with the Washington State Department of Commerce. 2. Do not accept the Climate Planning grant and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROV r -3 / DIRECTOR APPROVAL: Cavnci InitiaUDate COMMITTEE RECOMMENDATION: I move to forward the Climate Planning Grant and associated Interagency Agreement with the Washington State Department of Commerce to the April 16, 2024, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the $107,400 Climate Planning Grant and authorize the Mayor to execute the associated Interagency Agreement with the Washington State Department of Commerce. " (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: March 21, 2024 TO: City Council VIA: Jim Ferrell, Mayor FROM: Kevin Pelley, Emergency Manager SUBJECT: Washington State Department of Commerce Climate Planning Grant and . Interagency Agreement FINANCIAL IMPACTS: The City would accept a $107,400 grant from the Washington State Department of Commerce to develop Federal Way's Hazard Mitigation Plan ("HMP"). There is no local match requirement to accept the grant. BACKGROUND INFORMATION: The City of Federal Way has been awarded a Climate Planning Grant, from the Washington State Department of Commerce, to support the development of Federal Way's HMP, which the City intends to develop and adopt by 2025 as an `annex' to King County's Regional HMP. This Climate Planning Grant is funded through the Washington State Climate Commitment Act and is intended to help cities comply with and implement greenhouse gas reduction and hazard resiliency requirements of House Bill 1181. . . WasNncgton State DepaFtment of ►44s► Commerce Interagency Agreement with City of Federal Way through Growth Management Services Contract Number: 24-63610-206 For 2023-2025 Climate Planning Grant Dated: Date of Execution ►& t�lasliirig:a� Slate DeFunmerri of %� (:cxnm�rc � Table of Contents TABLEOF CONTENTS............................................................................................................................................. 2 FACESHEET............................................................................................................................................................ 3 SPECIAL TERMS AND CONDITIONS.........................................................................................................................4 1. AUTHORITY.....................................................................................................................................................4 2. CONTRACT MANAGEMENT.......................................................................................................... .............4 3. COMPENSATION.--..........................................................................................................................................4 4. BILLING PROCEDURES AND PAYMENT.. ............... I .............. ..... . ............... .................................................... 4 5. SUBCONTRACTOR DATA COLLECTION .............................................. ,...:............... :......................................... 5 6. ENSURE COORDINATED CLIMATE COMMITMENT ACT BRANDING................................................................ 5 7. INSURANCE..................................................................................................................................................... 6 8. FRAUD AND OTHER LOSS REPORTING— .... ............................... .................................................... 6 9. ORDER OF PRECEDENCE................................................................................................................................. 6 GENERALTERMS AND CONDITIONS....................................................................................................................... 7 1. DEFINITIONS............................................................ ................ ................... ....................... .... 7 2. ALL WRITINGS CONTAINED HEREIN., ................................................................................................... .......... 7 3. AMENDMENTS................................................................................................................................................7 4. ASSIGNMENT..................................................................................................................................................7 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION.......................................................................... 7 6. COPYRIGHT ...... ............ .......................... ................................................................... ................................... 8 7. DISPUTES .... .................................. ....................................................................................................... 8 8. GOVERNING LAW AND VENUE...................................................................................... .......................... 9 9. INDEMNIFICATION ------ ............................................................................................. .............. .................. ::..... 9 10. LICENSING, ACCREDITATION AND REGISTRATION.......................................................................................... 9 11. RECAPTURE.....................................................................................................................................................9 12. RECORDS MAINTENANCE................................................................................................................................ 9 13. SAVINGS.........................................................................................................................................I................9 14. SEVERABILITY................_................ ..........................................................................................................9 15. SUBCONTRACTING.................................................................................................................................... 10 16. SURVIVAL ................................................ ............................................ ........................................................ — 10 17. TERMINATION FOR CAUSE............................................................................................................................ 10 18. TERMINATION FOR CONVENIENCE............................................................................................................... 10 19. TERMINATION PROCEDURES........................................................................................................................ 10 20. TREATMENT OF ASSETS................................................................................................................................ 11 21. WAIVER.........................................................................................................................................................12 ATTACHMENTA: SCOPE OF WORK....................................................................................... ............................. 1S ATTACHMENTB: BUDGET............................................................................:....................................................... 15 Page 2 of 15 .0►. washing:on State flepa-rment of WIF COflanwMe 1. Contractor City of Federal Way 33325 8th Avenue South, 2nd Floor Federal Way WA, 98003 3. Contractor Representative Kevin Pelley Emergency Manager, City of Federal Way 253-835-2712 Kevin.pelley@cityoffederalway.com Face Sheet Contract Number: 24-63610-206 Local Government Division Growth Management Services 2023-2025 Climate Planning Grant 2. Contractor Doing Business As (as applicable) N/A 4. COMMERCE Representative Noelle Madera PO Box 42525 Climate Operations Team Lead 1011 Plum St. SE 509-818-1040 Olympia, WA 98504 noelle.madera@commerce.wa.gov 5. Contract Amount 6. Funding Source $107,400 Federal: ❑ State: ® Other: ❑ N/A: ❑ 9. Federal Funds (as applicable) N/A 10.Tax ID# N/A Federal Agency: N/A 11. SWV # SW V0015957-00 12. UBI # 600-201-517 7. Start Date Date of Execution ALN N/A 8. End Date June 30, 2025 13. UEI # N/A 14. Contract Purpose For the development of the Growth Management Act (GMA) climate change and resiliency element requirements related to the implementation of HB 1181. COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work and Attachment "B" — Budget. FOR CONTRACTOR Jim Ferrell, Mayor Signature Date FOR COMMERCE <insert name>, <insert title> Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Page 3 of 15 `- 4Mashiny:on Slate i�•�f7 r �•,r 1,40 U; n, i �tf1i< e Special Terms and Conditions 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed one hundred seven thousand four hundred dollars ($107,400), for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the attached Scope of Work and Budget. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly nor less than quarterly. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 24- 63610-206. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Grant Start Date COMMERCE will pay the Contractor for costs incurred beginning July 1, 2023, for services and deliverables described under this Agreement. State Fiscal Year Payments COMMERCE will reimburse Contractor for State Fiscal Year 2024 (July 1, 2023-June 30, 2024), and State Fiscal Year 2025 (July 1, 2024-June 30, 2025), based on the expenses incurred under this Contract. Invoices and End of Fiscal Year Invoices are due at a minimum of June 15, 2024 and 2025, if not submitted at more frequent intervals. Page 4 of 15 .�f WSSIUMIgn slate Depa^resent of %allf Commove Final invoices for a state fiscal year may be due sooner than the 15th of June and Commerce will provide notification of the end of fiscal year due date. The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Line Item Modification of Budget A. Notwithstanding any other provision of this contract, the Contractor may, at its discretion, make modifications to line items in the Budget, hereof, that will not increase the line item by more than fifteen percent (15%). B. The Contractor shall notify COMMERCE in writing (by email or regular mail) when proposing any budget modification or modifications to a line item in the Budget (Attachments B) hereof, that would increase the line item by more than fifteen percent (15%). Conversely, COMMERCE May initiate the budget modification approval process if presented with a request for payment under this contract that would cause one or more budget line items to exceed the 15 percent (15%) threshold increase described above. C. Any such budget modification or modifications as described above shall require the written approval of COMMERCE (by email or regular mail), and such written approval shall amend the Project Budget. Each party to this contract will retain and make any and all documents related to such budget modifications a part of their respective contract file. D. Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 3 of this contract, nor does this section allow any proposed changes to the Scope of Work, include Tasks/Work Items and Deliverables under Attachment A, without specific written approval from COMMERCE by amendment to this contract. 5. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by COMMERCE and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 6. ENSURE COORDINATED CLIMATE COMMITMENT ACT BRANDING COMMERCE received funding from Washington's Climate Commitment Act (CCA). To strengthen public awareness of how CCA funding is used, the Office of the Governor is directing state agencies that administer funding or manage a CCA-supported program to ensure consistent branding and funding acknowledgments are used in all communications and included in funding agreements and contracts. The "Climate Commitment Act" logo and funding acknowledgment make it easy for consumers and the public to see how the state is using CCA funds to reduce climate pollution, create jobs, and improve public health and the environment, particularly for low-income and overburdened populations. Page 5 of 15 . , Washington Slate QcI)�-'n'w alc.,r UIV (,mime ve The following provisions apply to all contractors, subcontractors, service providers and others who assist CONTRACTOR in implementing the climate planning grant. Logo requirements. The CCA logo must be used in the following circumstances, consistent with the branding guidelines posted at climate.wa.goylbrandtoolkit. • Any WA Department of Commerce climate planning grant website or webpage that includes logos from other funding partners. • Any WA Department of Commerce climate planning grant media or public information materials that include logos from other funding partners. Funding source acknowledgement. This standard funding language must be used on websites and included in announcements, press releases and publications used for media -related activities, publicity and public outreach. "The WA Department of Commerce climate planning grant is supported with funding from Washington's Climate Commitment Act. The CCA supports Washington's climate action efforts by putting cap -and -invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov." 7. INSURANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 8. FRAUD AND OTHER LOSS REPORTING Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 9. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: ■ Applicable federal and state of Washington statutes and regulations • , Special Terms and Conditions • General Terms and Conditions ■ Attachment A — Scope of Work • Attachment B — Budget Page 6 of 15 10*41k vsdsi,inu:are Stag papa•*.meat ❑f General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Washington Department of Commerce. C. "Contract" or "Agreement" or "Grant" means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and Page 7of15 . \Vashing.on State Ci'1 of Vladr Co�hilii& e HL All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority Page 8 of 15 V,'dslsing;usi State f0Ullt'i(V prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENT This Contract 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 Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. 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 resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. Page 9 of 15 rwWA WdShmg:cai State rJepa-meet of 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16, SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days' written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. Page 10 of 15 Washington Slate C=flaps ~zme r " rnei"(-t, COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this, contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management Page 11 of 15 'O W, Washington State i r FI .,. %dV Commer,ce practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. 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 Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Page 12 of 15 .!►� l�Yasfring:txsSlale pepa�ment pf d� Ccxnm erne Attachment A: Scope of Work Steps, Tasks Description End Date and Deliverables Step 1 Initialize project, background research and consistency 11/2023-06/2024 review for new HMP Task 1.1 Initial HMP annex development with King County, including project scoping Task 1.2 Develop HMP development scope of work Task 1.3 Perform consistency review and audit of existing plans and policies for climate resilience opportunities, gaps, and barriers, and ensure Federal Way's current base studies, plans, and ordinances used in the HMP are consistent with King County's documents Task 1.4 Review for consistency with HB 1181 Deliverable 1 Summary memo summarizing results of project 6/30/2024 initialization, background research and consistency review Step 2 Support Acquisition for HMP Development 11/2023-06/2024 Task 2.1 Recruitment of staff or consultant support for HMP development Deliverable 2 Proof of consultant contract materials or hiring 6/30/2024 materials for HMP development support ANNO Step 3 Initial Planning Commission briefing on HMP 1/2024-6/2024 Task 3.1 Develop Planning Commission briefing materials Deliverable 3 Packet and minutes from initial Planning Commission 6/30/2024 briefing Page 13 of 15 ►. Wasa lg:orl State DepaTmenl of Gor3nmeiXT Steps, Tasks and Deliverables Description End Date Step 4 Conduct a Risk Assessment 1/2024-9/2024 Task 4.1 Conduct Threat and Hazard Assessment Task 4.2 Conduct Vulnerability Assessment Task 4.3 Review for consistency with HB 1181 Deliverable 4 Draft Risk Assessment 9/30/2024 Step 5 Develop an Action Plan to mitigate hazards 8/2024-12/2024 Task 5.1 Identify critical vulnerabilities Task 5.2 Develop goals, policies and plans of action to mitigate hazards Task 5.3 Review for consistency with HB 1181 Deliverable 5 Draft Action Plan 12/31/2024 Step 6 Prioritize actions and develop HMP 1/2024-6/15/2025 Task 6.1 Prioritize actions Task 6.2 Draft HMP Task 6.3 Review for consistency with HB 1181 Deliverable 6 Draft HMP Annex 6/15/2025 Page 14 of 15 �, tiYashfng:sxt Slate ���ment of CMnmen!e Attachment B: Budget Deliverables c_ ominerce (: r.f n I Fu n i s Deliverable 1: Summary memo summarizing results of project initialization, background research and consistency review $10,000 Deliverable 2: Proof of consultant contract materials or hiring materials for HMP development support $2,500 Deliverable 3: Packet and minutes from initial Planning Commission briefing $2,500 Deliverable 4: Draft Risk Assessment $30,800 Deliverable 5: Draft Action Plan Deliverable 6: Draft HMP Annex $30,800 $30,800 Contract Total: $107,400 Page 15 of 15 COUNCIL MEETING DATE: April 16, 2024 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JOINT USE OPERATIONS AND MAINTENANCE FACILITY — 85% DESIGN REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should City Council authorize staff to proceed with bidding of the Joint Operations and Maintenance Facility and return to Land Use and Transportation Committee and Council for authorization to award? COMMITTEE: Land Use and Transportation MEETING DATE: April 1, 2024 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT B Desire6 S. Winkler, P.E., Duty Director DEPT: Public Works Attachments: 1. Staff Memo to LUTC dated April 1, 2024. Options Considered: 1. Authorize staff to proceed with bidding of the Joint Operations and Maintenance Facility and return to Land Use and Transportation Committee and Council for authorization to award. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: "$tuasm C mmit uncil lnitial/I7ntc Iniiia aic I iali tc COMMITTEE RECOMMENDATION: I move to forward the Option I to the April 16, 2024 consent agenda for approval. Jack Dovey, Committee Chair Hoang Tran, Committee Jack Walsh, Committee Member Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with bidding of the Joint Operations and Maintenance Facility and return to Land Use and Transportation Committee and Council for authorization to award. " 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: April 21, 2024 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director` 14 � Ot besiree S. Winkler, P.E., Deputy Public Works Director SUBJECT: Joint Use Operations and Maintenance Facility — 85% Design Report and Authorization to Bid 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 (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. 13ack2round 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. Progress to Date: • Completed 85% Design • Property Acquisition (100% complete) • Land Use, Building, and Engineering Permit Submittal Next Steps: Complete permitting (Land Use, SEPA, and Building) (May 2024) Rev. 7/18 ■ Complete bid documents (May 2024) ■ Bond package developed and brought to council (May/June 2024) ■ Advertise and Award (May/June 2024) Budget Base Program Construction, Professional Services, Permittin , 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) 95% F.stimate Base Pro Construction, Professional Services, Perm ittin , FF&E) $ 37,470,000 Fleet & Fueling (Construction, Professional Services, Permitting, FF&E) SWAT Vehicle Storage $ 5,900,000 $ 480,000 Property Ac uisition $ 8,000,000 TOTAL $ 51,850,000 Notes: • Construction contingency at 15% _ $4,700,000. ■ Design & Professional Fees at 15% _ $4,700,000. ■ Permits & Utility Fees at 4% _ $1,200,000. ■ FF&E at 4% _ $1,200,000. Difference $ 4,500,000 Rev. 7/18 COUNCIL MEETING DATE: April 16, 2024 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: JOINT USE OPERATIONS AND MAINTENANCE FACILITY — FRONTAGE IMPROVEMENTS - 85% DESIGN REPORT, TRANSFER CAPITAL IMPROVEMENT FUNDS, AND AUTHORIZATION TO BID POLICY QUESTION: Should City Council authorize transfer of Capital Improvement Program transportation funds and bidding of the Joint Operations and Maintenance Facility Frontage Improvements, and return to Land Use and Transportation Committee and Council for bid award? COMMITTEE: Land Use and Transportation CATEGORY: ® Consent ❑ Ordinance MEETING DATE: April 1, 2024 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: _ esiree S. Winkler, P.E.,_ Deputy Director DEPT: Public Works Attachments: 1. Staff Memo to LUTC dated April 1, 2024. Options Considered: 1. Authorize transfer of Capital Improvement Program transportation funds and bidding of the Joint Operations and Maintenance Facility Frontage Improvements, and return to Land Use and Transportation Committee and- Council for bid award. 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL' DIRECTOR �j APPROVAL: 3h., &e1 C mmi[[e C ncil InnialfDa[e ivalfU c fai ai1B COMMITTEE RECOMMENDATION: I move to forward the Option 1 to the April 16, 2024 consent agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize transfer of Capital Improvement Program transportation funds and bidding of the Joint Operations and Maintenance Facility Frontage Improvements, and return to Land Use and Transportation Committee and Council for bid award. " 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: April 1, 2024 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director 6vMesiree S. Winkler, P.E., Deputy Public Works Director SUBJECT: Joint Use Operations and Maintenance Facility — Frontage Improvements — 85% Design Report, Transfer of Capital Improvement Funds, and Authorization to Bid Financial Impacts: The cost for the frontage improvements (roadway and sidewalk improvements along the front of the O&M Facility) are currently included in the adopted 2023-2024 budget under Project 205 for improvements around Steel Lake Annex property. The project site location was moved from Steel Lake Annex to the current location north of the existing Operations and Maintenance Facility after the current budget was adopted. The frontage improvements along 28th Ave South are included in the current 6-Year Transportation Improvement Plan (2024-2029) (Project 45). The funding for the frontage improvements is from a combination of Transportation Capital Funding (Real Estate Excise Tax (REET), Motor Vehicle Excise Tax (MVET), and Traffic Impact Fees (TIF)) and Surface Water Management (SWM) Fund capital funds. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through street maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. 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. Completing frontage improvements (curb and gutter, sidewalk, landscape strip, street lighting, and storm drainage) are required as part of new development. Rev. 7/18 Progress to Date: • Completed 85% Design Next Steps: ■ Complete bid documents (May 2024) • Advertise and Award (May/June 2024) Budget SWM Funds* $ 1,100,000 Transportation Capital BEET, MVET, TIF $ 2,235,000 TOTAL $ 3,335,000 *---30% of O&M Facility is for SWM Programs Expenditures Construction Contract plus Contingency $2,890,000 Design $ 200,000 Construction Engineering $ 200,000 TOTAL 1 $3,290,000 Rev. 7118 COUNCIL MEETING DATE: April 2, 2024 ITEM #� . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DISCUSSION OF ADDITION OF A 2024 COUNCIL GOAL TO PRIORITIZE AIRPORT ISSUES POLICY QUESTION: Should the LUTC recommend to the full city council the adoption of a 2024 Council goal to prioritize airport issues with the Land Use and Transportation (LUTC) designated as the lead Council committee? COMMITTEE: Land Use and Transportation MEETING DATE: April 1, 2024 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolutioe X Other STAFF REPORT BY: Bill Vadino, Policy Advisor ✓/ _ _ _ DEPT: Mayor's Office Attachments: Staff Report Options Considered: 1) Refer for City Council discussion 2) Do not refer to City Council MAYOR'S RECOMMENDMION: Refer to City Council MAYOR APPROVAL: COMMITTEE RECOMMENDATION: N/A APPROVAL: N/A Initial/Date Jack Dove , Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2017 RESOLUTION # MEMORANDUM DATE: March 22, 2024 TO: Land Use & Transportation Committee (LUTC) VIA: Jim Ferrell, Mayor FROM: Bill Vadino, Policy Advisor R� SUBJECT: Discussion of the addition of a City Council annual goal to prioritize airport issues with the Land Use and Transportation (LUTC) designated as the lead Council committee BACKGROUND At the March 19, 2024 Federal Way City Council meeting, there was a recommendation by the Mayor regarding the addition of a 2024 Council goal to "Highlight air emissions, noise, safety issues and the upcoming SEA airport master plan public process for airport expansion. Lead: Land Use and Transportation Committee." The inspiration for this goal is to reaffirm the commitment of the City focus on the issues related to the impacts of the airport. This is especially timely as the Port of Seattle will soon begin a process called the Sustainable Airport Master Plan (SAMP) for analyzing the environmental impacts of the proposed airport expansion (SAMP). The process will begin late in the summer of 2024. It was decided to refer the discussion to the April 1, 2024 Land Use and Transportation Committee. The result of that deliberation would be on the agenda of the April 2, 2024 Federal Way City Council meeting. The Sustainable Airport Master Plan (SAMP) projects an increase in annual passengers handled from 46.9 million in 2017 to 56 million in 2027, and further increasing to 66 million by 2034. This will result in greater noise and health impacts on Federal Way residents. SAMP "near -term" projects are estimated to cost $15 billion, are to be completed in 2027, and consist of: • 19 additional gates • New passenger terminal (located on the existing main entrance road and a portion of the near -term parking garage) • High-speed taxiway turnoffs • Added cargo facilities • 30+ other projects to improve safety, provide support facilities, improve efficiency, and access to the airport The timeline is below. 2024 Existing Condition Draft Sections = Key milestones = Agency nd Pubic Comment Period impact Analysis Draft Sections NEPA EA Final Document & Decision SEPA EIS Final Document & Decision 2025 2026 NEPA EA Agency & SEPA EIS Agency & Public Review Public Review Complete ' Complete (Q] 2025) (Mid Q3 2025) NEPA EA Draft Document Agency and Public Comment Period I SEPA EIS Draft Document Agency and Public Comment Period JLate Q2 2025) Commission considers/approves projects) The process begins with the release of a draft documents during the late summer of 2024, It will be followed by the release of a draft federal NEPA (National Environmental Policy Act) document that will begin a public comment process that will take place sometime in the 4th Quarter (September -December 2024) to be completed in early 2025. The comment process is projected to be 30 days. Next will be the release of a draft state SEPA (State Environmental Policy Act) document with a public comment process late in the 2nd quarter of 2025 (April -June) to be completed in 3d quarter of 2025 (August -September). This comment process is also projected to be 30 days. After the NEPA and SEPA processes are complete, under state and federal environmental impact laws, completion of these two separate analyses must be certified by the Port Commission before the airport expansion legally can proceed. The timeline for Port Commission deliberation is late 2025 to early 2026. That will be the third opportunity for community comment. The FAA and Port of Seattle will be giving effected communities' thirty -days' notice of the beginning of the public involvement process for review and comment the draft EA. Under NEPA the public involvement process/comment period is usually 30 days. The FAA and Port of Seattle have been asked to increase the notice of the NEPA review process start date to sixty days, and additionally increase the public comment period to 60 days. The policy question is should the LUTC recommend to the full city council the adoption of a 2024 Council goal to prioritize airport issues with the Land Use and Transportation (LUTC) designated as the lead Council committee? For reference, below are a summary and links to the history of the City of Federal Way's commitment to issues relating to the impact of the airport on our city. Mayor's Quiet and Healthy Skies Task Force Report This is the pre-eminent document for working on our residents challenges with airport noise and health is the road map to deal with the impact of airport aviation noise and health issues including a community focus on the upcoming Sustainable Airport Master Plan (SAMP). A major focus of the task force report is the airport's huge increase in flights during the years leading up to the pandemic, in part enabled by the Port's non -intended use of the controversial Third Runway that opened in 2008, and the corresponding increase in noise and health impacts on Federal Way residents. These impacts are described in Chapter III, "Sea-Tac Noise and Health Impacts... Potential Abatements and Mitigations" and Chapter V, "Health Impacts of Increased Air Traffic." Of note is that operations at SEA has increased from annual passengers handled from 46.9 million in 2017 to a projected 56 million in 2027, and further increasing to 66 million by 2034. This increases the impact on the health issues from the resulting noise and particulates, as outlined in our task force report and research that has been completed since the report. The impacts since the 3rd runway was opened in 2008 have been unmitigated, despite a six -fold increase in traffic. Of concern is that data that will be used will be skewed as the pandemic artificially suppressed operations data. The health impacts of noise and emissions since the 2018 task force report was published remain major concerns. The impacts are unmitigated. Federal Way continues to not be eligible for home and apartment sound insulation packages. An important first step was taken recently by the Washington State Legislature to make the most impacted part of Federal Way eligible for potential noise mitigation using the Port's $80 million/year in property tax revenues; however, the FAA and the Port of Seattle need to act. Chapter V (page 46), highlights aircraft pollution in general, as well as the harmful impact of nitrogen oxides and ultrafine particles and gives recommendations on mitigation strategies. Although repeatedly delayed due to the pandemic, both the federal draft Environmental Assessment (EA), and state draft Environmental Impact Statement (EIS), are finally expected to be issued this year. Chapter VI also summarizes the history of the controversial Third Runway, lessons learned from the lawsuit Federal Way and neighboring cities and school districts to the north filed against its draft EIS, and recommendations that City Council adopted to deal with the SAMP EIS and related matters. Specific detail of the SAMP projects are shown at the end of this report via a link. For discussion next month The next LUTC update will feature a discussion about how to best maximize resident input on the expansion proposed by the Port of Seattle regarding the SEA-TAC airport. Joining me for this LUTC presentation will be community volunteers Dave Berger who was one of the authors (along with Mayor Ferrell's previous policy advisor) of the Mayor's Quiet and Healthy Skies Task Force Report that City Council adopted on October 16, 2018. Mike Brugato, the other resident member of StART will also be available. Dave Berger and Mike Brugato are Federal Way representatives on other regional committees that deal with Sea-Tac airport issues. Also, as recommended by the Mayor's Quiet and Healthy Skies Task Force Report, there will be discussion regarding the City engaging the technical and legal expertise needed for analysis and response to the forthcoming SAMP. The SAMP Draft Environmental Impact Statement (DEIS), is likely to be hundreds of pages in length. Additional expertise will be needed to identify and compile written comments related to potential factual flaws, inadequately supported conclusions, and unanswered questions in the DEIS regarding potential future noise and health impacts. Below are links with more information for more recent updates on aviation noise and health issues: Federal Way Mayor's Quiet and Healthy Skies Task Force Report htt s: www.ci offederalwa .com sites default files uiet%20Heatth%20Skies°/a20Task%2OForce%a2008-02-2018. df Sustainable Airport Master Plan (SAMP) https://www.portseattle.org,jolaiis/sLista h table-airport-master-plan-samp SAMP Project Executive Summary htt s: www. ortseattle.or sites default files 2018-05 180515-SAMP-Executive-Summa df Highline Forum https.,//www.portseattle.org/­­page/highline-forum This group is also facilitated by the Port of Seattle. The City of Federal Way, along with the Highline area cities of Burien, Highline, Normandy Park, Tukwila and SeaTac are members along with Highline Public Schools and Highline College. Over the past year, Councilmember Lydia Assefa Dawson has served as the Co -Chair. The Highline Forum provides Southwest King County municipalities, educational governing bodies and the Port of Seattle with the opportunity to share information, interact with outside speakers and other governmental organizations and work in partnership on initiatives that benefit the residents of Southwest King County. Part of the agenda is the sharing of updates from the Seattle -Tacoma Airport Stakeholder Advisory Round Table (StART). SEA Stakeholder Advisory Round Table hops:Ilwww.portsea#tle.orR/pae/StART Partners We resumed membership in in November 2020. The cities of Burien, Highline, Normandy Park, Tukwila and SeaTac are also members. The purpose of StART is to be a forum for information -sharing, discussion of Highline Forum -member cities' concerns, and provides feedback to the Port for issues related to the airport. There are also two working groups that discuss issues and report to the main StART group, the Federal Policy Working Group and the Aviation Noise Working Group. The full StART group and both working groups meet every two months. Commercial Aviation Coordinating Commission https://wsdot.wa.gov/aviation/commission/home.htm UW Ultra -Fine Particle Research https://deohs.washington.edu/cha racterization-urban-nanoparticles https://deohs.washington.edu/mov-up Results of the Commerce Department Study on Sea-Tac Airport impacts htt s: www.commerce.wa. ov servin -communities rowth-mans ement rowth-mans ement-to ics sea-tac- airport-impact-study/ Deliberations of the Commercial Aviation Coordinating Commission htt s: wsdot.wa. ov travel aviation commercial-aviation-coordinatin -commission COUNCIL MEETING DATE: N/A ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RECREATIONAL VEHICLE CODE AMENDMENT POLICY QUESTION: N/A COMMITTEE: Land Use & Transportation MEETING DATE: April 1, 2024 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven ................................ ............I......_....... . _.... .................. ... Attachments: Staff Report MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: Committee Initial/Date COMMITTEE RECOMMENDATION: N/A Council Initial/Date DEPT: CD_ DIRECTOR APPROVAL: W 15 Mar 24 Initial/Date Committee Chair Committee Member PROPOSED COUNCIL MOTION: N/A Committee Member (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 15, 2024 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Keith Niven, AICP, CEcD W W SUBJECT: Recreational Vehicle Code Amendment Financial Impacts: There are no financial impacts to the City for considering this code amendment. Background Information: In March, the Council adopted an ordinace prohibiting parking of recreational vehicles on all city streets in non-residential zones and prohibiting the parking of recreational vehicles on all city streets in residential zones unless the RV is parked within 300' of the property listed on the RV's registration. As this proposed ordinance moved through the Land Use & Transportation Committee, there was a request from the City Council that staff consider further changes to City code that might improve the allowance for RVs to be parked on residential properties. This information item is an opportunity to revisit the allowance under current code; and, to discuss whether the City might want to entertain potential revisions to this section of the City code. Rev. 7/18