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02-15-2022 Council Packet - RegularCITY OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall - Council Chambers* *remote attendance option available via zoom February 15, 2022 - 6:30 p.m. Notice: Due COVID-19 and pursuant to Governor Inslee's Proclamation 20-28 the Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unable to attend in person: • Watch the meeting live via Federal Way YouTube Channel • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted via email here, or sign up to provide live comments here • Zoom meeting code: 363 503 282 and passcode: 738163 Masks are required inside City Hall, and are to be worn at all times when attending in - person meetings regardless of vaccination status. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Certificates of Appointment - Human Services Commission b. Certificate of Appointment - Planning Commission c. Certificate of Appointment - Independent Salary Commission d. Certificate Mayor's Emerging Issues and Report • Mayor's State of the City — Thursday, February 24 at 6:00 p.m. • City Council Annual Retreat — Saturday, February 26 at 8:30 a.m. • Interim City Administrator Brian Davis e. Council Committee Reports • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Deputy Mayor Report & Regional Committees Report (PIC) • Council President Report The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 4. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: February 1, 2022 Regular and Special Meetings b. Selection Process: 2022 Amendments to the Comprehensive Plan c. Authorization to Apply for Conservation Futures Tax Levy (CFT) Grant d. 2022 Asphalt Overlay Project Approval to Award e. 2021 Asphalt Overlay Project — Authorization to Increase Contract Expenditures f. 2022 Citywide Storm Repair Phase 4 Approval to Bid g. 2020 Citywide Storm Repair Phase 3 — Project Acceptance h. Citywide Fiber Loop Project — 30% Presentation i. 2021 Citywide Pavement Repair Project — Final Acceptance J. 2020-2021 Neighborhood Traffic Safety (NTS) Program — Contract Increase k. WSDOT Operations and Maintenance Agreement for Adaptive Traffic Control System I. Transportation Grants Funding Applications m. Contract Increase for Concreate Beveling Services — Trip Hazard Removal Contract n. Summer Experience and Enrichment for Kids Grant o. Parks & Recreation Commission 2022 Work Plan p. Cummins, Inc. Generator Maintenance and Repair Agreement 6. PUBLIC HEARING a. Council Bill #812/Amending Title 19 of the FWRC regarding Public Transportation Facilities (postponed from October 19, 2021 & January 18, 2022) • Staff Report: Brian Davis, Community Development Director • Public Comment — 3 minutes each 7. COUNCIL BUSINESS a. Downtown Revitalization Plan Discussion b. Authorization for Request for Proposal (RFP) for Town Center 3 (former Target Property) c. Monetary Retention Incentive for City Employees The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 8. ORDINANCES First Reading a. Ordinance: Council Bill #812/Amending Title 19 of the FWRC regarding Public Transportation Facilities (postponed from October 19, 2021 & January 18, 2022) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PUBLIC TRANSPORTATION FACILITIES; AMENDING FWRC 19.05.120, 19.05.200, AND 19.105.020; AND ADDING NEW SECTION S TO CHAPTERS 19.225 AND 19.240 FWRC. (Amending Ordinance Nos. 17-834, 15-804, 09-630, 09-610, 09-593, and 97-295) Staff Report presented at the public hearing Public Comment — 3 minutes each 9. COUNCIL REPORTS 10. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. -0 r fil- is ... I I P, -4 1 1 . I I - I . I I I I I I I I . I I I I k,4 , ..i ". 1 .111 .. I I . I 11, 1 11 , 4 1 as ......................... ........... . ... P I I ... ....... .. ..... . ..... - ..... .... .. I ......... CITY OF F era ay e Centered on Opportunity Certificate of Appointment In Accordance with Federal Way Revised Code 2.55, Aaron Walsh is hereby appointed to serve as a voting member of the Federal Way Human Services Commission for a term to expire January 31, 2024. 'm Ferrell, Mayor '--qn a Kochmar, Council )President ot Susan Honda, geputy Mayor LycftAssefa-Dawsa Co ember Eric c&r wn, Coun 'imember Hoang V. TXn, Counciln7ember lop Ish, Councilmember "ac Dovey, Council Dated this 15th day of February, 2022 .... ................ ..... . . .. ... . ...... -..r ................ . . ............... ...... . ...... . ......... . ... .. .. . ... .. ....... .. . . -E- a „ ............ „....I.,I.......„II1,,1,,,1;, P., k1ld I I,,,,,rro.I.,,.,,IIII„',,,,,1:,1 �„II.,I..„'„ I ..I...I.,Iw „I..,1 II....,4,.,,. ;, 1..I1.....11.I„„��„��.-I ............... ..... ,...,,.... , ,., I I,I..11,.,.. it CITY OFIlk Fe if ' deral Centered on Opportunity � p� Y Certificate of Appointment In Accordance with Federal Way Revised Code 2.55, Cynthia Ricks-Maccotan is hereby appointed to serve as a voting member of the Federal Way Human Services Commission for a term to expire January 31, 2025. im Ferrell, Mayor Li da Kochmar, C un d President Susa Han a Dep y Mayor Ly a Assefa-Dawso Counalmember E 7 orton, Councilmember Hoang V. ran, Council tuber Walsh, Councilmember ac Davey, Councilm Dated this 15th day of February, 2022 _ _ - .i,ii... ,., i.ii..�i.� ,ii.iii _i..i i,. i... ii.ii .i.. i. i. i.^i...... ...i i,li II ill .. 771 73-1 Km WW KNOROWKNIN CITY OF Federal Way Centered on Opportunity Certificate of Appointment In Accordance with Federal Way Revised Code 2.55, ' Ken Stark is hereby appointed to serve as a voting member of the Federal Way Human Services Commission for a term to expire January 31, 2025. 04 J' errell,fAayor Lm Kochmar, Council President Susa Hond , Deput Mayor Ly ' ssefa-Dawso Councilmember is Orton, Councilmember Hoang V, Tran, Councilmember alsh, Councilmember Ja Dovey, Counci a ber - Dated this 15th day of February, 2022 =11ff ��_ -- — - :- _ - _ -- .............. ;Z ........... . .......... .......... IL H Plk I I �P. . k.4 I ............ . ...... .......... .............. . P", I k, k., h4l Z. I k. is". CITY OF Federal Way Centered on Opportunity 7 Certificate of Appointment In Accordance with Federal Way Revised Code 2.55, A4 Schulk �_-V ry is hereby appointed to serve as a voting member of the Federal Way JAW Human Services Commission for a term to expire January 31, 2025. II rn Fe ell,Mayor Li da Kochmar, Go6nUl President 41 YL 0C A - Susan Honda, Depu Mayor Lyq Assefa-Daws. councilmember " Erton, counci[4ETn�ber Hoang V, Tranl, tj concilrnernber Jac alsh, Councilmember jc Dovey,Counci e r Dated this 15th day of February, 2022 --I,- ............. .......... ........ ........ . ..... .... . . ..... . ... ... Fj-,,7„, „ - .......... - . ......... .. __ , ` CITY OF A. V:Federal Way Centered on Opportunity Certificate of Appointment In Accordance with Federal Way Revised Code 2.90, Vickie Chynoweth is hereby appointed to serve as an alternate member of the Federal Way Planning Commission for a term to expire September 30, 2024. im Ferrel , Mayor 4Uaochmar, Cou �,-irsid�e�n:t -60r�-- art - `� 90 Susan Honda, Deput Mayor Ly a ssefa-paws unci member Ed rton, Counciimember Hoang V. Tran, ouncilmember Jack , Councilmember J. c Bey, Councilor r = Dated this 15th day of February, 2022 r-r r+�`. ,�a.e.v j ��-rt•r.��.. �`..")i, ;. `1'�. `n�Y'�Z I-'�.:i I"�'"3�Y=�'�, --�s�t`-`.��_' 1""`�'"�..%'i`L i ��'� t.•r L �r �r .,, All ; 3 " � .. .} .y rA .1. .t s 3 3. -1 .} } ry ..l .L A s'� s s .} �• jo - — - - •' CITY OF eral Way Centered on Opportunity j Certificate of Appointment In Accordance with Federal Way Revised Code 2.80, Gregory Baruso I is hereby appointed to serve as a voting member of the Federal Way r IE Independent Salary Commission for a term to expire February 28, 2024. i = _ Y � T �I Ferre , Mayor Lin a Kochmar, Council President Susan Hond , Depu y Mayor Ly Assefa-Dawson, uncilmernber �^ J Orton, Councilmernbe� Hoang V. Cound mem er ' ` Jaa Walsh, Councilmember ack Bey, Councilme r "J Dated this 15th day of February, 2022 _-_ -- „ . li I I , ' LK - - -- - - _ ___ - -- _ - __ _ _ �.. ' - - - -- - - — - -� -.............- .�� i��i�� ii„,�.�,��.�„—�..,:�::�.�- �..� .. .... ..��..�. ��..,. �,...��,..........., I— COUNCIL MEETING DATE: February 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the February 1, 2022 Regular and Special Meetings? COMMITTEE: N/A CATEGORY: N Consent ❑ Ordinance ❑ City Council Business ❑ Resolution MEETING DATE: N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk m DEPT: Mayor's Office Attachments: Draft minutes for the February 1, 2022 Regular and Special Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A N/A CITY CLERK APPROVAL: Council Initial/Date 91 9 IaitiaUDate N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF * Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers* *Remote attendance option available via Zoom February 1, 2022 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:36 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney Mayor Ferrell announced excused Councilmember Hoang Tran. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. COUNCIL PRESIDENT KOCHMAR MOVED TO POSTPONE ITEM 7A INDEFINITELY; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously 6-0. Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes 3. MAYOR'S KEY TO THE CITY - FORMER COLINCILMEMBER MARK KOPPANG Mayor Ferrell welcomed former City Councilmember Mark Koppang back to Council Chambers. He presented him with the Mayor's Key to the City for his work in the community both as a volunteer and as a Councilmember. Former Councilmember Koppang thanked the Mayor for this honor and noted Federal Way always feel like home. While no longer located in the city due to a relocation for his career, he stays connected through social media and other news outlets. He is extremely proud of the changes he was a part of while on the Council and the changes coming to further develop the downtown. He encouraged everyone to act with intentional kindness and looks forward to watching Federal Way's bright future. At 6:46 p.m. Mayor Ferrell announced the Council would recess for a brief reception honoring former City Councilmember Mark Koppang. The Mayor reconvened the meeting at 7:00 p.m. Federal Way City Council Regular Minutes Page 1 of 9 February 1, 2022 4. PRESENTATIONS a. Proclamation: Black History Month — February 2022 Councilmember Norton and Councilmember Assefa-Dawson read and presented the proclamation to Tirzah Idahosa with the Federal Way Black Collective; Trenise Rogers, Chair of the Diversity Commission; and Maisha Barnett on behalf of the Barnett/Conna Family. Ms. Idahosa thanked the Council for the proclamation and requested actions be taken to acknowledge the Black and African Diaspora Community. She would like to Mr. Conna recognized by naming a school, park or street named after him. Ms. Rogers thanked the Mayor and Council and yielded her time to Ms. Barnett. Ms. Barnett accepted the proclamation on behalf of the Barnett/Conna family. She spoke to the deep history of her family who settled in Federal Way, owned land, and were successful in various business endeavors. Council President Kochmar thanked Diana Noble Gulliford and Jerry Knutsen of the Federal Way Historical Society for bringing this idea forward. b. Municipal Court/Community Court Update Judge Dave Larson was unavailable and presented his update later in the meeting. c. Mayor's Emerging Issues and Report • Judicial Vacancy & Appointment Process for Municipal Court Judge: Human Resource Manager Vanessa Audett presented background on the Municipal Court Judges, noting the last three elections the Judges have run unopposed on the ballot, including most recently in November 2021. This is an appointment to fill the unexpired term of Judge Robertson through December 31, 2025. She provided the advertisement and press releases issued regarding the vacancy, and stated she screened the applications based on a criteria of criminal law experience, judicial experience, King County residency requirements, and the King County Bar Association Rating. She then invited the top candidates to interview with a panel which included Councilmembers, professionals in the field, and community representation. Ms. Audett reported the selection panel included Council President Kochmar, Deputy Mayor Honda, Retired Pierce County Superior Judge Jack Nevin, Pierce County Prosecuting Attorney Mary Robnett, Criminal Defense Attorney Todd Howard, Hart Insurance Agency President Dan Papke, Direction of Everyone Can Win Consulting and Director of Operations, Game of Life Winston Bell, and herself as the facilitator of this panel. She provided details on the panel discussion including the commitment to community interest in diversity and advancing the most qualified applicants. Mr. Bales was recommended unanimously as the first choice for the appointment by the panel with a 7-0 vote. Federal Way City Council Regular Minutes Page 2 of 9 February 1, 2022 Mayor Ferrell interviewed the top candidates following the panel interview, and agreed with the panel recommendation, selecting Mr. Bales as the most qualified. Ms. Audett provided Mr. Bales professional background and experience which led to his appointment. Councilmembers thanked Ms. Audett and asked clarifying questions of the process • Municipal Court/Community Court Update: Municipal Court Judge David Larson joined the meeting and spoke to the lack of media coverage of the judicial vacancy. He noted the importance of the judicial branch of government maintain integrity and independence, which he believes was at the center of the process. Judge Larson provided an update on the court and making sense of the intersection of behavior health and criminal justice. He provided feedback on the Peer Navigators Program and how it helps people navigate the system and be successful with the steps they are required to take. The judge also spoke about the Sequential Intercept Model which includes community - based police, courts/jails, courts post disposition, jails and probation. He noted the current fragmented approach does not always lead to success and each step is often competing for limited funds. He supports a regional solution and regional resource networks to best use the resources for the best results. Stakeholders in this process include law enforcement, courts, jails, probation, peer navigators, treatment facilities, treatment agencies, social service agencies and community -based programs. Judge Larson provided the status of partners and programs for each of the five intercept models. He further discussed adding diversion programs and the current approach of Crime — Punitive — Therapeutic compared to the proposed approach of Crime — Therapeutic — Punitive. Councilmembers thanked Judge Larson for the presentation and asked questions regarding funding for Community Court and if the Intercept Model connects to the Restorative Community Pathways (RCP) program. Questions were also raised about the peer navigator program and the steps needed to become a peer navigator. • Recent Community Events Mayor Ferrell reported on Retail Safety Summit Recap that took place on January 20 via Zoom with over 900 participants on the call. He believes it was a helpful meeting; the city and police department are working with the retail association and business community to address organized retail theft. He thanked Michelle Roy and her team who led the meeting. • Upcoming Events Mayor Ferrell reported the City Council Retreat is scheduled for February 26 at Dumas Bay Centre 8:30 a.m. He also invited all to attend the Mayor's State of the City Address on Channel 21 and YouTube pm Thursday, February 24 at 6:00 p.m. d. Council Committee Reports Federal Way City Council Regular Minutes Page 3 of 9 February 1, 2022 Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember Walsh reported the next meeting will be February 8. Land Use/Transportation Committee (LUTC): Councilmember Dovey reported the next meeting will be Monday, February 7. Finance, Economic Development Regional Affairs Committee (FEDRAC): No report was provided. Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson reported the next meeting is canceled due to lack of a quorum and the Committee is working to fill vacancies. Regional Committees Report (PIC): Deputy Mayor Honda reported the next meeting of the PIC (Public Issues Committee) Committee of Sound Cities Association will be February 9 at 7:00 p.m. She noted the items to be discussed and encouraged councilmembers to attend the meeting which includes all other cities other than Seattle. Deputy Mayor Report: Deputy Mayor Honda reported the Executive Assistant to Council position has been filled and she is excited to welcome Amy Glandon who will begin on Monday. Council President Report: Council President Kochmar reported the next FEDRAC meeting will be February 22, 2022. 5. PUBLIC COMMENT Cheryl Hurst, on behalf of Do the Right Thing, shared about the upcoming 8th annual March of Diapers. Sarah Nelson requested that the Council Rules of Procedure be amended to add that those giving comment state their interest in Federal Way. She also asked that written comments continue to be read at the meetings. Jac uel n Copley expressed concern about crime in Federal Way and voiced her desire to have written comments continue to be read at the Council Meetings. Ken Blevens does not feel that crime is lessening in the city. He shared his desire to do better to compassionately but firmly address the homelessness and drug addiction issues in Federal Way. Bob Drake distributed photos and information to the City Council. Mr. Drake spoke about shooting that took place at Uptown Park Apartments on January 31 and advocated to better fund our police department. Dara Mandeville is wondering when the 2021 crime statistics for Federal Way will be released She also expressed frustrations regarding the Eyes on Federal Way application and is concerned over staff wasting time adding entries to the app. Savelio Makasini works as a youth navigator at the Pacific Islander Community Association working with youth from Federal Way, Auburn, Kent and Renton. He shared about the work that their program does to help youth. Calson Tommy Tiwe on , a youth organizer for Pacific Away Finders, shared the ways that pausing the RCP Program will negatively impact their program. Federal Way City Council Regular Minutes Page 4 of 9 February 1, 2022 Helen Kubik spoke regarding the Special City Council Meeting held January 18th stating that she would like to see improvements as the Commons Mall before we consider a pedestrian bridge to connect the light rail station to the mall. Pat Montgomery spoke in favor of the RCP programs stating that they are too important to not consider consensus amongst all stakeholders. Ay Amusre clarified the issues Judge Larson is describing and the RCP Programs are two separate matters. Ron Taylor thanked Judge Larson for his insight and recommendations regarding the Sequential Intercept Model. Mr. Taylor would like to see some sort of recognition of John Conna in the form of a street name, park or something along those line in Federal Way. Betty Taylor advocated on behalf of her deceased grandson, Ezra, for better accountability in our judicial system to address gun violence. Anna Patrick shared her disappointment with King County and feels a pause in the RCP program while questions are answered would be beneficial. Denise Yun expressed elected officials should talk to at risk youth and not wait for an invitation. She also stated Federal Way is very diverse and feels positions within the City should reflect this. Tirzah Idahosa addressed the RCP program recognizing while it may not be perfect but it is doing something to help the community. Ms. Idahosa stated a desire to see City Council do more through action. Saudia Abduella asked council to expand the eligibility of diversion programs. She also expressed a desire to pause the appointment of the new court judge in order to widen the search for a candidate. Sai Samineni requested council vote to re -appoint Cynthia Ricks-Maccotan to the Human Services Commission. Ms. Samineni also expressed opposition for the Sequential Intercept Model. Lyn idahosa is saddened that youth are attending and speaking to what they need but it seems their voices are not being heard. She also advocated to keep the DEI position in the City budget. Dr. Timmie Foster requested that Council hold off on appointing a new judge and focus more on diversity and inclusion on that role. At 9:21 p.m. Mayor Ferrell announced the Council would take a brief recess. He reconvened the meeting at 9:30 p.m. Emails from Joan Tarnow and Jacquelyn Harris read by the City Clerk opposing the process and judicial appointment. Email from Carlecia Bell read by the City Clerk in opposition of pausing the Restorative Community Pathways Program. Federal Way City Council Regular Minutes Page 5 of 9 February 1, 2022 A joint letter received from the Federal Way Black Collective read by the City Clerk questioning the process and requesting a pause in the appointment of a new Municipal Court Judge. The letter was supported by twenty named individuals. 6. CONSENT AGENDA a. Minutes: January 18, 2022 Regular and Special Meeting Minutes b. Monthly Financial Report — November 2021 c. AP Vouchers 11/16/2021 — 12/15/2021 & Payroll Vouchers 11/01/2021 - 11/30/2021 d. AP Vouchers 12/16/2021 — 01/15/2022 & Payroll Vouchers 12/01/2021 - 12/31/2021 e. Procurement of Municipal Court Software f. Resolution: 2022 Fee Schedule Revision/APPROVED RESO #22-820 g. Steel Lake Maintenance Facility Fencing Proposal Acceptance h. Request for Proposals — Dumas Bay Centre Catering Services Purchase of Police Vehicle Laptops Purchase of Cradle Points for the Police Department k. Purchase of Portable Handheld Radios for the Police Department COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A THROUGH K ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER WALSH. The motion passed 6- 0 as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes 7. COUNCIL BUSINESS Clerk's Note: this item was pulled and tabled indefinitely at the top of the meeting. No further action was taken. b. Council Confirmation of Mayoral Appointment of Municipal Court Judge Intergovernmental Relations & Public Affairs Officer Steve McNey provided Mr. Bales' background as a Senior Prosecutor for the King County Prosecuting Attorney's Office, a Special Assistant United States Attorney for a temporary assignment prosecuting felony firearm cases in the U.S. District Court, and a Felony Trial Judge for the United States Army Reserves. Mr. McNey noted Mr. Bales comes highly recommended and is very well qualified. COUNCIL PRESIDENT KOCHMAR MOVED TO CONFIRM THE APPOINTMENT OF BRADFORD BALES AS A MUNICIPAL COURT JUDGE; SECOND BY DEPUTY MAYOR HONDA. Councilmember Assefa-Dawson appreciates Mr. Bales' qualifications yet is concerned with the community concern over lack of representation of the Black and Brown Federal Way City Council Regular Minutes Page 6 of 9 February 1, 2022 Communities. She would like to see the position re -opened and further advertised to provide an opportunity for additional candidates. Deputy Mayor Honda noted she sat on the diverse interview panel and supports the recommendation and the Mayor's appointment. She further noted this judicial seat has been on the ballot unopposed for the last three election cycles, since 2009, most recently in November. The main motion passed 5-1 as follows; Councilmember Assefa-Dawson dissenting. Council President Kochmar yes Councilmember Tran absent Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson no Councilmember Dovey yes Councilmember Norton yes Mr. Bales thanked the Mayor and Council for the process and the appointment. He looks forward to being sworn in on February 22. He desires to ensure trust in the judicial system and will bring his 25 years of experience to this position. DEPUTY MAYOR HONDA MOVED TO EXTEND THE MEETING PAST 10:00 P.M. TO NO LATER THAN 11:00 P.M.; SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed 5-1 as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton no c. Confirmation of Independent Salary Commission Appointment COUNCIL PRESIDENT KOCHMAR MOVED TO CONFIRM THE APPOINTMENT OF GREG BARUSO TO THE INDEPENDENT SALARY COMMISSION; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes d. Resolution: Amending City Council Rules of Procedure City Attorney Ryan Call provided proposed changes to the Council Rules of Procedure as requested by Council. He noted the changes include the process for which letters and emails are read by the City Clerk at the meeting and updating the term "Citizen Comment" to a more inclusive term of "Public Comment". Mr. Call stated in effort to streamline the meetings and ensure business is handled at a reasonable hour, the rules would be updated to direct the City Clerk to transmit the emails (or letters) to the Mayor and City Council and also include them into the final record. Upon research of this process, it was determined no other local city or jurisdiction provides for reading letters or emails at the meeting. With the meeting now required to offer a remote attendance option, the public is offered the ability to call into the meeting to provide "live" comments. Councilmembers thanked Mr. Call for his presentation and noted this item was discussed at the Finance, Economic Development and Regional Affairs Committee. Federal Way City Council Regular Minutes Page 7 of 9 February 1, 2022 Council supports the policy change for reading emails at the meetings, however discussion centered on the change from the term "citizen". After much discussion regarding use of terms public, citizen or resident comment, it was also suggested to ask commenters provide the city of residence. Council concurred they would like to have further discussion regarding the terms public versus citizen; potentially requesting city of residence and amending the policy to include written letters or emails in the official record rather than read them aloud at the meeting. Mr. Call affirmed he will bring these issues back for discussion at the retreat. COUNCIL PRESIDENT KOCHMAR MOVED TO TABLE THIS ITEM UNTIL THE COUNCIL RETREAT; SECOND BY COUNCILMEMBER NORTON. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes Clerk's Note: this interview was not held and will be rescheduled to a future date. No action was taken. f. Human Services Commission Appointments COUNCILMEMBER WALSH MOVED THE FOLLOWING APPOINTMENTS TO THE HUMAN SERVICES COMMISSION AS VOTING MEMBER WITH TERMS TO EXPIRE JANUARY 31, 2025: CYNTHIA RICKS-MACCOTAN TO A VOTING POSITION 4, KEN STARK TO A VOTING POSITION 5, MARY SCHULTZ TO A VOTING POSITION 6; AND AARON WALSH TO THE UNEXPIRED TERM IN POSITION 3 THROUGH 01/31/2024; SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes g. Planning Commission Appointment COUNCILMEMBER DOVEY MOVED TO APPOINT VICKIE CHYNOWETH TO THE PLANNING COMMISSION AS AN ALTERNATE MEMBER WITH A TERM TO EXPIRE ON SEPTEMBER 30, 2024; SECOND BY DEPUTY MAYOR HONDA. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes 8. COUNCIL REPORTS Councilmember Tran absent Councilmember Walsh yes Councilmember Dovey yes Councilmember Assefa-Dawson reported on her recent trip to Ethiopia which was an incredible experience and she was honored she had the opportunity to go. She was made aware of many, issues Federal Way City Council Regular Minutes Page 8 of 9 February 9, 2022 such as other countries not having the ADA requirements and accessibility as the United States. She is looking forward to her son getting married and celebrating with family. Councilmember Norton and Councilmember Walsh provided no report. Councilmember Dovey suggested more conversations with Judge Larson and noted he came across a city in Florida who are adding GPS devices to the most commonly stolen cars to assist families who are most likely to be impacted by stolen vehicles. Deputy Mayor Honda reported she attended along with Councilmember Norton the PSRC Newly Elected Training and the MRSC Conflict Resolution Skills Center. She found both very informative and interesting. She reported on attending the Domestic Violence Forum and Board of Health meetings. She is looking forward to the new Executive Assistant starting on Monday, and was also happy to announce she is a grandparent again. She requested a report from the Chief at the next PRHSPS meeting regarding the recent shooting. Council President Kochmar thanked everyone who attended the meeting and provided testimony; the Council does hear everyone and they are doing the best they can for the entire city. She met with Congressman Adam Smith and is looking forward to a trip to Washington D.C. where she is planning on asking for $8 million for turf fields. She continues to support asking the School District to resume meetings in Council Chambers so that the public can participate. She wished everyone a Happy Lunar New Year. 9. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 10:25 p.m. Attest: Stephanie Courtney City Clerk Approved by Council. Federal Way City Council Regular Minutes Page 9 of 9 February 1, 2022 CIT Federal Way CITY COUNCIL SPECIAL MEETING AGENDA City Hall — Council Chambers* *Remote attendance option available via Zoom February 1, 2022 — 5:00 p.m. 1. CALL MEETING TO ORDER Deputy Mayor Honda called the meeting to order at 5:04 p.m. City officials in attendance: Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney Deputy Mayor Honda announced excused Councilmember Hoang Tran. 2. COMMISSION INTERVIEWS a. Youth Commission b. Human Services Commission c. Planning Commission The City Council interviewed applicants via Zoom and in person per the applicant's preference for openings on the Human Services and Planning Commissions. The Youth Commission applicant was unavailable and will be rescheduled to a future meeting. 3. EXECUTIVE SESSION At 6:06 p.m. Council President Kochmar announced the Council would recess to Executive Session for the purpose of evaluating Qualifications of an Applicant for Public Employment pursuant to RCW 42.30.110(1)(g). Mayor Ferrell joined the meeting in executive session. • Evaluate Qualifications of an Applicant for Public Employment pursuant to RCW 42.30.110(1)(g) Federal Way City Council Special Minutes Page 1 of 2 February 1, 2022 4. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:24 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 February 1, 2022 ................ --._ . . ..... ....... 5 COUNCIL MEETING DATE: February 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SELECTION PROCESS: 2022 AMENDMENTS TO THE COMPREHENSIVE PLAN POLICY QUESTION: Should the proposed comprehensive plan amendments be placed on the docket for further review by Staff and consideration by the Planning Commission? COMMITTEE: LUTC MEETING DATE: February 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑`� Other STAFF REPORT BY: Natalie Kamieniecki, Associate Planner I� DEPT: Community Development Attachments: 1. Staff Report Options Considered: 1. Recommend all proposed amendments for placement on the final docket for evaluation by Staff and consideration by the Planning Commission. 2. Recommend one or some of the proposed amendments for placement on the final docket for evaluation by staff and consideration by the Planning Commission. [requires Committee to identify which of the proposed amendments to move forward] 3. Recommend none of the proposed Amendments be placed on the final docket. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: ' + ' DIRECTOR APPROVAL: �! 1/28t22 Co=111 /� Co it Ini_tiaVDate Initial/Date ! InitiaifDate COMMITTEE RECOMMENDATION: The Committee recommends forward Option 1 to the February 15, 2022 City Council consent agenda for approval. �] /,jrj ', P . I Committee Chair Member PROPOSED COUNCIL MOTION: "I move appr al of the Mayor's recommendation to place all proposed amendments for 2022 on the final docket f' r evaluation by staff and consideration by the Planning Commission. " (BELOW TO BE COMPLETED BYCITYCLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # .�r`�-� _C�l 'W k o, 20]�l Committee Member 41k CITY OF Federal Way DATE: February 7, 2022 TO: Land Use/Transportation Committee (LUTC) FROM: Brian Davis, Community Development Director Keith Niven, Planning Manager, Natalie Kamieniecki, Associate Planner SUBJECT: Selection Process — 2022 Comprehensive Plan Amendments MEETING DATE: February 7, 2022 I. POLICY QUESTION Should the proposed comprehensive plan amendments be placed on the docket for further review by Staff and consideration by the Planning Commission? II. BACKGROUND The Federal Way Revised Code (FWRC) requires the city to accept applications for amendments to the Federal Way Comprehensive Plan (FWCP) text and map on an annual basis. Pursuant to FWRC 19.80.080, after the September 30' deadline for accepting applications and following an LUTC recommendation, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to move to the Planning Commission for further consideration. III. REASON FOR COUNCIL ACTION 1. Pursuant to FWRC 19.08.050, Process VI, "Council Rezones," the City Council is required to review all requests for amending the comprehensive plan concurrently during a public hearing at which time the council selects those amendment requests it wishes to further consider for adoption and for staff to research and evaluate further. V. PROCEDURAL SUMMARY FOR COMPREHENSIVE PLAN AMENDMENT SELECTION PROCESS February 7, 2022 LUTC Meeting — A summary of all requests will be presented to the LUTC for a recommendation on which requests should be considered further. February 15, 2022 Land Use/Transportation Committee (LUTC) Meeting Date: February 7, 2022 Selection Process — Comprehensive Plan Amendments Page 1 of 8 VI. 01 City Council Meeting — The City Council shall determine which requests should move forward for further review. BACKGROUND AND STAFF ANALYSIS — SITE -SPECIFIC REQUESTS (Exhibit A and B) Site -Specific Request #1— Lee Properties (Exhibit I & J) 1. Summary File Number: Parcel No.: Applicant: Owner: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 2. Reason for the Request 21-103988-UP 082104-9167, -9076, -9074 James K Lee James K Lee 31200, 31001, 30901- V Avenue S North of S 312' Street, east of V Ave S. 4.03 Acres (ft.) Vacant Single Family High Density Residential Single Family (RS 7.2, one unit per 15,000 square feet) Residential Multi -Family Multi -Family (RM 1800 one unit per 1,800 square feet) Mr. Lee is requesting higher density zone classification to develop residential units that support population increases projected within the city. The applicant has sited FWCP Chapter 2.3, Figure II-3, Population Projection, in support the requested rezone. Development of the site will deter frequent trespassing on site and improve neighborhood conditions overall with development and occupancy of the site. 3. Staff Comments The parcels are bordered on the west by I' Ave S and on the east by S 3121' Street both classified as minor arterial roadways. Water and sewer services are available for the subject parcels. The site is immediately adjacent to single family dwellings to the north and west of the project site. Parcels to the west, across I' Avenue S, are developed with Single Family dwellings and neighborhood business uses at the intersection of 1" Ave S and S 314' ST. The parcel to the south across 312'' Street is developed with multi -family residential units, Greystone Meadows Apartments. Re -designating the requested parcels to Multi -Family Residential (RM 1800, one unit per 1,800) would be consistent with the existing multi -family development to the south. 4. Surrounding Zoning & Land Use Zoning Land Use North Single Family (RS 7.2, one unit per 7,200 square feet) Single family dwelling Land Use/Transportation Committee (LUTC) Meeting Date: February 7, 2022 Selection Process — Comprehensive Plan Amendments Page 2 of 8 10 Zoning Land Use South Multi -Family (RM2400, one unit per 2,400 square feet) Apartments East Single Family (RS 7.2, one unit per 7,200 square feet) Single family dwelling Single family Single Family (RS 7.2, one unit per 7,200 square feet), dwellings, West Neighborhood Business (BN) at intersection of ls' convenience Avenue S and S 312t' ST store and pizza restaurant Site -Specific Request #2— Riviera Property (Exhibit K & L) 1. Summary File Number: Parcel No.: Applicant: Owner: Address: Location: Size: Existing Land Use: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 2. Reason for the Request 21-104-065-UP 052104-9204 Richard Rivera Richard Rivera 1600 S 304'h ST North of 304'h Street and west 16' Avenue S 1.26 acres (52,827 sq. ft.) Vacant Professional Office (PO) Professional Office (PO) Community Business (BC) Community Business (BC) The applicant previously obtained project approval for an office building under permit #07-105965-UP (expired, July 18, 2016). The applicant asserts that current and past high vacancy rates for office buildings has inhibited financial institutions from approving construction loans for new professional office buildings in Federal Way. The Business Community (BC) zone affords flexibility in retail, office and residential uses. The immediate area is developed with a variety of land uses including Federal Way High School, mixed retail uses, religious assembly, vehicles service station and residential units including attached dwelling units and single-family dwelling units. In addition, there are other BC -zoned properties adjacent and in the nearby area including to the south, east and southeast of the subject property. 3. Staff Comments The parcel is bordered on the south S 304'h Street, a principal collector and on the east by 161 Avenue S, a minor arterial. Water and sewer are available for this parcel from both 21st Way SW and SW Dash Point Road, although, services would be a lot easier to provide from 2 1 " Way SW. Land Use/Transportation Committee (LUTC) Meeting Date: February 7, 2022 Selection Process — Comprehensive Plan Amendments Page 3 of 8 3. Surrounding Zoning & Land Use (Exhibit F) Zoning Land Use North Single Family Residential (RS 9.6, Single Family Dwellings one unit per 9,600 sq. ft.) South Community Business (BC) Federal Way High School East Community Business (BC) & Medical / Dental Office and Professional Office Religious Assembly Church Use West Multi -Family (RM2400, one unit per Attached dwelling units 2,400 square feet) VI. Public Works Comprehensive Plan Amendments — The following Comprehensive plan amendments are requested by the Public Work Department for non -motorized transportation improvements: A. City Center: Extend BPA Trail from 11' PL/13' Ave S along north side of S. 324' St to 23' Ave S and along west side of 23`d Ave S from S. 324' to S. 320' Street (Exhibit A, B and Q. This project is included under City's CIP (Project #16). B. Federal Way Transit Center Pedestrian Connection: Construct sidewalk to preserve pedestrian access between large blocks with in City Center (exhibit D). This project is included under City's CIP (Project # 29). C. North Fork West Hylebos Trail: Construct Trail within Spring Valley along North Fork of West Hylebos Creek (exhibit E). Typical cross section in nonenvironmental sensitive areas (Asphalt Concrete) and environmentally sensitive areas (Board Walk) (Exhibit F & G), respectively. This project is included under City's CIP (Project # 42). D. Non -Motorized Facilities Around South Federal Way Transit Station: Project Description 1 S. 359': SR 99 to SR 161: Construct sidewalk and bike lanes on both sides of the street 2 16' Avenue S: S. 359'" to S. 364' Way: Construct sidewalk and bike lanes on both sides of the street 3 S. 359' and SR 161: Construct staircase and ADA accessible ramp 4 I-5 Crossing: S. 359'h to 20' Avenue S: Construct non -motorized crossing 5 201 Avenue S and S. 360': SR 161 to 32" d Avenue S: Construct sidewalk and bike lanes on both sides of the street 6 Milton Road S: SR 161 to S 369' St: Construct sidewalk and bike lanes on both sides of the street Land Use/Transportation Committee (LUTC) Meeting Date: February 7, 2022 Selection Process — Comprehensive Plan Amendments Page 4 of 8 VII. SELECTION CRITERIA FWRC 19.80.080 contains criteria for' selecting amendments for further consideration. A. Criterion #1— Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Response to Criterion #1 — ■ The request proposed for the Lee Properties was not studied during the last amendment cycle. The subject properties were rezoned from Neighborhood Business (BN) to residential Single Family (RS7.2) in 2018 (Ord. 18-843). • The Riviera Property was not studied during the last amendment cycle. • The Public Works Request for text amendments have not been studies during the last amendment cycle. B. Criterion #2 — The proposed amendment is consistent with the overall vision of the comprehensive plan. Response to Criterion #2 — Site Specific Request #1 (Lee): There is high demand for housing in the city of Federal Way and region generally. According to the comprehensive plan, "The multi -family residential land use designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth. The increase in population, aging population, increasing diversity, decline in average family size, and high cost of single-family homes have created heavy demand for new housing types. The Land Use chapter encourages the development of housing types, such as duplexes, townhouses, senior housing, quality apartment units and condominiums in existing multifamily areas and within mixed -use development in commercial areas" (pg. II-12). The requested RM1800 zoning is consistent with surrounding uses, as the parcel in question abuts existing multi -family zoning and a Park and Ride transit lot. The site's proximity to transit further supports the requested zoning, as the comprehensive plan states "the overarching goal of VISION 2040 related to land use is to focus growth within already urbanized areas to create walkable, compact, and transit -oriented communities that maintain unique local character" (pg. II-3). Site Specific Request # 2 (Rivera): The intent of the existing Professional Office designation is to allow for well -designed office only developments. Changing the property to BC would be more consistent with the surrounding area and neighborhood character. The current PO zoning limits the number of uses available for development. However, the BC zoning district includes all uses permitted in the PO zone in addition to various retail and personal services. Uses permitted in the BC zone would be advantages to surrounding residential development and would provide retail and/or services to adjacent residential areas. Amending the comprehensive plan designation to Community Business would be consistent with the overall comprehensive plan vision, and can facilitate residential units coupled with office retail personal service uses at a pedestrian oriented scale. Public Works Request Comprehensive Plan Amendments: The proposed amendments aim to maintain mobility through a safe, balanced, and integrated transportation system, enhance Land Use/Transportation Committee (LUTC) Meeting Date: February 7, 2022 Selection Process — Comprehensive Plan Amendments Page 5 of 8 community health and livability through a connected system of pedestrian, bicycle and transit ways that are part of a regional transportation network. After evaluating these goals, the City then prioritizes transportation projects based on how they will be able to address future projected growth, improve safety, include more than one mode of transportation, reduce environmental impacts, and are cost effective. Prioritizing the proposed improvements prior to the 2024 periodic updated provides immediate improvement to public safety for pedestrians and non -motorized transportation through -out the city and should not be delayed. C. Criterion #3 — Whether the proposed amendment meets the existing state and local laws, including the GMA. Response to Criterion #3 — None of the requested amendments would be in conflict with local or state laws if subsequent development of the parcels are in compliance with local and state regulations, including and not limited to the FWRC and State Environmental Policy Act (SEPA). D. Criterion #4 — In the case of text amendments, or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. Response to Criterion #4 — Text amendments proposed by Public Works are in an effort to create safe non -motorized transportation within the city. Safe walking and bicycling routes are a benefit to the city as a whole. If the request meets the criteria set forth in subsections above, it shall be further evaluated according to the following criteria: E. Criterion #1— Whether the proposed amendment can be incorporated into planned or active projects. Response to Criterion #1 Neither of the privately -initiated are located in or near any other planning activities currently underway in the city. For the publicly -initiated amendment, if the City Council determines these proposed pedestrian and non -motorized transportation amendments should be delayed, they can be incorporated into the periodic update that will be approved in mid-2024. F. Criterion #2 — Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workload, staffmg levels, etc. Response to Criterion #2 —None of the requests require a large-scale study. G. Criterion #3 — Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Response to Criterion #3 — The submitted amendments can all be accommodated in the Update process. H. Criterion #4 — Order of requests received. Land Use/Transportation Committee (LUTC) Meeting Date: February 7, 2022 Selection Process — Comprehensive Plan Amendments Page 6 of 8 Response to Criterion #4 — The requests were received in the following order: 1. Lee Property 2. Rivera Property 3. Public Works and Sound Transit Non -Motorized Access Amendments VIII. COUNCIL ACTION Pursuant to FWRC 19.80.080(4), based on its review of requests according to the criteria in Section VII of this staff report, the City Council shall determine which requests shall be further considered for adoption and shall forward those requests to the Planning Commission for its review and recommendation. The council's decision whether to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later council action to add an amendment for consideration. IX. MAYOR'S RECOMMENDATION A. Site -Specific Request #1 —File #21-103988-UP, Lee Property— Request for a comprehensive plan amendment and rezone of parcel numbers 082104-9167, 082104-9076 & 082104-9074, located northeast of the intersection of 1 St Avenue S and South 312' Street, from Single Family Residential (RS7.2) to Multi -Family Residential (RM 1800, one unit per 1,800 square feet). Mayor's Recommendation —The Mayor recommends that the request move forward for further review. B. Site -Specific Request #2 — File #21-104065-UP, Rivera Property — Request for a comprehensive plan amendment and rezone of parcel no. 052104-9204 (1.26-acre site), located at 1600 South 304' Street, from Professional Office (PO) to Community Business (BC). Mayor's Recommendation — The Mayor recommends that the request move forward for further review C. Site -Specific Request #3 — Request from Public Works Department to construct various non - motorized transportation improvements for the health, safety and welfare of people traveling by walking, bicycling or other non -motorized options. Mayor's Recommendation — The Mayor recommends that the request move forward for further review. Land Use/Transportation Committee (LUTC) Meeting Date: February 7, 2022 Selection Process — Comprehensive Plan Amendments Page 7 of 8 XI. LIST OF EXHIBITS Exhibit A City Center Extend BPA Trail (l I' PL/13" Ave S along north side of S. 3241 St to 23`d Ave S) Exhibit B City Center Extend BPA Trail (west side of 23`d Ave S from S. 324'h to S. 320' ST Exhibit C City Center S 3241h ST & 23`d Ave S (Roadway Cross Section) Exhibit D Federal Way Transit Center Pedestrian Connection (Construct Sidewalk) Exhibit E North Fork West Hylebos Trail Approximate Location Exhibit F North Fork West Hylobos Trail (Trail Cross Section) Exhibit G North Fork West Hylobos Trial (Boardwalk Cross Section) Exhibit H Public Works / Sound Transit Non -Motorized Access Project Exhibit I Zoning Map of Site -Specific Request #1 — Lee Property Exhibit J Aerial Map of Site -Specific Request #1 — Lee Property Exhibit K Zoning Map of Site -Specific Request #2 — Rivera Exhibit L Aerial Map of Site -Specific Request #2 — Rivera Land Use/Transportation Committee (LUTC) Meeting Date: February 7, 2022 Selection Process — Comprehensive Plan Amendments Page 8 of 8 : ��' �� S 324th & •23RD TRAIL - - � I - �3 ■ 426 a 3rrrrs �, ; �z+i1a J2323 i& FEET MUL73U E PATH 99 �a J2416 - 1 �317 10 41 /04 ' 7331 616 i} 107516 i'"`4Ul V 26fla 47507 * �2335 6 073 2627 1 �s7 �2~iZl 61005 i37S1� Sib! g�«a ifs ` Celebration EXHIBIT "A" S. 324 & S 23RD TRAI 18 FEET WIDE MULTIUS PATH SEE SHEET 1 _IF 2 TO Ls 4 THE WEST OF' S 324 I ll i------j! EXHIBIT "B" S. 324TH & 23RD AVE S ROADWAY CROSS SECTION S 324th ST 94f- 5i' 3' 12' 6' 11' 11' 1 11' 11' IT 3 2' IQ UTIL PATH W132 W61 TWLTL EB1 E132 SDWK UTIL 23rd AVE S GL 96' VARIES 3' 12' 6' 12' 12' 12' 12' 12' 3 2` UTIL PATH S82 SB1 N81 NB2 SDWK UTIL EXHIBIT "clip 1 • 1 i Am am- _... -� Jq Alf L - i-`w— �� _ �... • .mil � ra.� ' i 4 � '� � K. _ - 4*2 ' liAOL t 1 + 102 1 _i `` i ft North Fork West Hylebos Trail (Exact Location TSD) EXHIBIT "E" T ,s Ab PAjk �1 North Fork West Hylebos Trail Cross Section TRAIL LAND$CVE HOIUZONTAL rr,rrroni � AU be VARIES TRAIL CROSS SECTION IN NON -SENSITIVE ENVIRONMENTAL AREAS EXHIBIT "F" North Fork West Hylebos Trail Cross Section BOARDWALK CROSS SECTION ss BOARDWALK swu.Lav P" FOUNDA"M TRAIL CROSS SECTION IN SENSITIVE ENVIRONMENTAL AREAS EXHIBIT "G" �St 9� S 3 It '^ Construct separated bicycle anes 7 N N e S�hLn N S S 338th S" yssr Provide pedestrian safety improvements i N S-A" { S343rdJ S 44th St Con32fi1ct multiuse path through Hylebos Wetlands aI 348th St Construct sidewalks and bicycle lanes N Q Break Lake S 356th Complete sidewalk gaps Bicycle safety, sidewalk S 361st PI a and signal improvements 13 S 363rd Q` S 333rd St d _ Project type - > teIn h„pp, sr Station access project Station and Q J ::ic: it �i pedflniy or0 alignment 4M!rnative Criteiin Patm9 yAQ 11.6ewld Pod street/Path IntSrPEtlon/ S 33bih St u 9 Prot �[t cost SSr.�•,a 4..n..ao..K� S 340th St +w...y 5 ,3p,\4 PI ry Kay to Ratl � � a� eq- Lwver Ka ■ ® Nigher �L4�i- Perf—ing Peff mi g Provide pedestrian safety Y/N YIN YIN Y/N improvements s ' 5F Enchanted Parkway q S 352nd St J�J SF Enchanted Parkway (Design Option) i� c 5 35Mn.ft r d. Way Hylebos Wetlands • '0 I f Conr,ruct stair connection ■ ■ ■ $ csl ' Comvletr sidewalk gaps in ■ ■ pd S 1 S 373rd $$ ci� Federal Way s�7 S 376th 4I PI 18' e S 30pS %IMrnrct separated bicycle I., with landscape butfer S 349th St Bicycle safety and signal -- imVMv,MGfL' for pedestrians r$ 353rd PI 7�7 S'.S5th4 SF 1-5 ' Mud Lake Bicycle safety and signal improvements for pedestrians Lake S 346th St Geneva S 347th St . Q\h S 348th St S 349th St H N N N Q Q P r t t r ¢> e e '& S 352nd St ¢ t S 352 t T b � °i ,� S >otrtn �ounry ¢> v � Ballfields N p L i_ St c Construct nonmotorized crossing of-5 v N P �y _ tY S 362t`a to Complete sidewalk gaps 7iMprovements o ` ■■ y ¢ $$y aa1Fivemile S 367th PI Lake S 368th St 92 �a s� � ti S 358th St S 360th St a S 362nd St Fi— le Lake u Park > v ry ar a> m u S 374th St a e S 376th St Complete sidewalk gaps S h 01 1e t - ,, S 376th PI m r w _ _ a S 380thp, S 380th 5' s p Milton d E 89 0 1/4 t/z 1 Miles Nder St _ n GR > > _ _ _ > Hylebos > ¢ ¢ ¢ t L D Comet St P Source: WSDOT, Sound Transit, King County, Pierce County, City of Tacoma, Mapbox, Open StreetMap Tacoma Dome Link Extension PRELIMINARY DRAFT - SUBJECTTO REVISIONS WSOUNDTRANsa s S 370th St 5 371st St Construct bicycle lanes and ^ 371st PI m connect to Interurban Trail 'r 372nd pl $$$ 161 s 374 , N --S-75thp, Complete sidewalk gaps City of Federal Way . - Exhibit #1 RS7.2 PO Medalia RS � 2022 Grove S Site Specific Requests for Comprehensive Plan and entary Zoning Designation Changes a N RM 1800 N N C7 7. M S3a9TH ST 5� 3 g�" r i,, i R t;,;; Lee Property S SW 310TH PL J z rA � N Legend N (n Q SW 311TH PL N Site Specific Request ■ Buildings U Streets c N., Erugr, Streams (City Survey) z N -11 Rolfay ,t�s atl2d I Wetlands (1998 City Survey) SW 312TH ST S 312TH ST Zoning Boundary* Cn C S • Q RS7.2 Note: An asterix (`) next to a zoning designation indicates the property is N SW 3 2TH governed by a development agreement. �7.2 (n Vn Church of Sr..^ V— the Good Shepard 0 250 500 t N Feet 13TH ST ~-� RM240000 SW 313TH ST �,rY flr Federal Way R .2 ,�. , {'�'7 1•- ! � � RS7.2 This map is accompanied by no warranties, -, t - and is simply a graphic representation. q lerikelcd%PM1ects%SSR Como2an12022Wiaos%ssr1 20drnxd Existing Designations Requested Designations Comprehensive Plan: Residential Single Family (RS 7.2) Comprehensive Plan: Multi -family Residential Zoning: Residential Single Family (RS 7.2) RM1800 (one unit per 1,800 sq. ft.) Zoning: RM1800 (one unit per 1,800 sq. ft.); ir Gr • ientary '44 � t `" - • ••: _ • • C• •_ S 302ND ST ■ S 303RD ST III '' 60 i0 = rn S 304TH ST BL Federal Way High School S 3021 IDST BC x S 303 ST 1 i" S 304TH ST U) Q x H BC City of Federal Way Exhibit #2 2022 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes Rivera Property BC W ail, Ra �+ ' Legend Wed i Ha_;TI , Site Specific Request Buildings CO Streets S 304TH ST Streams (City Survey) Wetlands (1998 City Survey) Zoning Boundary* BC Note: An asterix (*) next to a zoning designation indicates the property is governed by a development agreement. S 305TH PL /, 0 250 500 N Feet BC CITY OF Rh Federal Way This map is accompanied by no warranties, and is simply a graphic representation. S 302ND S S 303RD ST S D (n S3 k Federal Way High School .4 SS 30ATH T iI "4TH 7. , .. S 302 DST a r S 303R ST : 1 r 4 ; , W r Q �- CO r ). S 304TH ST Ic V ' �/. . S 305JH P_L City of Federal Way Exhibit #2 2022 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes Rivera Property Legend) Site Specific Request — Streams (City Survey) Wetlands (1998 City Survey) Zoning Boundary* Note An asterix (*) next to a zoning designation indicates the property is governed by a development agreement '\ 0 250 500 ,. N I Feet it C", ❑, a Federal Way This map is accompanied by no warranties, and is simply a graphic representation. COUNCIL MEETING DATE: February 15, 2022 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5 C SUBJECT: AUTHORIZATION TO APPLY FOR CONSERVATION FUTURES TAX LEVY (CFT) GRANT POLICY QUESTION: Should the Council authorize staff to submit a Conservation Futures tax levy (CFT) grant application? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent Smith P.E., Senior Capital Engineer DEPT: Public Works p. Attachments: Land Use and Transportation Committee memorandum dated February 7, 2022. Options Considered: 1. Authorize staff to submit the proposed Conservation Futures tax levy (CFT) grant application. 2. Do not authorize staff to submit the proposed CFT grant application and provide direction to staff. MAYOR'S RECOMME TION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: Coi mi o it Initial/Date COMMITTEE RECOMMENDATION: "I move to forward Option I to the February 15, 2022 Council consent agenda for approval." the A VIL'I ZOL`XYl ��I 7 d `f I c-I Jack Dovev, Committee Chair JacjkNalsh, Committee Member Huang rant aI'�ttee Member PROPOSED COUNCIL MOTION: "I move t11aauhorive staff to submit the proposed CFT grant application." (BELOi1ITOflECOMPI,F,TI-.1)SI'CI TYCLERKSOFFICE) COUNCIL ACTION: Cl APPROVED COUNCIL BILL # 11 DENIED I' reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—12/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 7, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Kent Smith, P.E., Senior Capital Engineers SUBJECT: Authorization to Apply for Conservation Futures Tax Levy (CFT) Grant Financial Impacts: This project would require the City to provide $1,000,000 in match towards the grant. The required $1,000,000 City match is already allocated towards acquisition of conservation properties within the SWM CIP 304 fund as outlined in the SWM Comprehensive Plan. Operational expenses include periodic City inspection and maintenance by the SWM department which is already accounted for within the existing operating budget. Back round Information: This memorandum provides the Council with the current status of new grant funding programs for conservation property acquisition. Staff has evaluated potential properties with CFT staff within the West Hylebos basin creek corridors between S 356" St and S 373`d St. and determined the following three parcels will likely be competitive for the 2023 Conservation Futures tax levy funding. Location (Parcel Number) Estimated Cost Possible Grant Funds Required City Match West Hylebos Basin Land Acquisition — Creek corridors between S 356" St. and S 373`d St. 292104-9114 $750,000 292104-9026 $150,000 292104-9153 $1,600,000 Total Cost $2,500,000 $1,500,000 $1,000,000 Rev 6/2020 COUNCIL MEETING DATE: February 15, 2022 ITEM #: 5 d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2022 ASPHALT OVERLAY PROJECT BID AWARD POLICY QUESTION: Should the Council award the 2022 Asphalt Overlay Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Cole DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated February 7, 2022 Options Considered: 1. Approve the proposed Award for all schedules for the 2022 Asphalt Overlay Project to ICON Materials, the lowest responsive, responsible bidder, in the amount of $3,212,301.95 and approve a 10% contingency of $321,230 for a total of $3,533,531.95 and authorize the Mayor to execute the contract. 2. Do not approve the proposed Award for all schedules for the 2022 Asphalt Overlay Project and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: _�-- � r? .DIRECTOR APPROVAL:_ CORIMA [cc Cewleii Initial/Dale " [nnialrDale initial/Date COMMITTEE RECOMMENDATION: I move to forward option 1 to the February 15, 2022 consent agenda for approval. f""-Mf0�t-P-A \Ack 2oorrn _ Jack�ovey, Committee Chair J alsh, Committee Member rnVedyl Huang Tran, Committee Member PROPOSED COUNCIL MOTION: "I M 7e to approve the proposed Award for all schedules for the 2021 Asphalt Overlay Project to ICONMaterials, toe lowest responsive, responsible bidder, in the amount of $3,212,301.95 and approve a 10% contingency of $321, 230 for a total of $3, 533, 531.95 and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # Q DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 7, 2022 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director " '= FROM: John Cole, Capital Engineer t r` SUBJECT: 2022 Asphalt Overlay Project - Bid Award FINANCIAL IMPACTS: The cost to the City for the 2022 Asphalt Overlay Project was included within the approved budget under the Public Works Department Arterial Street Fund (Fund 102) and Solid Waste 10% Utility Tax Fund (Fund 116). In accordance with the approved budget, this item is funded by restricted funds including Real Estate Excise Tax (REET), Motor Vehicle Fuel Excise Tax (MVET), and Solid Waste Utility Tax. Upon completion of the 2022 Asphalt Overlay Project, no other ongoing costs are anticipated. BACKGROUND: Four bids were received and opened on January 28, 2022, for the 2022 Asphalt Overlay Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is ICON Materials, with a total bid of $3,212,301.95 AVAILABLE FUNDING: The available budget for the 2022 Asphalt Overlay Project is $4,000,000 and is comprised of the following: • Motor Vehicle Excise Tax (Fund 102) $ 400,000 • Real Estate Excise Tax $ 1,000,000 s Solid Waste Utility Tax Fund 116)* $ 2,600,000 • TOTAL CONSTRUCTION FUNDING AVAILABLE $ 4,000,000 *Revenue reflects actual and projected fund revenues. The future 2022 Budget Adjustment will include these Fund 116 revenues and associated expenditures. ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project contract costs based on the low bid: SCHEDULE DESCRIPTION AMOUNT A S 373,d St (Pac Hwy S to 121h Ave S) $ 260,641.95 B 16' Ave S (S 35611 St to S 362"d) $ 322,190.95 C S 3361' St (18`h Ave S to Weyerhaeuser Way S) $ 858,233.70 D Green Gables (SW 32911, Way, 5111 PI S, SW 3261 St) $ 828,500.50 E 20th Ave S (S 288th St to S 280th PI) $ 387,81 l .60 F Lake Grove Park $ 554,923.25 ESTIMATED SUBTOTAL CONSTRUCTION CONTRACT COSTS: $3,212,301.95 Construction Contingency (10%) $ 321,230.00 ESTIMATED TOTAL CONSTRUCT/ON CONTRACT COST: $3,533 531.95 Construction Management (10%) $350 000.00 Total Construction Costs $3,883 531.95 Staff recommends awarding all schedules of the 2022 Asphalt Overlay Project to ICON Materials, the lowest responsive, responsible bidder, in the amount of $3,212,301.95, and approve a 10% contingency of $321,230 for a total of $3,533,531.95 and authorize the Mayor to execute the contract. COUNCIL MEETING DATE: February 15, 2022 ITEM #: 5e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2021 ASPHALT OVERLAY PROJECT — AUTHORIZATION TO INCREASE CONTRACT EXPENDITURES POLICY QUESTION: Should the Council authorize an increase in the contract expenditures for the 2021 Asphalt Overlay Project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Cole L� Attachments: DEPT: Public Works 1. Land Use and Transportation Committee memorandum dated February 7, 2022 Options Considered: 1. Authorize staff to increase the contract expenditures for the 2021 Asphalt Overlay Project Contract by $20,000.00 for a new total of $1,663,093.70. 2. Do not approve an increase in contract expenditures for the 2021 Asphalt Overlay Project and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: I DIRECTOR APPROVAL: coin n InitiaUDate Initial/Date InitikDate COMMITTEE RECOMMENDATION: I move to forward Option I to the February 15, 2022 consent agenda for approval. Jack bovev- Committee Chair JaEL alsh, Co ittee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I molr to authorize the increase of the contract expenditures by $20, 000 for the 2021 Asphalt Overlay Project Contras . " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION 4 CITY OF FEDERAL WAY MEMORANDUM DATE: February 7, 2022 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director_ FROM: Jahn Cole, Capital Engineer SUBJECT: 2021 Asphalt Overlay Project — Authorization to Increase Contract Expenditures FINANCIAL IMPACTS: The cost to the City for the 2021 Asphalt Overlay Project was included within the approved budget under the Public Works Department Arterial Street Fund (Fund 102) and Solid Waste Utility Tax (Fund 116). In accordance with the approved budget, this item is funded by Motor Vehicle Fuel Excise Tax (MVET), Real Estate Excise Tax (REET), and Solid Waste Utility Tax all of which are restricted funding sources. This increase in contract expenditures for the 2021 Asphalt Overlay Project Contract is within the currently approved budget for the stated funds. BACKGROUND: The 2021 Asphalt Overlay is an annual maintenance project that improves the quality of our roads and updates the adjacent pedestrian facilities to current Americans with Disabilities Act (ADA) Standards. The contractor, Tucci and Sons Inc. was awarded the 2021 Asphalt Overlay contract in the amount of $1,494,630.70 with a 10% contingency of $148,463.30 and a total Construction Contract of $1,643,093.70 by City Council on February 16, 2021. Construction costs exceeded the approved amount primarily due to underestimating the amount of property restoration required in the residential areas. Property restoration includes the replacement of landscaping that is disturbed in order to complete the overlay and sidewalk improvements. The estimate for property restoration was $10,000, but the actual cost was $23,108. The total construction contract costs is $1,663,093.70 which is over the authorized contract amount by $20,000 but is still within the available funding. AVAILABLE FUNDING: The available budget for the 2021 Asphalt Overlay Project is $2,350,000 and is comprised of the following: Motor Vehicle Fuel Tax (Fund 102) $ 450,000 Real Estate Excise Tax (Fund 102) $ 800,000 Solid Waste Utility Tax (Fund 116) $ 1,100,000 TOTAL FUNDING AVAILABLE $ 2,350,000 ESTIMATED EXPENDITURES: The following is a breakdown of the total project costs: DESCRIPTION AMOUNT 2021 Asphalt Overlay Construction Contract $ 1,663,093.70 Design and Construction Management $ 266,500.00 ESTIMATED SUBTOTAL CONSTRUCTION CONTRACT COSTS: $ 1,929,593.70 Staff recommends increasing the authorization of the $20,000 contract increase for a total contract funding of $1,663,093.70. COUNCIL MEETING DATE: February 15, 2022 ITEM # _ 5f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2022 STORM REPAIR PHASE 4 AUTHORIZATION TO BID POLICY QUESTION: Should Council approve the Storm Repair Phase 4 Project and authorize staff to proceed with the design and bidding of the proposed Storm Repair Phase 4? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ��"" ❑ Resolution ❑ Other STAFF REPORT BY: John Cole �`� DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated February 7, 2022 Options Considered: 1. Approve the Storm Repair Phase 4 Project as presented and authorize staff to bid the Storm Repair Phase 4 Project, returning for authorization to award the project within the available budget to the lowest responsive, responsible bidder. 2. Direct staff to modify the preliminary list and return to Committee for further action. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 15, 2022 consent agenda for approval. Jack b8vey, Committee Chair ac alsh, Committee Member Hoank Tran, Committee Member PROPOSED COUNCIL MOTION: "I mal41jecl, o approve the Storm Repair Phase 4 Project as presented and authorize staff to bid the Storm Repair Phase 4 returning for authorization to award the project within the available budget to the lowest responsive. resp nsible bidder. " BEL O W TO RE COMPI_ ETFD B l' [ 'I T Yt" LERK'.S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 7, 2022 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director == John Cole, Capital Engineer /_V SUBJECT: 2022 Storm Repair Phase 4 Authorization to Bid FINANCIAL IMPACTS: The cost to the City for the Storm Repair Phase 4 Project was included within the approved budget under the Public Works Department Capital Project Fund — Surface Water Management (Fund 304). Upon completion of the Storm Pipe Repair Phase 4, no other ongoing costs are anticipated. BACKGROUND: This project will remove and replace approximately 460 linear feet of damaged and or deteriorating storm pipes in approximately 20 different locations. AVAILABLE FUNDING: The available budget for the Storm Repair Phase 4 Project is $317,000 and is comprised of the following: • Capital Project Fund- Surface Water Management (Fund 304) $317,000 • TOTAL FUNDING AVAILABLE ESTIMATED EXPENDITURES: $317,000 DESIGN (BY CITY STAFF $ 38,500 CONSTRUCTION COST $365,000 10% CONSTRUCTION CONTINGENCY $ 36,500 CONSTRUCTION MANAGEMENT (BY CITY STAFF $ 38,500 TOTAL PROJECT COSTS $478,500 The estimated cost of $478,500 is a preliminary figure used for estimating purposes only and includes construction administration, in-house design and construction management, printing, and advertising. The Storm Repair Phase 4 Project will be awarded within the available program budget. Once Council approves the Repair Program, staff will begin the final design. The anticipated date for advertising is April 2022, with construction beginning in June 2022. COUNCIL MEETING DATE: February 15, 2022 ITEM #:_ 5 g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2020 STORM REPAIR PHASE 3 — PROJECT ACCEPTANCE POLICY QUESTION: Should the Council accept the 2020 Storm Repair Phase 3 project constructed by Assorted Endeavors, LLC as complete? COMMITTEE: Land Use and Transportation MEETING DATE: February 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Cole, Capital Engineer 4�v DEPT: Public Works Attachments: 1. Staff Memo Options Considered: 1. Authorize final acceptance of the 2020 Storm Repair Phase 3 project as constructed by Assorted Endeavors, LLC in the amount of $102,976.32. 2. Do not authorize final acceptance of the 2020 Storm Repair Phase 3 as constructed by Assorted Endeavors, LLC in the amount of $102,976.32 and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 15, 2022, City Council Consent Agenda for approval. MAYOR APPROVAL: / / DIRECTOR APPROVAL: V %I3UtozZ- C' il! C until InitizwDaw Iniiiall to Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the February 15, 2022 consent agenda for approval. f "0'- 7"" Jack Dovey, Committee Chair Committee Member 10-C� \�a lZiL>> Committee Member PROPOSED COUNCIL MOTION: "I m4 approval of final acceptance of the 2020 Storm Repair Phase 3 project as constructed by Assorted End ors, LLC in the amount of $102, 976.32. " (BELOW TO BE COMPLETED BYCITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11 /2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 7, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor E.; n '40C"«�.n FROM: EJ Walsh, P.E. Director John Cole, Capital Engineer.,, SUBJECT: 2020 Storm Repair Phase 3 - Project Acceptance Financial Impacts: This is the acceptance of construction as complete; therefore, no additional funds are proposed to be spent as part of this agenda item. 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 State Department of Revenue and State Department of Labor and Industries requirements. The 2020 Storm Repair Phase 3 was constructed by Assorted Endeavors, LLC. and is complete. The final construction contract amount is $102,976.32. This is $47,023.68 below the $150,000.00 (including contingency) budget that was approved by the City Council on July 21, 2020. Rev. 7/18 COUNCIL MEETING DATE: February 15, 2022 ITEM #: 5h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIBER LOOP PROJECT — 30% PRESENTATION POLICY QUESTION: Should the City Council authorize staff to continue design of the Fiber Optic Loop Project (317d' to 272nd) project and return to LUTC and Council for bid authorization, and further reports? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Cole DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated February 7, 2022 Options Considered: 1. Authorize staff to proceed with design of the Fiber Optic Loop Project (317t' to 272nd) and return to LUTC and Council for bid authorization, and further reports. 2. Do not authorize staff to proceed with design of the Fiber Optic Loop Project (317d' to 272nd) and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: Council Initial/Date DIRECTOR APPROVAL:-�••--�=Y Initial/Date COMMITTEE RECOMMENDATION: I move to forward option I to the February 15, 2022 consent agenda for approval. {ni"V-1 t'{ A lco rk Committee Chair Committee Member PROPOSED COUNCIL MOTION "I move t authorize staff to proceed with design of the Fiber Optic Loop Project (3171h to 272nd) project and return to L. TC and Council for bid authorization, and further reports. " TO BE COMPLETED BY CITY CLERKS COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11 /2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 7, 2022 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Directo _ FROM: John Cole, Capital Engineer ,-- __...._ SUBJECT: Fiber Loop Project— 30% Presentation FINANCIAL IMPACTS: The cost for the Fiber Loop Project was included within the approved Capital Transportation Budget (Fund 306, Project 239) and is funded by Sound Transit Mitigation Fees. Upon completion of the Fiber Loop Project, future costs associated with operations and maintenance are anticipated to be relatively minor covered by Information Technology budget, except for instances where the fiber optic system is significantly damaged. BACKGROUND: This project provides for completion of a fiber optic loop by providing a redundant north -south fiber cable generally along Military Road between S 317' and S 272°d and tying into the city's existing fiber spine along Pacific Highway. This scope of work was included as part of the Sound Transit Federal Way Link Extension Development Agreement with the intent of it being constructed as part of the light rail project. Due to concerns of access rights to city -owned fiber optic cable within Sound Transit rights -of -way, the city opted to accept mitigation funds to design and construct this fiber loop within city -owned rights -of -way. The following provides a brief synopsis of the progress on the project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: • Project Design to 30% Ongoing Tasks Include: • Preliminary Contract Specifications • Project Design to 85% AVAILABLE FUNDING: The available budget for the Fiber Loop Project is $2,600,000 and is comprised of the following: • Mitigation/Sound Transit Mitigation $2,600,000 • TOTAL FUNDING AVAILABLE $2,600,000 ESTIMATED EXPENDITURES:. DESIGN (BY CITY STAFF $ 200,000 2021 CONSTRUCTION COST $2,000,000 10% CONSTRUCTION CONTINGENCY $ 200,000 CONSTRUCTION MANA GEMENT (BY CITY STAFF) $ 200,000 TOTAL PROJECT COSTS $2,600,000 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85% design completion status report for further action. Staff anticipates bidding on this project in the Spring of 2023. Construction is anticipated to commence in the Summer of 2023, with an estimated substantial completion date in December 2023. COUNCIL MEETING DATE: February 1...... . .... ..5, 2022 ITEM #: 51 . . ......... . . .......... . ............. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2021 PAVEMENT REPAIR PROJECT - FINAL ACCEPTANCE COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Capital En 'neer DEPT: Public Works to t Attachments: Memorandum to Land Use and Transportation Committee dated February 7, 2022. Options Considered: 1. Authorize final acceptance of the 2021 Pavement Repair Project constructed by Miles Resources, LLC., in the amount of $286,650.65 as complete. 2. Do not authorize acceptance of the completed 2021 Pavement Repair Project constructed by Miles Resources, LLC., as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the February 15, 2022 Council Consent Agenda for Approval. MAYOR APPROVAL: r1 An� DIRECTOR APPROVAL::a:.r / Cnm V= CiAnciv Initia Mate Initi&Date inirialff)me COMMITTEE RECOMMENDATION: I move >07fia�rd1 to the February 15, 2022 consent agenda for approval. '3�r �' r�v�e'i \�u.. 20o m Jack Dovev. Committee Chair Committee Member Hwang Tran, Committee Member PROPOSED COUNCIL MOTION: "I movimunlete. thorize final acceptance of the 2021 Pavement Repair Project constructed by Miles Resources, LLC., as " (BELOW' TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 7, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director >' """lkiui Jeff Huynh, Capital Engineer I(q SUBJECT: 2021 Pavement Repair Project — Final Acceptance Financial Impacts: This is the acceptance of the construction project as complete, therefore, no additional funds are proposed to be spent as part of this agenda item. Background Information: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue, State Department of Labor and Industries and Employment Security Department requirements. The 2021 Pavement Repair Project contract with Miles Resource, LLC., is complete. The final construction contract amount is $286,650.65. This is $27,113.59 below the $313,764.24 (include contingency) budget approved by the City Council on July 20, 2021. Rev. 6/2020 COUNCIL MEETING DATE: February 15, 2022 ITEM #:5 0 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2020-2021 NEIGHBORHOOD TRAFFIC SAFETY (NTS) PROGRAM - CONTRACT INCREASE COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh, Capital Engineer PW DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated February 7, 2022. Options Considered: 1. Authorize approval to increase amount for the 2020-2021 Neighborhood Traffic Safety (NTS) Program to Pac West Paving, LLC DBA Tony Lind Paving in the amount of $60,000.00 to a new not -to -exceed amount of $120,000.00. 2. Do not authorize approval to increase amount for the 2020-2021 Neighborhood Traffic Safety (NTS) Program and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the February 15, 2022 Council Consent Agenda for Approval. MAYOR APPROVAL: DIRECTOR APPROVAL: InitiallDate .. COMMITTEE RECOMMENDATION: I mot, o fon and Op o to the February 15, 2022 council consent agenda for approval. &�ck v�o,"2zum �UCA Vick -70craa Jack Dovev. Committee Chair Jack ash. Committee Member Hann a Tran, Committee Member PROPOSED COUNCIL MOTION: "I m ve authorize approval to increase amount for the 2020-2021 Neighborhood Traffic Safety (NTS) Pro am to Pac West Paving, LLC DBA Tony Lind Paving in the amount of $60, 000.00. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 7, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E. Public Works Director' i Jeff Huynh, Capital Engineer P SUBJECT: 2020-2021 Neighborhood Traffic Safety (NTS) Program — Contract Increase Financial Impacts: The Neighborhood Traffic Safety (NTS) Program is an annual, on -going program. In addition, this contract provides on -call repair and replacement of traffic curbing. The project costs are tracked under Capital Project 212 within the 306 Fund (Transportation Capital). This project is funded $60,000 annually from 101 Fund Street Operations budget. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Backzround Information: Pac West Paving, LLC DBA Tony Lind Paving was selected via a competitive bid process and awarded the 2020-21 Neighborhood Traffic Safety (NTS) Program on February 10, 2020. Pac West Paving, LLC DBA Tony Lind Paving has been the successful bidder over the last 6 competitions and has been providing high quality products, exemplary service and reliability to the City of Federal Way since 2009. The Public Works Department is seeking approval to increase contract amount and term for the 2020-2021 NTS Program to Pac West Paving, LLC DBA Tony Lind Paving. The Public Works proposes to increase the current contract amount by $60,000 to a total of $120,000 and adjust contract unit bid prices by 5.9% based on the Puget Sound Consumer Price Index (CPI) in July 2021. The term will be extended to December 31, 2022. Pac West Paving, LLC DBA Tony Lind Paving will be performing discretionary work for services such as installing speed humps, traffic circle island, and removal and replacement of cement concrete extruded curbs. The contract will be rebid in the fall of 2022 to align with the next biennium budget. Rev. 6/2020 COUNCIL MEETING DATE: February 15, 2022 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WSDOT OPERATIONS AND MAINTENANCE AGREEMENT FOR ADAPTIVE TRAFFIC CONTROL SYSTEM POLICY QUESTION: Should City Council approve the operations and maintenance agreement with WSDOT as part of the Adaptive Traffic Control System project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 7, 2022 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E, City Traffic Engineer DEPT: Public Works Attachments: 1. Staff Report 2. Agreement 3. Exhibits A, B, and C Options Considered: 1. Approve proposed agreement. 2. Do not approved proposed agreement and provide direction to staff. MAYOR'S MAYOR APPROVAL: 1. Initial/Date DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the February 15, 2022 consent agenda for approval. ZC, cXYt 'll' ii� M 2% o Committee Chair ttee Member Committee Member PROPOSED COUNCIL MOTION: "I move apjol al of the proposed agreement. " (BELOi3' TWEE COMPLETED 8Y CITY CLERK'S OFFICE, COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11 /2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 7, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director "- Rick Perez, P.E., City Traffic Engineer SUBJECT: WSDOT Operations and Maintenance Agreement for Adaptive Traffic Control System Financial Impacts: The cost to the City for the Adaptive Traffic Control System was included within the approved budget under the Public Works Transportation Capital program. In accordance with the approved budget, this item is funded by Congestion Management and Air Quality grants from PSRC in the amount of $1,600,000, a Highway Safety Improvement Program grant from WSDOT, and $875,000 in Real Estate Excise Tax and Traffic Impact Fee funds. Upon completion of the Adaptive Traffic Control System, future costs will be approximately $20,000 per year due to ongoing costs associated with operations and maintenance, which have been included in the Public Works Traffic Maintenance operating budget for 2021-22. Back,around Information: Note that this item was originally approved by LUTC on April 5, 2020. However, prior to approval by the City Council, WSDOT requested additional language to be included in the agreement. The Adaptive Traffic Control System is a system of traffic signals in which real-time traffic data is used to continuously optimize traffic signal timing to reduce delays and fuel consumption. Phase I consisted of 25 traffic signals on S 3201 Street between 8' Avenue S and S Peasley Canyon Road at S 321" Street and all signals in City Center, including two traffic signals owned by WSDOT and two owned by King County. Phase 2 added 18 more intersections south of S 324' Street and east of I" Avenue S, including three traffic signals owned by WSDOT. Phase 3 added 13 more intersections north of S 312' Street and east of I" Avenue S, one of which is owned by King County. The following map shows the extent of the project. Rev. 6/2019 February 7, 2021 Land Use and Transportation Committee WSDOT Operations and Maintenance Agreement for Adaptive Traffic Control System Page 2 Adaptive Traffic Control System St Phase 1 • City O Phase II County 0 A {v �P, Phase III WSDOT p f y �a SW 3121h St SW 3201h Si 3 N T a N N r SW CaM4 Gam❑ r L QI v ',. SLY 3561h St C 0 .Q Afa, . y N 19 a ' a S 304th St a a PSt324th 0 IA 7 Q V �:1 S, ro a o7 y r S 348! S1 7 Q � PHASF 11 � to S 28B1h St PHASE 111 PHASE 1 February 7, 2021 Land Use and Transportation Committee WSDOT Operations and Maintenance Agreement for Adaptive Traffic Control System Page 3 Under state statute, traffic signals at freeway ramps and outside of incorporated cities over certain population thresholds are exclusively WSDOT-owned and operated. However, WSDOT provides an exception for agencies operating adaptive traffic control systems where having one agency control signal timing is advantageous to the general public, subject to a variety of terms and conditions. The attached agreement provides these terms and conditions. The WSDOT-owned traffic signals subject to this agreement are located at: • S 320' Street and 1-5 Southbound ramps; • S 320' Street and 1-5 Northbound ramps; ■ SR 18 (S 348' Street) and 1-5 Southbound off -ramp; • SR 161 (Enchanted Parkway S) and SR 18 westbound off -ramp; • SR 161 (Enchanted Parkway S) and Milton Road S. As part of this agreement, the City is committing to operate and maintain these traffic signals and street lighting associated with these signalized intersections at the City's expense. In addition, the City is commiting to the following: • Using WSDOT standards for setting various signal timing parameters (which are similar to the City's); • Operating ramp signals to minimize off -ramp queues onto the freeway through lanes, and minimizing on -ramp queues into the city streets; • Providing maintenance checks at 2-month intervals rather than the current City practice of 3- month intervals (although WSDOT's preventative maintenance checks are not as thorough); • Coordinating with WSDOT on scheduling of maintenance or other work, and meeting quarterly to discuss operational issues. The initial term of the agreement is for one year, automatically renewing every year. GMB 1160 Agreement between the City of Federal Way and the Washington State Department of Transportation for Maintenance and Operation of Adaptive Signal Systems This Maintenance Agreement, hereinafter "Agreement," is entered into between the Washington State Department'of Transportation, hereinafter "WSDOT," and the City of Federal Way, Washington, hereinafter the "City," collectively the "Parties" and individually the "Party." RECITALS L The City has a Citywide Adaptive Signals project, hereinafter the "Project," for improvements at signalized intersections throughout the City, including installation of an adaptive control system. Funding for the Project includes federal funding pursuant to Federal Aid No. HSIP-CM- 000S(464) and the Project is to be constructed in compliance with federal aid project guidelines. 2. WSDOT owns five of the signalized intersections that are part of the Project. Four of these intersections have ramp signals, hereinafter the "WSDOT Ramp Signals," located at I-5 at South 320' Street (SB Ramp), I-5 at South 320' Street (NB Ramp), 1-5 at SR 18 (SB Off Ramp), and SR 161 at SR 18 (WB Off Ramp), as shown in Exhibit A. The fifth signalized intersection, hereinafter the "WSDOT Non -Ramp Signal," is located at SR 161 at Milton Road South/South 360`h Street, as shown in Exhibit A. The WSDOT Ramp Signals and WSDOT Non -Ramp Signal are hereinafter collectively the "WSDOT Signals." Blank out signs that have been installed by WSDOT at I-5 at South 320' Street (SB Ramp) for turns to westbound 320' Street are deemed part of the WSDOT Signals for purposes of this Agreement. Luminaires owned by WSDOT associated with the five signalized intersections, hereinafter "WSDOT Luminaires," are deemed to be part of the WSDOT Signals for purposes of this Agreement. Locations of the WSDOT Luminaires and the City -owned Luminaires are shown in Exhibit B and the City's maintenance and operation responsibilities for the WSDOT Luminaires are defined in Section 3 of this Agreement. 3_ WSDOT has permitted the City's construction for the Project in WSDOT I-5, SR 18 and SR 161 right of way in Construction Agreement GCB 3359. 4. The Parties desire to define maintenance and operation obligations regarding the WSDOT Signals and WSDOT Luminaires. 5. The City acknowledges that the costs and expenses incurred by the City in maintaining and operating the WSDOT Signals and WSDOT Luminaires are offset by the benefits the City receives by having improved traffic signal performance at interfaces with City streets. NOW, THEREFORE, pursuant to RCW 47.28.140, the above recitals are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, covenants and performances contained herein, and the attached Exhibit A, Exhibit B and Exhibit C, which are incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. CITY OPERATION OF WSDOT RAMP SIGNALS GMB 1160 Page 1 of 10 1.1 At its sole cost and expense, the City will operate the WSDOT Ramp Signals at the intersection locations shown in Exhibit A by carrying out the responsibilities specified in Sections 1.2 through 1.12 of this Agreement. 1.2 The ramp signals at the intersection of the on -ramp and off -ramp with the arterial serve as control devices transitioning from "intermittent platoon," as in arterial signal control, to "steady and paced release," as in ramp metering control. In general, the transitional signal timing strategies are to make the platoon smaller and more frequent. This may include adjustment to multiple timing parameters, including cycle length, offset, conditional service, turn restriction, etc. The City will operate the WSDOT Ramp Signals consistent with these transitional signal timing strategies. 1.3 Within ninety (90) days of the date the City takes over responsibility for the operation of the WSDOT Ramp Signals pursuant to this Agreement, the Parties will jointly develop a traffic signal timing plan based on the dynamic capacity of the on -ramp and the dynamic demand of the off -ramp. 1.4 The City will operate the ramp terminal signals within the capacity constraint of the on -ramp capacity. 1.5 The City will program the City's arterial control system to be responsive and adaptive to the dynamic changes of on -ramp capacity in real time. 1.6 The City will use its best efforts to program the ramp terminal signals and arterial controls to avoid off -ramp queues extending onto the freeway. The Parties understand that only occasionally in situations of severe congestion and limited flow on City streets, off -ramp queues may extend onto the freeway despite the City's best efforts. 1.7 The City will terminate and/or truncate any green interval/phase feeding into the ramp soon enough so that ramp storage space is available for the following phase feeding into the ramp. 1.8 The City will use the vehicle detector output designated by WSDOT to provide necessary data for the City adaptive system. 1.9 The City will install any detection needed on the City street and the on -ramp to monitor ramp back up and adjust arterial timing so ramp storage is maintained and does not back up onto City streets. 1.10 The City will provide certain detector output and system timing parameters from their adaptive system to WSDOT. 1.11 The City will comply with WSDOT requirements as per the Traffic Operations Manual for settings such as minimum vehicle green, minimum vehicle clearance (yellow and all red), minimum walk time, and minimum flashing don't walk. The City will use WSDOT provided values for clearance intervals in the WSDOT provided clearance calculation sheet with the understanding that adaptive signal control can vary based on real time demands during the day. 1.12 The City will provide a work station for the adaptive system at WSDOT Northwest Region Headquarters. GMB 1160 Page 2 of 10 2. CITY OPERATION OF WSDOT NON -RAMP SIGNAL 2.1 At its sole cost and expense, the City will operate the WSDOT Non -Ramp Signal at the intersection location shown in Exhibit A by carrying out the responsibilities specified in Section 2.2 through 2.3 of this Agreement. 2.2 The City will coordinate and adjust signal timing as necessary and requested by WSDOT. 2.3 The City will comply with WSDOT standards for settings such as minimum vehicle green, minimum vehicle clearance (yellow and all red), minimum walk time, and minimum flashing don't walk. The City will comply with WSDOT standards for clearance intervals (yellow, all red, walk and flashing don't walk). The clearance intervals will be provided by WSDOT Traffic - Signal Operations staff. 3. CITY MAINTENANCE AND REPAIR OF THE WSDOT SIGNALS 3.1 The City, at its sole cost and expense, will maintain and repair the WSDOT Signals (both Ramp and Non -Ramp) by carrying out the responsibilities specified in Sections 3.2 through 3.7 of this Agreement. The City will label service cabinets with City contact information for the public. 3.2 The City will perform all routine and ordinary maintenance and repair, in addition to Minor and Yearly Preventative Maintenance of the WSDOT Signals, as defined in Exhibit C. 3.3 The City will provide routine maintenance of the WSDOT Signals, including the WSDOT Luminaires identified in Exhibit B, as follows: 3.3.1 Remove and replace failed and obsolete signal and signal mast street light components (i.e. load switches, loop amplifiers, conflict monitors, light fixtures, etc.). 3.3.2 Maintain accurate maintenance records as to the time and materials used in completing the various tasks. 3.3.3 Provide routine preventative maintenance, including signal controller equipment (inside the controller cabinet) and display and detection equipment (including, but not limited to, signal heads, lamps, etc.) to the extent consistent with WSDOT's current preventative maintenance standards as now adopted or hereafter amended. 3.3.4 Provide replacement of luminaire lamps on a four-year cycle. 3.3.5 Provide periodic visual inspections of the service cabinet to maintain wiring and circuits. 3.3.6 Repair and replace failed illumination components, burned out lamps, and circuit failures as necessary and/or requested by WSDOT. 3.4 Standards: Work to be performed by the City will be consistent with current WSDOT practices, as follows: GMB 1160 Page 3 of 10 3.4.1 Components employed in traffic signal systems, Intelligent Transportation Systems (ITS), illumination systems, or any other electrical installation will conform to requirements of WAC 296-46B-010 Traffic management systems. 3.4.2 The City will document work performed in Signal Maintenance records. 3.5 The City will respond to unplanned maintenance call -outs as soon as possible and no longer than two hours after the City receives the call -out. This responsibility includes after hours and weekends and holidays. 3.6 At its sole cost and expense, the City will provide and install any equipment for the WSDOT Signals if such equipment differs from that provided by WSDOT. 3.7 Locates: At its sole cost and expense, the City, as the Party responsible for the maintenance and operation of the WSDOT Signals pursuant to this Agreement, will comply with the requirements of Chapter 19.122 RCW, including, but not limited to: 3.7.1 The City will notify the Washington 811 service that the City is responsible for the WSDOT Signals and provide a map of the WSDOT Signals area to the Washington 811 service. 3.7.2 Whenever the Washington 811 service notifies the City of a locate request in the WSDOT Signals area, the City will perform the locate and mark the location of underground facilities as specified by RCW 19.122.030 and RCW 19.122.031, as applicable. 3.8 Traffic Control 3.8.1 The City agrees that traffic control for any work in WSDOT right of way authorized under this Agreement will be in compliance with the Manual on Uniform Traffic Control Devices (MUTCD). 3.8.2 The City will not perform any work authorized under this Agreement in such a manner as to conflict with, impede or disrupt in any way state highway construction, operation, or maintenance, or interfere with or endanger the safety of the traveling public. If it is likely that the City's work will conflict with, impede or disrupt in any way state highway construction, operation or maintenance, or interfere with or endanger the safety of the travelling public, then the City will submit traffic control plans to the WSDOT Construction Traffic Control Operations Manager for the Northwest Region (contact information in Section 11) for review and approval prior to the start of the City's work. WSDOT will review and approve, modify, or reject the City's traffic control plans within fifteen (15) working days after receipt of the plans. If WSDOT rejects the plans, WSDOT will work cooperatively with the City to develop acceptable plans. 4. CITY AND WSDOT COORDINATION AND PERFORMANCE 4.1 The City will notify WSDOT in writing which entity is carrying out the City's obligations to maintain, operate and/or repair the WSDOT Signals pursuant to this Agreement. If the City later chooses another entity to carry out its obligations it will notify WSDOT in writing by the next GMB 1160 Page 4 of 10 working day and will continue to provide updates to WSDOT of further changes, if any. "Writing" includes communication by email. 4.2 WSDOT and the City will meet at least quarterly to review system changes and issues of maintenance and operation of the WSDOT Signals. If both Parties agree a quarterly review meeting may occur by phone and/or via online meeting. 4.3 The City will work with WSDOT to implement improvements in response to safety and operational reviews conducted by WSDOT. These reviews include, but are not limited to, high accident reviews, left turn studies, and corridor field assessments. 4.4 The City will notify WSDOT of work performed on the WSDOT Signals to allow coordination with WSDOT's freeway and traffic signal maintenance and signal operations activities. 4.5 The City will coordinate review of modifications with WSDOT prior to implementation, except where extraordinary circumstances require the City to take immediate remedial action. hi the event a condition exists concerning the WSDOT Signals resulting from storm damage, third party damage, unknown third party damage, or other reasons, the City may of its own volition remove any obvious and immediate traffic hazards before notification to WSDOT. The City is responsible for implementing and maintaining necessary traffic control in accordance with Section 3.8 from the point at which the condition is identified until the traffic signal system is restored to its previous functional state. 4.6 The City agrees to respond to all constituent and media inquiries pertaining to maintenance and operation of the WSDOT Signals. 5. DEFICIENT MAINTENANCE 5.1 In the event the City does not perform necessary maintenance and/or repair of the WSDOT Signals, WSDOT shall notify the City of the deficiency in writing. The City agrees to correct the noted deficiency within thirty (30) calendar days of receipt of notice. If the City cannot, with due diligence, correct the deficiency within a period of thirty (30) calendar days from receipt of WSDOT's written notice, the City may make a written request of WSDOT for an extension of time, and WSDOT shall respond in writing and either grant an extension or deny the request. WSDOT shall not, without good cause, deny such request. 5.2 In the event the City does not correct a deficiency within thirty (30) calendar days of receipt of WSDOT's notice, or within the approved extension of time, if any, WSDOT, in its sole discretion, may perform the work to correct the deficiency. Such work may be accomplished by WSDOT personnel or its authorized contractor and the City agrees to reimburse WSDOT for its actual direct and related indirect costs in accordance with Section 7. 6. EMERGENCY MAINTENANCE 6.1 The City, at its sole cost and expense, agrees to perform emergency maintenance and operation of the WSDOT Signals. An emergency includes, but is not limited to, replacement of traffic signal systems or components resulting from accidents, adverse weather, vandalism or other forces or actions. GMB 1160 Page 5 of 10 6.2 In the event WSDOT identifies a condition in the WSDOT Signals that warrants emergency maintenance, WSDOT will notify the City and request that the City address the maintenance problem. Upon WSDOT notification to the City, and in the event the City is not available to perform such emergency maintenance, WSDOT reserves the right to perform the necessary emergency work. Such work may be accomplished by use of WSDOT personnel or a contractor and will be at the expense of the City, and the City agrees to reimburse WSDOT for the actual direct and related indirect costs in accordance with Section 7 of this Agreement. 7. PAYMENT 7.1 In the event WSDOT or its contractor performs any maintenance and/or repair work authorized pursuant to this Agreement, WSDOT shall invoice the City for the actual direct and related indirect costs associated with the work performed. Upon receipt of a detailed, itemized invoice from WSDOT, the City shall make payment within thirty (30) calendar days. All sums due from the City to WSDOT and not paid within thirty (30) calendar days of the date of invoice shall bear interest at the rate of twelve percent (12%) per annum, or the highest rate of interest allowable by law, whichever is greater; provided that, if the highest rate allowable by law is less than twelve percent (12%), interest charged hereunder shall not exceed that amount. Interest shall be calculated from the thirty-first calendar day until the date paid. If the City objects to all or any portion of an invoice it shall notify WSDOT within twenty (20) calendar days from the date of receipt and shall pay only that portion of the invoice not in dispute. WSDOT and the City shall immediately make every effort to settle the disputed portion, and if necessary utilize dispute resolution as provided for in Section 12.5 of this Agreement. No interest shall be due on any portion of an invoice the City is determined not to owe following settlement between the parties or completion of dispute resolution process. 7.2 WSDOT shall pay for all operational power costs for facilities owned by WSDOT. 7.3 The City shall pay for all operational power costs for facilities owned by the City. 8. RIGHT OF ENTRY 8.1 WSDOT grants to the City and its authorized agents, contractors, subcontractors, and/or employees, a right of entry onto WSDOT I-5, SR 18 and/or SR 161 right of way for the purpose of performing maintenance, operation and/or work authorized by this Agreement. 8.2 The City grants to WSDOT and its authorized agents, contractors, subcontractors, and/or employees, a right of entry onto City property and/or City right of way for the purpose of performing maintenance, operation and/or repair work authorized by this Agreement. 9. DAMAGE TO RIGHT OF WAY 9.1 The City and its authorized agents, contractors, subcontractors, and/or employees shall not damage the I-5, SR 18 and/or SR 161 right of way while performing maintenance, operation and/or repair of the WSDOT Signals. 9.2 If the City, its authorized agents, contractors, subcontractors, and/or employees do damage the I- 5, SR 18 and/or SR 161 right of way the City agrees to be directly responsible to WSDOT for the cost of reasonable repairs; provided that, prior to either the City or WSDOT commencing any GMB 1160 Page 6 of 10 such repairs, the Parties shall meet and confer regarding the nature and scope of repairs that are needed and shall allocate responsibility for the work. THIRD PARTY DAMAGE The City shall be responsible for repairing all third party damage to the WSDOT Signals at the City's expense. If WSDOT has information concerning third party damage to the WSDOT Signals it shall inform the City as soon as practicable. PARTY REPRESENTATIVES 11.1 For all communications under this Agreement the Parties designate the following representatives: City of Federal Way I Washington State Department of Transportation Rick Perez, P.E. City Traffic Engineer City of Federal Way 33325 8`' Avenue South Federal Way, WA 98003 (253) 835-2740 rick.perezCq2c ityoffederalwa, Karen McKenzie Signals Maintenance Superintendent Washington State Department of Transportation 3700 Ninth Avenue South Seattle, WA 98134 (206) 442-2119 McKenzK@,wsdot.wa. gov Traffic Control Matters Contact: Bonnie Nau Construction Traffic Control Operations Manager Washington State Dept. of Transportation 15700 Dayton Ave North Seattle, WA 98133 206.440.4471 11.2 A Party may designate an alternative representative and in this event shall notify the other Party in writing, which includes communication by email. 12. GENERAL PROVISIONS 12.1 Amendment: This Agreement may be amended or modified only by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 12.2 Term: The Term of this Agreement shall commence as of the last date signed below and shall continue for one year. The Agreement shall be automatically renewed for another one-year period on a calendar basis unless the Agreement is earlier terminated. GMB 1160 Page 7 of 10 12.3 Termination: 12.3.1 This Agreement may be terminated by the mutual agreement of the Parties, in writing, by those authorized to bind the Parties. 12.3.2 WSDOT may terminate this Agreement by providing sixty (60) calendar days written notice to the City. If WSDOT provides such notice to the City, this Agreement shall terminate sixty (60) calendar days from the date the City receives WSDOT's notice. 12.3.3 The City may terminate this Agreement by providing sixty (60) calendar days written notice to WSDOT. If the City provides such notice to WSDOT, this Agreement shall terminate sixty (60) calendar days from the date WSDOT receives the City's notice. 12.3.4 If WSDOT determines that the City has not maintained and operated any of the WSDOT Signals in conformance with WSDOT standards, WSDOT may terminate this Agreement by giving written notice with a date certain for termination, which may be immediately upon the City's receipt of the notice or upon an alternative date specified by WSDOT in its written notice. 12.3.5 In the event of a termination of this Agreement, if the City has allowed non-WSDOT standard signal operation equipment to be placed in the WSDOT Signals, the City shall return all signal system controllers and software to WSDOT standards. The City shall abide by whatever WSDOT standards are in place at the time of termination. The City may keep its own equipment. Equipment or software placed by the City consistent with WSDOT standards on the date of installation are not required to be replaced at the time of termination. 12.3.6 Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 12.4 Indemnification and Waiver: Each of the Parties shall protect, defend, indemnify, and hold harmless the other Party and its officers, officials, employees, and/or authorized agents, while acting within the scope of their employment as such, from any and all costs, claims, judgements, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, that Party's obligations performed or to be performed pursuant to the provisions of this Agreement. No Party shall be required to indemnify, defend, or hold harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of the other Party. Where such claims, suits, or actions result from the concurrent negligence of the Parties, their officers, officials, employees, and/or authorized agents, and/or involve those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the indemnifying Party, its officers, officials, employees, and/or authorized agents. The Parties agree that their obligations under this section extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of their officers, officials, employees, and/or authorized agents. For this purpose only, the Parties, by mutual negotiation, hereby waive, with respect to each other only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. This indemnification and waiver shall survive the termination of this Agreement. GMB 1160 Page 8 of 10 12.5 Disputes: The Parties shall work collaboratively to resolve disputes and issues arising out of, or related to, this Agreement. Disagreements shall be resolved promptly and at the lowest level of hierarchy. To this end, following the dispute resolution process in Sections 12.5.1 through 12.5.4 shall be a prerequisite to the filing of litigation concerning any dispute between the Parties: 12.5.1 The Representatives designated in this Agreement shall use their best efforts to resolve disputes and issues arising out of, or related to, this Agreement. The Representatives shall communicate regularly to discuss the status of the tasks to be performed hereunder and to resolve any disputes or issues related to the successful performance of this Agreement. The Representatives shall cooperate in providing staff support to facilitate the performance of this Agreement and the resolution of any disputes or issues arising during the term of this Agreement. 12.5.2 A Party's Representative shall notify the other Party in writing of any dispute or issue that the Representative believes may require formal resolution according to Section 12.5.4. The Representatives shall meet within five (5) working days of receiving the written notice and attempt to resolve the dispute. 12.5.3 In the event the Representatives cannot resolve the dispute or issue, the City's Mayor, and WSDOT's Northwest Region Administrator, or their respective designees, shall meet and engage in good faith negotiations to resolve the dispute. 12.5.4 In the event the City's Mayor and WSDOT's Northwest Region Administrator, or their respective designees, cannot resolve the dispute or issue, the City and WSDOT shall each appoint a member to a disputes board. These two members shall then select a third member not affiliated with either Party. The three member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. All expenses for the third member of the dispute board shall be shared equally by both Parties; however, each Party shall be responsible for its own costs and fees. 12.6 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall be brought in Thurston County Superior Court. Further, the Parties agree that each will be solely responsible for payment of its own attorney's fees, witness fees, and costs. 12.7 Records and Audit: All records for maintenance, operation and/or repair work done pursuant to this Agreement shall be held and kept available for inspection and audit by WSDOT, the City and the Federal government for a period of six (6) years from the date of termination of this Agreement or any final payment authorized under this Agreement, whichever is later. Each Party shall have full access to and right to examine said records, during normal business hours and as often as it deems necessary. Should a Party require copies of any records from the other Party, the requesting Party agrees to pay the costs thereof. In the event of litigation or claim arising from the performance of this Agreement, the City and WSDOT agree to maintain the records and accounts until such litigation, appeal or claims are finally resolved. This section shall survive the termination of this Agreement. 12.8 Severability: Should any section, term or provision of this Agreement be determined to be invalid, the remainder of this Agreement shall not be affected and the same shall continue in full force and effect. GMB 1160 Page 9 of 10 12.9 Calendar Day: Calendar day means any day on the calendar including Saturday, Sunday, a federal holiday, or a state holiday. 12.10 Working Day: Working day means any day other than Saturday, Sunday, a federal holiday, or a state holiday. Federal and/or state holidays include: • New Year's Day ■ Martin Luther King, Jr. Day ■ Presidents' Day • Memorial Day • Juneteenth • Independence Day • Labor Day • Columbus Day • Veterans Day • Thanksgiving Day • Native American Heritage Day • Christmas Day 12.11 Independent Contractor: Each Party shall be deemed an independent contractor for all purposes, and the employees of each Party or any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be employees of the other Party. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date last signed below. City of Federal Way Washington State Department of Transportation Sign and Date: Sign and Date: Name: Mark Leth Title: Assistant Regional Administrator Traffic Management - Northwest Region Approved as to Form Approved as to Form City of Federal Way Washington State _ Department of Transportation Sign and Date: Sign and Date: Name: Name: City Attorney Assistant Attorney General GMB 1160 Page 10 of 10 F, GMB 1160 Exhibit A WSDOT Signals at SR 5 AMC C ASM c.rnq B Eau lndla G,dI �MuW,ea lAren. Jlm,ry John ■ 4 ,Haan we*. 4 �s a �Lr,4 Le�a1A� ■ hr �• , akooneld a 3 PS320d, 91 ❑ �e i 8 am wealem lePh,s; w'r-edwd way Fe&f OWeylS32DlhQ Si Puk L Mee a5rr'9 Armeathenen 9 Page 1 of 1 SR 5 4 5 320th St. INB Rampl - Sig 039 Sa1th aeaLYa ❑ S 32a1h 51 5 ]7ahh MenY BaIPPiFQ K A Federal Way Vea Caner Weahaglan T 7p E&MOM AuonNbnv AAVForce Off ar Aemt& ® Huhh pmte..lona Washmo1m® Caaersrtce of Se Mh- 3 DavRa comorate ferry n!� BudOMke ffi f? f M.pdw CM9 20afr` WSDOT Signals at SR 5 and SR 161 5 � SR � (sR tZtf Ralr>gl ° S,rJ IU6 ..cY : WhdauY O Nrn•;Y� i n arw■ rr r � I Cl SR 101 sit-. 1w S sip s1e , .t Go gie pv� •�a4 1 ,F wr,naevao«c�egia moan•. LEGEND WSDOT OWNS, CITY MAINTAINS tlP 5 CITY OWNS. CITY MAINTAINS c- WSDOT OWNS, WSDOT MAINTAINS — N A _ l771 1- A REGION No. S I A I E FED. AID PROJ. NO. IL 1 DESIGNED HY J.BUSS 3 DEC 2020 WASH Exhibit B SOUTHBOUN01-5 & S 32DT11 IT ENTERED BY GMB 1160 T� SHEET CHECKED BY J06 UMBER I PROJ. ENGR. Pegg 1 Of 5 OF REGION ADM. CONTRACT NO. ILLUMINATION ASSIGNMENT PLAN 5 REVISION I DATE BY SHEETS LEGEND `A WSDOT OWNS. CITY MAINTAINS i B CITY OWNS. CITY MAINTAINS C WSDOT OWNS, WSDOT MAINTAINS N ■ web• 5 ''yi .;_ •, 1 i �- •�, `tin r C �J Y� r / L .r a■ REGION No. 5 1 A I E FED, AID PROD. NO. IL 2 DESIGNED BY J. BUSS 3 DEC 2020 WASH Exhibit B NORTHBOUND 1.5 & S 320TH ST ENTERED BY SE LUM FROM CITY TO STATE 19 FEB 2021 GMB 7160 � o.r�a..I.es,tr...�L.r�I SHEET MECKED 6Y JOB NUMBER 2 PROD. ENGR. Page 2 Of 5 OF REGION ADM. CON I RAC T NO. ILLUMINATION ASSIGNMENT PLAN 5 REVISION DATE BY SHEETS 'T LEGEND I i �> WSDOT OWNS, CITY MAINTAINS © CITY OWNS, CITY MAINTAINS WSDOT OWNS, WSDOT MAINTAINS SO - < • m REGION NO. S I A I r WASH FED. AID PROJ. NO. Exhibit B GMB 1160 Page 3 Of 5 SOUTHBOUND 1-5 & SR 18 IL 3 SHEET 3 OF 5 SHEETS DESIGNED BY ENTERED BY J. BUSS REVISION 3 DEC 2020 CHECKED By PROD. ENGR. JOB NUMBER ILLUMINATION ASSIGNMENT PLAN REGION ADM. DATE I BY CONTRACT NO. LEGEND (A) WSDOT OWNS. CITY MAINTAINS �B CITY OWNS, CITY MAINTAINS WSDOT OWNS, WSDOT MAINTAINS REGION NG. STATE FED. AID PROJ. NO. IL 4 DESIGNED BY J BUSS 3 DEC 2020 WASH Exhibit B WESTBOUND SR 18 S SR 161 ENTERED BY rrr�eanwr. SHEET CHECKED BY JOB NUMBER GMB 1160dT 4 PROD. ENGR. Page 4 Of 5 OF REGION ADiVI. CONTRACT NO. ILLUMINATION ASSIGNMENT PLAN 5 REVISION DATE BY SHEETS LEGEND vY� ( A WSDOT OWNS, CITY MAINTAINS ;,�-•: C B CITY OWNS, CITY MAINTAINS C WSDOT OWNS, WSDOT MAINTAINS r Vv �. _ A y l' M s WIN REGION NO. STATE FED. AID PROJ. NO. IL 5 ESIGNED BY L BUSS 3 DEC 2020 WASH Exhibit B �� SR 161 & 26TH AVE S / MILTON RD S ENTERED BY GMB 1160 �£! Waft .roN SHEE 5 CHECKED BY JOB NUMBER PROJ. ENGR. Page 5 Of 5 OF REGION ADM. REVISION I DATE BY CON I HAG I NO. ILLUMINATION ASSIGNMENT PLAN 5 SHEETS Exhibit C GMB 1160 Federal Way and WSDOT Agreement Page 1 of 1 SIGNAL MINOR PREVENTATIVE MAINTENANCE (PM) (1 unit per signal system): No less than one Minor PM every two months except where otherwise stated 1. Check controller operation. 2. Check controller date and time. 3. Observe loop amps for normal operation. 4. Check preemption for all directions. 5. Test pedestrian detection and indication. 6. Observe all signal heads for normal operation. 7. Observe loops in roadway. 8. Note any deficiencies that need to be corrected. 9. Spot check air filter replace if needed. 10. Vacuum out cabinet if needed. 11. Every time cabinet is opened log book is to be signed in date/time and purpose of site visit and sign. 12. Check signal interconnect system. 13. Check UPS (uninterrupted power supply) battery twice per year. SIGNAL YEARLY PREVENTATIVE MAINTENANCE (PM) (1 unit per signal system) 1. Check all cabinet wiring and terminals for tightness. 2. Check cabinet seals, locks, hinges, vent fan paint, remove graffiti, etc. for proper operation and appearance. 3. Check controller programming (timing, timing sheet, Transit Oriented Development (TOD) programs, communications, etc. ) for proper operation. 4. Test conflict monitor. 5. Perform Signal Minor PM (2612). 6. Note any deficiencies that need to be corrected. Exhibit C GMB 1160 Page 1 of 1 COUNCIL MEETING DATE: February 15, 2022 ITEM #: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TRANSPORTATION GRANT FUNDING APPLICATIONS POLICY QUESTION: Should City Council authorize the submittal of grant applications for the City Safety Program? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, RE, City Traffic Engineer DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Authorize the grant applications. 2. Do not authorize the grant applications and provide direction to staff. MAYOR'S RECOMMEND ION: Option 1. MAYOR APPROVAL: .>— DIRECTOR APPROVAL: i i ILL Cc - c Ca i initial/Date In1uav ate lnitialj COMMITTEE RECOMMENDATION: I move to forward the proposed authorization for grant application submittals to the February 15, 2022 consent agenda for approval. k & 2-c L ( /�/' �Afx),-Ove"J \i-' la I Dovev. Committee Chair klacVWalsh. Committ6e Member I-[oah Tran, Committee Member PROPOSED COUNCIL MOTION: "I of the proposed authorization. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2019 RESOLUTION # I CITY OF FEDERAL WAY MEMORANDUM DATE: February 7, 2022 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Rick Perez, P.E., City Traffic Engineerf SUBJECT: TRANSPORTATION GRANT FUNDING APPLICATIONS FINANCIAL IMPACTS: The SR 99 @ S 373' Street project is currently funded with a $2.5 million grant from the Transportation Improvement Board, $325,000 in mitigation funds from the Bridge Point development in Milton, and 2021 Capital Transportation Project funds. Receiving this grant would allow City capital funds to be transferred to other transportation projects. The match for the High Friction Surface Treatments project is proposed to be from 2024 Capital Transportation Project funding. Operations and maintenance of this project is expected to be minimal, lasting until subsequent overlays, and will be considered as part of the 2023-24 budget. BACKGROUND INFORMATION: This memorandum provides the Council with the current status of new grant funding programs for transportation improvement projects. Staff has evaluated all projects listed on the City's Six Year Transportation Improvements Plan (TIP) and concluded that the following projects will likely be competitive in the 2022 Highway Safety Improvement Program. Project (Funding Phase) Estimated Project Cost Possible Grant Funds Estimated City I Grant E Match City Safety Program — (Citywide — Systemic) High Friction Surface Treatments — Locations to be Determined (Design and Construction) Highway Safety Improvement $1,200,000 $1,000,000 Program (Federal Funds) City Safety Program — Spot Location SR 99 Au, S 373' St Roundabout and Access Management (Construction) $200,000 Highway Safety Improvement $3,500,000 $1,000,000 $2,500,000 (TIB) Program (Federal Funds) COUNCIL MEETING DATE: February 15, 2022 ITEM #: 5 l CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CONTRACT INCREASE FOR CONCRETE BEVELING SERVICES — TRIP HAZARD REMOVAL CONTRACT POLICY QUESTION: Should city council authorize increase of the contract amount of Precision Concrete Services, Inc.'s concrete beveling services (trip hazard removal) contract? COMMITTEE: LAND USE AND TRANSPORTATION MEETING DATE: February 7, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desiree S. Winkler. P.E., Deputy Director V-1- DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Approve the proposed increase of Precision Concrete Services, Inc.'s concrete beveling services (trip hazard removal) contract in the amount of $150,000 to a total contract amount of $250,000. 2. Do not approve the proposed contract increase and provide direction to staff. MAYOR'S MAYOR APPROVAL: TION: Option 1. DIRECTOR APPROVAL: M q !i Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed contract increase to the February 15, 2022 consent agenda for approval. AwcuvvA vac, Zoom Jack Dave, Committee Chair Jack]Walsh, Committee Member Aw" Hnan; Tran, Committee Member PROPOSED COUNCIL MOTION: "I move a royal proposed increase of Precision Concrete Services, Inc.'s concrete beveling services (trip hazard rem val) contract in the amount of $150, 000 to a total contract amount of $250, 000, and authorize the Mayor to ecute said change order. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION 9 CITY OF FEDERAL WAY MEMORANDUM DATE: February 7, 2022 TO: City Council VIA: Jim Ferrell, Mayor _ EJ Walsh, P.E., Public Works Director FROM: Desiree S. Winkler, P.E., Deputy Public Works Qirector� SUBJECT: Contract Increase Concrete Beveling Services — Trip Hazard Removal Contract FINANCIAL IMPACTS: Funding for the Concrete Beveling Services — Trip Hazard Removal contract is included in the Streets Maintenance fund (101) budget for 2021/2022. Streets maintenance funding consists of general funds (utility tax, sales tax, property tax, etc.) and Motor Vehicle Excise Tax (MVET). BACKGROUND INFORMATION: The city has responsibilities for sidewalk maintenance in large portions of the City. The City has on -going maintenance related to uneven sidewalk surfaces that create trip hazards. These trip hazards are primarily a result of tree roots heaving the panels. One way to correct these trip hazards is to saw or grind the "high" side of the panel to be even with the adjacent panel. From the inspections conducted as part of our Americans with Disabilities Act (ADA) Transition Plan, we estimate over $400,000 of trip hazard removal back log on our arterial sidewalk system. Although city staff has the capabilities of completing this type of work, and will continue to do so, the backlog is too much and the assistance of a contractor is needed. The city is prioritizing the arterials in areas of highest pedestrian usage. In early 2021, the city requested bids from all small works contractors listed under "Concrete Sidewalk — Trip Hazard Removal" category. One bid was received. Precision Concrete Cutting, Inc. was the lowest, responsive, responsible bidder. The original contract was executed in the amount of $100,000. Extra funds in the 101 Fund (primarily from staff savings), allowed expenditure of this entire amount in 2021. Two task orders were completed: SW Campus Drive/S 348th between 7thAve SW and Enchanted Parkway; and Pacific Hwy from S 356th to S 312th. Over 390 trip hazards were removed. Staff proposes to increase this public works maintenance contract by $150,000 for a new not -to - exceed amount of $250,000.00. Scope and schedule will be agreed upon via task orders with work completed no later than December 31, 2022. The first proposed task order of 2022 would be trip hazard removal at over 620 locations on SW/S 320th between 21" Ave SW and 25th Ave S (approximately $84,000.00). COUNCIL MEETING DATE: February 15, 2022 ITEM #•• on CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SUMMER EXPERIENCE AND ENRICHMENT FOR KIDS GRANT POLICY QUESTION: Should the City Council accept $249,100 from the Summer Experience and Enrichment for Kids Grant? COMMITTEE: NA MEETING DATE: 2/8/2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cody Geddes, Recreation Manager DEPT: Parks Attachments: 1. Staff Report Options Considered: 1. Accept $249,100 from the Summer Experience and Enrichment for Kids Grant 2. Do not accept funding and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: �W Co ee i'duacil nitialll7ate Initialli]ate InitiaUDate COMMITTEE RECOMMENDATION: I move to forward the proposed grant agreement to the February 15, 2022, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed acceptance of $249,100 from the Summer Experience and Enrichment for Kids Grant. " (BELOW TO BE CDAIPL ET ED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 31, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cody Geddes, Recreation Manager SUBJECT: Summer Experience and Enrichment for Kids Grant (SEEK Grant) Financial Impacts: This item was not included within the approved budget for the Recreation Department. As proposed, it will be funded by the Summer Experience and Enrichment for Kids Grant. Upon completion of the grant funded programs the future costs will be: - 2023 Day Camp fees will go back to $220 per week — No Subsidy and no ongoing costs We look to continue the Mobile Recreation Program in 2023 with two part time staff members, we believe we can absorb the costs in our current part-time staff budget if similar to 2022. The total estimated costs for staffing would be approximately $15,000. Weekly Teen Trips would be a onetime opportunity, we do not have funds to run the program without grant funding in 2023. Background Information: The Summer Experiences & Enrichment for Kids (SEEK) Grant was made possible by federal COVID-19 relief funds given to the Washington Office of the Superintendent of Public Instruction. These grants will support local agencies in expanding their current summer programs or creating a new program in order to provide more kids with access to outdoor learning opportunities, especially those who are typically underserved and who are most impacted by the COVID -19 pandemic The Recreation Department has received grants totaling $249,100 for three separate programs: Day Camp Subsidy $198,000 These funds will be used to lower the cost of day camp in 2022 to $100 a week. The goal for this request is to make camp more accessible to more families in Federal Way. Rev. 7/18 2. Mobile Recreation Program $30,000 These funds will be used to start a new mobile recreation and outreach program. We will have two recreation staff in parks throughout the summer for drop in activities. Staff will be at two designated park sites per day. There will be a schedule and a theme each week. The cargo van will be wrapped with a new graphic advertising the program. The goal of the program is to offer a free community program in neighborhoods that we have not traditionally served through Community Center activities. 3. Weekly Teen Adventure In $21,100 These funds will be used to start a new teen adventure series. For 10 weeks throughout the summer we will have a different teen adventure trip each week to various locations. We will partner with Communities in Schools to help with staffing and identifying interested youth. The trips will be free to participants and the goal is to expose kids to new opportunities. Rev. 7/18 COUNCIL MEETING DATE: February 15, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PARKS & RECREATION COMMISSION 2022 WORK PLAN POLICY QUESTION: Should the City Council approve the Parks & Recreation Commission 2022 Work Plan? COMMITTEE: PRHSPS CATEGORY: MEETING DATE: February 8, 2022 ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen, Parks Deputy Director DEPT: Parks Attachments: 1. Staff Report 2. Parks & Recreation Commission 2022 Work Plan Options Considered: 1. Approve the proposed Parks & Recreation Commission 2022 Work Plan. 2. Do not approve proposed Parks & Recreation Commission 2022 Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: C t��DIRECTOR APPROVAL: Initial/Dntc COMMITTEE RECOMMENDATION: I move to forward the proposed Parks & Recreation Commission 2022 Work Plan to the February 15, 2022, consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Parks & Recreation Commission 2022 Work Plan. " (BE, LOW TO BE COMPLETED BY CITY CLERK's OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 18, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason Gerwen, Parks Deputy Director SUBJECT: Parks & Recreation Commission 2022 Work Plan Financial Impacts: The Parks & Recreation Commission Work Plan does not have a direct financial impact. Background Information: The Parks & Recreation Commission Work Plan sets the priorities and projects for the Parks & Recreation Commission for the coming year. At the January 6, 2022, meeting, the Parks & Recreation Commission reviewed and voted to approve a work plan to guide them in 2022. Rev. 7/18 ,ACITY OF �4L Federal Way Parks & Recreation Commission 2022 Work Plan Project Summary/Objectives Commission Tasks When Status Goal: To establish a system to prioritize projects we could fund with King Co. Levy 1. Brain storm session Finalize Development of 2. Sub -Committee? 1st _ 2nd qtr. Prioritization Matrix Develop a system with criteria, to rank 3. Recommendation commission priorities and make more 4. Determine Costs informed decisions _ 1. Identify and sponsor scheduled volunteer's D Support volunteer events in City Parks in activities. F4/23/2iO22 2022 Volunteer Events conjunction with Parks Appreciation Day 2. Recruit volunteers. ers (PAD) in April. 3. Volunteer at events. To Be Serve Day in Oct. 4. Booth @ RWB Festival Determined (TBD) 1. Tour park playgrounds 2. Monitor and participate in playground Annual Playground Improvement of playground equipment in replacements. (Next up: Alderbrook, Equipment Replacement existing parks appropriate for the Celebration and Heritage Woods) 2nd th 2 _ 4 qtr: neighborhood 3. Prioritization of Funds - No REET allocation in 2021 - 2022 budget cycle Trail Repairs Identify and prioritize parks trail repairs. Root 1. Identify all trails in need of repairs. 2. Prioritize order of needed repairs 2nd -4th qtr. damaged trails are a priority 3. Identify or secure funding As needed, Steel ake Shop - Informational updates 1. Provide input as needed during process On -going Replacement 2nd - 4th qtr. Master Plan - Steel Lake Park 1. Participate in process to develop the scope Master Plan Steel Lake Park Property of the Master Plan process. 1. Participate in process to develop the scope Master Plan - Brooklake CC i Master Plan Brooklake Property of the Master Plan process. 1. Continue pursuing/identifying funding As Funding is Available As Funding is Available options As Funding Master Plan - Lakota Park Upgrade Park amenities 2. Strategize on how to get FW School is Available Board to partner in funding project COUNCIL MEETING DATE: February 15, 2022 ITEM #• CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CUMMINS, INC. — GENERATOR MAINTENANCE AND REPAIR AGREEMENT Policy Question: Should the City Council accept the state contract pricing from Cummins, Inc for Generator Maintenance and Repair and authorize staff to execute the contract? COMMITTEE: PRHSPS MEETING DATE: February 8, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen, Deputy Parks Director DEPT: Parks Attachments: 1. Staff Report 2. Maintenance Agreement 3. WA State Master Contract 02420 Options Considered: 1. Accept the state contract pricing from Cummins, Inc. for Generator Maintenance and Repair and authorize staff to execute the contract. 2. Do not approve and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. n ;2Z COMMITTEE RECOMMENDATION: "I move to forward the state contract pricing acceptance for Generator Maintenance and Repair and authorization to execute the contract to the February 15, 2022 City Council consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the state contract pricing from Cummins, Inc. for Generator Maintenance and Repair and authorize staff 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 — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 28, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason Gerwen, Deputy Parks Director SUBJECT: Generator Maintenance State Contract Financial Impacts: The cost to the City for Generator Maintenance was included within the approved budget under the Parks Department. In accordance with the approved budget, this item is funded by the general fund. Staff is requesting a total contract of up to $209,999.99 over the life of the contract. Background Information: The City of Federal Way has held a generator maintenance contract with Cummins, Inc. since 2015. The final allowable amendment to extend the current contract occurred in 2020. Staff is seeking to enter into the WA State Contract for a new four-year term to continue generator maintenance with Cummins, Inc. Rev. 7/18 CITY of CITY HALL Fe d e ra I Way 33325 Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www atyoffederalway com MAINTENANCE AGREEMENT FOR GENERATOR MAINTENANCE AND REPAIR This Maintenance Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Cummins Inc. dba Cummins Sales and Service, an Indiana corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: Cummins Inc. dba Cummins Sales and Service: Michael Radford 1800 Fryar Ave Sumner, WA 98390 206-276-7680 (telephone) com The Parties agree as follows: CITY OF FEDERAL WAY: Jason Gerwen 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-6912 (telephone) Jason.gerwen@cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than February 7, 2026 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time. Documentation. and Ins ep ction. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in MAINTENANCE AGREEMENT - 1 - 7/2021 CITY OF �41 L Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit `B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit `B," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Pa ent. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non-AppropLpation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Pa ent: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. MAINTENANCE AGREEMENT - 2 - 7/2021 CITY OF CITY HALL Federal Way 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 wwwcrtyoffederalway com 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 Ci!y Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. MAINTENANCE AGREEMENT - 3 - 7/2021 �Fecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vvww cityoffederalway. com 6.3. Additional Insured Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by MAINTENANCE AGREEMENT - 4 - 7/2021 CITY OF r CITY HALL ,4SFedel ��y 33325 Avenue South Federall Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 10.4 Prevailing Wages. 10.4.1 Wages of Emplayees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 10.4.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Retorting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EOUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of MAINTENANCE AGREEMENT - 5 - 7/2021 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway corn any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 IntgMretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, MAINTENANCE AGREEMENT - 6 - 7/2021 CITY OF CITY HALL A%,L,Federal Way Feder 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway corn unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement maybe executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] MAINTENANCE AGREEMENT - 7 - 7/2021 CITY OF ,� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: BY: Jim Ferrell, Mayor DATE: ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney CUMMINS INC. DBA CUMMINS SALES AND SERVICE: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20 . Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires MAINTENANCE AGREEMENT - 8 - 7/2021 CITY OF Federal Way EXHIBIT "A" SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vvww otyoffederalway. com 1. The Contractor shall do or provide the following: Basic Inspection and Full -Service Generator Maintenance and Repair at the locations listed below. A. B LOCATIONS City of Federal War (venerators Location Manufacturer Size -Model Serial Number Cite ID Number Number City Hall DFGEDFGL _ 33325 81h Onan 750 KW E040038190 92460 7 Ave S Police Facility Onan 35 KV4' �`f'll C080165474 92480 600 S 333,d 7075072 St FW Community DQFAA- Center Onan 750 KW D0800176462A 92490 876 S 333'0 70K"K4 St Maintenance 11.7 KV1' GS 1213- Facility 31130 28`t` Onan 11.7 LP13133- 02005488LP\V A3 A79 92470 KVA 208 Ave S Portable Unit Onan OT70C T7008-0()0105 92500 75 KVA Portable Unit Onan 60 KV1 OT70C T7008-000105 92510 75 KVA SCHEDULING i. All work must be completed during normal business hours, Monday -Friday (7a-4p) ii. Contractor's on -site activities must be scheduled at least five (5) business days in advance and coordinated through: Derreck Presnell Parks & Facilities Manager (253) 329-8419 Derreck.presnell cityyffederalway.com MAINTENANCE AGREEMENT - 9 - 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crryoffederatway com C. BASIC INSPECTIONS — TO BE COMPLETED TWICE A CALENDARYEAR 1" Visit: March/April, 2°d Visit: September/October i. BATTERIES AND BATTERY CHARGER • Visually inspect battery terminal connections • Verify electrolyte level, vent caps of all cells in the starting battery system • Visually inspect wiring, connections and insulation ■ Record battery charging functions • Record battery information ■ Record battery condition test ii. FUEL SYSTEM • Visually inspect ignition system (Natural Gas and Propane Only) • Record primary tank fuel level • Inspect engine fuel system for leaks • Visually inspect all engine fuel hoses, clamps, pipes, components and fittings • Visually inspect rupture/ containment basin • Inspect day tank and controls (if applicable) • Optional - fuel sample for laboratory analysis* COOLING SYSTEM • Record coolant level • Visually inspect for coolant leaks • Visually inspect drive belts condition • Verify for proper coolant heater operation • Record jacket water temperature • Visually inspect fan, water pump, drives and pulleys • Visually inspect all coolant hoses, clamps and connections • Visually inspect radiator condition • Visually inspect louver for damage • Visually inspect fan hub and drive pulley for mechanical damage ■ Record freeze point of antifreeze protection • Record DCA level prior to changing coolant filter • Optional - Coolant sample for laboratory analysis iv. LUBRICATION SYSTEM • Visually inspect engine oil leaks • Visually inspect engine oil lines and connections MAINTENANCE AGREEMENT - 10 - 7/2021 CITY OF CITY HALL �� Feder 8th Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 wwwcityoffedera/way. com • Record oil level • Optional - Oil sample for laboratory analysis* V. GENSET CONTROLS AND ACCESSORIES • Visually inspect all engine mounted wiring, senders and devices • Visually inspect all control mounted components and wiring ■ Verify all connecting plugs are tightened and in a good condition • Visually inspect all accessory components and wiring • Visually inspect and test lighting indicators A. INTAKE AND EXHAUST SYSTEMS • Visually inspect air filter and housing • Visually inspect all engine piping and connections • Record air cleaner restriction • Visually inspect engine exhaust system for leaks • Visually inspect rain cap • Optional — Air filter replacement* • Optional - Clean crankcase breather or replace filters* vii. GENERAL CONDITIONS • Visually inspect governor linkage and oil level • Visually inspect guards ■ Visually inspect enclosure • Visually inspect engine and generator mounts • Verify emergency stop operation viii. TRANSFER SWITCH • Visually inspect controls and time delay settings • Verify function of exercise clock and record settings from controller • Verify remote start control operation • Record utility / source one voltage ix. AFTERTREATMENT (Upon request) • Verify DEF level • Record DPF restriction • Visually inspect aftertreatment and controls X. SWITCHGEAR (Upon Request) • Inspection and Full -Service quote available upon request. MAINTENANCE AGREEMENT - 11 - 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. corn D. FULL SERVICE (INCLUDES INSPECTION) — TO BE COMPLETED ANNUALLY DURING THE MARCH/APRIL VISIT i. OPERATIONAL & FUNCTIONAL REVIEW OF GENERATOR CRITICAL COMPONENTS • Inspect engine cooling fan & fan drives for excessive wear or shaft wobble • Check all pulleys, belt tensioners, slack adjusters & idler pulleys for travel, wear & overall condition • Inspect / lubricate drive bearings, gear or belt drives, and other shaft connecting hardware ii. LUBRICATION OIL & FILTRATION SERVICE Change engine oil • Change oil, fuel and water filters Post lube services operations of genset (unloaded) at rated temperature iii. SERVICES AVAILABLE AT ADDITIONAL CHARGE ■ Any additional repairs, parts, or service that may be required will be brought to the attention of the City. Repairs will only be made after proper authorization in writing from the City is given to Contractor. Any additional repairs, maintenance or service performed by Contractor or a Planned Equipment Maintenance Agreement holder will be at current Contractor labor rates. Arc flash boundary and available incident energy shall be identified and marked on equipment being serviced or maintained. MAINTENANCE AGREEMENT - 12 - 7/2021 CITY OF ra CITY HALL Federal 1 a l Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crtyoffederalway com EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed One Hundred Ninety Thousand Seven Hundred Thirty -Five and 69/100 Dollars ($190,735.69) and Washington State sales tax equal to Nineteen Thousand Two Hundred Sixty -Four and 30/100 Dollars ($19,264.30) for a total of Two Hundred Nine Thousand Nine Hundred Ninety Nine and 99/100 Dollars ($209,999.99). 2. Method of Compensation: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Category 1: Preventive maintenance, repair services and load bank testing for generators up to 600 kW. Mechanic Electrician Truck driver Region North Puget Sound Prevailing 85% Prevailing 65% Prevailing 90% Wage + 1 Wage + Wage + After-hours/emergency work PW + 155 % (Overtime) Replacement Parts 20% Category 2: Preventive maintenance, repair services and load bank testing for generators 601 kW to 3,000 kW (or larger) Mechanic Electrician Truck driver Region North Puget Sound Prevailing 851/10 Prevailing 65% Prevailing 90% Wage + Wage + Wage + After-hours/emergency work PW + 155% Replacement parts 20% Permit fees Cost of permit fees may be charged at cost as a separate line item on customer invoices. Labor costs involved in obtaining permits may be charged at regular contract prices. MAINTENANCE AGREEMENT - 13 - 7/2021 CITY OF AV*�Federal Travel charges Mileage: $3 per mile CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www aryoffederalway.. com Hourly each way: Charged at the actual hours in transit for the actual technician for the county of the job site at the markup rate (PW+%) Per diem at actual State Administrative and Accounting Manual rates (based on federal GSA guidelines) per location of job — no minimum charge; no charge for lodging if no overnight stay. Minimum charge for service: $300 MAINTENANCE AGREEMENT - 14 - 7/2021 Washington State Department of Enterprise Services MASTER CONTRACT No. 02420 GENERATOR MAINTENANCE AND REPAIR For Use by Eligible Purchasers By and Between STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES and CUMMINS INC. dba CUMMINS SALES AND SERVICE In All Categories and All Regions Dated February 16, 2021 MASTER CONTRACT , No. 02420 GENERATOR MAINTENANCE AND REPAIR This Master Contract ("Master Contract") is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency ("Enterprise Services") and Cummins Inc., an Indiana corporation ("Contractor") and is dated and effective as of February 8, 2021. RECITALS A. Pursuant to Legislative direction codified in RCW Chapter 39.26, Enterprise Services, on behalf of the State of Washington, is authorized to develop, solicit, and establish master contracts for goods and/or services for general use by Washington state agencies and certain other entities (eligible purchasers). B. On behalf of the State of Washington, Enterprise Services, as part of a competitive governmental procurement, issued Competitive Solicitation No. 02420 dated November 4, 2020. C. Enterprise Services evaluated all responses to the Competitive Solicitation and identified Contractor as an apparent successful bidder for all regions and all categories. D. Enterprise Services has determined that entering into this Master Contract will meet the identified needs and be in the best interest of the State of Washington. E. The purpose of this Master Contract is to enable eligible purchasers to purchase Generator Maintenance and Repair as set forth herein. AGREEMENT Now THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto hereby agree as follows: 1. TERM. The term of this Master Contract is sixty (60) months, commencing February 8, 2021, and ending February 7, 2026. 2. ELIGIBLE PURCHASERS. This Master Contract may be utilized by any of the following types of entities ("Purchaser"): 2.1. WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions, boards, and commissions. 2.2. WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any the following institutions of higher education in Washington: State universities — i.e., University of Washington and Washington State University; MASTER CONTRACT No. 02420 1 ■ Regional universities — i.e., Central Washington University, Eastern Washington University, and Western Washington University ■ The Evergreen State College; ■ Community colleges and technical colleges. 2.3. MCUA PARTIES. Any of the following types of entities that have executed a Master Contract Usage Agreement with Enterprise Services: Political subdivisions (e.g., counties, cities, school districts, public utility districts) in the State of Washington; Federal governmental agencies or entities; ■ Public -benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and Federally -recognized Indian Tribes located in the State of Washington. 3. SCOPE— INCLUDED SERVICES AND PRICE. 3.1. CONTRACT SCOPE. Pursuant to this Master Contract, Contractor shall furnish qualified personnel, replacement parts, tools and supplies to perform generator preventive maintenance, repairs and load bank testing in accordance with the manufacturer requirements and current industry standards (hereafter "Services") for the prices set forth in ExhibitA— Prices. Contractor shall not represent to any Purchaser under this Master Contract that Contractor has contractual authority to sell any services beyond those set forth in this Master Agreement. 3.2. STATERS ABILITY TO MODIFY SCOPE OF MASTER CONTRACT. Subject to mutual agreement between the parties, Enterprise Services reserves the right to modify the Services included in this Master Contract; Provided, however, that any such modification shall be effective only upon thirty (30) days advance written notice; and Provided further, that any such modification must be within the scope of this Master Contract. 3.3. PRICE CEILING. Although Contractor may offer lower prices to Purchasers, Contractor guarantees to provide Services during the term of this Master Contract at no greater than the prices (prevailing wage plus percentage markup) set forth in ExhibitA— Prices. 3.4. MASTER CONTRACT INFORMATION. Enterprise Services shall maintain and provide information regarding this Master Contract, including scope and pricing, to eligible Purchasers. 4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following representations and warranties as of the effective date of this Master Contract and at the time any order is placed pursuant to this Master Contract. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach. 4.1. QUALIFIED TO Do BUSINESS. Contractor represents and warrants that it is in good standing and qualified to do business in the State of Washington, that it is registered with the Washington State Department of Revenue and the Washington Secretary of State, that it possesses and shall keep current all required licenses and/or approvals, and that it is current, in full compliance, and has paid all applicable taxes owed to the State of Washington. MASTER CONTRACT No. 02420 2 4.2. SUSPENSION AND DEBARMENT. Contractor represents and warrants that neither it nor its principals or affiliates presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any governmental contract by any governmental department or agency within the United States. 4.3. PERFORMANCE & DELIVERY OF SERVICES. Contractor represents and warrants that in performing Services pursuant to this Master Contract, Contractor shall: (a) Provide replacement parts and supplies that are merchantable, fit and safe for the intended purposes, free from defects in materials and workmanship, free of liens and encumbrances and are produced and delivered in full compliance with applicable law; (b) Perform its obligations in a timely, professional, and workmanlike manner consistent with standards in the profession; (c) Meet or exceed the performance and operational standards and specifications in this Master Contract; (d) Not interfere with the State's operations; (e) Obtain and maintain all necessary licenses, permits, or other authorizations necessary for the performance of the Master Contract; (f) Cooperate with the State and any third party to achieve the objectives of the Master Contract; (g) Return to the Purchaser any Purchaser -furnished equipment or other resources in the same condition as when provided when no longer required forthe Master Contract; (h) Comply with all Purchaser physical and IT security policies and standards which will be made available upon request; (i) Comply with all State fire, access, safety, and other security requirements while on State premises; and 0) Provide the State priority in performance of this Master Contract except as mandated by federal disaster response requirements. Upon breach of warranty, Contractor will repair or re -perform (at no charge to Purchaser) any Services whose nonconformance is discovered and made known to the Contractor. If, in Purchaser's judgment, repair or re -performance is inadequate, or fails of its essential purpose, Contractor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, MASTER CONTRACT No. 02420 3 actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys' fees and costs. Notwithstanding any provision to the contrary, any breach under this paragraph is considered a material breach. 4.4. WAGE VIOLATIONS. Contractor represents and warrants that, during the term of this Master Contract and the three-year period immediately preceding the award of the Master Contract, it is not determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington state wage laws set forth in RCW chapters 49.46, 49.48, or 49.52. 4.5. PAY EQUALITY. Contractor represents and warrants that, among its workers, similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. Contractor may allow differentials in compensation for its workers based in good faith on any of the following: a seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job -related factor or factors; or a bona fide regional difference in compensation levels. A bona fide job -related factor or factors may include, but not be limited to, education, training, or experience that is: consistent with business necessity; not based on or derived from a gender -based differential; and accounts for the entire differential. A bona fide regional difference in compensation level must be consistent with business necessity; not based on or derived from a gender -based differential; and account for the entire differential. Notwithstanding any provision to the contrary, upon breach of warranty and Contractor's failure to provide satisfactory evidence of compliance within 30 days, Enterprise Services may suspend or terminate this Master Contract and any Purchaser hereunder similarly may suspend or terminate its use of the Master Contract and/or any agreement entered into pursuant to this Master Contract. 4.6. EXECUTIVE ORDER 18-03 — WORKERS' RIGHTS. Contractor represents and warrants, as previously certified in Contractor's Bidder's Certification, that Contractor does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. Contractor further represents and warrants that, during the term of this Contract, Contractor will not, as a condition of employment, require its employees to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. 4.7. PERFORMANCE SPECIFICATIONS. Contractor represents and warrants that all Services performed by Contractor shall be based upon the performance specifications of individual equipment as published by the equipment manufacturer or as otherwise indicated in this Master Contract or Purchaser's ordering document. 4.8. INDUSTRY CODES AND STANDARDS. Contractor represents and warrants that Contractor's Services comply with the latest edition of applicable industry and government codes and standards. 4.9. LABOR FURNISHED. Contractor represents and warrants that any electrical work required forthe Services performed by Contractor shall be performed by a certified journey -level electrician as required by RCW 19.28.161 and WAC 296-4613-920. MASTER CONTRACT No. 02420 4 4.10. MANUFACTURER CERTIFICATION. Contractor represents and warrants that it is an authorized service provider for the following manufacturers - Caterpillar, Kohler-SDMO, Cummins, and Generac - and that it shall maintain its authorized service provider status for the Term of this Master Contract. Upon request by Enterprise Services, Contractor shall provide evidence of its status as an authorized service provider. 4.11. PROCUREMENT ETHICS AND PROHIBITION ON GIFTS. Contractor represents and warrants that it complies fully with all applicable procurement ethics restrictions including, but not limited to, restrictions against Contractor providing gifts or anything of economic value, directly or indirectly, to Purchasers' employees. 4.12. WASHINGTON'S ELECTRONIC BUSINESS SOLUTION (WEBS). Contractor represents and warrants that it is registered in Washington's Electronic Business Solution (WEBS), Washington's contract registration system and that, all of its information therein is current and accurate and that throughout the term of this Master Contract, Contractor shall maintain an accurate profile in WEBS. 4.13. STATEWIDE PAYEE DESK. Contractor represents and warrants that it is registered with the Statewide Payee Desk, which registration is a condition to payment. 4.14. MASTER CONTRACT PROMOTION, ADVERTISING AND ENDORSEMENT. Contractor represents and warrants that it shall use commercially reasonable efforts both to promote and market the use of this Master Contract with eligible Purchasers and to ensure that those entities that utilize this Master Contract are eligible Purchasers. Contractor understands and acknowledges that neither Enterprise Services nor Purchasers are endorsing Contractor's services or suggesting that such services are the best or only solution to their needs. Accordingly, Contractor represents and warrants that it shall make no reference to Enterprise Services, any Purchaser, or the State of Washington in any promotional material without the prior written consent of Enterprise Services. 4.15. MASTER CONTRACT TRANSITION. Contractor represents and warrants that, in the event this Master Contract or a similar contract is transitioned to another contractor (e.g., Master Contract expiration or termination), Contractor shall use commercially reasonable efforts to assist Enterprise Services for a period of sixty days to effectuate a smooth transition to another contractorto minimize disruption of service and/or costs to the State of Washington. MASTER CONTRACT No. 02420 5 S. USING THE MASTER CONTRACT— PURCHASES. 5.1. ORDERING REQUIREMENTS. Eligible Purchasers shall order Services from this Master Contract, consistent with the terms hereof and by using any ordering mechanism agreeable both to Contractor and Purchaser but, at a minimum, including the use of a purchase order. When practicable, Contractor and Purchaser also shall use telephone orders, email orders, web - based orders, and similar procurement methods (collectively "Purchase Order"). All order documents must reference the Master Contract number. The terms of this Master Contract shall apply to any Purchase Order and, in the event of any conflict, the terms of this Master Contract shall prevail. Notwithstanding any provision to the contrary, in no event shall any 'click -agreement,' software or web -based application terms and conditions, or other agreement modify the terms and conditions of this Master Contract. 5.2. RECEIPT AND INSPECTION OF SERVICES. Services purchased under this Master Contract are subject to Purchaser's reasonable inspection, testing, and approval at Purchaser's destination. Purchaser reserves the right to reject and refuse acceptance of Services that are not in accordance with this Master Contract and Purchase Order. If there are any apparent defects in the Services at the time of delivery, Purchaser promptly will notify Contractor. At Purchaser's option, and without limiting any other rights, Purchaser may require Contractor to repair, replace or re -perform, at Contractor's expense, any or all of the Services within five (5) business days of the notice or, at Purchaser's option, Purchaser may note any issues with the services on the receiving report, decline acceptance, and deduct the cost of rejected Services from final payment. Payment for any Services under such Purchase Order shall not be deemed acceptance of the Services. 5.3. ON SITE SAFETY REQUIREMENTS. While on Purchaser's premises, Contractor, its agents, employees, or subcontractors shall comply, in all respects, with Purchaser's physical, fire, access, safety, and other security requirements. Contractor's employees might have to pass a security background check before performing Services for certain Purchasers. All Contractor's employees who provide services at Department of Corrections (DOC) facilities must pass a security background check to be cleared for access to a DOC facility. Contractor shall submit required personnel information with adequate time for completion of a security background clearance, generally five (5) business days ahead of a scheduled site visit. For emergency requests, the Contractor will maintain a ready pool of personnel who are cleared for access. Some DOC facilities may require security clearance to be updated every 90 days. Contractors' employees who provide service at a DOC facility may be required to attend a security briefing before working inside a facility for the first time. The briefing will cover tool control, key control, association with offenders, staff escorts, use of cell phones, pagers, cameras, tobacco products, alcohol, and weapons. 5.4. CLEANING. Contractor shall insure that all areas are clean and salvaged materials or scraps are removed before leaving jobsite. The cleaning must be to a minimum of industry standards, and shall be to the full satisfaction of Purchaser. Contractor will be fully responsible for removal and disposal of all parts, supplies, oils, greases, solvents and soiled cleaning cloths/rags that are used in performing the Services. All material will be disposed of in accordance with all applicable local, State and Federal laws and regulations. 5.5. PREVENTIVE MAINTENANCE. Contractor shall perform preventive maintenance to prevent malfunctions or shutdowns of generator systems due to normal wear and tear. Preventive MASTER CONTRACT No. 02420 6 maintenance includes scheduled, periodic, on -site inspection, testing, adjustments and part replacements of the generator system to keep a generator in proper working order consistent with original manufacturer specifications and recommendations. Contractor and Purchaser shall establish a preventive maintenance agreement to cover the specific tasks and frequency of preventive maintenance services for Purchaser's generator system. Services shall be performed during normal business hours and charged at a regular hourly rate, unless otherwise requested and approved by the Purchaser in advance. Normal business hours shall mean 7:30 a.m. to 5 p.m., Monday through Friday, with the exception of state holidays. 5.6_ LOAD BANK TESTING. Contractor shall perform load bank testing and provide Purchaser with the load bank testing report that contains comprehensive test results. Load banktesting produces artificial loads on the generators by bringing the engine to an appropriate operating temperature and pressures to verify all primary components of the generator system are in proper working condition consistent with original manufacturer specifications and recommendations. Contractor and Purchaser shall establish an agreement to cover the specific tasks and frequency of load bank testing services for Purchaser's generator system. Services shall be performed during normal business hours and charged at a regular hourly rate, unless otherwise requested and approved by the Purchaser in advance. Normal business hours shall mean 8 a.m. to 5 p.m., Monday through Friday with the exception of the state holidays. 5.7. REPAIR SERVICES. Repair services include unscheduled maintenance of generator systems which are not operating properly and require immediate repair or service to return them to proper working order consistent with original manufacturer specifications and recommendations. Contractor shall provide twenty-four (24) hours a day, seven (7) days a week telephone service for as -needed repair requests. Prior to any repairs being made by the Contractor, the Contractor shall submit a written proposal to the Purchaser to obtain formal approval to proceed. 5.8. REPLACEMENT PARTS. In performing the services, Contractor shall provide only new replacement parts that are approved by the serviced generator's manufacturer. If Contractor wishes to provide parts other than recommended by the original equipment manufacturer, Contractor shall, in writing, state the type proposed and the specifications to the Purchaser for review and written approval. Contractor shall use commercially reasonable efforts to procure replacements parts in the most expeditious manner available. 5.9. RESPONSE TIMES. Contractor must arrive at Purchaser's location within a four-hour window for a scheduled appointment; within six hours of the Purchaser's request for emergency repair services (as defined in Section 5.7); and 10 hours for emergency repair services in a rural location, defined as two hours or more from a Contractor's regional office. 6. INVOICING AND PAYMENT. 6.1. CONTRACTOR INVOICE. Contractor shall submit to Purchaser's designated invoicing contact properly itemized invoices. Such invoices shall itemize the following: (a) Master Contract No. 02420. (b) Contractor name, address, telephone number, and email address for billing issues (i.e., Contractor customer service representative). MASTER CONTRACT No. 02420 7 (c) Contractor's Federal Tax Identification Number (d) Date(s) of delivery (e) Invoice amount; and (f) Payment terms, including any available prompt payment discounts. Contractor shall provide Purchaser with the estimates and invoices for the Services that breakdown the total cost into the number of hours required to complete the Services, and pricing for supplies and replacement parts in accordance with the rates and mark-ups as set forth in Exhibit A — Prices. Upon Purchaser's request Contractor has to provide its supplier invoices to verify cost paid for supplies and replacement parts. Documentation of hours is required for Services payment due to Contractor. If less than the stated hours of Services are performed, the prorated dollar value for the time short will be deducted from Contractor's invoice. Contractor's invoices for payment shall reflect accurate Master Contract prices. Invoices will not be processed for payment until receipt of a complete invoice as specified herein. 6.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchaser. Payment is due within thirty (30) days of invoice. If Purchaser fails to make timely payment(s), Contractor may invoice Purchaser in the amount of one percent (1%) per month on the amount overdue or a minimum of $1. Payment will not be considered late if a check or warrant is mailed within the time specified. 6.3. OVERPAYMENTS. Contractor promptly shall refund to Purchaser the full amount of any erroneous payment or overpayment. Such refunds shall occur within thirty (30) days of written notice to Contractor; Provided, however, that Purchaser shall have the right to elect to have either direct payments or written credit memos issued. If Contractor fails to make timely payment(s) or issuance of such credit memos, Purchaser may impose one percent (1%) per month on the amount overdue thirty days after notice to the Contractor. 6.4. No ADVANCE PAYMENT. No advance payments shall be made for any products or services furnished by Contractor pursuant to this Master Contract. 6.5, No ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or impose any additional charges including, but not limited to, charges for shipping, handling, or payment processing. 6.6. TAXES/FEES. Contractor promptly shall pay all applicable taxes on its operations and activities pertaining to this Master Contract. Failure to do so shall constitute breach of this Master Contract. Unless otherwise agreed, Purchaser shall pay applicable sales tax imposed by the State of Washington on purchased Services. Contractor, however, shall not make any charge for federal excise taxes and Purchaser agrees to furnish Contractor with an exemption certificate where appropriate. 7. CONTRACT MANAGEMENT. 7.1. CONTRACT ADMINISTRATION AND NOTICES. Except for legal notices, the parties hereby designate the following contract administrators as the respective single points of contact for purposes of this Master Contract. Enterprise Services' contract administrator shall provide Master Contract oversight. Contractor's contract administrator shall be Contractor's principal contact MASTER CONTRACT NO. 02420 8 for business activities under this Master Contract. The parties may change contractor administrators by written notice as set forth below. Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing: Enterprise Services Attn: Bart Potter Washington Dept. of Enterprise Services PO Box 41411 Olympia, WA 98504-1411 Tel: (360) 407-9431 Email: bart.potter@des.,c,:a.2.;,,.; Contractor Attn: Mike Radford 1800 Fryar Ave Sumner, WA 98390 Tel: (206) 276-7680 Email: michael.radford cummins.co+ , Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon transmission to the designated email address of said addressee. 7.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service representative (and inform Enterprise Services of the same) who shall be responsible for addressing Purchaser issues pertaining to this Master Contract. 7.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S. certified mail, return receipt requested, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing: Enterprise Services Attn: Legal Services Manager Washington Dept. of Enterprise Services PO Box 41411 Olympia, WA 98504-1411 Email: greg.talbert@des.wa.Rov Contractor Attn: Scott Beier Assistant Counsel Cummins, Inc. 301 E. Market Street, Indianapolis, IN 46204 Email: scott.beier@)curnrnins.com Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, upon return receipt, or, if emailed, upon transmission to the designated email address of said addressee. 8. CONTRACTOR SALES REPORTING; VENDOR MANAGEMENT FEE; AND CONTRACTOR REPORTS. 8.1. MASTER CONTRACT SALES REPORTING. Contractor shall report total Master Contract sales quarterly to Enterprise Services, as set forth below. (a) Master Contract Sales Reporting System. Contractorshall report quarterly Master Contract sales in Enterprise Services' Master Contract Sales Reporting System. Enterprise Services will provide Contractor with a login password and a vendor number. The password and vendor number will be provided to the Sales Reporting Representative(s) listed on Contractor's Bidder Profile. MASTER CONTRACT No. 02420 9 (b) Data. Each sales report must identify every authorized Purchaser by name as it is known to Enterprise Services and its total combined sales amount invoiced during the reporting period (i.e., sales of an entire agency or political subdivision, not its individual subsections). The "Miscellaneous" option may be used only with prior approval by Enterprise Services. Upon request, Contractor shall provide contact information for all authorized Purchasers specified herein during the term of the Master Contract. If there are no Master Contract sales during the reporting period, Contractor must report zero sales. (c) Due dates for Master Contract Sales Reporting. Quarterly Master Contract Sales Reports must be submitted electronically by the following deadlines for all sales invoiced during the applicable calendar quarter: FOR CALENDAR QUARTER ENDING March 31: I April 30 June 30: I July 31 MASTER CONTRACT SALES REPORT DUE September 30: I October 31 December 31: � January 31 8.2. VENDOR MANAGEMENT FEE. Contractor shall pay to Enterprise Services a vendor management fee ("VMF") of 1.5 percent on the purchase price for all Master Contract sales (the purchase price is the total invoice price less applicable sales tax). (a) The sum owed by Contractor to Enterprise Services as a result of the VMF is calculated as follows: Amount owed to Enterprise Services = Total Master Contract sales invoiced (not including sales tax) x .015. (b) The VMF must be rolled into Contractor's current pricing. The VMF must not be shown as a separate line item on any invoice unless specifically requested and approved by Enterprise Services. (c) Enterprise Services will invoice Contractor quarterly based on Master Contract sales reported by Contractor. Contractors are not to remit payment until they receive an invoice from Enterprise Services. Contractor's VMF payment to Enterprise Services must reference this Master Contract number (02420), work request number (if applicable), the year and quarter for which the VMF is being remitted, and the Contractor's name as set forth in this Master Contract, if not already included on the face of the check. (d) Failure to accurately report total net sales, to submit a timely usage report, or remit timely payment of the VMF, may be cause for Master Contract suspension or termination or the exercise of other remedies provided by law. Without limiting any other available remedies, the Parties agree that Contractor's failure to remit to Enterprise Services timely payment of the VMF shall obligate Contractor to pay to Enterprise Services, to offset the administrative and MASTER CONTRACT No. 02420 10 transaction costs incurred by the State to identify, process, and collect such sums, the sum of $200.00 or twenty-five percent (25%) of the outstanding amount, whichever is greater, or the maximum allowed by law, if less. (e) Enterprise Services reserves the right, upon thirty (30) days advance written notice, to increase, reduce, or eliminate the VMF for subsequent purchases, and reserves the right to renegotiate Master Contract pricing with Contractor when any subsequent adjustment of the VMF might justify a change in pricing. 8.3. ANNUAL MASTER CONTRACT SALES REPORT. Contractor shall provide to Enterprise Services a detailed annual Master Contract sales report. Such report shall include, at a minimum: Product description, part number or other Product identifier, per unit quantities sold, and Master Contract price. This report must be provided in an electronic format that can be read by Microsoft (MS) Excel. 9. RECORDS RETENTION AND AUDITS 9.1. RECORDS RETENTION. Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Contract and orders placed by Purchasers under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall retain such records for a period of six (6) years following expiration or termination of this Master Contract or final payment for any order placed by a Purchaser against this Master Contract, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved. 9.2. AUDIT. Enterprise Services reserves the right to audit, or have a designated third party audit, applicable records to ensure that Contractor has properly invoiced Purchasers and that Contractor has paid all applicable vendor management fees. Accordingly, Contractor shall permit Enterprise Services, any Purchaser, and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Contract or orders placed by a Purchaser under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of six (6) years following expiration or termination of this Master Contract or final payment for any order placed by a Purchaser against this Master Contract, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved. 9.3. OVERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any other remedy available to any Purchaser, Contractor shall (a) reimburse Purchasers for any overpayments inconsistent with the terms of this Master Contract or orders, at a rate of 125% of such overpayments, found as a result of the examination of the Contractor's records; and (b) reimburse Enterprise Services for any underpayment of fees, at a rate of 125% of such fees found as a result of the examination of the Contractor's records (e.g., if Contractor underpays the Vendor Management Fee by $500, Contractor would be required to pay to Enterprise Services $500 x 1.25 = $625). 10. INSURANCE. MASTER CONTRACT No. 02420 11 10.1. REQUIRED INSURANCE. During the Term of this Master Contract, Contractor, at its expense, shall maintain in full force and effect the insurance coverages set forth in Exhibit e — Insurance Requirements. All costs for insurance, including any payments of deductible amounts, shall be considered incidental to and included in the prices for services and no additional payment shall be made. 10.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation statutes and regulations (e.g., RCW Title 51, Industrial Insurance). If Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, Enterprise Services may terminate this Master Contract. This provision does not waive any of the Washington State Department of Labor and Industries (L&I) rights to collect from Contractor. In addition, Contractor waives its immunity under RCW Title 51 to the extent it is required to indemnify, defend, and hold harmless the State of Washington and its agencies, officials, agents, or employees. 11. CLAIMS. 11.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes sole responsibility and all risks of personal injury or property damage to itself and its employees and agents in connection with its operations under this Master Contract. Enterprise Services has made no representations regarding any factor affecting Contractor's risks. Contractor shall pay for all damage to any Purchaser's property resulting directly or indirectly from its acts or omissions under this Master Contract, even if not attributable to negligence by Contractor or its agents. 11.2. THIRD -PARTY CLAIMS; INDEMNITY. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless Enterprise Services and any Purchaser and their employees and agents from and against all claims, demands, judgments, assessments, damages, penalties, fines, costs, liabilities or losses including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees (collectively "claims") arising from any act or omission of Contractor or its successors, agents, and subcontractors under this Master Contract, except claims caused solely by Enterprise Services or any Purchasers' negligence. Contractor shall take all steps needed to keep Purchaser's property free of liens arising from Contractor's activities, and promptly obtain or bond the release of any such liens that may be filed. 12. DISPUTE RESOLUTION. The parties shall cooperate to resolve any dispute pertaining to this Master Contract efficiently, as timely as practicable, and at the lowest possible level with authority to resolve such dispute. If, however, a dispute persists and cannot be resolved, it may be escalated within each organization. In such situation, upon notice by either party, each party, within five (5) business days shall reduce its description of the dispute to writing and deliver it to the other party. The receiving party then shall have three (3) business days to review and respond in writing. In the event that the parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference between the respective senior managers of each organization to attempt to resolve the dispute. In the event the parties cannot agree, either party may resort to court to resolve the dispute. 13. SUSPENSION AND TERMINATION; REMEDIES. 13.1. SUSPENSION AND TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor's operations under this Master Contract immediately by written cure notice of any default. MASTER CONTRACT No. 02420 12 Suspension shall continue until the default is remedied to Enterprise Services' reasonable satisfaction; Provided, however, that, if after thirty (30) days from such a suspension notice, Contractor remains in default, Enterprise Services may terminate Contractor's rights under this Master Contract. All of Contractor's obligations to Enterprise Services and Purchasers survive termination of Contractor's rights under this Master Contract, until such obligations have been fulfilled. 13.2. DEFAULT. Each of the following events shall constitute default of this Master Contract by Contractor: (k) Contractor fails to perform or comply with any of the terms or conditions of this Master Contract including, but not limited to, Contractor's obligation to pay vendor management fees when due; (1) Contractor breaches any representation or warranty provided herein; or (m) Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary. 13.3. REMEDIES FOR DEFAULT. (a) Enterprise Services' rights to suspend and terminate Contractor's rights under this Master Contract are in addition to all other available remedies. (b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasers replacement services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Master Contract price and the replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement—e.g., the cost of the competitive procurement. 13.4. LIMITATION ON DAMAGES. Notwithstanding any provision to the contrary, the parties agree that in no event shall any party or Purchaser be liable to the other for exemplary or punitive damages. 13.5. GOVERNMENTAL TERMINATION. (a) Termination for Withdrawal of Authority. Enterprise Services may suspend or terminate this Master Contract if, during the term hereof, Enterprise Services' procurement authority is withdrawn, reduced, or limited such that Enterprise Services, in its judgment, would lack authority to enter into this Master Contract; Provided, however, that such suspension or termination for withdrawal of authority shall only be effective upon twenty (20) days prior written notice; and Provided further, that such suspension or termination for withdrawal of authority shall not relieve any Purchaser from payment for services already ordered as of the effective date of such notice. Except as stated in this provision, in the event of such suspension or termination for withdrawal of authority, neither Enterprise Services nor any Purchaser shall have any obligation or liability to Contractor. (b) Termination for Public Convenience. Enterprise Services, for public convenience, may terminate this Master Contract; Provided, however, that such termination for public convenience must, in Enterprise Services' judgment, be in the best interest of MASTER CONTRACT No. 02420 13 the State of Washington; and Provided further, that such termination for public convenience shall only be effective upon sixty (60) days prior written notice; and Provided further, that such termination for public convenience shall not relieve any Purchaser from payment for services already ordered as of the effective date of such notice. Except as stated in this provision, in the event of such termination for public convenience, neither Enterprise Services nor any Purchaser shall have any obligation or liability to Contractor. 13.6. TERMINATION PROCEDURE. Regardless of basis, in the event of suspension or termination (in full or in part), the parties shall cooperate to ensure an orderly and efficient suspension or termination. Accordingly, Contractor shall deliver to Purchasers all services that are complete (or with approval from Enterprise Services, substantially complete) and Purchasers shall inspect, accept, and pay for the same in accordance with this Master Contract and the applicable Purchase Order. Unless directed by Enterprise Services to the contrary, Contractor shall not process any orders after notice of suspension or termination inconsistent therewith. 14. GENERAL PROVISIONS. 14.1. TIME IS OF THE ESSENCE. Time is of the essence for each and every provision of this Master Contract. 14.2. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law. 14.3. INTEGRATED AGREEMENT. This Master Contract constitutes the entire agreement and understanding of the parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein. 14.4. AMENDMENT OR MODIFICATION. Except as set forth herein, this Master Contract may not be amended or modified except in writing and signed by a duly authorized representative of each party. 14.5. AUTHORITY. Each party to this Master Contract, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Master Contract and that its execution, delivery, and performance of this Master Contract has been fully authorized and approved, and that no further approvals or consents are required to bind such party. 14.6. No AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall be or is intended to be created by or under this Master Contract. Neither party is an agent of the other party nor authorized to obligate it. 14.7. ASSIGNMENT. Contractor may not assign its rights under this Master Contract without Enterprise Services' prior written consent and Enterprise Services may consider any attempted assignment without such consent to be void; Provided, however, that, if Contractor provides written notice to Enterprise Services within thirty (30) days, Contractor may assign its rights under this Master Contract in full to any parent, subsidiary, or affiliate of Contractor that controls or is controlled by or under common control with Contractor, is merged or consolidated with Contractor, or purchases a majority or controlling interest in the ownership or assets of Contractor. Unless otherwise agreed, Contractor guarantees prompt performance MASTER CONTRACT No. 02420 14 of all obligations under this Master Contract notwithstanding any prior assignment of its rights. 14.8. BINDING EFFECT; SUCCESSORS AND ASSIGNS. This Master Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 14.9. PUBLIC INFORMATION. This Master Contract and all related documents are subject to public disclosure as required by Washington's Public Records Act, RCW chapter 42.56. 14.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED SERVICES. Contractor irrevocably assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws in connection with any services provided in Washington for the purpose of carrying out the Contractor's obligations under this Master Contract, including, at Enterprise Services' option, the right to control any such litigation on such claim for relief or cause of action. 14.11. FEDERAL FUNDS. To the extent that any Purchaser uses federal funds to purchase services pursuant to this Master Contract, such Purchaser shall specify, with its order, any applicable requirement or certification that must be satisfied by Contractor at the time the order is placed or upon delivery. 14.12. SEVERABILITv. If any provision of this Master Contract is held to be invalid or unenforceable, such provision shall not affect or invalidate the remainder of this Master Contract, and to this end the provisions of this Master Contract are declared to be severable. If such invalidity becomes known or apparent to the parties, the parties agree to negotiate promptly in good faith in an attempt to amend such provision as nearly as possible to be consistent with the intent of this Master Contract. 14.13. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or to notify the other party in the event of breach, shall not release the other party of any of its obligations underthis Master Contract, nor shall any purported oral modification or rescission of this Master Contract by either party operate as a waiver of any of the terms hereof. No waiver by either party of any breach, default, or violation of any term, warranty, representation, contract, covenant, right, condition, or provision hereof shall constitute waiver of any subsequent breach, default, or violation of the same or other term, warranty, representation, contract, covenant, right, condition, or provision. 14.14. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth in or otherwise made pursuant to this Master Contract shall survive and remain in effect following the expiration or termination of this Master Contract, Provided, however, that nothing herein is intended to extend the survival beyond any applicable statute of limitations periods. 14.15. GOVERNING LAw. The validity, construction, performance, and enforcement of this Master Contract shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law rules. 14.16. JURISDICTION AND VENUE. In the event that any action is brought to enforce any provision of this Master Contract, the parties agree to exclusive jurisdiction in Thurston County Superior Court MASTER CONTRACT No. 02420 15 for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington. 14.17. ATTORNEYS' FEES. Should any legal action or proceeding be commenced by either party in order to enforce this Master Contract or any provision hereof, or in connection with any alleged dispute, breach, default, or misrepresentation in connection with any provision herein contained, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred in connection with such action or proceeding, including costs of pursuing or defending any legal action, including, without limitation, any appeal, discovery, or negotiation and preparation of settlement arrangements, in addition to such other relief as may be granted. 14.18. FAIR CONSTRUCTION AND INTERPRETATION. The provisions of this Master Contract shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Master Contract. Each party hereto and its counsel has reviewed and revised this Master Contract and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Master Contract. Each term and provision of this Master Contract to be performed by either party shall be construed to be both a covenant and a condition. 14.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Master Contract, the parties shall each do whatever may reasonably be necessary to accomplish the transactions contemplated in this Master Contract including, without limitation, executing any additional documents reasonably necessary to effectuate the provisions and purposes of this Master Contract. 14.20. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Master Contract in their entirety. 14.21. CAPTIONSAND HEADINGS. The captions and headings in this Master Contract are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Master Contract nor the meaning of any provisions hereof. 14.22. ELECTRONIC SIGNATURES. A signed copy of this Master Contract or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Master Contract or such other ancillary agreement for all purposes. MASTER CONTRACT No. 02420 16 14.23. COUNTERPARTS. This Master Contract may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Master Contract at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Master Contract. EXECUTED as of the date and year first above written. STATE OF WASHINGTON Department of Enterprise Services By: Elena McGrew Its: Chief Purchasing Officer Signature: _Cf CUMMINS INC., an Indiana corporation, dba Cummins Sales and Service By: Fred Risse ItS: Dir. Power Generation PEM Solutions, Western U.S. Signature: MASTER CONTRACT No. 02420 17 Exhibit A PRICES FOR SERVICES Category 1: Preventive maintenance, repair services and load bank testing for generators up to 600 W. Region Mechanic Electrician Truck driver North Puget Sound PW + 85% PW + 65% 68% PW + 90% Olympic PW + 90% PW + PW + 95% Southwest PW + 90% PW + 68% PW + 160% North Central PW + 115% PW + 70% PW + 150% South Central PW + 115% PW + 80% PW + 140% Eastern PW + 115% PW + 100% PW + 110% Other markups After-hours/emergency work (Overtime) PW + 155% Replacement Parts 20% Category 2: Preventive maintenance, repair services and load bank testing for generators 601 kW to 3,000 kW (or larger) Region Mechanic Electrician Truck driver North Puget Sound PW + 85% PW + 65% PW + 90% Olympic PW + 90% PW + 73% PW + 93% Southwest PW + 90% PW + 73% PW + 166% North Central PW + 115% PW + 70% PW + 150% South Central PW + 115% PW + 85% PW + 140% Eastern PW + 115% PW + 105% PW + 110% Other markups After-hours/emergency work PW + 155% Replacement parts 20% MASTER CONTRACT No. 02420 18 Permit fees Cost of permit fees may be charged at cost as a separate line item on customer invoices. Labor costs involved in obtaining permits may be charged at regular contract prices. Travel charges Mileage: $3 per mile Hourly each way: Charged at the actual hours in transit for the actual technician for the county of the job site at the markup rate (PW+%) for the region. Example: For an electrician traveling to King County, hourly each way would be $137.03; in Spokane, it would be $115.54. Per diem at actual State Administrative and Accounting Manual rates (based on federal GSA guidelines) per location of job — no minimum charge; no charge for lodging if no overnight stay. Minimum charge for service: $300. MASTER CONTRACT No. 02420 19 Exhibit B INSURANCE REQUIREMENTS INSURANCE OBLIGATION. During the Term of this Master Contract, Contractor shall possess and maintain in full force and effect, at Contractor's sole expense, the following insurance coverages: COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance (and, if necessary, commercial umbrella liability insurance) covering bodily injury, property damage, products/completed operations, personal injury, and advertising injury liability on an 'occurrence form' that shall be no less comprehensive and no more restrictive than the coverage provided by Insurance Services Office (ISO) under the most recent version of form CG 00 01 in the amount of not less than $2,000,000 per occurrence and $4,000,000 general aggregate. This coverage shall include blanket contractual liability coverage. This coverage shall include a cross -liability clause or separation of insured condition. b. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE. Commercial automobile liability insurance covering the ownership, maintenance, and/or use of all owned/leased, non -owned, and hired vehicles used in the performance of the Master Contract, with limits of not less than $1,000,000 per accident, combined single limit for bodily injury and property damage liability. Coverage shall be provided on Insurance Services Office (ISO) form number CA 0001 or an equivalent. The required limits can be satisfied by any combination of primary, umbrella, or excess policy. c. EMPLOYERS' LIABILITY (STOP GAP) INSURANCE. Employers' liability insurance (and, if necessary, commercial umbrella liability insurance) with limits not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000 bodily injury by disease policy limit. The insurance coverage limits set forth herein are the minimum. Contractor's insurance coverage shall be no less than the minimum amounts specified. Coverage in the amounts of these minimum limits, however, shall not be construed to relieve Contractor from liability in excess of such limits. Contractor waives all rights against the State of Washington for the recovery of damages to the extent such damages are covered by any insurance required herein. 2. INSURANCE CARRIER RATING. Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable to the State of Washington's Office of Risk Management. Insurance coverage shall be provided by companies authorized to do business within the State of Washington and rated A- Class VII or better in the most recently published edition of Best's Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. ADDITIONAL INSURED. Commercial General Liability, Commercial Automobile Liability, and Pollution Liability Insurance shall include the State of Washington and all authorized Purchasers (and their agents, officers, and employees) as Additional Insureds evidenced by copy of the Additional Insured Endorsement attached to the Certificate of Insurance on such insurance policies. MASTER CONTRACT No. 02420 20 4. CERTIFICATE OF INSURANCE. Prior to execution of the Master Contract, Contractor shall furnish to Enterprise Services, as evidence of the insurance coverage required by this Master Contract, a certificate of insurance satisfactory to Enterprise Services that insurance, in the above -stated kinds and minimum amounts, has been secured. In addition, no less than ten (10) days prior to coverage expiration, Contractor shall furnish to Enterprise Services an updated or renewed certificate of insurance, satisfactory to Enterprise Services, that insurance, in the above -stated kinds and minimum amounts, has been secured. Failure to maintain or provide proof of insurance, as required, will result in contract cancellation. All policies and certificates of insurance shall include the Master Contract number stated on the cover of this Master Contract. 5. PRIMARY COVERAGE. Contractor's insurance shall apply as primary and shall not seek contribution from any insurance or self-insurance maintained by, or provided to, the additional insureds listed above including, at a minimum, the State of Washington and/or any Purchaser. All insurance or self-insurance of the State of Washington and/or Purchasers shall be excess of any insurance provided by Contractor or subcontractors. 6. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required insurance policies. Alternatively, prior to utilizing any subcontractor, Contractor shall cause any such subcontractor to provide insurance that complies will all applicable requirements of the insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements for each subcontractor. Each subcontractor must comply fully with all insurance requirements stated herein. Failure of any subcontractor to comply with insurance requirements does not limit Contractor's liability or responsibility. 7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of Washington and any Purchaser for the recovery of damages to the extent such damages are or would be covered by the insurance specified herein. 8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation, material change, exhaustion of aggregate limits, or intent not to renew insurance coverage, either in whole or in part, without at least sixty (60) days prior written Legal Notice by Contractor to Enterprise Services. Failure to provide such notice, as required, shall constitute default by Contractor. Any such written notice shall include the Master Contract number stated on the cover of this Master Contract. 9. ExTENDED REPORTING PERIOD. If any required insurance coverage is on a claims -made basis (rather than occurrence), Contractor shall maintain such coverage for a period of no less than three (3) years following expiration or termination of the Master Contract. MASTER CONTRACT No. 02420 21 COUNCIL MEETING DATE: February IS, 202....... .2 ITEM #: 6a . .... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING: Public hearing to consider proposed Code Amendments: Public Transportation Facilities POLICY QUESTION: N/A COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Davis, Community Develo ment Director DEPT: Community Development Summary/Background: Community Development is seeking to amend Title 19 of the Federal Way Revised Code to allow Light Rail or Commuter Rail Transit Facilities as a specified, permitted use within the Commercial Enterprise (CE) and City Center Core (CC-C) zones. This proposed change would allow the city to apply more specific controls through development regulations for that use, where currently they are allowed more broadly as essential public facilities. Specifically, the revised code would require that transit stations provide an adequate number of parking spaces for users of the facility. NOTE: A public hearing is required prior to adoption of the ordinance. The Council will not consider adoption at this time, but rather under Item 8a where the staff report and draft ordinance may be found. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: 012- � 1/10/22 Initial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): "I move to close the public hearing. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # COUNCIL MEETING DATE: Feb. . . . .ruary 15, 2022 ITEM #: / a ....... .... _........ ... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DOWNTOWN REVITALIZATION PLAN POLICY QUESTION: Should the City continue conversations regarding exploring alternatives for pedestrian and bicycle crossing of S 32011' Street in downtown. COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Davis, Director/EJ Walsh, Director DEPT: Community Dev./Public Works Attachments: 1. Staff Report Options Considered: 1. Refer this item to the LUTC for further discussion. 2. Do not approve exploring alternatives for improving non -vehicular mobility downtown and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends sending this item to the Land Use and Transportation Committee for further discussion on the S 320th Street dip. MAYOR APPROVAL: ( lv4 fir# o COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: Initial/Date PROPOSED COUNCIL MOTION: "I move to refer this item to the L UTC for further discussion. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 1 fZ 2 CITY OF FEDERAL WAY MEMORANDUM DATE: February 10, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Brian Davis, Interim City Administrator'CJ ' — Keith Niven, Planning Manager SUBJECT: Downtown Revitalization Plan discussion Financial Impacts: This Agenda Item is an information item for the City Council. There are no costs to the City relating to this Agenda Item. Background Information: Staff presented proposals for the Council's consideration at the January 18, 2022, Special Council meeting relating to TC-3 and an additional budget appropriation for a feasibility study for the S 320th Street dip. This memorandum is intended to provide additional details to help inform further discussion of on -going planning efforts for Downtown. The City Council appropriated $100,000 in the current budget for Downtown Planning. Use of those funds should be directed to an effort that will help the City achieve the downtown that is described in the City's Comprehensive Plan. Before a decision is made, the factors currently influencing the downtown area should be well understood and considered. There are several things either in motion or potentially coming to the surface in the near future that will influence the City's Downtown for a number of years to come. These catalysts may be categorized into either property redevelopment or mobility improvements. Both will be discussed below: Property Redevelopment 1. TC-3 property TC-3 is owned by the City. A conversation was started with the City Council at the Special Council meeting on January 18, 2022, to move forward with a Request for Proposals to develop a Master Development Plan for this property. This item will be discussed in detail separately under Agenda Item 7b. 2. The ST surplus parcels Sound Transit has hired Hatch and ZGF Architects to develop plans for their surplus properties in Federal Way with an intent to sell those properties for Rev. 7/18 development. Re -development of the properties will be required to conform to applicable zoning and City Code requirements. The property purchaser(s) will be responsible for the final design and permitting of the property re -development. Pursuant to Washington's State Statute RCW 81.112. 350, Sound Transit is required to offer 80 percent of its surplus property that is suitable for housing to qualified entities to develop housing affordable to families at 80 percent of area median income or less. City staff (Public Works and Community Development) have been meeting with Sound Transit staff to discuss the development of the surplus properties. Pursuant to the Mayor and Council's previous direction, staff have continued to express a desire for some of the surplus property to be used for employment uses; and, that the City would prioritize opportunities for residential ownership. There have been no conversations with Sound Transit regarding these properties in 2022. 3. The Commons The owners of the Commons [Merlon Geier (MG)] engaged with City staff regarding redevelopment of their property. Meeting with staff from Community Development, Economic Development, Public Works and the Law departments, MG expressed a desire to pursue a development agreement for the property. The proposal consisted primarily of the conversion of existing retail into housing. Following a few meetings in 2021, it became evident there were a number of items that were desired by MG that would be inconsistent with existing codes and the City's vision for Downtown. No conversations have occurred this year other than the continuing, separate conversations, related to permitting of additional pad sites. 4. Other Downtown properties There have been no active conversations with other property owners or developers on significant redevelopment projects in the City Center over the past 10 months. Mobility Improvements 1. Federal Way Link Extension This project extends light rail from the Angle Lake Station in the City of SeaTac to the Federal Way Transit Center. The 7.8-mile extension includes three stations: in Kent/Des Moines near Highline College, South 272nd Street, and the Federal Way Transit Center. The extension is expected to open in 2024. The projected ridership in 2026 is 29,000-34,000 daily riders. As part of the Federal Way Station, multiple improvements are being made to the existing road network to accommodate the increase in vehicles, bikes and pedestrians. Those include the construction of new connector roads in the station area to reduce block size; various improvements to existing roads and traffic Rev. 7/18 signals to improve vehicular circulation; and, various improvements to intersections, street crossings, and sidewalks to improve bike and pedestrian connectivity and circulation. Public Works has secured grant funding for improvements to further support capital improvements to both vehicular and pedestrian improvements in this area and the City included a request on our most recent Legislative Agenda for funding of additional pedestrian connectivity improvements through the City core to promote walkability to the station. 2. City Center Access Project The City started the City Center Access project after seeing traffic levels continue to rise in the City Core because of sustained growth, which are now approaching unacceptable levels, even with the planned mass transit. The City Center Access project will provide additional, and improved, connections to central gathering places and services for the community by strengthening traffic operations, increasing safety and efficiency for all modes of transportation, and allowing a reduced dependency on single occupancy vehicles through improved transit, pedestrian and bike connections. The City is working through the Environmental Process for the preferred alternative, which, in part, includes the following improvements: ■ Building an I-5 overcrossing at S 324th Street from 23rd Avenue S to Weyerhaeuser Way S for people to walk, bike, and drive. ■ Making road improvements on 23`d Ave S and S 324th Street from 13th Ave S to 23rd Avenue S. ■ Modifying the S 320th Street interchange to support connectivity to 3201h and 324th. Rev. 7/18 Building two new roundabouts on S 324th St, at 23rd Avenue S and Weyerhaeuser Way S. Restriping of S 320" St to provide high occupancy vehicle lanes from SR 99 to Military Road S. No additional widening is proposed. Adding shared -used paths and regional trail connections, including a connection to the BPA Trail. At - Grade w Ekwaled 1-5 Access r_ Local Road y Improvement Element W nd Tmt"OV Q Imp,-nl Elcmenl Light Rail w H r On/OR Ramp Gave BPATrdil N ... Future BPA 13 W trallconnection- < n �♦ palenllal route � � � Q federal Way Park&Rid, n 5317TH ST ' Future Light Rail Station P Sound Transit Tacoma Dome Link Eztenslon - Ilght rail (alignment iBD) 3. S 31411 Street: PVR Way S to 23rd Ave S Construct pedestrian and bike improvements including sidewalks and streetlights. 4. 211t Avenue S and S 320th St signalization Congestion has increased at this intersection over recent years and is projected to further increase with the new station, reaching a level of failure. Additionally, since the Panera opened, this intersection has seen an increase in the number of collisions in both the serious and significant categories. In conjunction with increased vehicular congestion and increased accidents, it is anticipated that there will be an increase in pedestrian and bicyclists users following the opening of the ST light rail station, Public Works has secured grant funding for intersection improvements and signalization for S 3201h Street and 21St Avenue S. Rev. 7/l8 5. S 320th dip The proposed 2 1 " Avenue S signalized intersection will improve both vehicular traffic operations and circulation, safety, and non -vehicular mobility across S 320th Street. While the proposed design of the signalized crossing meets current ADA requirements, pedestrian crossing of S 320th Street may be considered a challenge for those with disabilities; and, crossing a 7-lane arterial may not be considered an enjoyable experience, even with a signalized crossing and a pedestrian refuge island. As part of planning for downtown, staff have been exploring ideas for making Downtown more walkable, specifically by exploring concepts for facilitating bike and pedestrian circulation across S 3201h St and creating a landmark gateway feature for Downtown. This effort is consistent with the following Goals from the City's Comprehensive Plan: CCG1 Create an identifiable City Center that serves as the social, cultural, and economic focus of the City. Define a City Center with distinct boundaries, unique building types, and special features. CCG9 Provide a balanced transportation network that accommodates public transportation, high occupancy vehicles, pedestrians, bicyclists, automobiles, and integrated parking. CCG14 Promote and facilitate the effective use of non -motorized transportation. Create a safe, efficient, and enjoyable pedestrian and bicycle system. CCP 15 Emphasize pedestrian and bicycle circulation, as well as other travel modes in all aspects of developing the City Center transportation system. Include public sidewalks, street trees, and other pedestrian amenities for streets. An elevated pedestrian bridge over S 320th Street was previously evaluated, but it poses safety concerns, challenges for those with strollers or mobility limitations, Rev. 7/18 and numerous studies have shown that pedestrians will choose more direct pathways, bypassing an elevated bridge even if they are less safe. Another option would be to explore dipping S 320th Street under 21st Avenue S. There are a number of factors that would need to be explored with this idea if the City wanted to pursue a feasibility review. Those factors include potential impacts to the street network grid possibly requiring construction or improvements of other local streets and intersections to mitigate the loss of traffic capacity, the impacts to existing utilities (water, sewer, storm, electrical, etc.) in S 320th Street, potential impacts to adjacent private properties, acquisition of additional Right of Way, and determining the impacts to other in -process or planned City capital projects. Mayor's Recommendation: Building a great downtown for our City should explore all creative ideas and make sure that we pursue all opportunities, even the difficult ones. Following Council discussion, the Mayor recommends sending this item to a Study Session of the City Council in March or April for further discussion. Although other topics may be included, at a minimum direction needs to be provided on the following: 1. Given the properties currently considering redevelopment, should immediate planning efforts focus on the blocks proximate to the light rail station? 2. Should the City utilize the current budget appropriation for Downtown Planning and supplement it to move forward with a feasibility study for the S 320th Street dip? Rev. 7/18 COUNCIL MEETING DATE: February 15, 2022 ITEM #: 7b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REQUEST FOR PROPOSALS (RFP) FOR CITY -OWNED TC-3 PROPERTIES POLICY QUESTION: Should the City issue an RFP to develop a Master Plan for the redevelopment of the city - owned TC-3 properties? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Davis, Director Attachments: 1. Staff Report DEPT: Community Development Options Considered: 1. Authorize moving forward with issuing the RFP for the city -owned TC-3 property in order to facilitate the redevelopment of the property. 2. Do not approve moving forward with issuing the RFP for the city -owned TC-3 property and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends the city move forward with issuing the RFP for TC-3 to prepare a Master Plan fore property in order to facilitate the near -term redevelopment of the property. MAYOR APPROVAL: P d _), DIRECTOR APPROVAL: Z/ 17r ZZ Ca tillua CGURCil fnitlalMate Initial/Date COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move the city issue a Request for Proposals for the city -owned TC-3 properties to facilitate the redevelopment of that site. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 3, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Brian Davis, Director � ' Community Development SUBJECT: Request for Proposals (RFP) for the city -owned TC-3 properties Financial Impacts: The cost for the City to execute a contract to develop a Master Plan for the TC-3 properties is already part of the approved budget. No additional funds will be required. Background Information: The City purchased the old Target building east of the PAEC and just north of the Transit Center (see map) in 2014. For the past eight years, the building has sat empty. The Federal Way community has made the City Center a significant part of its vision. As documented in the city's Comprehensive Plan, participants in community workshops helped to develop a vision for Federal Way's future. A keystone of that vision is an attractive, multi -faceted City Center providing the setting for commercial, residential, recreational, entertainment and civic activities. Of the land owned by the City, eight acres were envisioned for a hotel and potential development opportunities for office, medical office, higher educational facilities, retail and restaurants, along with arts and entertainment venues. In addition, there is a smaller component for office or institutional space (Town Rev. 7/18 Center III). The vision for this property further evolved over time to include opportunities for the development of the following: a conference hotel including conference and ballroom space, along with a bar and restaurant space adjacent to the performing arts and convention facility. Additionally, the city is looking for office, specialty retail, market rate housing, space for arts and entertainment including galleries, studios, museums, educational/classroom space, specifically for a culinary arts institute which will support the performing arts and conference facility. Also included is childcare facility. For eight years there has been a lot of talk about this property and what could or should be developed on it. To move this conversation forward, the City needs to have a clearer vision for what it wants built here. The RFP envisions an approach that would include both community engagement and a current market analysis to inform the preparation of the Master Plan. The Master Plan will identify the preferred uses; how the parcel boundaries should be reconfigured for separate ownerships; and, a method the City should take to solicit developer partners to bring the Plan to life. Community Engazement: A key part of the process for developing a successful Master Plan for TC-3 requires outreach and input from the community. This component of the project envisions the Rev. 7/18 following: ■ Involve the appointed City Center Task Force (this group would be formed in February/March) ■ Presentation to the Chamber of Commerce (scheduled for March) and roundtable workshops with Chamber members ■ Individual meeting with nearby property owners ■ Communitywide survey on the city's website (Downtown Planning) ■ Presentations and discussions with the Arts and Planning Commissions ■ Pop-up events, such as tabling at the Transit Center (February/March) and attending the Farmers Market (May/June) (3-4 events) The community input would be balanced with the market analysis to develop the optimal uses and densities for the property. The Master Plan would be presented to the City Council by the end of 2022. Mayor's Recommendation: The Mayor recommends issuing the Request for Proposals to develop a Master Plan for the TC-3 property. Rev. 7/18 COUNCIL MEETING DATE: 2/15/2022 ITEM #: 7c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MONETARY RETENTION INCENTIVE FOR CITY EMPLOYEES POLICY QUESTION: Should the council approve a monetary retention incentive for city employees in 2022 and 2023? COMMITTEE: PRHS&PS Committee MEETING DATE: 2/8/2022 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Andy J. Hwang, Chief of Police DEPT: Police Attachments: 1. Staff Report 2. Monetary retention incentive for city employees Options Considered: 1. Approve the proposed monetary retention incentive for all city employees in 2022 and 2023. 2. Approve the proposed retention incentive for police department employees in 2022 and 2023. 3. Do not approve the proposed incentive and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1: Approve a monetary retention incentive for all city employees for 2022 and 2023. MAYOR APPROVAL: DIRECTOR APPROVAL: f 2 Z ❑mn ce Vol it IniEial ata initia /Date Initia t.1te COMMITTEE RECOMMENDATION: I move to forward the proposed monetary retention incentive plan to the February 15, 2022 c6w5ertt agenda for approval. C: V%A C Qr�f- I L Ir'J�si 5 Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approving the proposed monetary retention incentive for city employees for 2022 and 2023. " (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 CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 20, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Monetary retention incentive for City of Federal Way employees Financial Impacts: The problems this proposal seeks to alleviate are related to the COVID pandemic; therefore, we recommend using ARPA funds. The cost of this proposal for recommendation 41 (all city employees) is $773,410 per year. The cost of this proposal for recommendation #2 (police department only) is projected to be $368,771 per year. There are three alternatives to ARPA: expense savings, additional revenue, or general fund reserves. With the unbudgeted items, projects, and initiatives already committed this year, all the known expense savings and additional revenues are spoken for. After year-end auditing is finished, there may be a possibility that the city ends up with savings from 2021, but it is premature at the moment to know. Another option is 2022 is paid with ARPA funds; and 2023's incentive could theoretically be incorporated proactively into the 2023-24 budget. Background Information: Members of City Council recently expressed interest in authorizing retention pay for Federal Way Police Department (FWPD) employees. The incentive is intended to recognize the 24/7/365 nature of FWPD operations, staffed by people who physically come to work throughout an enduring pandemic, which simultaneously coincides with a difficult socio-political time for law enforcement in the United States in general. Finding enough willing and qualified people to fill vacant positions in law enforcement is always difficult. That difficulty is doubly exacerbated by the external forces mentioned above. Since early to mid-2020, police and sheriff s departments throughout the country have struggled with recruiting and retention. The Puget Sound area is no exception. As Federal Way experiences these difficulties, the Council reaffirms public safety is the highest governmental concern. Hiring and training new police employees is labor intensive and expensive. The process of recruiting, background investigation, and professional testing for a police applicant often takes 2+ months. Entry-level police officers attend a 5+ month basic law enforcement academy. All officers, whether new academy graduates or experienced lateral officers, go through our 3+ month field training program. Each retained employee avoids the costly backfill associated with this lengthy evolution. Retaining highly trained and experienced employees is a significant financial advantage and benefit to the city. Recruiting competition among law enforcement agencies is more competitive than ever. Accordingly, advantages to keeping incumbent officers have multiplied. While hiring bonuses have become standard, some agencies are now offering retention incentives.) Recommendation #1: COVID has work -related impacts for all city employees. Retaining experienced employees in all departments has similar logistical and financial benefits to the city. To approve this "stay here" incentivize for all city employees (including police), the projected total cost is $773,410 for 2022. For both years the total cost is $1,546,820, plus the presently unknown wage increase differentials in 2023. We recommend implementing the incentive in this manner: For personnel employed on January 1, 2022, the City will pay a monetary retention incentive in the amount of 2.5% of the employee's base salary if the employee is still employed with no separation in service as of December 1, 2022. 2. For personnel employed on January 1, 2023, the City will pay a monetary retention incentive in the amount of 2.5% of the employee's base salary if the employee is still employed with no separation in service as of December 1, 2023. 3. In order for an employee to be eligible for the monetary incentive they must actually work (be present in the work place) for a minimum of 1,250 hours from January 1 to December 1 during the year being incentivized. 4. The monetary retention incentive is based solely on the employee's base salary and does not include overtime, specialty pay, or other compensation. 5. Applicable incentive pay will be paid to a qualifying employee in the last pay period of December of the qualifying year. Recommendation #2: Approve the retention incentive for police employees, using the guidelines described under recommendation #1. The first -year cost is projected to be $368,771. (Commissioned police officers: $321,946. Civilian staff. $46,825.) The two-year cost is $737,542, plus wage increase differentials in 2023. 1 The City of Everett is one recent example. Effective for 2022, Everett's retention incentive is for commissioned police officers, parking enforcement officers, property room specialists, and records specialists. 2 COUNCIL MEETING DATE: February 15, 2022 ITEM #: 8 a _ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: Code Amendments: Public Transportation Facilities POLICY QUESTION: Should Title 19 of the Federal Way Revised Code be amended to allow Light Rail or Commuter Rail Transit Facilities as a permitted use within the Commercial Enterprise (CE) and City Center Core (CC-C) zones. ' COMMITTEE: LUTC MEETING DATE: 10/4/21 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution [] Other STAFF REPORT BY: Brian Davis, Community Development Director DEPT: Community Development Attachments: 1. Staff Report 2. Attachments (Exhibit 1 - Ordinance, Exhibit 2 - Map, Exhibit 3 — SEPA Comments, Exhibit 4 — Comment Response) Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A jo DIRECTOR APPROVAL: �U� " 2110122 Committee Cu cil Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: The LUTC recommended approval of the ordinance at the October 4, 2021 meeting. City and Sound Transit Staff identified changes that needed to be made before adoption. At the October 19, 2021 City Council meeting, the Council postponed the hearing and adoption to a future date. Staff will present the changes at the February 15, 2022 meeting. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (February IS, 2022): `1 move to forward the proposed ordinance to the March 1, 2022 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (March 1, 2022): "1 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onl)) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF Federal Way Centered on Opportunity Dabe: February 8, 2022 To: City Council From: Brian Davis, Director of Community Development Keith Niven, AICP, CEcD, Planning Manager James Rogers, Senior Planner Department of Community Development 33325 8`h Avenue South Federal Way, WA 98003-6325 253-835-2607 www. c i tyoffed era Way. com Jim Ferrell, Mayor Subject: Ordinance: Proposed Code Amendments: Public Transportation Facilities Files: 21-103529-UP, 21-103530-SE I. FINANCIAL IMPACTS There is no financial impact to the City for this code update. This is a non -project proposal. BACKGROUND Community Development is seeking to amend Title 19 of the Federal Way Revised Code. These proposed code amendments are to allow Light Rail or Commuter Rail Transit Facilities as a specified permitted use within the Commercial Enterprise (CE) and City Center Core (CC-C) zones. These facilities are currently allowed in these zones as Essential Public Facilities. This proposed change would allow the city to apply more specific controls through development regulations for that use, where currently they are allowed more broadly as essential public facilities. Specifically, the revised code would require that transit stations provide a minimum number of parking spaces for users of the facility. III. PROPOSED CODE AMENDMENTS Code Amendment 1— City Center Core — New Land Use Chart Allow the addition of "Light Rail or Commuter Rail Transit Facility" as a permitted use under a new code number 19.225.105 Public Transportation Facilities. (See Exhibit 1) Code Amendment 2 — Commercial Enterprise — New Land Use Chart Allow the addition of "Light Rail or Commuter Rail Transit Facility" as a permitted use under a new code number 19.240.135 Public Transportation Facilities. (See Exhibit 1) Code Amendment 3 — New Definition Add a new definition to 19.05.120 L definitions to read; "Light rail or commuter rail transit facility" means a structure or other improvement of a regional light rail or commuter rail transit system, which includes ventilation structures, traction power substations, utilities serving the regional transit system, transit stations and related passenger amenities, bus layover and inter -modal passenger transfer facilities, parking garages, park and rides, tunnel portals, storage track and support facilities, and transit station access facilities. Code Amendment 4 — New Definition Add a new definition to 19.05.200 T definitions to read; "Transit Station" means an off-street at -grade, under-, or above--street-level rail or light -rail, ferry terminal, bus hub, or bus transfer facility for stopping of transit vehicles to pick up and drop off passengers. A transit station usually has boarding/alighting platforms, waiting area(s), fare collection, information, and related facilities. Code Amendment 5 —Text Amendment Amend the text of 19.105.020 Essential Public Facilities to read: (1) Generally. The review and siting of essential public facilities shall conform to the following: (a) Class I facilities shall be reviewed under the 2Dningprovisions found in their respective zoning districts, as well as the special provisions outlined in subsection (2) of this section. Review of Class I facilities shall be under process IV, hearing examiner decision. (b) Class II facilities shall be reviewed under the zoning provisions and processes found in their respective zoning districts, unless they are found to be exempt under the Federal Fair Housing Act, in which case such exemption does not imply an exemption from applicable building or structural standards. IV. SEPA - Determination of Nonsignificance (DNS) The city's Responsible Official has determined that this non -project proposal does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). The required 60-day notice was posted with the Dept. of Commerce on August 25, 2021. SEPA documentation for this proposal can be found at https://does.eityoffederaLlway com/weblinlc/bi-owse.aspx?id=865525&dbid-0&repo—cityoffederalwaY. V. PUBLIC NOTICE AND PUBLIC COMMENT The proposed code amendments to development regulations and the text of Title 19 FWRC, is currently under public review in compliance with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC. Notice of DNS was posted in the Federal Way Mirror on Friday August 27, 2021 starting the 14-day public comment period, which ended on September 10, 2021. The 21-day appeal period ended on October 1, 2021. Comments were received from Sound Transit on September 10. 2021 (Exhibit 3). Staff has provided responses to those comments (Exhibit 4). Staff worked with Sound Transit to modify the text within the zone charts and come to mutual agreement. Public hearing regarding this proposal will be held February 15, 2022 at City Council, as allowed in 19.080.190(1) FWRC. Notice was posted at least 14 days in advance of the hearing date. Staff has made minor changes to the ordinance since it was originally posted, and since being reviewed by LUTC on October 4, 2021. Addendums to the original SEPA DNS documents were posted with the Department of Commerce on January 28, 2022. New public notice and comment periods are not required, per Department of Ecology guidance and WAC 197-11-600(4)(c). VI. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for development regulation amendments. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80.130. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. Staff Response — The proposed code amendment is consistent with the following goals and policies: NEG12 Promote land use patterns and transportation systems that minimize air pollution and greenhouse gas emissions. TP6.4 The City will continue to cooperate with regional and local transit providers to develop facilities that make transit a more attractive option. CCG9 Provide a balanced transportation network that accommodates public transportation, high occupancy vehicles, pedestrians, bicyclists, automobiles, and integrated parking. CCG15 Work with transit providers to develop a detailed HCT plan for the City Center. Identify facilities, services, and implementation measures needed to make transit a viable and attractive travel mode. Tailor the plan to meet local needs through rapid transit, express buses, and/or demand -responsive service. CCP29 Integrate the high capacity transit system with other transportation modes serving Federal Way and the region. CCP33 Encourage public and private parking structures (below or above ground) in lieu of surface parking. As redevelopment occurs and surface parking becomes increasingly constrained, consider a public/private partnership to develop structured parking in the downtown commercial area. CCP34 Encourage the provision of structured parking. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. Staff Response — The proposed code amendments bear a substantial relationship to public welfare as it will ensure that the parking demand generated by the transit stations do not adversely impact nearby properties. 3. The proposed amendment is in the best interest of the residents of the city. Staff Response —The proposed code amendments are in the best interest of the city as a whole because it codifies current city practices, addresses emerging land use issues, and increases code clarity, simplicity, and efficiency of the development review process. VI I. RECOMMENDATION The Mayor recommends adopting the proposed ordinance for minor amendments to Title 19, Title of the Federal Way Revised Code (FWRC) as shown above and in Exhibit 1. List of Exhibits Exhibit 1 Ordinance Exhibit 2 Vicinity Map Exhibit 3 SEPA Comment Letter Exhibit 4 City Response to Comments ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Public Transportation Facilities; amending FWRC 19.05.120, 19.05.200, and 19.105.020; and adding new sections to Chapters 19.225 and 19.240 FWRC. (Amending Ordinance Nos. 17-834, 15-804, 09-630, 09-610, 09-593, and 97-295) WHEREAS, the City of Federal Way ("City") recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt a new permitted land use for the City Center Core (CC-C) and Commercial Enterprise (CE) zones and establish development regulations for Light Rail or Commuter Rail Transit Facilities within the City; and WHEREAS, the Central Puget Sound Regional Transit Authority ("Sound Transit") is proceeding to implement their Sound Transit 3 ("STY") light rail system expansion, with two light rail stations planned within the City; and WHEREAS, the Federal Way Link Extension ("FWLE") portion of ST3 is currently under construction, with a new light rail station being built at the Federal Way Transit Center ("FWTC") in the CC-C zone; and Ordinance No. 22- Page I of 17 Rev 1/21 LU WHEREAS, the planned parking facility expansion, designed to accommodate the new added demand from light rail users at the FWTC, has not yet been constructed; and WHEREAS, the Tacoma Dome Link Extension ("TDLE") is currently in the planning phase; and WHEREAS, a preferred alternative route alignment and station location has been identified by Sound Transit in the CE zone in South Federal Way; and WHEREAS, the demand for parking for transit -related parking proximate to the new stations will occur as soon as the stations are in operation; and WHEREAS, there are no public parking facilities available to accommodate the parking demand created by the transit stations; and WHEREAS, the proposed use is already generally allowed in the City as an essential public facility; and WHEREAS, the City's comprehensive plan vision, goals and policies strive to ensure transit station areas develop into efficient transportation centers that serve all travel modes, including cars; and WHEREAS, adding Light Rail or Commuter Rail Transit Facilities to the City's development regulations will help ensure that stations are developed in a complete and functional manner, not piecemeal; and WHEREAS, the City's measurement of transit level of service ("LOS") considers the provision of adequate parking at transit stations to be necessary in order to meet minimum LOS standards; and Ordinance No. 22- Page 2 of 17 Rev 1/21 LU WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the Proposal on August 27, 2021, and no appeals were received and the DNS was finalized on October 1, 2021; and WHEREAS, an Addendum To Environmental Determination of Nonsignificance ("DNS") was properly issued on February 1, 2022, to incorporate minor modifications to the zone charts for City Center Core (CC-C) and Commercial Enterprise (CE), and an added definition for Transit Station; and WHEREAS, the Planning Commission properly considered these code amendments on September 15, 2021, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use & Transportation Committee of the City Council considered these code amendments on October 4, 2021, and recommended adoption of the text amendments as recommended by the Planning Commission; and WHEREAS, the City Council properly conducted a duly noticed public hearing on these code amendments on February 15, 2022, and March 1, 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The above recitals are hereby restated and adopted as findings. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring that transit stations are developed in a complete and functional manner, become an amenity to the people they serve, and do not burden local businesses and communities. Ordinance No. 22- Page 3 of 17 Rev 1/21 LU (c) These code amendments comply with Chapter 36.70A RCW, the Growth Management Act. (d) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. FWRC. (f) These code amendments have followed the proper procedure required under the Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: NEG12 Promote land use patterns and transportation systems that minimize air pollution and greenhouse gas emissions. TP6.4 The City will continue to cooperate with regional and local transit providers to develop facilities that make transit a more attractive option. CCG9 Provide a balanced transportation network that accommodates public transportation, high occupancy vehicles, pedestrians, bicyclists, automobiles, and integrated parking. CCG15 Work with transit providers to develop a detailed HCT plan for the City Center. Identify facilities, services, and implementation measures needed to make transit a viable and attractive travel mode. Tailor the plan to meet local needs through rapid transit, express buses, and/or demand -responsive service. Ordinance No. 22- Page 4 of 17 Rev 1/21 LU CCP29 Integrate the high capacity transit system with other transportation modes serving Federal Way and the region. CCP33 Encourage public and private parking structures (below or above ground) in lieu of surface parking. As redevelopment occurs and surface parking becomes increasingly constrained, consider a public/private partnership to develop structured parking in the downtown commercial area. CCP34 Encourage the provision of structured parking. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it will ensure that transit stations are developed as complete and effective public facilities, with a greater ability to provide the public with a faster, safer, and cleaner mode of transportation, while reducing congestion on the public roadways. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it helps to ensure that transit stations are developed in a complete and functional manner, becoming a multi -modal amenity to the people they serve. Section 3. FWRC 19.05.120 is hereby amended to read as follows: 19.05.120 L definitions. "Land division " means any process by which individual lots, parcels, or tracts are created for the purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development. "Landscaping" means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. "Landward" means toward dry land. Ordinance No. 22- Page S of 17 Rev 1/21 LU "Legal nonconformance " means those uses, developments, or lots that complied with the zoning regulations at the time the use, development, or lot was created or established, but do not conform with current zoning regulations. This definition shall be applied to legal nonconforming lots, uses, and developments as defined in this chapter. "Light rail or commuter rail transit facility" means a structure or other improvement of a regional light rail or commuter rail transit system, which includes ventilation structures, traction power substations, utilities serving the regional transit system, transit stations and related passenger amenities bus layover and inter-modalpassenger transfer facilities, parking_garages- park and rides, tunnel portals, storage track and support facilities, and transit station access facilities. "Linear frontage of subject property" means the frontage of the subject property adjacent to all open, improved rights -of -way other than Interstate 5. If the subject property is not adjacent to an open, improved right-of-way, "linear frontage" means the frontage of the subject property on any public access easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights -of -way. "Lobby" means a central hall, foyer, or waiting room at the entrance to a building. "Lot" means a parcel of land, of sufficient area to meet minimum zoning requirements, having fixed boundaries described by reference to a recorded plat, to a recorded binding site plan, to metes and bounds, or to section, township and range. "Lot area" means the minimum lot area per dwelling unit based on the underlying zone. For single-family lots, the area of a vehicular access easement, private tract, flagpole, or access panhandle shall not be credited in calculation of minimum lot area. Ordinance No. 22- Page 6 of 17 Rev 1 /21 LU "Low density use" means a detached dwelling unit on a subject property that contains at least five acres. "Low density zone " means the following zones: SE and comparable zones in other jurisdictions. "Low impact development (LID) " means a stormwater management strategy that emphasizes conservation and use of existing features integrated with distributed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings. Section 4. FWRC 19.05.200 is hereby amended to read as follows: 19.05.200 T definitions. "Temporary personal wireless service facility" means a personal wireless service facility which is to be placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a permanent foundation. "Tenant improvement" means any work, improvement or remodeling completely within the interior of a building necessary to meet the varied requirements of continuing or succeeding tenants. "Threshold determination" means the decision by the responsible official (the community development services director) whether or not an environmental impact statement (EIS) is required for projects that are not categorically exempt under the State Environmental Policy Act (SEPA). "Topping" means a pruning cut to the main stem of a mature tree. Such cuts can result in serious decay and/or forcing out growth of weakly attached upright sprouts below the cut. Topping also results in permanent alteration of tree architecture. For purposes of this chapter, topping shall be treated the same as tree removal. Ordinance No. 22- Page 7 of 17 Rev 1 /21 LU "Topsoil" means the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation. "Townhouse " means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. See definition of "dwelling unit, townhouse." "Trade school" means a post -secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics; construction trades such as carpentry, HVAC, and wiring; electronics repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending. "Traffic control devices " means signs, signals, stripes and other mechanical or graphic items which control the flow, direction or speed of vehicular and pedestrian traffic. "Transit Station" means an off-street at -grade, under-, or above -street -level rail or light -rail, feiTy terminal. bus hub or bus transfer facility for stopping of transit vehicles to pick up and drop off passengers. A transit station usually has boarding/aiiglxting_glatforms, waiting areaLs), fare collection information and related facilities. "Transparent glass" means windows that are transparent enough to permit a reasonable level of visibility of the activities within a building from nearby streets, sidewalks and public spaces. "Tree " means any self-supporting perennial woody plant characterized by one main stem or trunk of at least six inches in diameter measured four and one-half feet above ground, or a multi - stemmed trunk system with a definite crown, maturing at a height of a least 20 feet above ground level. Ordinance No. 22- Page 8 of 17 Rev 1/21 LU "Tree unit" is a measurement to give value to the number of trees retained on a site. Table 19.120.130-2 assigns tree unit credits based upon the size of the existing or newly planted trees. For new trees, tree units vary depending on the size that the trees will reach at maturity (smaller size at maturity, fewer tree unit credits). "Trees, deciduous" means trees that shed or lose their foliage at the end of the growing season. "Trees, evergreen " means trees that retain their leaves for more than one growing season. Section 5. FWRC 19.105.020 is hereby amended to read as follows: 19.105.020 Essential public facilities. (1) Generally. The review and siting of essential public facilities shall conform to the following: (a) Class I facilities shall be reviewed under the zoning provisions found in their respective zoning districts. as well as the special provisions outlined in subsection (2) of this section. Review of Class I facilities shall be under process IV. hearing examiner decision • !�r� eerr_�� .�rl.Ya•�.�.�.�s�+...1�Y.)�WSY\.�rl�ILRR.�IL'11�1L'1�v)�l S��I+YI�l �ItY��ii. LY.��V�lraYi'.�fYLR+J [.�l (b) Class II facilities shall be reviewed under the zoning provisions and processes found in their respective zoning districts, unless they are found to be exempt under the Federal Fair Housing Act, in which case such exemption does not imply an exemption from applicable building or structural standards. (2) Site evaluation criteria. The following criteria will be utilized in evaluating siting proposals made by sponsoring agencies or organizations seeking to site Class I essential public facility in Federal Way. These criteria encompass an evaluation of regional and/or local need and local site suitability for the proposed facility. Findings concerning the proposal's conformance with each criteria shall be included in the documentation of any city decision relative to the project. Ordinance No. 22- Page 9 of 17 Rev 1/21 LU (a) Demonstration of need. Project must establish the need for their proposed facility. Included in the analysis of need should be the projected service population, an inventory of existing and planned comparable facilities, and an assessment of demand for this type of essential public facility. (b) Relationship of service area to population. The facility should service a share of Federal Way's population within the city. The proposed site should also be in a location that reasonably serves its over-all service area population. (c) Minimum site requirements. Project sponsors shall submit documentation showing the minimum site requirement needs for the facility. Site requirements may be determined by any or all of the following parameters: Minimum size of the facility, access, necessary on -site support facilities, topography, geology and soils and mitigation requirements. The sponsor shall also identify any future expansions of the facility. (d)Alternative site selection. The sponsor shall document whether any alternative site have been identified that meet the minimum site requirements of the facility. Where a proposal involves expansion of an existing site, the documentation should indicate why relocation of the facility to another site would be infeasible. (e) Concentration of essential public facilities. In considering a proposal, the city shall examine the overall concentration of these facilities within the city to avoid placing undue burden on any one neighborhood. (f) Public participation. Sponsors shall conduct local outreach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings. Ordinance No. 22- Page 10 of 17 Rev 1/21 LU (g) Proposed impact mitigation. The proposal must include adequate and appropriate mitigation measures for the impacted area and neighborhood. Mitigation measures may include, but are not limited to, natural features that may serve as buffers, other site design elements used in the development plan, and/or operational or other programmatic measures contained in the proposal. The proposed measures should be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment. Section 6. Chapter 19.225 Sections is hereby amended to read as follows: Chapter 19.225 CITY CENTER CORE (CC-C)1 Sections: 19.225.010 Office use. 19.225.015 Breweries, distilleries, and wineries. 19.225.020 Retail use. 19.225.030 Retail shopping center, regional. 19.225.040 Entertainment. 19.225.050 Hotel, convention or trade centers. 19.225.060 Parking garages. 19.225.070 Multifamily dwelling units, senior citizen, or special needs housing. 19.225.080 Hospital — Convalescent centers — Nursing homes. 19.225.090 Schools — Day care facilities, commercial. 19.225.100 Government facility, public parks, public transit shelter. 19.225.105 Public transportation facilities. 19.225.110 Public utility. 19.225.120 Personal wireless service facility. 19.225.130 Churches. 19.225.140 Urban agriculture. Section 7. Chapter 19.225 of the Federal Way Revised Code is hereby amended to add a new section 19.225.105 to read as follows: 19.225.105 Public transportation facilities. Ordinance No. 22- Page 11 of 17 Rev 1/21 LU The following uses shall be permitted in the commercial enterprise (CE) zone subject to the reaulations and notes set forth in. this section: USE ZONE CHART DIRECTIONS: FIR. T read down to find use. THEN cross for REGULATIONS v� z d U C7 W USE y � O > "' Minimums o x £ E �' 7 � C4� a ZONE CC-C SPECIAL REGULATIONS AND NOTES Required Yards L` : Light Rail Process IV See None 75 ft. above average 500 Spaces for light I. If approved by the dine a heipjIt of a olucturp may exceed 75 11_ or Commuter Rail Transit Facility 0 ft. 0 ft. 07 ft. rail or commuter rail facilities with transit above avers c building elevation B ' if the increased height is note 17. necessary to accommodate the slruc:lural, equigtnonL_or pp rational needs Except 20 ft. along Single- Family residential zones bijilding nithe use.. 2. Build'sne height may not exceed 75 ft AABE whets Ioeoted within 100 gLev4tjqn stations. See notes [:AABE) Sce notes I and 2 13. A 15, 16, and ft le- am'ly residential zone. 3. The pin osed deyglo2ment wi I I he e nsistent with the ads ted 17. comprehensive 1p�ga polidu for this zone, 4. Minor and supportine structures g is.5tRi functions requirement of a facility may be aliuwcd at the same height as the primary structure. provided the Director of Cornmunityelppmenl Services determines that the facility and any related supporting StTUC1ur++ will not signiNcyntly ins ct ad'ac nt properties. 5. The sub e designed so ihat truck parking, Ioadin and maneuvering areas: areas where ttoise_ generating outdoor uses and activities may occur: and von is and similar(gatures arelt1cated as far as ossibl�y residential zone, conforming residential us4 oj natural systems. 6. The strcots. utiiitirs_ and o her infra tructure in the area must be adequate to support the proposed development. 7. No maximum lot coverage applies. lrls3end Ilte lruildkble areawill be determined by other site deyeIoptn tit regulaiJons_J.-,- rcQui d yards. labdscapingxsurface water facilities, etc. $. For rcgulaiionS_pe a1 !ne to outdoor use, actin ty and storage. refer l0 FWRC 19.125.170. 9. For community dofen gulde- lincs that appjy to t]te�ro�ec�_sce_Chapter 19.115 FWRC. L. For landscaping requirements that apply to the VtroiecL see Ch:Rter 19.125 FWRC. 11. For si gn requironiCn that app lv to the projmt see Chapter 19.1 40 FWRC. 12. For other provisions of this chanter-thWinay3�t�r1y _t_r� llle u ect nroncrly_ see Chanter 19.265 rWRC. 11 ,1,1 reduction to the minimum required parkin spaces may be allowed provided a transit station access and narking study is submitted as part ofof the developincnl appiication for City-ts5lmd1_ o inform any decisions re ;ardiog the reduction ofp 6ing, The W-M p dte study mainelude_ but is not limited to: the existing supply, utiIizatiar� and availabiIit ' i 1 y access ible on -street and off`street parkin ra ected chap ges to transit riden lii V, traffic yelricle tri R eneration and area harking availability likely to resWLfram_any interim or w Igmati�e station access and parking scenarios. The director may grant, after cgn.g3tifation with the City Traffic Enafnccr. A modification to the minimum number arkine spaces based upon the result of the transit station access and parking study and the approval criteria in FWRC 19.130.090(2). Ordinance No. 22- Page 12 of 17 Rev 1 /21 LU Chapter 19.55 FWRC, Chanter I9.60 FWIZC. Chapter I9.65 FWRC Chmiger 19.70 F WR ctNOV consistent with the finding orthe access and parking study gpd the aonroval criteria in FWRC 19.130.080(2). An apre meet shall_he executed betwcea the city and applicant, prior to issuance orbuildi�a permits_ to ensure station access and narking services arc provided 15. In general, surface parking shall not be_rermitied. Surface parking may be permitted irthe director determines that the nropowd soLFa parking achieves comprehensive plan and/or subarea plan goals and polictm arid' a Structured ar'i cannot adequately accommodate the provision of limited purpose parking such as ADA_p-4&-iti& R eo -s hort short term park -in g_spaces, and electric chamingstatians; nr b. The proposed location ofsurface parking is on land with low park or C. The pmeniial qxi,;tsfor the future conversion of the ra osed surface parking, incIudina park- ing provided jn acccrrd2mcs wiO_a l�_d parking pIan under Note 14, to structured parkin amp f sit- arientcd development_ public private partnership. or similar metes of redevelo mend die applicant and the City have executed an agreement specifKing the date when, or conditions under which. tho redevelopment occurs. 16. Parking required by this ohapter shpIl he no more than 800 r=t_frbm Parking agrecment ti idi anWter Dw= owner to utilize existing surplus pine and the transit facility. to satisfy a portion or all of the parking Forether inLai ntalian about parking aad parking areas_ see Chapter 19.130 EWRC. Fbr doting regarding rep{tired vards. see FWRC 19.125.160 et sex - Section 8. Chapter 19.240 Sections is hereby amended to read as follows: Chapter 19.240 CITY CENTER CORE (CC-C) f Ordinance No. 22- Page 13 of 17 Rev 1/21 LU Sections: 19.240.010 Manufacturing and production, general. 19.240.020 Warehouse — Distribution — Storage facilities — Truck stops — Automotive emissions testing facilities. 19.240.030 Commercial photography — Communications — Product testing — Industrial laundry facilities. 19.240.040 Hazardous waste treatment and storage — Chemical manufacturing — Gravel batch plant — Transfer station. 19.240.050 Vehicle, boat, equipment, and outdoor storage container sales, rental, service, repair — Self-service storage — Tow and taxi lots. 19.240.060 Retail — Bulk retail. 19.240.070 Retail, general and specialty — Manufacturing and production, limited. 19.240.080 Office uses. 19.240.090 Hotels — Motels. 19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels. 19.240.110 Entertainment — Generally. 19.240.115 Breweries, distilleries, and wineries. 19.240.120 Entertainment — Adult entertainment, activity, retail, or use (adult uses). 19.240.125 Public utility. 19.240.130 Government facilities, public parks, public transit shelter. 19.240.135 Public transportation facilities. 19.240.140 Personal wireless service facilities. 19.240.160 Churches. 19.240.170 Urban agriculture. 19.240.180 Group homes. Section 9. Chapter 19.240 of the Federal Way Revised Code is hereby amended to add a new section 19.240.135 to read as follows: 19.240.135 Public transportation facilities. The followinia uses shall be permitted in the commercial ente rise CE zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST read down to find use , . THEN, across for RF..GIJi.ATION5 v) Minimums pRe uc� fired Yards o ZONE CE o USE a 3 N E ? __ SPECIAL REGULATIONS AND NOTES 1 651 Ordinance No. 22- Page 14 of 17 Rev 1 /21 LU t t Rail Process IV, See None 50 ft. above avert but, (dine 500 Spaces for ligln 1. Ifapproyed by director_ the height of astructtue may exceed 50 or Commuter Rail Transit Facility 0 it 0 0 Ft rail or commuter rail facilities with transit ft above average building elevation (AABE), if the increased height is note 17. necessary to accommodate the structural.. etc uipment_ or operational Evctpt ft. alone Single- Family residential needs of the use. 2. I3uiIding heightmAy not creeed 50 & AAf3E vNl}gn Iocamd within elevation stations. See notes (AABE) 13, 14, 15, 1 G_and_ 100 ft. of Stnale-family residential zone. 3. Thcprpnused development will be consistent with the adopted See notes 1 and 2 17. comprehensive clan policies for this zone. 4. Minorit uctur constructed as a functional zones reouirement of a facility may be allmvt the same 3tht as the primary structure, provided the Director oFCommunity 1]evc��ment 5gyices determines that the facility and any related supporting SEructuro wiI I not s i gni ficantlyim act ad'acent properti m 5. c s LLb 'e t p roj&M mal be designed so that truck arkina loading and maneuvering areas: areas wl S-=dqgr uses and activities may occur: and vents and similar features are locatad as far as pgs ible from any residential zone: contirmtingresidcntiai use, or natural systems. .6. The streets. utilities. aad_otlrer infrgupeture in the area must he adeguale to support -the pm osr< d vie gpment 7. No maximum lot coverage applies- Instead, the buildable area will be determined by other site development regulations, i.e., regwred yard landscaping, surface water facilities. etc. S. For regulations ncrtaining to outdoor use. activity and storage, refer to FWRC 19.125.170. 9. For eon7murtily design guidelines that apply to the praiect. see Chapter 19.115 FWRC, 10. For landscaping requirements that apply to the project, sohapte_r 19.125 FWRC. I I. Far irft requirements that apply to the proiecL see Chapter 19.14( FWRC. 12. For o v winns of di is chapter that n app I y to the subice property, see Chapter 19.265 FWRC, 13_ A reduction to the minimum required parkin spaces may b� allowed provided a transit station access and parking study is submitted as part of the development application for City -issued land use approval l0 infomt any dc- ions rep ard_in9 the r du 'on ofpark- in . The scope of the study may jn duck_ but is not limited to: the existingsupply_. utilization. and availability orpuhliply xcessible on -!street and off- street parking, proiected changes to transit ridership. traffie_(veehi ir,le trig generation), and area parking availability likely to result from any interim or_ait rngji a station access and parking scenarios. The director May a:ram afwr consultation with the City Traffic Engineer, a modification to the minim_urn number of parkingspaccs based upon the result of the transit station access and parking study and the_apprroyal criteria in FWRC 19.130.080i27. 14. Provision of parking may be phased consistent vvith a plta." park i ng pI I tid d analyzed in the transit station acom and narking study. The phased parking Wan must spccify the pereentaac of required transit parking access be accommodated_auk rime �f Certificate of Occupancy issuance for Lhe transit station. any appI le milestone years for provision of additional parking. and the frectu_eney ut wh ich panjoI ar I and use or Iransportation conditions will be evaluated ror potential updates to the phgged p_ k-ing plan. The _ph set parking plan tnust be consistent wi0i the fin_ in Ys_of-Lb e access and R rkir�g study and the approval criteria in FWRC 19.130MW2). An agreement shall he exam between the city and applicant_ nrior to issuance of bujldipgpermitS_ to ensure station access and narking services are provided consistent with the phased park- utgplan . 1J... In general_ surface parking shall not be permitted. Surface 0ipg play be pemtitted if the director determines that the proposed surface_ ark ing achigmn reliensive plan an or subarea tan goals and policies, and: a. Structured parking eattrLt adequately accomm date the proyis"son of Iimited purpose parkin such as ADA parkin spocc5. short term park inspaces. and electric charging stations: or Ordinance No. 22- Page 15 of 17 Rev 1/21 LU tuacrsi I.11. Ill and I are described in Chapter I9.55 FWRC_ Chapter 19.60 FWRC. Ch iiatuj 9.70s me h-el . L T7ic proposed location of surface parking is on land with low redevelopment notential_ suds as under a railway, where structured padd,flg Avt}old be impractical nr C. The potential exists _for _the Nturccpnvgrsion eflhe T3roposed surface parking. incIuding narkingpMi-dcd to accordmcc with_a phased park- ina pi an under Nate 14, to structured parking as pa_rtr transit -oriented develapmenLpubIic private partnership, or similar 116, Parking required by this chapter shall be no mop; than 80fl fcet_fr4m_ e e r t T'he distance shall h measure alone a magi grant a modification to the maximum distance between parking required and the prapased transit station based on consideraticn oCltatiY pedestrian weather protection_ crosswalk improvements Iishting. stree! trees, sidewalk width. and wayfi�tlg are able to facilitate seamless access integration, ae well as iile_apprpval criteraaof I-WRC 19.130.090. Notwithstanding the foregoing the applicant may enter into a shared parking agreement with another property owner to utilir� existing surpltts parking on properties located within 800 feet of the vi ELL o where a d i rcct trap it link c.g, bus, shuttle_ etc_} wiII ba pruvidcd betwccttthe png�d trans it fag i I ' -,,atis fy a portian approval miteria of FWRC 19.130.I20. 5hued-pwkiag is not sul,jec4ta the requirements of Note 15, 17. Project will be reviewed as a Class I Essential Public Facility refer For 01Nr. in£nrMotion about an rkina and narking arm,lac Clsnnsep 19.130 FWRC. Fnr details of what may exceed this height limit. see FWRC. I9.119-4j9 sL= Section 10. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 11. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Ordinance No. 22- Page 16 of 17 Rev 1 /21 LU Section 12. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 13. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of March, 2022. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 22- Page 17 of 17 Rev 1/21 LU EXHIBIT z Exhibit 2 304th• St -- �" 1 a � !LI 312th St -- I CO --.i�; S 3'12th St 1 St S 326th Sf F S 324th St Cal • Dr S 348th St �I 4 T' MY YA A. Zoning CCU on or _ CE Federal Way Tpm nap Is zoo mmeg bp' ND wanmues, x # s slrVy a TaphC Gmw- VSOUNDTRANSIT September 10, 2021 James Rogers Senior Planner City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 EXHIBIT 3 Subject: Public Transport Facilities Code Amendment SEPA DNS Comments (City File No. 21-103530-SE) Dear Mr. Rogers: Sound Transit has reviewed the SEPA Determination of Non -Significance (DNS) and Environmental Checklist for the proposed code amendment to allow public transportation facilities in the City Center Core (CC-C) and Commercial Enterprise (CE) zones and associated parking requirements. As you know, project alternatives for Sound Transit's Tacoma Dome Link Extension (IDLE) and Operations and Maintenance Facility South (OMF South) are currently under consideration in their respective Draft Environmental Impact Statements (DEIS) for each project. Portions of the project alternatives are located in the CC-C and CE zones. Additionally, while portions of the Federal Way Link Extension (FWLE) under construction are located in these zones, the project is vested to existing codes for 10 years from the execution of the Development Agreement (City of Federal Way Ordinance No. 19-869/Sound Transit Board Motion No. M2019-65). As such, the SEPA DNS and Environmental Checklist has not been reviewed for potential implications for the FWLE project. Sound Transit provides the following initial comments for consideration based on our review of the SEPA DNS and Environmental Checklist materials: • Sound Transit supports the collaborative and proactive effort to streamline permitting by specifying "light rail or commuter rail transit facility" uses as permitted uses in the CC-C and CE zones and clarifying what development standards are applicable to such uses. • Would all portions of the TDLE and/or OMF South project in the CC-C and CE zones be affected by the proposed code amendment? • Would portions of the TDLE and/or OMF South project outside of the CC-C and CE zones be affected at all by the proposed code amendment? • The proposed definition of "light rail or commuter rail transit facility" is comprehensive. To avoid confusion over applicability of the proposed Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org CHAIR Kent Keel _ UniversityPlaceCouncibnember VICE CHAIRS Dow Constantine King County Executive Paul Roberts Everett Councihneinber BOARD MEMBERS Nancy Backus Auburn Mayor David Baker Kenmore Mayor Claudia Balducci King Counly Council Chair Bruce Dammeier Pierce County Exeeulive Jenny Durkan Seattle Mayor Debora Juarez Seattle Councibnember Joe McDermott King County Council Vice Chair Roger Millar Washington Slate Secretary ofTransPortation Ed Prince Renton Councilmember Kim Roscoe Fife Mayor: Nicola Smith Lynnwood Mayor Dave Somers Snohomish County A'xeculive Dave Upthegrove King County C•ouncilmember Peter von Reichbauer King County Councibnember Victoria Woodards Tacoma Mayor CHIEF EXECUTIVE OFFICER Peter M. Rogoff development standards in the Use Zone Chart, we suggest clarifying that the minimum parking requirements apply only to those transit facilities open to the public and serving transit patrons. • On August 5, 2021, the Sound Transit Board of Directors took action to realign the capital expansion program with a plan that allows the agency to manage the $6.5 billion affordability gap while working to deliver as much of the plan as soon as possible. Part of this action was to delay the delivery and opening of Sound Transit parking projects in the region, including the TDLE South Federal Way Station parking improvements to 2038. The action also included identifying opportunities to deliver flexible, innovative, and affordable ways for people to access transit stations. The impacts of deferred parking and associated mitigation measures will be evaluated in the TDLE DEIS. Is the intent that the standard for minimum 500 parking spaces "generally structured"/maximum 10% surface parking in the proposed code amendment be met on station opening day of service? If so, this will be in conflict with the Board of Director's August 5th action and could impede overall timely project delivery. • The proposed Federal Way Revised Code (FWRC) Sections 19.225.105 Note 13 and 19.240.135 Note 13 address the potential for parking reductions from the minimum 500 parking spaces for "light rail..." How will the proposed code amendment affect, if at all, the processes available for evaluating potential deviations related to timing (phasing of parking), type of parking (structured vs. surface), and footprint of parking (variable per circulation needs, TOD integration opportunities, etc.)? We note that the SEPA Environmental Checklist in most cases states that this amendment is a non -project action and that specific impacts will be evaluated at the project level. However, there are some exceptions within some elements (e.g. regarding structure removal and displacement of people), and we wonder if this is intentional and the reason a distinction is made. We appreciate the opportunity to comment on the SEPA DNS and Environmental Checklist and look forward to learning more about the proposed code amendment and to future collaboration on permit streamlining. Sound Transit staff will follow up with City staff in the near -term to continue our coordination effort. Sincerely, Digitally signed by Karen �/ Kitsis Karen KitDate: 2021.09.1013:40:59 -07'00' Karen Kitsis Deputy Executive Director, Office of Capital Project Development cc: Brian Davis, Director of Community Development/SEPA Official, City of Federal Way Ryan Medlen, Sound Transit Liaison, City of Federal Way Elma Borbe, Senior Environmental Planner, Sound Transit Eric Chipps, Senior Transportation Planner, Sound Transit Kimberly Farley, Chief Systems Officer, Sound Transit Kent Hale, Deputy Director — Environmental Planning, Sound Transit Curvie Hawkins, Project Development Director — TDLE/OMF South, Sound Transit Chelsea Levy, HCT Development Director — South Corridor, Sound Transit Gwen McCullough, HCT Development Manager — OMF South, Sound Transit Perry Weinberg, Deputy Executive Director — Environmental Affairs & Sustainability, Sound Transit Gary Yao, Senior Current Planner, Sound Transit Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org EXHIBIT L� CITY OF Federal Way Centered on Oppartuni[y September 22, 2021 Karen Kitsis Deputy Executive Director Sound Transit: Office of Capital Project Development Central Puget Sound Regional Transit Authority Union Station 401 S. Jackson St., Seattle, WA 98104-2826 COMMUNITY DEVELOPMENT DEPARTMENT 33325 8ch Avenue South Federal Way, WA 98003-6325 253-835-7000 www.citvoftederalway.com Jim Ferrell, Mayor Subject: Public Transportation Facilities Code Amendment SEPA DNS Comments (File No. 21-103530-SE) Dear Mrs. Kitsis: Thank you for the comments dated September 10, 2021 provided on the city's SEPA Determination of Non -Significance (DNS) and the related Environmental Checklist for the proposed code amendments allowing public transportation facilities in the City Center Core (CC-C) and Commercial Enterprise (CE) zones. Allow the following to represent responses to those comments. • Sound Transit supports the collaborative and proactive effort to streamline permitting by specifying "light rail or commuter rail transit facility" uses as permitted uses in the CC-C and CE zones and clarifying what development standards are applicable to such uses. Response: Noted. • Would all portions of the TDLE and/or OMF South project in the CC-C and CE zones be affected by the proposed code amendment? Response: No, only those facilities that directly serve patrons of the transit system would be affected. Staff have included clarifying language in the proposed code to address this ambiguity. • Would portions of the TDLE and/or OMF South project outside of the CC-C and CE zones be affected at all by the proposed code amendment? Response: No. These proposed amendments are limited to station areas within the CC-C and CE zones. • The proposed definition of "light rail or commuter rail transit facility" is comprehensive. To avoid confusion over applicability of the proposed development standards in the Use Zone Chart, we suggest clarifying that the minimum parking requirements apply only to those transit facilities open to the public and serving transit patrons. Response: The City agrees with this comment and has included language to clam the intent that the new code language apply only to facilities serving transit patrons. • On August 5, 2021, the Sound Transit Board of Directors took action to realign the capital expansion program with a plan that allows the agency to manage the $6.5 billion affordability gap while working to deliver as much of the plan as soon as possible. Part of this action was to delay the delivery and opening of Sound Transit parking projects in the region, including the TDLE South Federal Way Station parking improvements to 2038. The action also included identifying opportunities to deliver flexible, innovative, and affordable ways for people to access transit stations. The impacts of deferred parking and associated mitigation measures will be evaluated in the TDLE DEIS. Is the intent that the standard for minimum 500 parking spaces "generally structured"/maximum 10% surface parking in the proposed code amendment be met on station opening day of service? If so, this will be in conflict with the Board of Director's August Sth action and could impede overall timely project delivery. Response: The proposed code language does not identify provisions for phasing. The intent of the proposed code is that any transit station serving the public have sufficient parking to serve those patrons upon start of service. There are provisions within the code to allow a proposal for a reduction in the required amount of parking; or, by providing the equivalent parking through other means. This is to avoid negative externalities to the surrounding properties. The proposed Federal Way Revised Code (FWRC) Sections 19.225.105 Note 13 and 19.240.135 Note 13 address the potential for parking reductions from the minimum 500 parking spaces for "light rail..." How will the proposed code amendment affect, if at all, the processes available for evaluating potential deviations related to timing (phasing of parking), type of parking (structured vs. surface), and footprint of parking (variable per circulation needs, TOD integration opportunities, etc.)? Response: The timing or phasing, type and footprint ofparking, would be evaluated with each project proposal during the typical city permitting process, and/or as more specifically agreed upon as part of a development agreement. ■ We note that the SEPA Environmental Checklist in most cases states that this amendment is a non -project action and that specific impacts will be evaluated at the project level. However, there are some exceptions within some elements (e.g. regarding structure removal and displacement of people), and we wonder if this is intentional and the reason a distinction is made. We are simply acknowledging the possibility that with any project there may be the need to remove existing homes or structures, and the possibility of displacing anyone who may reside there. I hope you find these responses helpful. If you would like to discuss them further; or, if you have additional questions, please do not hesitate to let me know. Sincerely, James Rogers Senior Planner Cc (sent via email): Brian Davis, Director of Community Development/SEPA Official, City of Federal Way Ryan Medlen, Sound Transit Liaison, City of Federal Way Ehna Borbe, Senior Environmental Planner, Sound Transit Eric Chipps, Senior Transportation Planner, Sound Transit Kimberly Farley, Chief Systems Officer, Sound Transit Kent Hale, Deputy Director — Environmental Planning, Sound Transit Curvie Hawkins, Project Development Director — TDLE/OMF South, Sound Transit Chelsea Levy, HCT Development Director — South Corridor, Sound Transit Gwen McCullough, HCT Development Manager — OMF South, Sound Transit Perry Weinberg, Deputy Executive Director — Environmental