05-02-2022 LUTC Packet - RegularCity of Federal Way
City Council
Land Use & Transportation Committee
May 2, 2022 City Hall
5:00 P.M. Zoom Meeting
Notice: 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:
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comments via zoom here
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT
3. COMMITTEE BUSINESS
Topic Title/Description
A. Approval of Minutes April 4, 2021
B. CTR Program Agreement - King County
C. CTR Program Agreement - SeaTac
D. Authorization to Apply for King County Flood
Reduction Grant
E. S Dash Pt Rd Sidewalk Improvements — Project
Acceptance
F. RESOLUTION: Setting a Public Hearing Date
for the 2023-28 Transportation Improvement
Plan
G. Amending Neighborhood Traffic Safety
Program Policy
H. Award On -Call Guard Rail and Concrete Barrier
Services Contract
I. ORDINANCE: Sidewalk Repair, Construction,
and/or Reconstruction and Assessments
Presenter(s)
Page
Action
or Info
Council Date
2
N/A
Avery
5
Action
5/17/22
Consent
Avery
18
Action
5/17/22
Consent
Smith
32
Action
5/17/22
Consent
Mullen
34
Action
5/17/22
Consent
Perez
36
Action
5/17/22
Consent
Perez
40
Info Only
N/A
Winkler 42 Action 5/17/22
Consent
Winkler 45 Action 5/17/22
Ordinance
Committee Members
Jack Dovey, Chair
Jack Walsh, Member
Hoang Tran, Member
City Staff
EJ Walsh, PE,, Public Works Director
Sara Gilchrist Administrative Assistant H
(253) 835-2700
City of Federal Way
City Council
Land Use & Transportation Committee
May 2, 2022 City Hall
5:00 P.M. Zoom Meeting
J. ORDINANCE: Amendment to New Cingular
Winkler
52 Action
5/17/22
Wireless PCS, LLC Franchise Ordinance
Ordinance
K. Puget Sound Energy Commercial Electrical
Winkler
65 Action
5/17/22
Facilities Contract for Traffic Signals
Consent
L. Project Update on Sound Transit
Medlen
67 Info Only
N/A
M. Report on Shopping Cart Program
Sproul
69 Info Only
N/A
4. OTHER
5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC
meeting will be June 6, 2022 at 5:00 p.m.
6. ADJOURNMENT
Committee Members City Staff
Jack Dovey, Chair EJ Walsh, P.E., Public Works Director
Jack Walsh, Member Sara Gilchrist Administrative Assistant H
Hoang Tran, Member (253) 835-2700
City of Federal Way
City Council
Land Use & Transportation Committee
April 4, 2022 City Hall
5:00 P.M. Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Jack Dovey, Council Member Jack Walsh, and
Council Member Hoang Tran
Other Councilmembers in Attendance: Deputy Mayor Susan Honda, Council President Linda Kochmar,
Council Member Erica Norton, and Council Member Lydia Assefa-Dawson.
Staff in Attendance: Public Works Director El Walsh, Public Works Deputy Director Desiree Winkler,
City Traffic Engineer Rick Perez, Sound Transit Liaison Ryan Medlen, Planning Manager Keith Niven, City
Attorney Kent van Alstyne, and Administrative Assistant II Sara Gilchrist.
Citizens Presenting:
1. CALL TO ORDER: 5:02 PM
2. PUBLIC COMMENT: 3 public comments submitted
3. COMMITTEE BUSINESS:
Topic Title/Description
A. Approval of Minutes: March 7, 2022
Committee approved the March 7, 2022 LUTC minutes as presented.
+ Moved: Tran
+ Seconded: Walsh
■ Passed: 3-0 unanimously
B. SW 320th Street Preservation — Project Acceptance
Senior Capital Engineer John Mulkey presented the SW 320th St Preservation project for acceptance,
including a summary of the project work completed. Questions and discussion followed.
Committee forwarded Option #1 (Approve project acceptance.) to the April 19, 2022
Consent Agenda for approval.
■ Moved: Walsh
+ Seconded: Tran
■ Passed: 3-0 unanimously
Committee Members City Staff
Jack Dovey, Chair E7 Walsh, P.E., Public Works Director
Hoang V. Tran, Member Sara Gilchrist, Administrative Assistant II
Jack Walsh, Member (253) 835-2766
C. SW 356th Street Preservation — Project Acceptance
Senior Capital Engineer John Mulkey presented the SW 356th St Preservation project for acceptance,
including a summary of the project work completed. Questions and discussion followed.
Committee forwarded Option #1 (Approve project acceptance.) to the April 19, 2022
Consent Agenda for approval.
• Moved: Tran
• Seconded: Walsh
• Passed: 3-0 unanimously
D. Final Acceptance — Steel Lake Maintenance Building Repair
Public Works Deputy Director Desiree Winkler presented the Steel Lake Maintenance Building Repair for
final acceptance, including project costs. Questions and discussion followed.
Committee forwarded Option #1 (Approve project acceptance.) to the April 19, 2022
Consent Agenda for approval.
Moved: Tran
■ Seconded: Walsh
■ Passed: 3-0 unanimously
E. ORDINANCE: 2021 Various Code Amendments and Code Cleanup
Planning Manager Keith Niven presented various code amendment changes, including details into each
change. Questions and discussion followed.
Committee forwarded items 1, 4-9, 11 and 12 to the April 19, 2022 Consent Agenda for
approval. Committee moves to forward item 10 as amended orally to change the notice
requirement to zero. Committee moves to forward items 2 and 3 for discussion to the full
Council as part of the Ordinance.
■ Moved: Dovey
Seconded: Walsh
Passed: 3-0 unanimously
F. Project Update on Sound Transit Projects in Federal Way
Sound Transit Liaison Ryan Medlen reported on current activities regarding Sound Transit projects,
including details on upcoming work. Questions and discussion followed.
4. OTHER:
5. FUTURE MEETINGS/AGENDA ITEMS: Schedule a topic of discussion to cover items brought
forward by the public.
6. The next LUTC meeting will be held May 2, 2022 at 5:00 p.m. in City Hall Council Chambers
(or Zoom meeting, per State Guidance).
7. ADJOURNMENT: The meeting was adjourned at 07:15 p.m.
Attest:
Sara Gilchrist, Administrative Assistant II
Committee Members
Jack Dovey, Chair
Hoang V. Tran, Member
Jack Walsh, Member
Approved by Committee:
Date
City Staff
EJ Walsh, P.E., Public Works Director
Sara Gilchrist, Administrative Assistant II
(253) 835-2706
COUNCIL MEETING DATE: May 17, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: COMMUTE TRIP REDUCTION (CTR) PROGRAM AGREEMENT WITH KING COUNTY
POLICY QUESTION: Should the Council authorize the Mayor to enter into an agreement with King County for
Commute Trip Reduction (CTR) program implementation?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 2, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Anthony_Avery, Transportation Planner n �n DEPT: Public Works - Traffic
Attachments: 1. Memorandum to the Land Use and Transportation Committee dated March 18, 2022
2. Commute Trip Reduction Program Agreement between King County Metro Transit and
the City of Federal Way
Options Considered:
1. Authorize the Mayor to enter into an agreement with King County Metro in the amount
of $8,667.00 for Commute Trip Reduction implementation services provided between July
1, 2021 and December 31, 2021.
2. Do not approved proposed agreement and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1_
MAYOR APPROVAL:
Initial/Date
DIRECTOR APPROVAL:
1W.12—
COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the May 17, 2022, consent agenda
for approval.
Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION:
said agreement. "
"I move to approve the the proposed agreement, and authorize the Mayor to sign
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: March 18, 2022
TO: City Council
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Director of Public Workst__Z�
Ant�ho Avery, Transportation Planner
J
rYY J!
SUBJECT: Commute Trip Reduction (CTR) Program Agreement with King County
FINANCIAL IMPACTS:
The agreement with King County would be fully funded by the state technical assistance grant. For the July
1, 2021 through June 30, 2023 biennium, the City will receive $38,869.00 in technical assistance funding
from the State. The agreement with King County is estimated at $8,667.00.
BACKGROUND INFORMATION:
The Washington State's Commute Trip Reduction (CTR) Law requires the City to develop plans and
programs to reduce Single Occupant Vehicle and Vehicle Miles Traveled commuting trips. The law only
applies to major employers with one hundred (100) or more full-time employees scheduled who arrive at a
single worksite between 6:00 am to 9:00 am.
Over the last 20 years, the City has contracted with King County for their CTR support services to
implement the CTR program. The previous agreement with King County had expired, but King County
Metro continued to provide CTR services in accordance with previous contracts for the period between July
1, 2021 and December 31, 2021 while the city transitioned and hired an FTE to administer the city's CTR
program. The work to be performed under this agreement is described in the attached Exhibit A - Scope of
Work.
While the partnership has served the city well, effective January 1, 2022 King County has ceased to provide
CTR administrative functions and effectively transferred those previously conducted efforts to new city
staff for future administration.
cc: Project File
Day File
DocuSign Envelope ID: 830986F9-E467-41CB-A355-9938C7DCE9DB
COMMUTE TRIP REDUCTION PROGRAM AGREEMENT
between
King County Metro Transit Department
and
The City of Federal Way
This Commute Trip Reduction Program Agreement (the "Agreement") is entered into by and
between King County, a political subdivision of the State of Washington, through its Metro Transit
Department (the "County" or "Metro") and the City of Federal Way, a Washington municipal
corporation (the "City"), either of which entity may be referred to hereinafter individually as "Party"
or collectively as the "Parties," for the purpose of administering the City's commute trip reduction
("CTR") program consistent with the transportation demand management ("TDM") requirements of
the Washington Clean Air Act, Chap. 70A.15 RCW (the "Act").
WHEREAS, the purpose of RCW 70A.15.4000 through RCW 70A.15.4110 (formerly RCW
70.94.521 through RCW 70.94.555), which together comprise the TDM and CTR components of
the Act, is to reduce air pollution, traffic congestion and fuel consumption by encouraging
commuters to use alternative modes of transportation, such as buses, carpools, vanpools, bicycles,
and walking, instead of driving alone in single occupancy vehicles (" SOV"); and
WHEREAS, the Act requires local governments in those counties experiencing the greatest
automobile -related air pollution and traffic congestion to develop and implement CTR Plans to
reduce vehicle miles traveled per employee and drive alone commute trips; and
WHEREAS, the Act also requires major employers to develop, implement and promote employee
transportation programs to encourage their employees to shift away from drive alone commutes;
and
WHEREAS, the City has within its jurisdictional boundaries one or more "major employers" and
is required by RCW 70A.15.4020 (formerly RCW 70.94.527) to develop and implement a CTR
Plan; and
WHEREAS, the City can achieve cost efficiencies and administrative consistency by contracting
with the County for CTR program administration related work;
NOW THEREFORE, in consideration of the terms, conditions, mutual promises and covenants set
forth herein, the Parties agree as follows:
1. PURPOSE
The purpose of this Agreement is to establish the terms and conditions pursuant to which the
County will undertake certain tasks, as identified in the Scope of Work (" SOW"), to be undertaken
by the County on behalf of the City to administer the City's CTR program.
2021 Commute Trip Reduction Program Agreement
Between King County and the City of Federal Way
Page 1 of 11
DocuSign Envelope ID: 830986F9-E467-41CB-A355-9938C7DCE9DB
2. DEFINITIONS
The following definitions shall apply for purposes of this Agreement:
Administrative Representative means the primary administrative contact for issues related to this
Agreement as designated in Section 9.2 of the Agreement.
Commute Trip Reduction (CTR) Plan) means a plan adopted by the City designed to increase the
proportion of non -drive -alone commute trips ("NDAT") and reduce commute trip vehicle miles
traveled by employees.
Affected Employer means an employer required by RCW 70A.15.4000 (formerly RCW
70.94.521) and the City's CTR Plan to implement a CTR program (see also "Major Employer").
Commute Trip Reduction Program (CTR Program) means a program designed by an Affected
Employer to reduce the proportion of drive alone commute trips and vehicle miles traveled by its
employees.
CTR Funds means state funds appropriated by the state and allocated to counties and cities for
implementation of commute trip reduction plans.
Major Employer means a private or public employer that employs one hundred or more full-time
employees at a single worksite who are scheduled to begin their regular workday between 6:00 a.m.
and 9:00 a.m. on weekdays for at least twelve (12) continuous months during the year, as provided
in RCW 70A.15.4000 (formerly RCW 70.94.521) (herein also known as an "Affected Employer"),
State is the Washington State Department of Transportation (WSDOT) unless otherwise noted.
3. DUTIES AND RESPONSIBILITIES
3.1 Provision of CTR Services by the County. For the time period from July 1, 2021 to
December 31, 2021, Metro will perform the CTR services specified with particularity in the
Scope of Work (the "Work") set forth as Exhibit A, which is attached hereto and
incorporated herein by this reference, after which time period the County's responsibilities
for performance of the Work specified in Exhibit A will end and the County shall have no
further responsibility for performance of the Work.
3.2 Reimbursement of Costs by the City to the County. In accordance with the payment and
billing provisions set forth in Section 4 of this Agreement, the City will reimburse the
County for undertaking the Work pursuant to this Agreement.
2021 Commute Trip Reduction Program Agreement
Between King County and the City of Federal Way
Page 2 of 11
DocuSign Envelope ID: 830986F9-E467-41CB-A355-9938C7DCE9DB
4. PAYMENT AND BILLING
4.1 Payment. The City will reimburse the County for the full costs associated with the
County's performance of the Work pursuant to this Agreement.
4.2 Invoices and Payment Process. The City shall make quarterly payments to the County for
Work performed pursuant to this Agreement upon receipt of detailed billing invoices from
the County. The City shall make payment to the County within thirty (30) days of receipt of
a billing invoice from the County. The County shall submit invoices and a quarterly
progress report to the City per the following schedule of fixed payments:
CTR
Invoice Submitted
Payment
Fixed Payment
No Earlier Than
1' Payment
$4,333.50
September 30, 2021
2°d Payment
$4,333.50
December 31, 2021
Total
$8,667.00
The total contract amount shall not exceed $8,667.00.
4.3 Reimbursement of Pre -Termination Costs Incurred. In the event of termination
pursuant to the provisions of Section 7 (Termination) of this Agreement, the City shall
reimburse the County for all costs payable under this Agreement that have been incurred up
to and including the effective date of termination.
5. WORK SCHEDULE AND PROGRESS REVIEW
5.1 Progress Reviews. During the time period provided for in Subsection 3.1, the County shall
submit a quarterly report of progress and anticipated activities to the City in a format
prescribed by the City and in accordance with WSDOT guidelines. On -going, periodic
review of issues and materials will also be conducted with the City during the same time
period.
5.2 State Evaluation Requirements. At the request of the City, the County will provide
information to WSDOT for monitoring or evaluation activities.
6. EFFECTIVE DATE AND TERM OF AGREEMENT
This Agreement is effective from July 1, 2021 and will remain in effect through March 31, 2022,
unless the Parties agree to an extension using the modification procedure provided in Section 8
(Changes and Modifications) of this Agreement. As provided for in Subsection 3.1 of this
Agreement, the end date for purposes of the County performing substantive Work as described in
Exhibit A (Scope of Work) and for incurring costs is December 31, 2021.
2021 Commute Trip Reduction Program Agreement
Between King County and the City of Federal Way
Page 3 of 11
DocuSign Envelope ID: 830986F9-E467-41CB-A355-9938C7DCE9DB
7. TERMINATION
7.1 Termination for Default. Either Party may terminate this Agreement in the event the other
Party fails to perform a material obligation of this Agreement. Written notice of a Party's
intention to terminate this Agreement pursuant to this Subsection 7.1 shall be provided to
the other Party not less than fifteen (15) calendar days prior to the effective date of
termination.
7.2 Termination for Convenience. Either Party to this Agreement may terminate the
Agreement, in whole or in part, for convenience and without cause. Written notice of a
Party's intention to terminate this Agreement pursuant to this Subsection 7.2 shall be
provided to the other Party not less than thirty (30) days prior to the effective date of
termination.
7.3 County Funding and Termination for Non -Appropriation. Performance of any Work
undertaken by the County pursuant to this Agreement in advance of receiving
reimbursement by the City beyond the current appropriation year is conditioned upon the
appropriation by the County Council of sufficient funds to support the performance of the
work. Should such an appropriation not be approved, the Agreement shall terminate at the
close of the current appropriation year. The County is on a biennial budgeting cycle and the
appropriation year ends on December 31 of the last year of the biennium (even calendar
years).
7.4 Termination Due to Loss of State Funding. If at any time during the Agreement period
the State acts to terminate, reduce, modify, or withhold CTR Funds allotted to the City
pursuant to RCW 70A.15.4080 (formerly RCW 79.94.544) then either Party may terminate
this Agreement by giving thirty (30) days advance written notice to the other Party.
8. CHANGES AND MODIFICATIONS
Either Party may request changes to the provisions of this Agreement. Any such changes must be
mutually agreed upon and incorporated by written amendment to this Agreement. No variation or
alteration of the terms of this Agreement will be valid unless made in writing and signed by
authorized representatives of the Parties hereto.
9. NOTIFICATION AND IDENTIFICATION OF CONTACTS
9.1 Administrative Representatives. Both Parties shall designate an administrative
representative to act as the contact person for matters pertaining to this Agreement.
2021 Commute Trip Reduction Program Agreement
Between King County and the City of Federal Way
Page 4 of 11
DocuSign Envelope ID: 830986F9-E467-41CB-A355-9938C7DCE9DB
9.2 Contact Persons and Addresses.
For the County: Stacie Khalsa, Project Manager
King County Metro Transit
201 S. Jackson St., KSC-TR-0326
Seattle, WA 98104-2615
(206) 477-5868
stacie.khalsa@kingcounty.gov
For the City: Mr. Sarady Long, Senior Transportation Planning Engineer
City of Federal Way
33325 8th Avenue South
Federal Way, WA 98003
(253) 835-2743
Email address
9.3 Notice. Any notice or communication required or permitted to be given pursuant to this
Agreement shall be in writing and shall be sent postage prepaid by U.S. Mail, return receipt
requested, to the Parties' respective administrative representatives at the addresses identified
in Subsection 9.2 of this Agreement.
10. DISPUTE RESOLUTION PROCESS
The Parties, through their designated representatives identified in Subsection 9.2 of this
Agreement, shall use their best efforts to resolve any disputes pertaining to this Agreement that
may arise between the Parties. If these designated representatives are unable to resolve a
dispute, the responsible project managers of both Parties shall review the matter and attempt to
resolve it. If they are unable to resolve'the dispute, the matter shall be reviewed by the
department directors of both Parties or his or her designee. The Parties agree to exhaust each of
these procedural steps before seeking to resolve disputes in a court of law or any other forum.
11. AUDITING OF RECORDS, DOCUMENTS AND REPORTS
The State Auditor and any of its representatives shall have full access to and the right to examine
during normal business hours and as often as the State Auditor may deem necessary, all the records
of the City and the County with respect to all matters covered in this Agreement. Each Party to the
Agreement shall have similar access and rights with respect to the records of the other Party. Such
representatives shall be permitted to audit, examine, and make excerpts or transcripts from such
records and to make audits of all contracts, invoices, materials, payrolls, and records of matters
covered by this Agreement. The County shall require any subcontractors performing work on this
Agreement to grant the State, the State Auditor, and any of their representatives, comparable
audit rights as set forth in this Section. Such rights last for three (3) years from the date final
payment is made hereunder.
2021 Commute Trip Reduction Program Agreement
Between King County and the City of Federal Way
Page 5 of 11
DocuSign Envelope ID: 830986F9-E467-41CB-A355-9938C7DCE9DB
12. INDEMNIFICATION AND HOLD HARMLESS
12.1 To the maximum extent permitted by law, each Party shall defend, indemnify and hold
harmless the other Party and all of its officials, employees, principals and agents from all
claims, demands, suits, actions, and liability of any kind, including injuries to persons or
damages to property, which arise out of, are connected with, or are due to any negligent acts
or omissions of the indemnifying Party, its contractors, and/or officials, employees, agents,
or representatives in performing work under this Agreement; provided, however, that if (and
only if) the provisions of RCW 4.24.115 apply and any such damages and injuries to
persons or property are caused by or result from the concurrent negligence of the City or its
contractors, officials, employees, agents, or representatives, and the County or its
contractors, officials, employees, agents, or representatives, each Party's obligation
hereunder applies only to the extent of the negligence of such Party or its contractors,
officials, employees, agents, or representatives. Each Party specifically assumes potential
liability for actions brought by its own employees against the other Party and for that
purpose each Parry specifically waives, as to the other Party only and only to the extent
necessary to fulfill its obligations under this Agreement, any immunity under the Worker's
Compensation Act, RCW Title 51; and the Parties recognize that this waiver was the subject
of mutual negotiation and specifically entered into pursuant to the provisions of RCW
4.24.115, if applicable.
12.2 The City acknowledges it is solely responsible for its compliance with the Act, and for
the adoption, implementation, and enforcement of any City ordinances, plans, and
programs related to the Act. The City shall indemnify and hold the County harmless
from, and shall process and defend, at its own expense, any and all claims, demands, suits
at law or equity, actions, penalties, losses, damages, or costs arising out of, in connection
with, or incidental to any act or omission of the City or any of its officers, employees,
subcontractors or agents in adopting or enforcing any City ordinances, plans and
programs related to the Act.
12.4 In the event any Party incurs attorney's fees, costs or other legal expenses to enforce
provisions of this section against the other Parry, all such fees, costs, and expenses shall
be recoverable by the prevailing party.
13. LEGAL RELATIONS
13.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the
benefit of the Parties hereto and gives no right to any other person or entity.
13.2 No Partnership or Joint Venture. No joint venture, agent -principal relationship or
partnership is formed as a result of this Agreement. No employees or agents of one Party
or any of its contractors or subcontractors shall be deemed, or represent themselves to be,
employees or agents of the other Party.
2021 Commute Trip Reduction Program Agreement
Between King County and the City of Federal Way
Page 6 of 11
DocuSign Envelope ID: 830986F9-E467-41CB-A355-9938C7DCE9DB
13.3 Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
13.4 Jurisdiction and Venue. The King County Superior Court, situated in Seattle,
Washington, shall have exclusive jurisdiction and venue over any legal action arising
under this Agreement.
13.5 Mutual Negotiation and Construction. This Agreement and each of the terms and
provisions hereof shall be deemed to have been explicitly negotiated between, and
mutually drafted by, both Parties, and the language in all parts of this Agreement shall, in
all cases, be construed according to its fair meaning and not strictly for or against either
Party.
13.6 Severability. If any provision of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of the Agreement shall not be affected thereby if such
remainder would then continue to serve the purposes and objectives originally
contemplated by the Parties.
13.7 Waiver of Default. Waiver of any default shall not be deemed to be a waiver of any
subsequent default. Waiver of breach of any provision of this Agreement shall not be
deemed to be a waiver of any other or subsequent breach and shall not be construed to be
a modification of the terms of this Agreement unless stated to be such in writing, signed
by duly authorized representatives of the Parties, and attached to the original Agreement.
13.8 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either
Party without the prior written consent of the other Party.
13.9 Binding on Successors and Assigns. This Agreement and all of its terms, provisions,
conditions, and covenants, together with any exhibits and attachments now or hereafter
made a part hereof, shall be binding on the Parties and their respective successors and
assigns.
13.10 Rights and Remedies. Both Parties' rights and remedies in this Agreement are in
addition to any other rights and remedies provided by law.
13.11 Entire Agreement. This Agreement embodies the Parties' entire understanding and
agreement on the issues covered by it, except as may be supplemented by subsequent
written amendment to this Agreement, and supersedes any prior negotiations,
representations or draft agreements on this matter, either written or oral.
13.12 Survival. The provisions of this Section 13 (Legal Relations) shall survive any
termination of this Agreement.
2021 Commute Trip Reduction Program Agreement
Between King County and the City of Federal Way
Page 7 of 11
DocuSign Envelope ID: 830986F9-E467-41CB-A355-9938C7DCE9DB
14. FORCE MAJEURE
Either Party to this Agreement shall be excused from performance of any responsibilities and
obligations under this Agreement, and shall not be liable for damages due to failure to perform,
during the time and to the extent that it is prevented from performing by a cause directly or
indirectly beyond its control, including, but not limited to: any incidence of fire, flood, snow,
earthquake, or acts of nature; strikes or labor actions; accidents, riots, insurrection, terrorism, or
acts of war; order of any court of competent jurisdiction or authorized civil authority
commandeering material, products, or facilities by the federal, state or local government; or
national fuel shortage; when satisfactory evidence of such cause is presented to the other Party to
this Agreement, and provided that such non-performance is beyond the control and is not due to
the fault or negligence of the Party not performing. In no event should this provision eliminate
the obligation of the City to make payment to the County for the Work performed pursuant to
this Agreement.
15. COMPLIANCE WITH APPLICABLE LAWS
The Parties agree to comply with all applicable federal, state, and local laws, rules, and regulations,
including those pertaining to nondiscrimination and agree to require the same of any subcontractors
providing services or performing any of the Work using funds provided under this Agreement.
16. EXECUTION OF AGREEMENT — COUNTERPARTS
This Agreement may be executed in two (2) counterparts, either of which shall be regarded for all
purposes as an original.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the latest date
written below.
KING COUNTY
DEPA No, ePF METRO TRANSIT
By:
Ina Percival
Supervisor, Metro Transit Department
Date: 3/10/2022
2021 Commute Trip Reduction Program Agreement
Between King County and the City of Federal Way
Page 8 of 11
CITY OF FEDERAL WAY
By:
Jim Ferrell
Mayor
Date:
Approved as to form by:
By:
Ryan Call
City Attorney
Date:
DocuSign Envelope ID: 830986F9-E467-41CB-A355-9938C7DCE9DB
EXHIBIT A
SCOPE OF WORK: Commute Trip Reduction (CTR) Services for Affected Employers
Strategy I: Program Administration
Administer the program to meet WSDOT and City planning and
Brief description
implementation objectives and requirements.
A. Administer the em to er site registration and inventory record -
keeping: Identify, notify, and register new sites into the program in
order to prepare them for their baseline surveys. Negotiate steps for
compliance with non -compliant worksites with the onboarding
component.
B. Maintain database and master file records on basic site
information for all sites. Provide the City and WSDOT with an
electronic copy of the City's CTR-affected employers and ETCs, as
requested by the City or required by WSDOT. Keep website
updated.
C. Administer, or assist the City with administering, state and City
Activities and outputs
planning and contracting-12rocesses: Perform general update and
implementation of the CTR Plan and the City's Administrative Work
Plan; and update the CTR Final Report for the biennium. Provide
quarterly report information for City to complete WSDOT funds
billing and reporting requirements. Meet regularly with City staff to
review activities, current issues, ongoing challenges and
accomplishments. Provide the City with draft responses to inquiries
by WSDOT, when warranted and as requested by the City. Conduct
other administrative activities as needed.
D. Provide historical data from past CTR cycles. Train staff on data
tracking ands stems for organizing information.
Outputs may be dependent on the actions of external organizations or
Potential issues and risks
other external factors; unres onsive sites.
2021 Commute Trip Reduction Program Agreement
Between King County and the City of Federal Way
Page 9 of 11
DocuSign Envelope ID: 830986F9-E467-41CB-A355-9938C7DCE9DB
Stratc v 2: Ern lover Pro ram Development, Engagement and Marketing
Brief description
Engage worksite ETCs with assistance, training, communications,
resources, and information to operate successful programs. Train
City staff to engage with worksite ETCs including train -the -trainer,
providing past templates, communications needed to help ETCs
operate successful programs.
A. Training: Train all new employee transportation coordinators
"(ETCs)" (at existing and new worksites) on CTR requirements,
implementation strategies and their sites' performance to date.
Training classes can be taken online and include basic ETC training
and survey training as needed. Update and maintain informational
CTR website and other training resources.
B. Marketing Assistance: Assist ETCs with marketing of commute
1 programs and ensure they meet their program information
distribution requirements.
C. ProAssistance: Focusing primarily on sites that have not
made progress toward goal, conduct survey analyses, review program
summaries and make recommendations for program improvements.
D. Targeted Promotions: Identify highly congested employment
areas, corridors, industries, and/or sites that have not made progress
toward goals for targeted outreach. Actively work with ETCs to
promote alternatives to drive -alone commuting at these locations or
Activities and outputs
sites.
(For C and D, the number and composition of worksites for such
shall be determined in consultation with City project manager, with
larger worksites generally receiving more focus and time than smaller
ones.)
E. Information Provision: Help ETCs become a major resource to
their employees by providing them with up-to-date commute
information, tools for communicating with employees, turnkey
commuter promotions, and opportunities to attend networking events.
Send transportation -related news and announcements via email to all
ETCs; coordinate and distribute electronic materials and information
for promotions such as Wheel Options and Bike Everywhere Month
and Day; and schedule, promote, engage speakers and invite ETCs to
employer network group meetings approximately 2-3 times per year.
F. Strategic Planning: Develop strategies to help ETCs
communicate and promote their programs to employees and achieve
success with their programs.
Sites are non -responsive or unable to make resource investments in
Potential issues and risks
program; ETCs are not given the time to use resources available to
market program to employees; sites non -responsive to events and
promotions.
2021 Commute Trip Reduction Program Agreement
Between King County and the City of Federal Way
Page 10 of 11
DocuSign Envelope ID: 830986F9-E467-41CB-A355-9938C7DCE9DB
-Strategy 3: Pro ram Measurement and Reporting (Survey or Alternate and Employer Pro ram
Reports)
Train City staff to track and notify employers of surveying and
reporting requirements, gather and manage survey and program
report data, and provide technical assistance for and administration of
Brief description measurement/reporting activities and program review/modification as
warranted. Metro will be the point of contact relating to the survey
until December 31, 2021. Starting January 1, 2022, the City will be
the primary point of contact for the surveying, reporting requirements
_ and notifications.
Assist site representatives with:
(1) baseline survey and initial program development, for new sites;
(2) ongoing survey and program reporting for existing sites; and
(3) for worksites not making progress toward goal, review of the
existing program and recommendations for program modifications to
improve performance as warranted for existing sites.
This strategy includes sending survey and program notifications to all
Activities and outputs sites; reviewing and administering extensions and exemptions
requests; and setting up and assisting sites with paper and online
surveys and program reporting. Receive program report submittals
and manage/organize program report data. Negotiate steps for
compliance with non -compliant worksites. Maintain or edit report
formats as needed; database; and keep master file records on all sites.
Provide survey results and program reporting information to the
Citv/WSDOT and worksite.
Potential issues and risks I Timely processing of survey and report data by WSDOT and
accuracy of tools and data; unresponsive sites; ETC turnover.
Total CTR-Affected
Budget Amount: $8,667.00
Not to Exceed Amount
2021 Commute Trip Reduction Program Agreement
Between King County and the City of Federal Way
Page 11 of 11
COUNCIL MEETING DATE: May 17, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: COMMUTE TRIP REDUCTION PROGRAM AGREEMENT WITH THE CITY OF SEATAC
POLICY QUESTION: Should the Council authorize the Mayor to enter into an agreement with SeaTac to provide
Commute Trip Reduction (CTR) program implementation?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 2, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: 'Anthony Avery, Tmanspgrtadon Planner DEPT: Public Works -Traffic
Attachments: 1. Memorandum to the Land Use and Transportation Committee dated April 11, 2022.
2. Commute Trip Reduction Program Agreement between the City of Federal Way and the
City of SeaTac.
Options Considered:
1. Authorize the Mayor to enter into an agreement with King County Metro in the amount
of $33,333.33 for Commute Trip Reduction implementation services provided between
June 1, 2022 and June 30, 2023.
2. Do not approved proposed resolution and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1,
DIRECTOR APPROVAL: t WZ- —
Initialionte
COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the May 17, 2022 consent agenda
for approval.
Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Iran, Committee Member
PROPOSED COUNCIL MOTION:
said agreement. "
"I move to approve the proposed Agreement, and authorize the Mayor to execute
(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: April 11, 2022
TO: City Council
VIA: Jim Ferrell, Mayor
FROM: E] Walsh, P.E., Director of Public Works
ff,4�=Anthony Avery, Transportation Planner
SUBJECT: Commute Trip Reduction (CTR) Program Agreement with the City of SeaTac
FINANCIAL IMPACTS:
For the June 1, 2022 through June 30, 2023 budget period, the City will receive $33,333.33 in
technical assistance funding from the City of SeaTac.
BACKGROUND INFORMATION:
The Washington State's Commute Trip Reduction (CTR) Law requires the City to develop plans and
programs to reduce Single Occupant Vehicle and Vehicle Miles Traveled commuting trips. The law only
applies to major employers with one hundred (100) or more full-time employees scheduled who arrive at a
single worksite between 6:00 am to 9:00 am.
Over the last 20 years, South King County cities have contracted with King County for their CTR support
services to implement the CTR program. Effective December 31, 2021, cities were required to administer
their own CTR program. To accomplish this task, the City of Federal Way hired a new FTE in February
2022, partially funded through WSDOT grant funding in a biennial amount of $38,869. To provide a level
of efficiency and offset the cost of a new FTE, the City proposes to enter into a contract with the City of
SeaTac to provide CTR services. The work to be performed under this agreement is described in the
attached Exhibit A - Scope of Work.
The first year of the program will serve as a trial period, with a ongoing service provisions through a contract
extension will be considered in Spring 2023.
cc: Project File
Day File
COMMUTE TRIP REDUCTION IMPLEMENTATION AGREEMENT
between
The City of Federal Way
and
The City of SeaTac
This Commute Trip Reduction Implementation Program Agreement (the "Agreement") is entered
into by and between the City of Federal Way (the "City") and the City of SeaTac (the "Client"),
either of which entity may be referred to hereinafter individually as "Party" or collectively as the
"Parties," for the purpose of implementing the Washington State Commute Trip Reduction Law of
1991.
WHEREAS, RCW 70.94.521 through RCW 70.94.555 (RCW) establish the state's
leadership role, and the requirements and parameters to reduce traffic congestion, fuel use, and air
pollution through commute trip reduction programs, including transportation demand management
programs for growth and transportation efficiency centers ("GTEC") in Washington State; and
WHEREAS the City agrees to provide Transportation Demand Management ("TDM")
services, primarily used to support local Commute Trip Reduction ("CTR") programs to reduce air
pollution, traffic congestion and fuel consumption by encouraging commuters to use alternative
modes of transportation, such as buses, carpools, vanpools, bicycles, and walking, instead of driving
alone; and
WHEREAS the RCW requires local governments in those counties experiencing the
greatest automobile -related air pollution and traffic congestion to develop and implement CTR
Plans to reduce vehicle miles traveled per employee and drive alone commute trips; and
WHEREAS, the RCW also requires major employers to develop, implement and promote
employee transportation programs to encourage their employees to shift away from drive alone
commutes; and
WHEREAS, the Client has within its jurisdictional boundaries one or more "major
employers" and is required by RCW 70.94.527 to develop and implement a CTR Plan; and
WHEREAS, the Parties hereto are authorized to enter into this Agreement pursuant to RCW
70.94.527(5); and
WHEREAS, CTR Plans developed by local jurisdictions are required to be coordinated and
consistent with the Work Plans of adjacent jurisdictions as well as applicable regional plans; and
WHEREAS, the Client and the City desire through this Agreement to implement the RCW
consistent with the statute and any applicable rules and regulations; and
2019 — 2021 Commute Trip Reduction Implementation Agreement
Between City of SeaTac and the City of Federal Way
Page 1 of 12
Page 2
WHEREAS, the Client can achieve cost efficiencies and administrative consistency by
contracting with the City for CTR implementation; and
WHEREAS, this Agreement is entered into pursuant to the Interlocal Cooperation Act,
Chapter 39.34 RCW;
NOW THEREFORE, in consideration of the terms, conditions, mutual promises and
covenants set forth herein, the Parties agree as follows:
1. PURPOSE
The purpose of this Agreement is to establish a mechanism that will allow for certain tasks to be
undertaken by the City on behalf of the Client to implement the Client's obligations under the RCW
and provisions in the City of SeaTac's Municipal Code Chapter 11.30 relating to CTR requirements
and to set forth the responsibilities of the Parties with respect to that objective.
2. DEFINITIONS
The following definitions shall apply for purposes of this Agreement:
"Administrative Representative" means the primary administrative contact for issues related to
this Agreement as designated in Section 9.2 of the Agreement.
"Commute Trip Reduction (CTR) Plan)" means a plan adopted by the Client designed to
increase the proportion of non -drive -alone commute trips ("NDAT") and reduce commute trip
vehicle miles traveled by employees.
"Affected Employer" means an employer required by RCW 70.94.521 and the Client's CTR Plan
to implement a'CTR program (see also "major employer").
"Commute Trip Reduction Program (CTR Program)" means a program designed by an
Affected Employer to reduce the proportion of drive alone commute trips and be consistent with the
rules established by the TDM Executive Board and TDM Technical Committee.
"CTR Funds" means state funds authorized by RCW 70.94.544 and Section 301 of the Natural
Resources biennial budget to help counties and cities implement commute trip reduction plans.
"Major Employer" means a private or public employer that employs one hundred or more full-
time employees at a single worksite who are scheduled to begin their regular workday between 6:00
a.m. and 9:00 a.m. on weekdays for at least twelve continuous months during the year, as provided
in RCW 70.94.521 (herein also known as an "Affected Employer").
"State" is the Washington State Department of Transportation (WSDOT) unless otherwise noted.
2022 - 2023 Commute Trip Reduction Implementation Agreement
Between the City of Federal Way and the City of SeaTac
Page 2 of 12
Page 3
3. DUTIES AND RESPONSIBILITIES
3.1 Provision of CTR Services. City of Federal Way will perform the CTR services specified
with particularity in the Scope of Work (the "Work") set forth as Exhibits A, attached hereto
and incorporated herein by this reference.
3.2 Reimbursement of Costs. In accordance with the payment and billing provisions set forth
in Section 4 of this Agreement, the Client will reimburse the City for undertaking the Work
pursuant to this Agreement.
3.3 Implementation of Strategies. The City agrees to implement the strategies and produce
the deliverables outlined in the City of SeaTac's WSDOT-approved Administrative Work
Plan in order to coordinate the development, implementation and administration of a CTR
Program or Plan.
3.4 Use of State Funds. The City agrees to use State funds provided as part of this agreement
in accordance with incentives guidance from WSDOT that the Client will provide to the
City.
4. PAYMENT AND BILLING
4.1 Payment. The Client will reimburse the City for the full costs associated with the City's
performance of the work pursuant to this Agreement.
4.2 Cost Estimate and Budget. A cost estimate and budget for work to be performed through
June 30, 2023 is set forth in Exhibit A, which is attached hereto and incorporated herein by
this reference.
4.3 Invoices and Payment Process. The Client shall make quarterly payments to the City for
Work performed pursuant to this Agreement upon receipt of detailed billing invoices from
the City. The Client shall make payment to the City within thirty (30) days of receipt of a
billing invoice from the City. The City shall submit invoices and a quarterly progress report
to the Client per the following schedule of fixed payments:
Payment
1' Payment
2❑d Payment
Yd Payment
CTR
Fixed Payment
$2,333.33
$10,000.00
$7,000.00
2022 - 2023 Commute Trip Reduction Implementation Agreement
Between the City of Federal Way and the City of SeaTac
Page 3 of 12
Invoice Submitted
No Earlier Than
June 30, 2022
September 30, 2022
December 31, 2022
Page 4
4d' Payment $7,000.00 March 31, 2023
5"' Payment $7,000.00 June 30, 2023**
Total $33,333.33
* 3`d payment invoice to be submitted no later than January 31, 2023.
* * 5d' payment invoice to be submitted no later than July 7, 2023.
The total contract amount shall not exceed $33,333.33.
4.5 Reimbursement of Pre -Termination Costs Incurred. In the event of termination
pursuant to the provisions of Section 7 (Termination) of this Agreement, the Client shall
reimburse the City for all costs payable under this Agreement that have been incurred up to
and including the effective date of termination.
5. WORK SCHEDULE AND PROGRESS REVIEW
5.1 Progress Reviews. The City shall submit a quarterly report of progress and anticipated
activities to jurisdiction representatives in a format prescribed by the Client and in
accordance with State guidelines. On -going, periodic review of issues and materials will
also be conducted with the jurisdiction representatives.
5.2 State Evaluation Requirements. At the request of the Client, the City will provide
information to the State for monitoring or evaluation activities.
6. EFFECTIVE DATE AND TERM OF AGREEMENT
This Agreement is effective from June 1, 2022. The expiration date for purposes of performing
substantive work as described in Exhibit A (Scopes of Work) and for incurring costs is
June 30, 2023, and for final accounting purposes is July 7, 2023, unless the Parties agree to an
extension using the modification procedure provided in Section 8 (Changes and Modifications) of
this Agreement.
7. TERMINATION
7.1 Termination for Default. Either Party may terminate this Agreement in the event the other
Party fails to perform a material obligation of this Agreement. Written notice of a Party's
intention to terminate this Agreement pursuant to this Subsection 7.1 shall be provided to
the other Party not less than fifteen (15) calendar days prior to the effective date of
termination.
7.2 Termination for Convenience. Either Party to this Agreement may terminate the
Agreement, in whole or in part, for convenience and without cause. Written notice of a
2022 - 2023 Commute Trip Reduction Implementation Agreement
Between the City of Federal Way and the City of SeaTac
Page 4 of 12
Page 5
Party's intention to terminate this Agreement pursuant to this Subsection 7.2 shall be
provided to the other Party not less than thirty (30) days prior to the effective date of
termination.
7.3 City Funding and Termination for Non -Appropriation. Performance of any Work
undertaken by the City pursuant to this Agreement in advance of receiving reimbursement
by the Client beyond the current appropriation year is conditioned upon the appropriation by
the City Council of sufficient funds to support the performance of the work. Should such an
appropriation not be approved, the Agreement shall terminate at the close of the current
appropriation year. The appropriation year ends on December 31 of each year.
7.4 Termination Due to Loss of State Funding. If at any time during the Agreement period
the State acts to terminate, reduce, modify, or withhold CTR State Funds allotted to the
Client pursuant to RCW 79.94.544 then either Party may terminate this Agreement by
giving thirty (30) days advance written notice to the other Party.
8. CHANGES AND MODIFICATIONS
Either Party may request changes to the provisions of this Agreement. Any such changes must be
mutually agreed upon and incorporated by written amendment to this Agreement. No variation or
alteration of the terms of this Agreement will be valid unless made in writing and signed by
authorized representatives of the Parties hereto.
9. NOTIFICATION AND IDENTIFICATION OF CONTACTS
9.1 Administrative Representatives. Both Parties shall designate an administrative
representative to act as the contact person for matters pertaining to this Agreement.
9.2 Contact Persons and Addresses.
For the City: Anthony Avery. Transportation Planner
City of Federal Way Public Works
33325 8th Ave S
Federal Way, WA 98003
(253) 835-2747
For the Client: Karen Spencer
City of SeaTac
4800 South 188th Street
SeaTac, WA 98188-8605
(206) 973-4720
9.3 Notice. Any notice or communication required or permitted to be given pursuant to this
Agreement shall be in writing and shall be sent postage prepaid by U.S. Mail, return receipt
2022 - 2023 Commute Trip Reduction Implementation Agreement
Between the City of Federal Way and the City of SeaTac
Page 5 of 12
Page 6
requested, to the Parties' respective administrative representatives at the addresses identified
in Subsection 9.2 of this Agreement.
10. DISPUTE RESOLUTION PROCESS
The Parties, through their designated representatives identified in Subsection 9.2 of this
Agreement, shall use their best efforts to resolve any disputes pertaining to this Agreement that
may arise between the Parties. If these designated representatives are unable to resolve a
dispute, the responsible project managers of both Parties shall review the matter and attempt to
resolve it. If they are unable to resolve the dispute, the matter shall be reviewed by the
department directors of both Parties or his or her designee. The Parties agree to exhaust each of
these procedural steps before seeking to resolve disputes in a court of law or any other forum.
11. AUDITING OF RECORDS, DOCUMENTS AND REPORTS
The State Auditor and any of its representatives shall have full access to and the right to examine
during normal business hours and as often as the State Auditor may deem necessary, all the records
of the Client and the City with respect to all matters covered in this Agreement. Each Party to the
Agreement shall have similar access and rights with respect to the records of the other Party. Such
representatives shall be permitted to audit, examine, and make excerpts or transcripts from such
records and to make audits of all contracts, invoices, materials, payrolls, and records of matters
covered by this Agreement. The City shall require any subcontractors performing work on this
Agreement to grant the State, the State Auditor, and any of their representatives, comparable
audit rights as set forth in this Section. Such rights last for three (3) years from the date final
payment is made hereunder.
12. ENDEMNIFICATION AND HOLD HARMLESS
12.1 To the maximum extent permitted by law, each Party shall defend, indemnify and hold
harmless the other Party and all of its officials, employees, principals and agents from all
claims, demands, suits, actions, and liability of any kind, including injuries to persons or
damages to property, which arise out of, are connected with, or are due to any negligent acts
or omissions of the indemnifying Party, its contractors, and/or officials, employees, agents,
or representatives in performing work under this Agreement; provided, however, that if (and
only ifl the provisions of RCW 4.24.115 apply and any such damages and injuries to
persons or property are caused by or result from the concurrent negligence of the Client or
its contractors, officials, employees, agents, or representatives, and the City or its
contractors, officials, employees, agents, or representatives, each Party's obligation
hereunder applies only to the extent of the negligence of such Party or its contractors,
officials, employees, agents, or representatives. Each Party specifically assumes potential
liability for actions brought by its own employees against the other Party and for that
purpose each Party specifically waives, as to the other Party only and only to the extent
2022 - 2023 Commute Trip Reduction Implementation Agreement
Between the City of Federal Way and the City of SeaTac
Page 6 of 12
Page 7
necessary to fulfill its obligations under this Agreement, any immunity under the Worker's
Compensation Act, RCW Title 51; and the Parties recognize that this waiver was the subject
of mutual negotiation and specifically entered into pursuant to the provisions of RC W
4.24.115, if applicable.
12.2 The Client acknowledges it is solely responsible for its compliance with the CTR Act,
and for the adoption, implementation, and enforcement of any Client ordinances, plans,
and programs related to the CTR Act. The Client shall indemnify and hold the City
harmless from, and shall process and defend, at its own expense, any and all claims,
demands, suits at law or equity, actions, penalties, losses, damages, or costs arising out
of, in connection with, or incidental to any act or omission of the Client or any of its
officers, employees, subcontractors or agents in adopting or enforcing any Client
ordinances, plans and programs related to the CTR Act.
12.3 The Parties hereto acknowledge that the State of Washington is not liable for damage or
claims from damages arising from any act or omission of the City or the Client under this
Agreement.
12.4 In the event any Party incurs attorney's fees, costs or other legal expenses to enforce
provisions of this section against the other Party, all such fees, costs, and expenses shall
be recoverable by the prevailing party.
13. LEGAL RELATIONS
13.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the
benefit of the Parties hereto and gives no right to any other person or, entity.
13.2 No Partnership or Joint Venture. No joint venture, agent -principal relationship or
partnership is formed as a result of this Agreement. No employees or agents of one Party
or any of its contractors or subcontractors shall be deemed, or represent themselves to be,
employees or agents of the other Party.
13.3 Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
13.4 Jurisdiction and Venue. The King County Superior Court, situated in Seattle,
Washington, shall have exclusive jurisdiction and venue over any legal action arising
under this Agreement.
13.5 Mutual Negotiation and Construction. This Agreement and each of the terms and
provisions hereof shall be deemed to have been explicitly negotiated between, and
mutually drafted by, both Parties, and the language in all parts of this Agreement shall, in
all cases, be construed according to its fair meaning and not strictly for or against either
Party.
2022 - 2023 Commute Trip Reduction Implementation Agreement
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Page 8
13.6 Severability. If any provision of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of the Agreement shall not be affected thereby if such
remainder would then continue to serve the purposes and objectives originally
contemplated by the Parties.
13.7 Waiver of Default. Waiver of any default shall not be deemed to be a waiver of any
subsequent default. Waiver of breach of any provision of this Agreement shall not be
deemed to be a waiver of any other or subsequent breach and shall not be construed to be
a modification of the terms of this Agreement unless stated to be such in writing, signed
by duly authorized representatives of the Parties, and attached to the original Agreement.
13.8 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either
Party without the prior written consent of the other Party.
13.9 Binding on Successors and Assigns. This Agreement and all of its terms, provisions,
conditions, and covenants, together with any exhibits and attachments now or hereafter
made a part hereof, shall be binding on the Parties and their respective successors and
assigns.
13.10 Rights and Remedies. Both Parties' rights and remedies in this Agreement are in
addition to any other rights and remedies provided by law.
13.11 Entire Agreement. This Agreement embodies the Parties' entire understanding and
agreement on the issues covered by it, except as may be supplemented by subsequent
written amendment to this Agreement, and supersedes any prior negotiations,
representations or draft agreements on this matter, either written or oral.
13.12 Survival. The provisions of this Section 13 (Legal Relations) shall survive any
termination of this Agreement.
14. FORCE MAJEURE
Either Party to this Agreement shall be excused from performance of any responsibilities and
obligations under this Agreement, and shall not be liable for damages due to failure to perform,
during the time and to the extent that it is prevented from performing by a cause directly or
indirectly beyond its control, including, but not limited to: any incidence of fire, flood, snow,
earthquake, or acts of nature; strikes or labor actions; accidents, riots, insurrection, terrorism, or
acts of war; order of any court of competent jurisdiction or authorized civil authority
commandeering material, products, or facilities by the federal, state or local government; or
national fuel shortage; when satisfactory evidence of such cause is presented to the other Party to
this Agreement, and provided that such non-performance is beyond the control and is not due to
the fault or negligence of the Party not performing. In no event should this provision eliminate
the obligation of the Client to make payment to the City for the Work performed pursuant to this
Agreement.
2022 - 2023 Commute Trip Reduction Implementation Agreement
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Page 9
15. COMPLIANCE WITH APPLICABLE LAWS
The Parties agree to comply with all applicable federal, state, and local laws, rules, and regulations,
including those pertaining to nondiscrimination and agree to require the same of any subcontractors
providing services or performing any of the Work using funds provided under this Agreement.
16. EXECUTION OF AGREEMENT — COUNTERPARTS
This Agreement may be executed in two (2) counterparts, either of which shall be regarded for all
purposes as an original.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the latest date
written below.
CITY OF SEATAC
By:
Carl Cole
City Manager
Date:
Approved as to form by:
By:
City Attorney
Date:
2022 - 2023 Commute Trip Reduction Implementation Agreement
Between the City of Federal Way and the City of SeaTac
Page 9 of 12
CITY OF FEDERAL WAY
By:
Jim Ferrell
Mayor
Date:
Approved as to form by:
By:
City Attorney
Date:
Page 10
Exhibit A
City of SeaTac
Commute Trip Reduction (CTR) Services for Affected Employers
Scope of Work
Period: June 1, 2022 through June 30, 2023
Stratc v 1: Pro ram Administration
Brief description
Administer the program to meet state and city planning and
implementation objectives and requirements.
A. Administer the em to er site registration and invents record-
keepin: Identify, notify, and register new sites into the program in
order to prepare them for their baseline surveys. Negotiate steps for
compliance with non -compliant worksites with the onboarding
component.
B. Maintain database and master file records on basic site
information for all sites. Provide the Client and WSDOT with an
electronic copy of City's CTR-affected employers and ETCs, as
requested by the Client or required by WSDOT.
C. Administer, or assist the Client with administering, state and City
planning and contracting, processes: Perform general update and
Activities and outputs
implementation of the CTR Plan and ordinance, including
development and execution of implementation contract between City
of Federal Way CTR Services, the City of SeaTac and their
Administrative Work Plan; and the CTR Final Report for the
biennium. Provide quarterly report information for Client to complete
state funds billing and reporting requirements. Meet regularly with
Client staff to review activities, current issues, ongoing challenges
and accomplishments. Provide the Client with draft responses to
inquiries by state CTR committees and others, when warranted and as
requested by the Client. Conduct other administrative activities as
needed.
Potential issues and risks
Outputs may be dependent on the actions of external organizations or
other external factors; unresponsive sites
2022 - 2023 Commute Trip Reduction Implementation Agreement
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Page 11
Strategy 2: Emplover Program Development, Engagement aad iarketing
Brief description Engage worksite ETCs with assistance, training, communications,
resources, and information tooperate successful programs.
A. Training: Train all new employee transportation coordinators
"(ETCs)" (at existing and new worksites) to ensure that they
understand the requirements of the law, implementation strategies
and their sites' performance to date. Training classes can be taken
online and include basic ETC training and survey training as needed.
B. Marketing Assistance: Assist ETCs with marketing of commute
programs and ensure they meet their program information
distribution requirements.
C. Program Assistance: Focusing primarily on sites that have not
made progress toward goal, conduct survey analyses, review program
summaries and make recommendations for program improvements.
D. Targeted Promotions: Identify highly congested employment
areas, corridors, industries, and/or sites that have not made progress
toward goals for targeted outreach. Actively work with ETCs to
promote alternatives to drive -alone commuting at these locations or
sites.
(For C and D, the number and composition of worksites for such
Activities and outputs shall be determined in consultation with Client project manager, with
larger worksites generally receiving more focus and time than smaller
ones.)
E. Information Provision: Help ETCs become a major resource to
their employees by providing them with up-to-date commute
information, tools for communicating with employees, turnkey
commuter promotions, and opportunities to attend networking events.
Send transportation -related news and announcements via email to all
ETCs; coordinate and distribute electronic materials and information
for promotions such as Wheel Options and Bike Everywhere Month
and Day; and schedule, promote, engage speakers and invite ETCs to
employer network group meetings approximately 2-3 times per year.
F. Strategic Planning Develop strategies to help ETCs communicate
and promote their programs to employees and achieve success with
their programs.
G. City to attend statewide and regional meetings related to the
administration and effectiveness of the Client's CTR program such as
Technical Group, CTR Survey Tools, etc.
Sites are non -responsive or unable to make resource investments in
Potential issues and risks program; ETCs are not given the time to use resources available to
market program to employees; sites non -responsive to events and
2022 - 2023 Commute Trip Reduction Implementation Agreement
Between the City of Federal Way and the City of SeaTac
Page 11 of 12
Page 12
Strategy 3: Program measurement and re ortin(survey or alternate and employer proprarn
reports)
Brief description
Track and notify employers of surveying and reporting requirements,
gather and manage survey and program report data, and provide
technical assistance for and administration of measurement/reporting
activities and program review/modification as warranted.
Assist site representatives with:
(1) baseline survey and initial program development, for new sites;
(2) ongoing survey and program reporting for existing sites; and
(3) for worksites not making progress toward goal, review of the
existing program and recommendations for program modifications to
improve performance as warranted for existing sites.
This strategy includes sending survey and program notifications to all
Activities and outputs
sites starting in Spring 2023 in coordination with WSDOT Survey
deployment; reviewing and administering extensions and exemptions
requests; and setting up and assisting sites with paper and online
surveys and program reporting. Receive program report submittals
and manage/organize program report data. Negotiate steps for
compliance with non -compliant worksites. Maintain or edit report
formats as needed; database; and keep master file records on all sites.
Provide survey results and program reporting information to the
ci . /state and worksite.
Potential issues and risks
Timely processing of survey and report data by WSDOT and
accuracy of tools and data; unresponsive sites; ETC turnover
Total CTR-Affected $33,333.33
Budget Amount - Not to
Exceed
2022 - 2023 Commute Trip Reduction Implementation Agreement
Between the City of Federal Way and the City of SeaTac
Page 12 of 12
COUNCIL MEETING DATE: May 17, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AUTHORIZATION TO APPLY FOR KING COUNTY FLOOD REDUCTION GRANT
POLICY QUESTION: Should the Council authorize staff to submit a King County Flood Reduction grant
application?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 2, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kent Smith, P.E. Senior Capital Engineer- Fug DEPT: Public Works
- ....._........_._.......... - ._....._......-- ....... ..........__.__ _...._.-.. ---......_....----........_._P -- - ---- - - — - - —
Attachments: Land Use and Transportation Committee memorandum dated May 2, 2022.
Options Considered:
1. Authorize staff to submit the proposed King County Flood Reduction grant application.
2. Do not authorize staff to submit the proposed grant application and provide direction to staff.
MAYOR'S RECOMAIEND4 fPN: Option 1.
MAYOR APPROVAL: T !! DIRECTOR APPROVAL: ZpZZ
t[cc C l t a�' � lnival(Dazc
ln,,,&Date initial+! ate
COMMITTEE RECOMMENDATION: I move to forward Option I to the May 17, 2022 Council consent agenda for
approval.
Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move approval of submitting the proposed King County Flood Reduction
Grant application. "
BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 1/2022 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 2, 2022
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director 111c�
Kent Smith, P.E., Senior Capital Engineer
SUBJECT: Authorization to Apply for King County Flood Reduction Grant
Financial Impacts:
The City is seeking up to $1,500,000 in King County Flood Control grant funding to use for projects
along Cold Creek in the north portion of the City. This grant application does not require the City to
provide matching funds, however matching funds are taken into consideration during the scoring process
and the City has $700,000 in Flood Control Levy funds to utilize as match. Flood Control Levy funds are
dedicated to flood control related activities in the City. Operational expenses may include periodic City
inspection and maintenance by the Public Works Surface Water Management Division which is already
accounted for within the existing operating budget. This project is included within the SWM CIP Project
18 — Cold Creek Culvert Replacements and Channel Stabilization with $3,300,000 in allocated funding
for design, construction, and construction inspection and administration.
Background Information:
The City of Federal Way Public Works Department has identified multiple locations within Cold Creek in
the City of Federal Way requiring potential culvert replacement, channel stabilization, and/or fish passage
barrier removal and habitat restoration. The City has identified these projects as likely to be competitive
for the 2022 King County Flood Reduction grant program. Flooding risk was identified through a Cold
Creek basin study and prioritization report for three locations along Cold Creek. Up to $1,500,000 is
sought with final funding request and potential projects to be determined based on their grant
competitiveness.
Current allocated funding I Estimated Cost (multiple Possible Grant Funds City Match
ro'ects
Cold Creek Culvert Replacements and Channel Stabilization
$3,300,000 Up to $5,500,000 Up to $1,500,000 $700,000 1
Rev 6/2020
COUNCIL MEETING DATE: May 17, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: S DASH POINT RD SIDEWALK IMPROVEMENTS - PROJECT ACCEPTANCE
POLICY QUESTION: Should City Council accept the S Dash Point Rd Sidewalk Improvement project as
complete?
COMMITTEE: Land Use & Transportation MEETING DATE: May 2, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Christine Mullen, P.E., Engineering M. anger qM DEPT: Public Works
Attachments: 1. Land Use & Transportation Committee Memo dated May 2, 2022
Options Considered:
1. Approve, final acceptance of the S Dash Point Rd Sidewalk Improvement project
constructed by Active Construction, Inc., in the amount of $1,174,726.97 as complete.
2. Do not approve final acceptance of the S Dash Point Rd Sidewalk Improvement project
as complete, and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 17, 2022 City Council
consent agenda for approval. 1
MAYOR APPROVAL: T DIRECTOR APPROVAL: �� * ta-.-L
C iminee A� Coin I Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the May 17, 2022 consent agenda for
approval.
Jack Dove , Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the final acceptance of the S Dash Point Rd Sidewalk
Improvement project constructed by Active Construction, Inc. in the amount of $1,174, 726.97 as complete. "
BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 1/2022 RESOLUTION 9
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 2, 2022
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: E.J. Walsh, P.E., Public Works Director
Christine Mullen, P.E., Engineering Manager Gjlll
SUBJECT: S Dash Point Rd Sidewalk Improvements — Project Acceptance
Financiallm acts:
This is the acceptance of construction as complete, and therefore no additional funds are proposed
to be spent as part of this agenda item. Ongoing costs associated with operations and maintenance
will be performed and funded through streets maintenance which is reviewed and adjusted as
required during the budget process.
Background Information:
This project constructed a sidewalk and bicycle lane on the south side of S Dash Point Road.
This project was approximately 900 feet in length and was located in front of Sacajawea Middle
School. Also constructed were a planter strip with street trees, storm improvements, ADA
improvements, street lighting, and a pavement grind/inlay to the centerline.
Prior to release of retainage on a Public Works construction project, the City Council must accept
the work as complete to meet requirements of the State Departments of Revenue, Employment
Security, and Labor & Industries. The S Dash Point Road Sidewalk Improvements, constructed
by Active Construction, Inc., is complete. The final construction contract amount is
$1,174,726.97. This is $86,834.06 below the $1,261,561.03 (including contingency) budget that
was approved by the City Council on January 21, 2020.
May 2, 2022
Land Use and Transportation Committee
Subject— S Dash Point Rd Sidewalk Improvements — Project Acceptance Rev 6/2020
COUNCIL MEETING DATE: May 17, 2022 ITEM #: IF
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RESOLUTION: SETTING A PUBLIC HEARING DATE FOR THE 2023-28 TRANSPORTATION
IMPROVEMENT PLAN
POLICY QUESTION: Should Council pass a resolution to set a public hearing date for adoption of the 2023-28
Transportation Improvement Plan on June 21, 2022?
COMMITTEE: Land Use and Transportation MEETING DATE: May 2, 2022
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer X DEPT: Public Works
Attachments: 1. Staff Report
2. Resolution
Options Considered:
1. Approve proposed resolution.
2. Do not approve proposed resolution and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
Initial/Date
DIRECTOR APPROVAL. 0,0— t-Let t7zt-
%—� 6Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the June 21, 2022 consent
agenda for approval.
Jack Dovey, Jack Walsh, Hoang Tran,
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. "
BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading _
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED —11 /2019 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 2, 2022
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: RJ Walsh, P.E., Public Works Director
Rick Perez, P.E., City Traffic Engineer
SUBJECT: Resolution Setting a Public Hearing Date for the 2023-28 Transportation Improvement
Plan
Financial Impacts:
Nona.
Background Information:
In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the
City of Federal Way adopted its original Transportation Improvement Plan (TIP) on July 23, 1991. The
City is also required to adopt a revised TIP on an annual basis to reflect the City's current and future street
and arterial needs.
The City is required to hold a minimum of one public hearing on the revised plans. Staff proposes that this
occur at the June 21, 2022, City Council meeting. Once the revised plans have been adopted by Resolution,
a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the
Washington State Transportation Improvement Board. The proposed resolution sets the public hearing date
for the June 21, 2022 City Council meeting. The TIP will also be presented to the Land Use and
Transportation Committee on June 6, 2022.
Rev. 6/2019
RESOLUTION NO.
A RESOLUTION of the City of Federal Way, Washington, setting a
Public Hearing date of Tuesday, June 21, 2022 for adoption of a revised
Six -Year Transportation Improvement Program
WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City
Council of the City of Federal Way must adopt a revised and extended Six -year Transportation
Improvement Program ("TIP") annually; and
TIP.
WHEREAS, a public hearing must be held prior to the adoption of the revised and extended
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Public Hearing. A public hearing shall be held on the 2023-28 Federal Way
Transportation Improvement Plan at 7:00 p.m. on Tuesday, June 21, 2022, at the Federal Way City
Hall Council Chambers.
Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Resolution No. 22- Page I of 2
Rev 1/22
Section 4. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 20.
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 22-
Page 2 of 2
Rev 1/22
COUNCIL MEETING DATE: May 17, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMENDING NEIGHBORHOOD TRAFFIC SAFETY PROGRAM POLICY
POLICY QUESTION: For information only
COMMITTEE: Land Use and Transportation MEETING DATE: May 2, 2022
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ® Other
STAFF REPORT BY: Rick Perez, P.E. DEPT: Public Works
Attachments: 1. Staff Report
Options Considered:
1. For information only
MAYOR'S RECOMMENDATION: For information
MAYOR APPROVAL:
COMMITTEE RECOMMENDATION: none
L.-A—
APPROVAL: 1J 12QI2oZ'L
Ini[iaUDate
Jack Dovey, Jack Walsh, Hoang Tran,
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: none
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: May 2, 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: Amending Neighborhood Traffic Safety Program Policy
Financial Impacts:
The cost to the City for the Neighborhood Traffic Safety Program was included within the
approved budget under the Public Works Traffic Division operating budget in the amount of
$50,000 per year. No immediate change is being proposed at this time.
Background Information:
The Neighborhood Traffic Safety Program is intended to address speeding and other safety concerns in
residential neighborhoods.
At the April 4, 2022 meeting of the Land Use and Transportation Committee, concerns were raised
regarding the current Council -adopted policy, in particular regarding the cost limitation of $15,000 per
neighborhood per year ("neighborhood" being defined by elementary school attendance boundaries). As
a result, this was noted as a fixture LUTC agenda item.
Staff had been planning to propose amendments to the NTSP Policy to address equity issues and
limitations on vertical deflection solutions (speed tables, for example) on roadways with higher functional
classifications. As such, staff recommends that a more comprehensive update of the NTSP policy be
completed prior to review by LUTC, rather than making piecemeal revisions. This work item should be
completed in time for any proposed revision to funding levels to be reviewed for incorporation into the
2023-24 biennial budget.
Rev. 6/2019
COUNCIL MEETING DATE: May 17, 2022 ITEM #:^
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AWARD ON -CALL GUARD RAIL AND CONCRETE BARRIER SERVICES CONTRACT
POLICY QUESTION: Should council authorize award of the On -Call Guard Rail and Concrete Barrier Services
Contract to the lowest responsive, responsible bidder?
COMMITTEE: Land Use and Transportation MEETING DATE: May 2, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Desiree Winkler, P.E., Deputy Public Works Director ".' DEPT: Public Works
Attachments: 1. Staff Report
2. Bid Tabulations
Options Considered:
1. Authorize award of the On -Call Guard Rail and Concrete Barrier Services Contract to
Petersen Brothers, Inc., the lowest responsive, responsible bidder in an amount not -to -exceed $350,000.00 for a
three-year term with the option for one, one-year extension.
2. Do not authorize award of the On -Call Guard Rail and Concrete Barrier Services Agreement
and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
APPROVAL: 1 ( _L812d L_L
InTi al/Date
COMMITTEE RECOMMENDATION: "I move to forward Option I to the May 17, 2022 consent agenda for
approval."
Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move award of the On -Call Guard Rail and Concrete Barrier Services
Contract to Petersen Brothers, Inc., the lowest responsive, responsible bidder in an amount not -to -exceed
$350,000.00 for a three-year term with the option for one, one-year extension and authorize the Mayor to
execute said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 11 /2019
RESOLUTION 9
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 2, 2022
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director
Desiree S. Winkler, P.E., Deputy Public Works Director9
SUBJECT: Award On -Call Guard Rail and Concrete Barrier Services Contract
Financial Impacts:
The cost to the City for On -Call Guard Rail and Concrete Barrier Services was included within the
approved budget under the Streets Operations and Maintenance budget (Fund 101). In accordance
with the approved budget, this item is funded by a combination of city general fund revenue and
Motor Vehicle Excise Tax (MVET). In addition, RISK funds may be utilized when available or
there is a responsible party. Future maintenance costs are evaluated as part of the budget process.
Background Information:
The city is responsible for guard rail and concrete barrier maintenance and placement along the
edge of public rights -of -way. On average, the city replaces or installs between $15,000 to
$40,000 worth of guard rail and concrete barrier each year. Given this is a regular occurring
maintenance item that requires timely response, the city has historically bid and awarded on -call
contracts to complete this work. Previously, contracts have been for one year at a time and for
amounts less than $20,000 per year. To save administrative time from annual bidding, staff
requested bids for a multi -year unit priced contract that includes provisions for annual rate
increases tied to the Puget Sound consumer price index (CPI).
Request for bids was issued through the small works contract process. Two bids were received
(See attached bid tabulations). Bid prices are for establishing unit -specific rates for typical work
requested and provide a basis for determining the lowest responsive, responsible bidder. The bid
totals do not reflect the actual amount of work to be completed.
The proposed award amount is the not -to -exceed amount of $350,000 which is the maximum
dollar amount that can be paid under a small works contract. The initial term is proposed to be
for three (3) years with an option to extend for one, one-year term. The term proposed is the
maximum allowed under state law for unit priced on -call contracts.
Rev. 6/2019
CITY OF FEDERAL WAY
BID TABULATIONS
RFB 22-006
On -Call Guard Rail and Concrete Barrier Services
ON -CALL GUARD RAIL AND CONCRETE BARRIER SERVICES (RFB 22-006)
Contractor
Contractor
Bid Review: April 15, 2022
Petersen Brothers, Inc.
Transblue
Sumner, WA
Monroe, WA
#
Description
Qty
Units
Unit Price
Total
Unit Price
Total
Beam Guardrail Type 31 (6 Ft wood or steel posts) WSDOT Standard
1
Plan C-20.10-06
30
LF
119.17
3,575.10
277.10
8,313.00
Beam Guardrail Type 31 Non -Flared Terminal (Posted Speed 45
2
MPH and Below) per WSDOT Standard Plan C-22.45-05 — MSKT-SP-
1
LS
4,887.37
4,887.37
4,400.00
4,400.00
MGS (TL-2)
4
Concrete Barrier Type F per WSDOT Standard Plan C-60.10-01
100
LF
117.28
11,728.00
4,300.00
430,000.00
3
Traffic Control Labor
10
HR
92.22
922.20
220.00
2,200.00
TOTAL
21,112.67
444, 913.00
COUNCIL MEETING DATE: May 17, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: SIDEWALK REPAIR, CONSTRUCTION, AND/OR RECONSTRUCTION AND
ASSESSMENTS
POLICY QUESTION: Should council approve the revisions and additions to the City's sidewalk code to provide
processes for sidewalk repair, reconstruction, and/or reconstruction and associated assesmments?
COMMITTEE: Land Use and Transportation MEETING DATE: May 2, 2022
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Desiree S. Winkler, P.E., Deputy Director DEPT: Public Works
Attachments: 1. Staff Report
2. Ordinance
Options Considered:
1. Adopt the proposed ordinance.
2. Do not adopt the proposed ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
IZ-b I ZOZ.'L.-
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on May 17, 2022.
Jack Dove , Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (MAY 17, 2022): "I move to forward the proposed ordinance to the June 7,
2022 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (JUNE 7, 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 only) ORDINANCE #
REVISED—11/2019 RESOLUTION 4
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 2, 2022
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
EJ Walsh, P.E., Public Works Director'��
FROM: Desiree S. Wielder, P.E., Deputy Public Works Director
SUBJECT: ORDINANCE: Sidewalk Repair, Construction, and/or Reconstruction and Assessments
Financial Impacts:
This item for sidewalk repair, construction, and/or reconstruction resulting from private property
damages was not included within the approved budget. As proposed, it will be funded by private
property owner assessments. No additional future costs due to ongoing operations and maintenance
are anticipated.
Background Information:
Federal Way Revised Code ("FWRC") 4.40.020 currently places responsibility for sidewalk
maintenance, repair, reconstruction, and/or construction upon the abutting property owner when
the damage to the sidewalk is caused by the abutting property owner's act, error, or omission. Most
commonly, sidewalk cracks and heaves are caused by adjacent tree roots. Trees within residential
area planter strips and adjacent landscaping are the responsibility of the property owner to
maintain. Maintenance includes trimming and root control.
Most sidewalk damage and related trip hazards are reported from residents and sidewalk users.
Once determined that the adjacent property owner is responsible for the sidewalk repair, a letter is
sent to the property owner informing them of their responsibility. Many homeowners have
contacted the city requesting if there was a way for the city to complete the repairs and pass on the
costs to the homeowners. Other homeowners fail to complete and/or choose to ignore the needed
sidewalk repairs resulting in continuous complaints and presence of sidewalk hazards.
Washington State law, specifically Chapters 35.68 RCW, 35.69 RCW, and 35.70 RCW, authorize
procedures for repair, reconstruction, and/or construction of sidewalks as well as procedures
ensuring that the responsible abutting property owners bear the duty, burden, and expense of such
repair, reconstruction, and/or construction. FWRC does not currently contain procedures to ensure
that responsible abutting property owners bear the duty, burden, and expense of such repair,
reconstruction, and/or construction.
To further the city's goals of a safe and reliable city sidewalk system, and minimize risk of liability,
the city proposes FWRC modifications and additions to promote an effective partnership between
the city and private property owners.
Rev. 6/2019
May 2, 2022
Land Use and Transportation Committee
Sidewalk Repair and Assessments
Page 2
The code modifications / additions are summarized as follows:
1) The city will notify property owner's if a sidewalk repair is the abutting owner's
responsibility.
2) The property owner has sixty (60) days from notification to either perform the
repair/reconstruction work at their own expense, or submit a written request to the director
of public works asking that the city undertake the repair/reconstruction at the expense of
the property owner.
3) The city will draft a reimbursement agreement to complete the repairs on behalf of the
property owner. Once fully executed, the city will complete the repairs and invoice the
property owner.
4) If the property owner does not take timely action to either complete the repairs or enter into
an agreement for the city to complete the repairs, the city may choose to complete the
repairs after city council approval. All costs associated with the repairs will be assessed to
the property owner.
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, modifying
the City's sidewalk code to provide processes for sidewalk repair,
reconstruction, and/or construction; adding new section FWRC
4.40.025 to Chapter 4.40.
WHEREAS, the City of Federal Way ("City") is a non -charter code city pursuant to Title
35A RCW; and
WHEREAS, Federal Way Revised Code ("FWRC") 4.40.020 currently places
responsibility for sidewalk maintenance, repair, reconstruction, and/or construction upon the
abutting property owner when the damage to the sidewalk is caused by the abutting property
owner's act, error, or omission; and
WHEREAS, Washington State law, specifically Chapters 35.68 RCW, 35.69 RCW, and
35.70 RCW, authorize procedures for repair, reconstruction, and/or construction of sidewalks as
well as procedures ensuring that the responsible abutting property owners bear the duty, burden,
and expense of such repair, reconstruction, and/or construction; and
WHEREAS, the FWRC does not currently contain procedures to ensure that responsible
abutting property owners bear the duty, burden, and expense of such repair, reconstruction,
and/or construction; and
WHEREAS, the City supports an effective partnering between the City and its Citizens in
sharing the burden of sidewalk maintenance and repair; and
WHEREAS, it is in the public interest for the City's sidewalks to be safe and well -
maintained in order to promote the public health and attractiveness of the City, minimize risk of
liability, and aid in attracting citizens toward pedestrian use of the sidewalks of the City.
Ordinance No. 22- Page I of 4
Rev 1 /21
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
(b) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by protecting and promoting public health and safety.
Section 2. Chapter 4.40 of the Federal Way Revised Code is hereby amended to add a
new section 4.40.025 to read as follows:
4.40.025 Repair, reconstruction and construction of sidewalks - Procedures.
1 Re air, reconstruction andlor construction h res onsihle person. If repair, reconstruction
and/or construction of a sidewalk is necessary in the cit 's determination and such maintenance.
repair and/or construction is the responsibility of the abutting property owner or occupant as
provided in FWRC 4.40.020. the responsible person shall within sixty days of notification b the
city, either:
a Perform the necessary repair, reconstruction and/or construction at their own ex ense•
or
b Submit a written re nest to the director of Vublic works or designee asking that the
ct undertake the necessajy repair. reconstruction and/or construction at the expens of
the responsible person.
If the director of public works or designee, upon receiving such a request. determines that the
cily will undertake the required work. then the director of public works or designee shall prepare
a reimbursement agreement whereby the responsible person agrees to reimburse the cily for all
Ordinance No. 22- Page 2 of 4
Rev 1 /21
actual enaineering and construction costs incurred by the city in rfbrming the required work on
behalf of the responsible person.
2 Re air reconstruction and/or construction by order of city council and assessment o costs.
If a responsible person does not timely complete either of the actions identified in FWRC
4.40.024(l), or if the responsible person and the city do not execute a reimbursement arent
within thirty days of receipt of a written reguest for the city to undertake the necessaEy work
then the director of public works or designee may report the same to the cijy council. If ul2on
receiving such re art. the efty council deems the proposed repair, reconstruction and/or
construction is necesM or convenient for the Rublic health safety or welfare the city council
mqy order such work to be done pursuant to the procedures established in Cha ter 35.68, 35.69
or 35.70 RCW. The cost of such work shall be assessed upon the abutting property owner(sl in
accordance with Chapter 35.68 35.69 or 35.70 RCW.
Section 3. SeverabiIi€y. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Ordinance No. 22- Page 3 of 4
Rev 1 /21
Section 6. Effective Date. This ordinance shall be effective thirty (30) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this day of
2022.
ATTEST:
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 22- Page 4 of 4
Rev 1 /21
COUNCIL MEETING DATE: May 17, 2022 ITEM #: j-
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: AMENDMENT TO NEW CINGULAR WIRELESS PCS, LLC FRANCHISE
ORDINANCE
POLICY QUESTION: Should council approve the amendment to the New Cingular Wireless PCS, LLC
Franchise Ordinance.
COMMITTEE: Land Use and Transportation MEETING DATE: May 2, 2022
CATEGORY:
❑ Consent Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Desiree S. Winkler, P.E., Deputy Director DEPT: Public Works
Attachments: 1. Staff Report.
2. Ordinance.
Options Considered:
1. Adopt the proposed ordinance.
2. Do not adopt the proposed ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
APPROVAL: -e✓
Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on May 17, 2022.
Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (MAY 17, 2022): "I move to forward the proposed ordinance to the June 7,
2022 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (JUNE 7, 2022) "I move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 11/2019
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 7, 2022
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
EJ Walsh, P.E., Public Works Director W�
FROM: Desiree S. Winkler, P.E., Deputy Public Works DirectorW'Ar
SUBJECT: Amendment to the New Cingular Wireless PCS, LLC Franchise Ordinance
Financial Impacts:
There are no costs to the City for this amendment to the New Cingular Wireless PCS, LLC (New
Cingular Wireless) franchise ordinance. New Cingular Wireless paid an administrative fee of
$2,000.00 to cover the staff time and legal services costs to complete this amendment and
associated land use application.
Background Information:
Addition of One Location to Existing Franchise
New Cingular Wireless is requesting to co -locate a new macro wireless facility on a Puget Sound
Energy (PSE) utility pole at 29601 8th Ave SW (referred to as "Redondo Beach" site) in order to
provide coverage in the "Redondo' area generally located between the Puget Sound through
Dash Point Road from 21st Ave SW through Des Moines. See attached coverage map.
The proposed facility will mount 6 antennas, 12 remote radio heads (RRHs), 2 surge suppressors,
and associated cables on a replaced Puget Sound Energy utility pole within the right-of-way.
Additionally, outside of the right-of-way is proposed a prefabricated equipment shelter, 20 kW
generator within a security -fenced compound. Screening landscaping around the compound will
be planted and maintained by New Cingular Wireless.
New Cingular Wireless received "Project Approval" through Use Process III for this proposal on
April 18, 2022. Notice of this application was mailed to residents / property owners within 300
feet of the proposal in addition to posting at the site at 29601 8th Ave SW. Comments were
received and consisted of: health, safety, property values, view reduction, and noise of generator.
The proposal is consistent with the comprehensive plan, applicable provisions of the Federal
Way Revised Code (FWRC), public health, safety, and welfare. This proposal is exempt from
SEPA.
The proposed franchise amendment covers the facilities located within the right-of-way.
Rev. 6/2019
May 2, 2022
Land Use and Transportation Committee
Amendment to New Cingular Wireless PCS, LLC Franchise Ordinance
Page 2
Removal of Two Locations from the Existing Franchise
This amendment includes removal of two existing macro wireless sites from the franchise. The
two sites include:
1) SS40 / Aquatic Center / 650 SW Campus Drive (Aquatic Center); and
2) WA677 / Steel Lake / 29859 16th Ave S (Steel Lake).
These two locations were inappropriately included in the original franchise ordinance. The
"Aquatic Center" site is located outside of the right-of-way within the city -owned BPA Trail
property. This location is subject to an existing lease (AG 01-121). The "Steel Lake" site is
located outside of the right-of-way within city -owned Sacajawea Park property. This location is
subject to an existing lease (AG 19-090).
ORDINANCE NO.22-
AN ORDINANCE of the City of Federal Way, Washington, granting
New Cingular Wireless PCS, a Delaware limited liability company, a
nonexclusive franchise amendment to occupy rights -of -way of the City of
Federal Way removing two sites and adding one new site to the list of
authorized sites. (Amending Ordinance No. 16-818)
WHEREAS, New Cingular Wireless PCS, a Delaware limited liability company
("Franchisee") has requested a franchise modification from the City of Federal Way, in order to
remove two sites and add one new wireless transmitting facility and related appurtenances to their
existing franchise agreement Ordinance 16-818; and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant
such a franchise amendment; and
WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive
franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires,
and appurtenances for transmission of signals and other methods of communications; and
WHEREAS, in granting such nonexclusive franchise, the City of Federal Way reserves such
powers and authorities granted to Washington code cities by general law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 16-818 EXHIBIT A LOCATIONS OF FACILITIES WITHIN
FRANCHISE AREA is hereby amended to remove sites SS40 / Aquatic Center / 650 SW Campus
Drive (Pages 24-25) and WA677 / Steel Lake / 29859 16th Ave S (pages 32-33);
Ordinance No. 22- Page 1 of 8
Rev 1/21
Section 2. In order to add a new location for facilities within the franchise area, Ordinance
16-818 is hereby amended to incorporate Exhibit A-1 as attached to this ordinance;
Section 3. Ordinance 16-818 Section 1.4 is replaced and superseded with the following:
1.4 "Facilities" means: Franchise's equipment to be located within the public right-of-way as
follows: (i) wireless communication facilities, including, but not limited to, electronic equipment,
radio transmitting and receiving apparatus, and supporting equipment to be located on a pole on a
certain public right of way, base station transmitting cabinets, radio frequency antennas and locating
antennas, (ii) underground fiber telecommunication lines or similar lines, and (iii) any appurtenances
necessary to connect the lines or similar lines to the existing switched telephone network all as
shown on Exhibit A as amended and Exhibit A-1.
Section 4.Ordinance 16-818 Section 1.6 is replaced and superseded with the following:
1.6 "Franchise Area" means only that portion of the City owned or controlled rights -of -way
located in the City of Federal Way and shown in Exhibit A as amended and Exhibit A-1 attached
hereto (excluding privately owned property), and/or any other areas approved by the Federal Way
City Council and incorporated into this Ordinance via amendment.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
N
[signatures to follow]
Ordinance No. 22- Page 2 of 8
Rev 1/21
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.:
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted Franchise
Amendment and acknowledges that such rights and privileges are subject to and limited by all of the
terms, conditions and obligations contained therein.
DATED this day of , 2022
NEW CINGULAR WIRELESS, PCS, LLC,
A Delaware Limited Liability Company
By: AT&T Mobility Corporation
LN
Its:
Ordinance No. 22- Page 3 of 8
Rev 1/21
EXIIIBIT A-1
LOCATION OF ADDITIONAL FACILITIES WITHIN THE FRANCHISE AREA
See Corresponding Pages
SC2064 / Redondo Beach / 29601 8th Ave SW Vages 5-8
Ordinance No. 22- Page 4 of 8
Rev 1/21
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Figure B—Existing AT&T Coverage
Targeted Service Area BEFORE Addition of Proposed New Wireless Facility
4 Existing AT&T Site Location
Proposed New AT&T Site Location
= Current & Anticipated AT&T Coveragem
Q Target Area to Cover
Figure C—Projected New AT&T Coverage
Coverage AFTER Proposed AT&T Facility On-Air-55ft Antenna Tip Height
COUNCIL MEETING DATE: May 17, 2022 ITEM #: I'�
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PUGET SOUND ENERGY COMMERCIAL ELECTRICAL FACILITIES CONTRACT FOR TRAFFIC
SIGNALS
POLICY QUESTION: Should council authorize entering into an agreement with Puget Sound Energy to provide
electrical service connections for traffic signals?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 2, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Desiree Winkler, P.E. Ou'/- DEPT: Public Works
Attachments: 1. Staff Report
Options Considered:
1. Authorize execution of an agreement with Puget Sound Energy (PSE) to provide electrical
service connections for five (5) traffic signals and add $120,000.00 to Capital Project 202 from Fund 306
unallocated funds.
2. Do not approve the proposed agreement and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1,
MAYOR APPROVAL: L 4C YUf 2M- Ca t/��� DIRECTOR APPROVAL: `y4r—
�iT mirr .r '0 iv l , Inidal/Date
InitiaVDate 9-- Initial/Date
COMMITTEE RECOMMENDATION: "I move to forward Option 1 to the May 17, 2022 consent agenda for
approval."
Jack Dovey, Committee Chair Jack Walsh, Committee Hoang Tran, Committee
Member Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to
execute said agreement and the addition of $120, 000.00 to Capital Project 202 from Fund 306 unallocated
funds. "
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: May 2, 2022
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Ed Walsh, P.E., Public Works Director
Desiree S. Winkler, P.E., Deputy Public Works DirectorP
SUBJECT: Puget Sound Energy Commercial Electrical Facilities Contract for Traffic Signals
Financial Impacts:
This item was not included within the approved budget for the electrical service connection for
five (5) WSDOT traffic signals being assumed by the City as part of the Adaptive Signal Control
Project (202). As proposed, it will be funded by $120,000.00 of unallocated transportation capital
funds (Fund 306) comprised of Real Estate Excise Tax (REET), Motor Vehicle Fuel Tax (MVET),
and Traffic Impact Fees (TIF). Upon assumption of these five (5) traffic signals future costs will
be $20,000.00 per year due to ongoing costs associated with operations and maintenance. These
costs were already accounted for in the Streets Operations Budget FY 2022.
Background Information:
As part of the Adaptive Traffic Signal Control (ATSC) project, the city is assuming operations
and maintenance of five (5) WA State Department of Transportation (WSDOT) signals located
at:
1) Southbound I-5 / S 320t' Ramp Terminal
2) Northbound I-5 / S 320th Ramp Terminal
3) Southbound I-5 / S 348' Ramp Terminal
4) Westbound SR 18 at Enchanted Parkway Ramp Terminal
5) Enchanted Parkway and Milton Road Intersection
As part of the Agreement with WSDOT to assume these traffic signals, WSDOT required that
the electrical services be separated from the facilities that WSDOT will continue to operate and
maintain.
PSE will provide the electrical service connection to five (5) new service cabinets for
$110,*864.28. Staff is requesting authorization of up to $120,000.00 for this agreement to cover
any modifications once construction starts.
Rev. 6/2019
COUNCIL MEETING DATE: N/A
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: L-
SUBJECT: PROGRESS UPDATE ON SOUND TRANSIT PROJECTS IN FEDERAL WAY
POLICY QUESTION: None.
COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 2, 2022
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ® Other
STAFF REPORT BY: Ryan Medlen, Sound Transit Liaison _ DEPT: Public Works
Attachments: Staff Report
Options Considered: N/A
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL:
COMMITTEE RECOMMENDATION: N/A
N/A
couneil
InaiaNDaw
DIRECTOR APPROVAL:
InIMUDate
Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: N/A
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 2/2020
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
May 2, 2022
TO:
Land Use & Transportation Committee
VIA:
Jim Ferrell, Mayor
FROM:
EJ Walsh, P.E., Public Works Director
Ryan Medlen, Sound Transit Liaison 142
SUBJECT:
Progress Update on Sound Transit Projects in Federal Way
FINANCIAL IMPACTS:
IL40
BACKGROUND INFORMATION:
Staff will present the monthly progress update on the Sound Transit projects in the City of
Federal Way. Updates for this month include:
Federal Way Link Extension:
■ Wall construction, column work, and utility work, including new storm drain lines and
water line relocations, is taking place along the guideway at various sections next to I-5.
• The girder will be delivered to guideway bridge being constructed over Military Rd at I-5
near S 3041h St in mid -May. They have also recently done the concrete pour for the span
crossing 23rd Ave S.
• Utility installation and relocations have started in Federal Way Transit Center on Sound
Transit's property. The focus area is the immediate station vicinity as they plan to start
excavation for the footings of the station building this week. Utility work along 21 st Ave
S has started and expected to continue through mid -August.
■ Work on the capital for the column on the northside of S 320th St. starts in early May.
Lanes on S 320`h have been modified to accommodate the formwork while keeping all
travel lanes open.
OMF South:
■ No update since the March LUTC meeting.
Tacoma Dome Link Extension:
The draft environmental impact statement (DEIS) was expected to be released in Spring,
2022. That is no longer expected to happen. At this time, staff does not have a firm
timeline on when the DEIS will be released for public review and comment.
COUNCIL MEETING DATE: N/A ITEM #:_
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: REPORT ON SHOPPING CART PROGRAM
POLICY QUESTION: N/A
COMMITTEE: LUTC
MEETING DATE: May 2nd 2022
CATEGORY:
❑ Consent ❑ Ordinance
❑ Public Hearing
❑ City Council Business ❑ Resolution
® Other
STAFF REPORT BY: Scott Sj2roul, Buildin Official
DEPT: Community Development
Attachments: Staff Report
Options Considered: None. This item is for information only.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: UP N/A
DIRECTOR APPROVAL:-&v-
C rttiin Council
!rtitipllOatc Initial/Date
COMMITTEE RECOMMENDATION: N/A
PROPOSED COUNCIL MOTION: N/A
(BELOW TO BE COMPLETED BY CITY CLERK'S qELICE
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:
May 2nd 2022
TO:
LUTC
VIA:
Brian Davis, Community Development Director
FROM: Scott Sproul, Building Official
SUBJECT: Shopping Cart Program
History:
The Police Department originally had volunteers picking up carts throughout the City and
returning them to the local businesses. The abandoned cart problem worsened, the volunteers
retired, and stores had no incentive to retrieve carts that were abandoned throughout the city. It
was then decided that the City needed an ordinance for abandoned shopping carts. Late in 2018,
the City Council passed the shopping cart ordinance which went into effect in January 2019.
Process:
The shopping cart program (and graffiti abatement) is staffed by two staff members. The City
uses a pickup truck and a small trailer that holds about 14 carts. The most common way staff
becomes aware of abandoned shopping carts is by daily monitoring common hot spots,
especially 320th and along Pacific Hwy. They drive all major streets, retrieving carts along with
their other duties such as removing graffiti and picking up signs in the right-of-way. The other -
way staff is notified is by citizen complaint -- through the app Eyes of Federal Way, phone line,
or email. City staff does not enter private property to retrieve shopping carts without consent of
the owner. City staff works with property owners who have done a camp clean up and have
removed large amounts of carts from private property.
Several stores have contractors who also retrieve carts in the City. The private contractors mostly
drive Pacific Hwy to retrieve the stolen shopping carts. The private contractors typically work
about two to three days a week retrieving carts mostly for Target and Walmart.
Fees:
All shopping carts that are picked up by the City are assessed an impound fee of $25.00 per cart.
Notices are sent each month and they have 14 days to pay. If the fine is paid, then the business is
able to retrieve the carts from the impound yard. Early in this process many of the businesses did
not have the ability to come and retrieve the paid impounded carts. As a result, the City came up
with a way to return carts for a fee of $59.00 for up to 16 carts returned. Businesses who don't
pay the impound fee or request return are assessed an additional disposal fee. Metal carts are
then taken to the local salvage yard, and the salvage fee is collected and returned to the City, and
plastic carts are disposed of to the landfill.
Following is the code adopted for the Shopping Cart Program:
Federal Way Revised Code:
7.25.010 Purpose and applicability.
(1) A purpose of this chapter is to provide for the prompt retrieval of lost, stolen or abandoned
shopping carts in order to promote public safety and improve the image and appearance of the
city. It is a further purpose of this chapter to have the owners and operators of businesses
providing shopping carts use the means available to them to deter, prevent or mitigate the
removal of shopping carts from their business premises, and to retrieve any carts that may be
removed despite these efforts. It is a further purpose of this chapter to prevent the illegal removal
of shopping carts from the business premises, to prevent the continued possession of illegally
removed carts, and to prevent the accumulation of illegally removed carts on public or private
properties.
(2) Applicability. This chapter shall apply to all shopping carts in the city of Federal Way.
7.25.020 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Unless defined otherwise here, the definitions of FWRC 1.05.020 shall control.
"Owner" means the owner or retailer identified by an identification sign on a shopping cart or,
in relation to a shopping cart without an identification sign, the retail establishment that makes
available that shopping cart for customers to use.
"Retail establishment" means any business that makes available shopping carts for customers of
the business to use regardless of whether such business is advertised or operated as a retail or
wholesale business, and regardless of whether such business is open to the general public, is a
private club or business, or is a membership store.
7.25.030 Identification signs.
Each shopping cart offered or provided for customers to use shall have an identification sign
affixed to it in accordance with RCW 9A.56.270(2), as now enacted or hereafter
7.25.040 Impoundment and fees.
(1) Impoundment of shopping carts. The city may immediately impound an abandoned shopping
cart on private land within the city with the consent of the party in possession of the land and
may immediately impound an abandoned shopping cart on public land within the city.
(2) Notification. The city shall notify the owner of each impounded shopping cart in writing if
the shopping cart has an identification sign as required by FWRC 7.25.030. The director may
establish by rule a process for owners to register a preferred method of notification. If delivered
by U.S. mail, the notice shall be deemed to have been received three days after mailing.
The notice shall state the amount of the impound fee and that the owner has 14 days from the
date of receipt to retrieve the shopping cart. The notice shall also state that if the shopping cart is
not retrieved within 14 days, the city may dispose of the shopping cart.
(3) Impound fee. The city shall charge a shopping cart impound fee to the owner of each
abandoned shopping cart impounded by the city, unless the fee is eligible for deferral. Each
shopping cart impounded by the city shall constitute a separate violation. The shopping cart
impound fee shall be per the fee schedule maintained by the city clerk. .
(4) Fee deferrals. The city shall defer impound fees for the first three impounded shopping carts
within any calendar month owned by any retail establishment that, prior to the impoundment, has
implemented security measures as defined in FWRC 7.25.050. The city shall defer no impound
fees for a particular retail establishment in a calendar month if four or more shopping carts from
that retail establishment are impounded within that calendar month.
7.25.050 Security measures.
(1) Security measures are methods to prevent removal of shopping carts from or to return them to
the premises of the retail establishment including, but not limited to:
(a) Electronically activated self -braking wheels; or
(b) Poles mounted to shopping carts or other physical barriers that prevent removing the
shopping carts from the interior of the retail establishment; or
(c) Utilization of a shopping cart patrol and retrieval company who recovers shopping carts
on behalf of the retail business within a two-mile radius of the contracting retail
establishment no fewer than two times per week; or
(d) Security personnel dedicated to cart control and retention; or
(e) Other measures deemed appropriate and effective by the director.
7.25.060 Disposition of unclaimed shopping carts.
The city may summarily dispose of shopping carts impounded by the city that are either not
retrieved within 14 days following the receipt of notification or without an identification sign. If
the city disposes of a shopping cart, the city may assess the owner with a disposal fee in addition
to the impoundment fee. The shopping cart disposal fee shall be per the fee schedule maintained
by the city clerk.
Shopping Cart Program
History:
The Police Department originally had volunteers picking up carts throughout the City and
returning them to the local businesses. The abandoned cart problem worsened, the volunteers
retired, and stores had no incentive to retrieve carts that were abandoned throughout the city. It
was then decided that the City needed an ordinance for abandoned shopping carts. Late in 2018,
the City Council passed the shopping cart ordinance which went into effect in January 2019.
Process:
The shopping cart program (and graffiti abatement) is staffed by two staff members. The City
uses a pickup truck and a small trailer that holds about 14 carts. Staff has hot spots that they
monitor daily such as 312"'/Pacific Hwy, 320/Pacific Hwy. The most common way staff
becomes aware of abandoned shopping carts is by daily monitoring common hot spots,
especially Pacific Hwy near 312th and 320th. They drive all major streets, retrieving carts along
with their other duties such as removing graffiti and picking up signs in the right-of-way. The
other way staff is notified is by citizen complaint -- through the app Eyes of Federal Way, phone
line, or email. City staff does not enter private property to retrieve shopping carts without
consent of the owner. City staff works with property owners who have done a camp clean up and
have removed large amounts of carts from private property.
Several stores have contractors who also retrieve carts in the City. The private contractors mostly
drive Pacific Hwy to retrieve the stolen shopping carts. The private contractors typically work
about two to three days a week retrieving carts mostly for Target and Walmart.
Fees:
All shopping carts that are picked up by the City are assessed an impound fee of $25.00 per cart.
Notices are sent each month and they have 14 days to pay. If the fine is paid, then the business is
able to retrieve the carts from the impound yard. Early in this process many of the businesses did
not have the ability to come and retrieve the paid impounded carts. As a result, the City came up
with a way to return carts for a fee of $59.00 for up to 16 carts returned. Businesses who don't
pay the impound fee or request return are assessed an additional disposal fee. Metal carts are
then taken to the local salvage yard, and the salvage fee is collected and returned to the City, and
plastic carts are disposed of to the landfill.
Following is the code adopted for the Shopping Cart Program:
Federal Way Revised Code:
7.25.010 Purpose and applicability.
(1) A purpose of this chapter is to provide for the prompt retrieval of lost, stolen or abandoned
shopping carts in order to promote public safety and improve the image and appearance of the
city. It is a further purpose of this chapter to have the owners and operators of businesses
providing shopping carts use the means available to them to deter, prevent or mitigate the
removal of shopping carts from their business premises, and to retrieve any carts that may be
removed despite these efforts. It is a further purpose of this chapter to prevent the illegal removal
of shopping carts from the business premises, to prevent the continued possession of illegally
removed carts, and to prevent the accumulation of illegally removed carts on public or private
properties.
(2) Applicability. This chapter shall apply to all shopping carts in the city of Federal Way.
7.25.020 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Unless defined otherwise here, the definitions of FWRC 1.05.020 shall control.
"Owner" means the owner or retailer identified by an identification sign on a shopping cart or,
in relation to a shopping cart without an identification sign, the retail establishment that makes
available that shopping cart for customers to use.
"Retail establishment" means any business that makes available shopping carts for customers of
the business to use regardless of whether such business is advertised or operated as a retail or
wholesale business, and regardless of whether such business is open to the general public, is a
private club or business, or is a membership store.
7.25.030 Identification signs.
Each shopping cart offered or provided for customers to use shall have an identification sign
affixed to it in accordance with RCW 9A.56.270(2), as now enacted or hereafter
7.25.040 Impoundment and fees.
(1) Impoundment of shopping carts. The city may immediately impound an abandoned shopping
cart on private land within the city with the consent of the party in possession of the land and
may immediately impound an abandoned shopping cart on public land within the city.
(2) Notification. The city shall notify the owner of each impounded shopping cart in writing if
the shopping cart has an identification sign as required by FWRC 7.25.030. The director may
establish by rule a process for owners to register a preferred method of notification. If delivered
by U.S. mail, the notice shall be deemed to have been received three days after mailing.
The notice shall state the amount of the impound fee and that the owner has 14 days from the
date of receipt to retrieve the shopping cart. The notice shall also state that if the shopping cart is
not retrieved within 14 days, the city may dispose of the shopping cart.
(3) Impound fee. The city shall charge a shopping cart impound fee to the owner of each
abandoned shopping cart impounded by the city, unless the fee is eligible for deferral. Each
shopping cart impounded by the city shall constitute a separate violation. The shopping cart
impound fee shall be per the fee schedule maintained by the city clerk.
(4) Fee deferrals. The city shall defer impound fees for the first three impounded shopping carts
within any calendar month owned by any retail establishment that, prior to the impoundment, has
implemented security measures as defined in FWRC 7.25.050. The city shall defer no impound
fees for a particular retail establishment in a calendar month if four or more shopping carts from
that retail establishment are impounded within that calendar month.
7.25.050 Security measures.
(1) Security measures are methods to prevent removal of shopping carts from or to return them to
the premises of the retail establishment including, but not limited to:
(a) Electronically activated self -braking wheels; or
(b) Poles mounted to shopping carts or other physical barriers that prevent removing the
shopping carts from the interior of the retail establishment; or
(c) Utilization of a shopping cart patrol and retrieval company who recovers shopping carts
on behalf of the retail business within a two-mile radius of the contracting retail
establishment no fewer than two times per week; or
(d) Security personnel dedicated to cart control and retention; or
(e) Other measures deemed appropriate and effective by the director.
7.25.060 Disposition of unclaimed shopping carts.
The city may summarily dispose of shopping carts impounded by the city that are either not
retrieved within 14 days following the receipt of notification or without an identification sign. If
the city disposes of a shopping cart, the city may assess the owner with a disposal fee in addition
to the impoundment fee. The shopping cart disposal fee shall be per the fee schedule maintained
by the city clerk.