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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: Q WATCH: Click Here to Watch Online Live Streaming Video of the Meeting ® ZOOM: Watch from the Zoom mobile app with meeting: 809 975 640 and passcode: 595617 CALL IN: Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 809 975 640 C PUBLIC COMMENT: Public Comment may be submitted in -person, via email here, or sign-up to provide live 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 Between the City of Federal Way and the City of SeaTac Page 7 of 12 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 Between the City of Federal Way and the City of SeaTac Page 8 of 12 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 Between the City of Federal Way and the City of SeaTac Page 10 of 12 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 «o®ani@i oyo�yo,{ ,�yq� 11iQ M. 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INFINIGYI FROM ZERO TO INFINIGY 7 7�­ 4 1 C6-ADOO If_ �Uy 51il `✓..A FA LOCAiIC11 15180616 SIZE E55 I HTHA ESW FEDERAL —y WA— REDC='9EAoC.H ..;PRUFUSLD LLLVAI IUN •• ELEVATIONS 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.