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05-17-2022 Council Packet - Regular
CITY OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall - Council Chambers* *remote attendance option available via zoom May 17, 2022 - 6:30 p.m. The Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unable to attend in person: • Watch the meeting live via Zoom, Federal Way YouTube Channel, or FWTV Channel 21 (via Comcast) • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted in -person, via email here, or sign-up to provide live comments here • Zoom meeting code: 363 503 282 and passcode: 738163 CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MAYOR'S EMERGING ISSUES AND REPORT Report on recent events: o Farmer's Market Opening Day (5/7); HUB University Initiative Ribbon Cutting (5/13); Touch -a -Truck Event at the PAEC (5/14) Upcoming Community Events: o South King County Scholar Athlete Fund Silent Auction and Lunch on Saturday, May 21 at 10:00 a.m. — PAEC o African American/Black Community Quarterly Meeting — Thursday, May 26 at 6:30 p.m. — Council Chambers o Multi -Service Center (MSC) 21 st Annual Crab Feed & Auction on Saturday, June 4 at 5:30 p.m. TC3 Update — Consulting Team Selected via Architecture & Leland Consulting — Keith Niven, Planning Manager 4. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 5. PRESENTATIONS a. Proclamation: National Police Week May 11-17 b. Proclamation: Public Works Week May 15-21 c. Proclamation: Mental Health Awareness Month — May 2022 d. Recognition of Municipal Court Student Art Contest Winners — Judge Dave Larson and Judge Brad Bales e. Misdemeanant Probation Association (MPA) Probation Supervisor of the Year to Stacie Scarpaci — Judge Dave Larson and Judge Brad Bales 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Deputy Mayor & Regional Committees Report • Council President Report 7. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: May 3, 2022 Regular and Special Meeting Minutes b. Commute Trip Reduction (CTR) Program Agreement - King County c. Commute Trip Reduction (CTR) Program Agreement — SeaTac d. Authorization to Apply for King County Flood Reduction Grant e. South Dash Point Road Sidewalk Improvements — Project Acceptance f. RESOLUTION: Setting a Public Hearing Date of June 21, 2022 for the 2023-28 Transportation Improvement Plan g. Award On -Call Guard Rail and Concrete Barrier Services Contract h. Puget Sound Energy Commercial Electrical Facilities Contract for Traffic Signals i. Sacajawea Park - Puget Sound Energy (PSE) Easement for Guy Wires 8. COUNCIL BUSINESS a. RESOLUTION: S 320t" Street/21st Avenue S Crossing Feasibility Study Staff Report: Chaney Skadsen, Senior Planner The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 9. ORDINANCES First Reading a. Council Bill #824/ORDINANCE: Sidewalk Repair, Construction, and/or Reconstruction and Assessments 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. Staff Report: Desiree Winkler, Deputy Public Works Director Public Comment — 3 minutes each Council Bill #825/ORDINANCE: Amendment to New Cingular Wireless PCS, LLC Franchise AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING NEW CINGULAR WIRELESS PCS, LLC, 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) Staff Report: Desiree Winkler, Deputy Public Works Director Public Comment — 3 minutes each 10. COUNCIL REPORTS 11. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. CITY OF L%4�6� Federal Way PROCLAMATION "Police Week" WHEREAS, here are more than 800,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Federal Way Police Department; and WHEREAS, since the first recorded death in 1786, more than 23,000 law enforcement officers in the United States have made the ultimate sacrifice and died in the line of duty, including two members of the Federal Way Police Department; and WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, DC; and WHEREAS, 619 new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 472 officers killed in 2021 and 147 officers killed in previous years; and WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the National Law Enforcement Officers Memorial Fund's 34th Candlelight Vigil, on the evening of May 13, 2022; and WHEREAS, the Candlelight Vigil is part of National Police Week, which will be observed this year May 11-17; and WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their families and U.S. flags should be flown at half-staff. NOW THEREFORE, BE IT RESOLVED that the City of Federal Way will observe May 11-17, 2022, as National Police Week in Federal Way, and publicly salutes the service of law enforcement officers in our community and communities across the nation. SIGNED this 17th day of May. FEDERAL WA YMAYOR AND CITY COUNCIL Jim Ferrell, Mayor Linda Kochmar, Council President Susan Honda, Deputy Mayor Lydia Assefa-Dawson, Councilmember Erica Norton Councilmember Hoang V. Tran, Councilmember Jack Walsh, Councilmember Jack Dovey, Councilmember 4% CITY OF Federal Way PROCLAMATION "Public Works Week" WHEREAS, public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of Federal Way, Washington; and WHEREAS, these infrastructure, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, equipment operators, skilled labor and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation's transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and WHEREAS, it is in the public interest for the citizens, civic leaders and children in Federal Way, Washington to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and WHEREAS, the year 2022 marks the 62nd annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association be it now. NOW THEREFORE, BE IT RESOLVED that the City of Federal Way will observe May 15-21, 2022, as National Public Works Week in Federal Way, and urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, equipment operators, skilled labor, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life. SIGNED this 17th day of May. FEDERAL WA YMAYOR AND CITY COUNCIL Jim Ferrell, Mayor Linda Kochmar, Council President Susan Honda, Deputy Mayor Lydia Assefa-Dawson, Councilmember Erica Norton Councilmember Hoang V. Tran, Councilmember Jack Walsh, Councilmember Jack Dovey, Councilmember CITY OF s� Federal Way PROCLAMATION Mental Health Month - May 2022 WHEREAS, mental health is essential to everyone's overall health and well-being; and WHEREAS, all Americans experience times of difficulty and stress in their lives; and WHEREAS, prevention is an effective way to reduce the burden of mental health conditions; and WHEREAS, with early and effective treatment, those individuals with mental health conditions can recover and lead full, productive lives; and WHEREAS, mental health conditions are real and prevalent in our nation, and in our community; and WHEREAS, it is important to learn the symptoms of mental illness in order to get help when it is needed; and WHEREAS, every person can make a difference in helping end the silence and stigma that for too long has surrounded mental illness by promoting mental wellness and support prevention efforts; and WHEREAS, public education and civic activities can encourage mental health and help improve the lives of individuals and families affected by mental illness. NOW, THEREFORE, we, the undersigned Mayor and City Council of the City of Federal Way do hereby proclaim the month of May 2022 as Mental Health Month and call upon the community to increase awareness and understanding of the important of mental health, and support the need for accessible services for all people with mental health conditions. SIGNED this 17th day of May, 2022. FEDERAL WA YMAYOR AND CITY COUNCIL Jim Ferrell, Mayor Susan Honda, Deputy Mayor Erica Norton Councilmember Jack Walsh, Councilmember Linda Kochmar, Council President Lydia Assefa-Dawson, Councilmember Hoang V. Tran, Councilmember Jack Dovey, Councilmember COUNCIL MEETING DATE: May 17, 2022 ITEM #: 1 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the May 3, 2022 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution [] Other STAFF REPORT BY: Stephanie Courtne ,,;,City Clerk DEPT: Mayor's Office Attachments: Draft minutes for the May 3, 2022 Regular and Special Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date N/A CITY CLERK APPROVAL: Council Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CIT Federal Way CITY COUNCIL 1))UPST REGULAR MEETING MINUTES City Hall — Council Chambers* *remote attendance option available via zoom May 3, 2022 — 6:30 p.m. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:31 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. Councilmember Erica Norton participated remotely via Zoom. City staff in attendance: Interim City Administrator Brian Davis, City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. MAYOR'S EMERGING ISSUES AND REPORT e Report on Community Events Mayor Ferrell reported on the Federal Way National Little League Opening Day on and Parks Appreciation Day which both took place on Saturday, April 23. He thanked the many volunteers who helped beautify the West Hylebos Park and the Blueberry Farm Park. He was pleased to noted Dick's Drive -In has announced they will be opening their 9tn location in Federal Way; which is great news for the city and the downtown area. ■ Upcoming Events Mayor Ferrell reported on upcoming events in the community including the Thomas Jefferson High School ribbon cutting on Wednesday, May 11 at 5:00 p.m. and the HUB - Federal Way Higher Education Center Grand Opening on Friday, May 13 at 10:00 a.m. Parks Director John Hutton provided information on the upcoming Annual Touch -a -Truck event on May 14 at the Performing Arts and Event Center beginning at 11:00 a.m. He also noted there will be a sensory -free hour at the beginning of the event for children who are sensitive to loud horns and noises. He thanked the many partners including the Federal Way City Council Regular Minutes Page 1 of 9 May 3, 2022 Police Department, Public Works Department, FW Public Schools, Waste Management, the Military, South King Fire and Rescue, Lakehaven Utility District, and many other local businesses who support this family event. Mayor Ferrell noted the next African American/Black Community Quarterly meeting will be held at City Hall in Council Chambers on Thursday, May 26 at 6:30 p.m. He also noted the Federal Way Farmers Market Opening Day will be this Saturday, May 7 at 9:00 a.m. in the south parking lot at the Commons Mall. a Report on John N. Conna Trail Proposal Interim City Administrator Brian Davis noted the city had discussed a naming opportunity and after recent discussions with Ms. Barnett, a direct descendant of John Conna, the process will be widened to include public and city Commission input. He stated this discussion will start at the Parks Council Committee where public comments are welcome. Mr. Davis also the city is reviewing the policies of other cities and their process for honorary process, as provided by Ms. Barnett. Deputy Mayor Honda inquired to the process of naming a school and if staff might reach out to the school district for their process. 4. PUBLIC COMMENT Ken Blevens thanked those who attended a fundraising dinner and auction for the non-profit organization Stand -Up Federal Way. He noted the efforts are to work on the drug addicted homeless community and last weekend the group spent hours cleaning up Pacific Highway. He thanked the city for picking up and disposing of the more than 30 bags of garbage picked up. He would like to see the city be vigilant about maintaining encampments which have been cleared and cleaned up. Paul Morcos spoke in opposition to the proposed ordinance regarding fentanyl in public places He prefers a rehabilitative approach to arresting people. Geoffrev Tancredi thanked Stand -Up Federal Way group for the great clean-up work they did last weekend. He inquired as to the status of multiple businesses he believed to be locating in Federal Way including Kenworth, Smith Brothers and All City Fence. Mayor Ferrell and City Administrator Brian Davis provided an update on the new businesses mentioned, noting they are all in process. Gordon Ericksen, resident for 26 years, spoke in opposition to a rezone on South 304th Street. As he believes it will cause increased traffic issues in his neighborhood, he requested a traffic study. Mark Greene, resident, is concerned there are scientific studies being conducted on dead fetuses at the University of Washington. He requested Federal Way and the state legislature to ban this practice along with torturing animals in the name of science. Vivian Alexander, resident, spoke in opposition to Council Bill #821 related to public exposure of fentanyl. She would like to see further research conducted. Larry A Menzel spoke in opposition to rezoning a property on South 304th Street and 16th Federal Way City Council Regular Minutes Page 2 of 9 May 3, 2022 Avenue South. He does not believe the road can support more road traffic and requested both a traffic study and crime report for that area. Trenise Rogers, resident, spoke regarding the proposed recognition of Mr. John Conna. She referenced a conversation with Parks Director John Hutton and is pleased to hear the city has pivoted and will be starting this process with public input and the Conna family direct descendants' input. She looks forward to the process and congratulated Mr. Hutton on his 30- years of service with the city. Shawn McEneany spoke in opposition to the rezone request on South 304th Street which borders his property. Ann Blevens spoke in opposition to rezoning a green belt to allow for more apartment complexes. She asked Council to oppose this request. Mayor Ferrell asked Interim City Administrator Brian Davis contact individuals who spoke on the South 304th Street rezone request, as this request is not on the current agenda. Virtual comments: Maisha Barnett, great grand -daughter of John and Mary Conna, spoke in opposition to a proposal to rename a park trail after her ancestors. She asked that any proposal of recognition of her family include the descendants and public input. She looks forward to the process and working with the city and the community for an inclusive process. Ghanya Thomas, decent of John and May Conna, rejects the proposal to rename a trail after the Conna family. She asked to consider this proposal with the inclusion of the black community, the city's Diversity Commission, direct descendants, and the public to honor one of the first African American families in this area. Anthony Jenkins, resident of Grande Vista Estates in Federal Way, spoke in concern over a code compliance issue and ongoing neighbor concern. He asked for assistance in mitigating this issue regarding installation of a HVAC unit. Written comments received from Thea Oliphant Wells, Tirzah Idahosa and Felica Hudson were forwarded prior to the meeting to the Mayor and City Council; written comments were also uploaded to the city website. 5. PRESENTATIONS a. Proclamation: Childcare Provider Appreciation Day — May 6 Councilmember Tran read and presented the proclamation to Mercy Naw, Federal Way resident, who thanked the Mayor and Council for this recognition of teachers and childcare providers who have worked to support children and their families throughout this pandemic. b. Proclamation: Asian American and Pacific Islander Heritage Month — May 2022 Councilmember Norton read the proclamation and Deputy Mayor Honda presented the proclamation to Vice -President of the Peleese Siva Foundation Anoimalo Maui'a and Belina Byars. Ms. Maui'a thanked the Council and continues to work hard for the community. Federal Way City Council Regular Minutes Page 3 of 9 May 3, 2022 c. Proclamation: Older Americans Month — May 2022 Deputy Mayor Honda read and presented the proclamation to the Senior Advisory Commission members in attendance. Vice Chair Lana Bostic and the members of the Commission thanked the Council for their support and recognition of the senior community. d. Senior Advisory Commission Report Vice Chair Lana Bostic introduced the Commissioners who were present and provided a brief update on the projects the Commission is working. Their work has included a resource and service brochure available at City Hall and other locations throughout the city. She also noted they are planning a Senior Health and Resource fair for 2023 and thanked those who are working on supporting this event. Commissioner Catherine North and Commission Frank Fields also addressed the Council and shared this commission is of great benefit to the seniors and the community. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember Walsh expressed appreciation for the great attendance at Parks Appreciation Day; he reported the next Committee meeting will be May 10 at 5:00 p.m. in Council Chambers. Land Use/Transportation Committee (LUTC): Councilmember Dovey reported the next meeting of the commission will be June 6 at 5:00 p.m. in Council Chambers. He thanked the six individuals who spoke about the potential rezone and appreciates that people come forward to voice their opinions. Finance, Economic Development Regional Affairs Committee (FEDRAC): Councilmember Tran reported the next committee meeting is May 24. Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson reported there is no meeting currently scheduled. She is hoping to have a quorum in June. Deputy Mayor & Regional Committees Report: Deputy Mayor Honda congratulated Deanna Dawson who was announced as the first female CEO of AWC. She encouraged seniors and low-income families look into the Utility Tax Rebate Program through the city; the application period closes in May. The rebate can refund the tax portion of utilities for qualifying residents. She will be attending the SCA legislative de -briefing Friday, May 6 to discuss opportunities to partner in the future. Council President Report: Council President Kochmar also promoted the Utility Tax Rebate Program. She noted Mother's Day is Sunday and she asked everyone to reach out to those who no longer have a mother or who have lost a child to offer support. 7. CONSENT AGENDA a. April 19, 2022 Regular and Special Meeting Minutes b. Monthly Financial Report — March 2022 c. AP Vouchers 03/16/2022 — 04/15/2022 & Payroll Vouchers 03/01/2022 — 03/31/2022 d. Purchase of Concrete Mixer Drum Federal Way City Council Regular Minutes Page 4 of 9 May 3, 2022 e. Purchase of Parcel 2421039114 from King County Property Services Division for unopened Right of Way f. Prosecution Case Management Agreement with Karpel Solutions g. Proposed MOU Related to Structured Settlement of All Local Government Opioid Damages Claims h. Washington Learning Source — Interlocal Cooperative Purchasing Agreement Broadband Planning Study RFP Consultant Selection j. Additional Full -Time Community Development Office Tech 2 Position k. Interlocal Agreement to Share Peer Services with Des Moines Municipal Court COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A THROUGH K ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes 8. COUNCIL BUSINESS a. Parks and Recreation Commission Appointments Council President Kochmar noted she would abstain from voting as she did not attend the interviews. COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION: ARIEL PAULL TO VOTING POSITION #4 EXPIRING ON APRIL 30, 2025; DAVID BERGER TO VOTING POSITION #2 EXPIRING ON APRIL 30, 2025; SABRINA LEHMAN TO VOTING POSITION #1 EXPIRING ON APRIL 30, 2024; AND KAREN BRUGATO TO VOTING POSITION #7 EXPIRING ON APRIL 30, 2023; SECOND BY COUNCILMEMBER HONDA. The motion passed 6-0 as follows: Council President Kochmar abstain Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes b. Diversity Commission Appointments COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE DIVERSITY COMMISSION: GIN HOOKS TO VOTING POSITION #2 EXPIRING ON MAY 31, 2025; TRENISE ROGERS TO VOTING POSITION #6 EXPIRING ON MAY 31, 2025; AND TIRZAH IDAHOSA TO VOTING POSITION #3 EXPIRING ON MAY 31, 2024; SECOND BY COUNCILMEMBER DOVEY Federal Way City Council Regular Minutes Page 5 of 9 May 3, 2022 The motion passed 6-0 as follows: Council President Kochmar abstain Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes c. Human Services Commission Appointments Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING REAPPOINTMENT TO THE HUMAN SERVICES COMMISSION: GRACE SSEBUGWAO TO AN ALTERNATE POSITION EXPIRING ON JANUARY 31, 2025; SECOND BY DEPUTY MAYOR HONDA. COUNCILMEMBER DOVEY MOVED TO AMEND THE MOTION TO ADD THE APPOINTMENT OF DENISE YUN TO AN ALTERNATE POSITION THROUGH JANUARY 31, 2023. Councilmember Tran recused himself from this vote as he did not participate in the Human Services Commission interviews. Council President Kochmar restated she is also abstaining as she also did not participate in this process. Mayor Ferrell called for a second to the amendment. Hearing no second, the amendment died. The main motion passed 5-0 as follows: Council President Kochmar abstain Councilmember Tran recuse Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes d. WA State Historical Society Heritage Capital Projects Grant Parks Director John Hutton presented on an opportunity from the Washington State Historical Society Heritage Capital Project Grant to support the Brooklake Community Center Project. He noted the purpose of the grant program is to provide public access to history and support the capital needs of facilities and organizations that preserve and interpret Washington's history and heritage. Mr. Hutton reported on the two-phase preservation and restoration project for Brooklake Community Center. Phase I includes a structural assessment and design study; develop a plan to determine the resource requirements and potential scope of work needed for Phase II. Phase II would be the preservation and restoration of the Brooklake Community Center for ongoing public use. He addressed questions from the Council regarding the current state of the building and the required match for this grant. Mayor Ferrell also provided more information on the property and the transfer of ownership to the city. COUNCIL PRESIDENT KOCHMAR MOVED TO AUTHORIZE STAFF TO APPLY GRANT FOR THE GRANT AS PROPOSED; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 6 of 9 May 3, 2022 Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes 9. ORDINANCES Second Reading/Enactment a. Council Bill #821/Reckless Use of Fentan I in Public Spaces APPROVED ORDINANCE NUMBER 22-931 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PUBLIC EXPOSURE TO FENTANYL SMOKE AND ADDING NEW SECTION TO CHAPTER 6.35 FWRC. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER WALSH MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER DOVEY. Council discussed this ordinance and asked clarifying questions including the different between the current laws prohibiting smoking on a bus. City Attorney Call noted smoking is an infraction, not a citation; the idea is to provide the police the opportunity to immediately stop the reckless act. Councilmember Assefa-Dawson raised concerns this would be targeting a venerable population and would like to have assurance that offering rehabilitation services would be including in this process. Questions were also raised about jurisdiction of neighboring cities and bus lines. While this ordinance references public transportation, it also encompasses other public spaces. Additional Councilmembers voiced support of this ordinance to address a public health issue aiming to protect the innocent individuals in public places, from exposure to a very dangerous drug. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes b. Council Bill #822/ 2021 Various Code Amendments & Code CleanuplAPPROVED ORDINANCE NUMBER 22-932 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO VARIOUS AMENDMENTS TO TITLES 2 (GOVERNMENT), 14 (ENVIRONMENTAL POLICY), 18 (SUBDIVISIONS) AND 19 (ZONING AND DEVELOPMENT); AMENDING FWRC 14.10.040, 14.15.030, 18.10.010, 19.05.010, 19.05.040, 19.05.060, 19.05.130, 19.05.190, 19.55.010, 19.60.010, 19.65.010, 19.70.010, 19.70.100, 19.70.120, 19.80.050, 19.80.080, 19.80.170, 19.115.090, 19.125.060, 19.125.130, 19.195.180, 19.200.180, 19.260.055, 19.260.060, 19.265.010, 19.265.020; AND REPEALING FWRC 18.45.060. (AMENDING ORDINANCE NOS. 90-40, 90-41, 90-43, 90-631, 92- 133, 93-170, 95-245, 96-270, 96-271, 97-291, 99-333, 99-337, 00-375, 01-381, 01-382, 02-424, 02-426, 03-443, 04-468, 05-506, 06-515, 07-545, 07-554, 07-559, 07-573, 08- 585, 09-593, 09-604, 09-605, 09-594, 09-610, 09-631, 10-651,10-669, 10-678, 11-681, Federal Way City Council Regular Minutes Page 7 of 9 May 3, 2022 11-700, 12-713, 13-754, 14-760, 14-778, 15-797, 15-804, 17-834, 18-850, 18-852, 18- 844, 20-898, AND 21-921.) Interim City Administrator Brian Davis provided a slight update to both Council Bill #822 and Council Bill #823. He noted the effective date was incorrectly noted at first reading and is 30 days after passage and publication; which is the city standard for most ordinances. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. Councilmember Dovey thanked staff for the presentations on these very technical and complicated items. He believes these modifications are a good step for updating the processes. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes c. Council Bill #823/Modifications to Title 18, Subdivisions/APPROVED ORDINANCE NUMBER 22-933 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO CODE AMENDMENTS TO TITLE 18 (SUBDIVISIONS); AMENDING FWRC 18.40.050, 18.45.040, 18.45.050, AND 18.45.070. (AMENDING ORDINANCE NOS. 07-554, 97-291, 93-191, AND 90-41) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 10. COUNCIL REPORTS Councilmember Assefa-Dawson she appreciates the opportunity to share her concerns during discussions. She reported this week is Give Big Week for non -profits; she suggested those who can, reach out and give. She reported two scary instances in the last week regarding her sons safety and she is thankful he is safe; she encouraged everyone to reach out to those in their lives and have no regrets. Councilmember Norton spoke from Florida and wished everyone a happy Mother's Day. She shared she unfortunately lost her mother at a young age and is grateful for the years she had with her mother and her mother-in-law. Councilmember Tran offered condolences to Councilmember Norton and wished everyone a happy Mother's Day. Federal Way City Council Regular Minutes Page 8 of 9 May 3, 2022 Councilmember Walsh recognized Childcare Providers for all they do. He noted he lost his mother at the age of 103 and no matter the age, it is a hard loss; he truly appreciates mothers and especially his wife, the mother of his children. He is thankful for the civil discussions the Council has on issues even when they do not all agree. He also thanked the community for their input. Councilmember Dovey shared a story of his son signing up for recreation softball and being coached by young John Hutton; he thanked and congratulated the now Parks Director for his thirty years of service to this community. He highlighted the Utility Tax Rebate information can be found in the Senior Commission resource guide on page 40; he encouraged the community to look into this rebate program. He would like to see a discussion on ARPA funds and how they could be used to support childcare in the community. Deputy Mayor Honda reported on speaking to the Federal Way Historical Society and requested the Conna Family connect with the non-profit organization to share the history of the family for others to learn. She noted often times Federal Way history is difficult to find, as there is not actual historical downtown. She thanked Dick's Drive -In for choosing the locate in Federal Way. She requested an update on the former Weyerhaeuser property and what the public can expect to see as the property begins to be developed. Council President Kochmar encouraged the community to attend the opening day of the Federal Way Farmers Market on Saturday, May 7 in the Commons Mall parking lot. 11. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 8:45 p.m. Attest: Stephanie Courtney, CMC City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 9 of 9 May 3, 2022 CITY OF Federal Way CITY COUNCIL SPECIAL MEETING MINUTES City Hall — Council Chambers* *remote attendance available via zoom May 3, 2022 — 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:01 p.m. CRgPj. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. Councilmember Erica Norton participated remotely via zoom. City staff in attendance: Interim City Administrator Brian Davis, City Attorney Ryan Call, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. STUDY SESSION a. Joint Operations and Maintenance Facility Discussion Public Works Deputy Director Desiree Winkler provided background on previous presentations made to Council outlining the need for a joint Parks and Public Works Operations and Maintenance (O&M) facility. In May 2020 Council authorized staff to proceed with planning for a new O&M Facility; Helix Architects was selected as the consultant for this project. Ms. Winkler overviewed the process thus far including programing and criteria for site selection. Due diligence on potential property acquisition has been completed and she provided an update to Council on the final site selection and outline the next steps. Ms. Winkler reviewed the need for additional space and functionality noting the multiple inefficiencies currently: lack of space with equipment and material left uncovered and unprotected. She also reported in the past three years the current location has had 17 break-ins and over $250,000 equipment lost or damage. After reviewing the programing and the comparison to similar sized local jurisdictions, Ms. Winkler offered a base cost estimate of $32 million including design and permitting costs, onsite construction costs, and required frontage improvement costs; this estimate excludes any purchase of land. Federal Way City Council Special Minutes Page 1 of 2 May 3, 2022 She reviewed four potential sites that were studied and closely meet the programing criteria. Each site was overviewed with pros and cons highlighted. It was noted the fourth site studied is no longer available on the market and therefore cannot be considered. Councilmembers thanked Ms. Winkler for the information and her presentation. Clarifying questions were asked regarding the three available sites and if two smaller sites could be a possibility. Councilmembers also asked questions regarding the expantion of the current shop location (Site #1); and possibility of relocating park programming (fields and parks) to other locations if Site #2 was selected. Mayor Ferrell asked about the next steps. Some Councilmembers shared concerns over rising construction and land costs and the timing of this project should it continue to move forward. Deputy Public Works Director Winkler offered site visits to Councilmembers and noted following feedback from this meeting, the next steps would be to select a preferred site, finalize the site plan and then finalize financing. This item will be discussed at the next Land Use Transportation Committee meeting in June. 4. EXECUTIVE SESSION ® Potential Litigation Pursuant to RCW 42.30.110(1)(i) At 6:02 p.m. Mayor Ferrell announced the Council would recess to Executive Session for the purpose of Potential Litigation Pursuant to RCW 42.30.110(1)(i) for approximately 29 minutes. 5. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:15 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 May 3, 2022 COUNCIL MEETING DATE: May 17, 2022 ITEM #. 7b 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 h-SA _ DEFT: 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: Initial/Date 1W %% COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the May 17, 2022, consent agenda for approval. Committee Chair c alsh, Co mittee Member Hoang Tran, Committee Member *14POSED COUNCIL MOTION: "I moo to approve the the proposed agreement, and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CI_ ERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — ] 1/2019 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 Works_t_� AnthonAvery, Transportation Planner V ,. / 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 Is'Payment $4,333.50 September 30, 2021 2nd 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 Parry'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 Parry and for that purpose each Party 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 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. 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 Parry. 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 DEP a 6SlF METRO TRANSIT Ina r V'Uv�I l 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 Strateu 1: Prop -ram Administration Brief description Administer the program to meet WSDOT and City planning and implementation objectives and requirements. A. Administer the employer 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. Activities and outputs C. Administer, or assist the City with administering, state and City planning and contracting processes: 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 trackin and s stems for organizing -information. Potential issues and risks Outputs may be dependent on the actions of external organizations or other external factors; unresponsive sites. 2021 Commute Trip Reduction Program Agreement Between King County and the City of Federal Way Page 9of11 DocuSign Envelope ID: 830986F9-E467-41 CB-A355-9938C7DCE9DB Strategy 2. Employer Program Development, Engragement and Marketing Engage worksite ETCs with assistance, training, communications, resources, and information to operate successful programs. Train Brief description 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 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 Promotxans: 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 Plannin : 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 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 Strateay 3: Program lNleasurement and Reporting (S.uryev or Alternate and Emplover Program 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 Cit /WSDOT 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 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 #: " c 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: nth n Avery Trans _ortation Planner DEPT: Public Works - Traffic -- Y �. P _.._..... 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. _W% _ MAYOR APPROVAL: «.r[. '7/PLZ12 )- C(Ornwci I r F COUR61 Initial/Date Initial/Date DIRECTOR APPROVAL: ZoZz- Initu&Datr COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the May 17, 2022 consent agenda for approval. Chair na h. Committee Member Hoanf; Tran, mmittee Member PWPOSED COUNCIL MOTION: "I nLoVe to approve the proposed Agreement, 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 # CITY OF FEDERAL WAY MEMORANDUM DATE: April 11, 2022 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Director of Public Works' 01,4�-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 St Payment 2nd 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 5d' Payment $7,000.00 June 30, 2023** Total $33,333.33 * 3rd 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 8 h 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. 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 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 Strategy 1: Pro ram Administration Brief description Administer the program to meet state and city planning and implementation obiectives and reauirements. A. Administer the employer site registration and inventga 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 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 Activities and outputs planning and contractingprocesses: Perform general update and 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 Stratesv 2: Employer- Program Development. Fnga an went and Marketing Brief description Activities and outputs Potential issues and risks Page 11 Engage worksite ETCs with assistance, training, communications, resources, and information to operate 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 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 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 Strateav 3: Program measurement and reporting (survey or alternate and ern ploNrer program reports) Track and notify employers of surveying and reporting requirements, Brief description gather and manage survey and program report data, and provide technical assistance for and administration of measurement/reporting activities and 2rogram 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 city/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 #: 7d 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 -{v� DEPT: Public Works 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 RECOMMEND Ip\: Option 1. MAYOR APPROVAL: T DIRECTOR APPROVAL:7yyZ 9 iiiice In1hA?D.lC InitiaMa a 00V inilinlr aic COMMITTEE RECOMMENDATION: I move to forward Option Ito the May 17, 2022 Council consent agenda for approval. Ja k ove _ Co imittee hair a Walsh, Cn mittee Member Hoana Tran. Committee Member PRO SED COUNCIL MOTION: "I e 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 fty- 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 Estimated Cost (multiple Possible Grant Funds I City Match projects) Cold Creek Culvert Replacements and Channel Stabilization $3,300,000 Up to $5,500,000 ' Up to $1,500,000 $700,000 Rev. 6/2020 COUNCIL MEETING DATE: May 17, 2022 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S DASH POINT RD SIDEWALK IMPROVEMENTS — PROJECT ACCEPTANCE ITEM #. 7e 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 Manger ri, 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. MAYOR APPROVAL: � 4 DIRECTOR APPROVAL: �8�20'Cz I- C Initial/Date COMMITTEE RECOMMEND ION: I move to forward Option 1 to the May 17, 2022 consent agenda for approval. f ` J ck vt_v. Co imitt& Chair Jac alsh, Committee Member Hoang Tran, omlrlittee Member PR�Y&ED COLWfL MOTION: "I Ii o6 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 — I/2022 RESOLUTION # 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 Direetor� Christine Mullen, P.E., Engineering Manager 911 SUBJECT: S Dash Point Rd Sidewalk Improvements — Project Acceptance Financial Impacts: 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. Back -!!round 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 #. 7f 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 ,� 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: DIRECTOR APPROVAL: z--, m LLCr Chou it6 EmitimMate Initial/Date 17 im�t )ace COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the June 21, 2022 consent agenda for Approval. ' " Jack tovey, Committee h f �k ' ZK/ 31sh, Hoang Tran, 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: FROM: SUBJECT: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Directory Rick Perez, P.E., City Traffic Engineer Resolution Setting a Public Hearing Date for the 2023-28 Transportation Improvement Plan Financial Impacts: None. 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 1 of 2 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 COUNCIL MEETING DATE: May 17, 2022 ITEM #: / g 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. r MAYOR APPROVAL: CTOR APPROVAL: y In a]/Date COMMITTEE RECOMMENDATION: "I move to forward Option 1 to the May 17, 2022 consent agenda for approval. " I Chair k Walsh, Cornmittee Member Huang Tran, Committee Member PROPOSED COUNCIL MOTION: "I movxward of the On -Call Guard Rail and Concrete Barrier Services Contract to Petersen Brothers, Inc., tht 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 # 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 Desired S. Winkler, P.E., Deputy Public Works Director 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. Backttround 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 30 LF 119.17 3,575.10 277.10 8,313.00 Plan C-20.10-06 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 TOTALI 1 21,112.671 1 444, 913.00 COUNCIL MEETING DATE: May 17, 2022 ITEM #: 7h 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. 4 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: T DIRECTOR APPROVAL: .......�� r .,�m•l / InitiaUDate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: "I move to forward Option I G I zz(/Z — appr gal. ck Dovey, Committee Chair //ack Walsh,' -Commit Member to the May 17, 2022 consent agenda for Hoang TWn, Co e 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: EJ Walsh, P.E., Public Works Director Desiree S. Winkler, P.E., Deputy Public Works Director SUBJECT: Puget Sound Energy Commercial Electrical Facilities Contract for Traffic Signals Financial Im acts: 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 3201 Ramp Terminal 2) Northbound I-5 / S 320t' Ramp Terminal 3) Southbound I-5 / S 348th 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: May 17, 2022 ITEM #: 71 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Sacajawea Park - PSE Easement for Guy Wires POLICY QUESTION: Should the City grant an easement to Puget Sound Energy to place guy wires for power poles on City Parks Department managed property so the Pacific Highway S Non -Motorized Corridor Project can be constructed as designed? COMMITTEE: PRHSPS MEETING DATE: May 10, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen, Parks De u Director DEPT: Parks Attachments: 1. Staff Report 2. 1401 S Dash Point Rd - Anchor Only 3.2022 (4.26) -- SAC Non -Motor Trail - Power Pole Guy Wire 4. SAC - PSE Easement - Guy Wire - Reference map & picture Options Considered: 1. Approve the proposed easement. 2. Do not approve proposed easement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVA QJOOCV.DIRECTOR APPROVAL: itle' faun Init llDate Itut allClute0or Ini[ial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed easement to the May 17, 2022, consent agenda for approval. Committee Chair Committee Member Committe em er PROPOSED COUNCIL MOTION: "I move approval of the proposed easement. BELOW TO -BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 26, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor Brian Davis, Interim City Administrator FROM: Jason H. Gerwen, Parks & Facilities Deputy Director SUBJECT: Sacajawea Park - PSE Easement for Guy Wires Financial Im acts: There is no financial impact to the City for the Puget Sound Energy (PSE) power pole guy wire easement and there will be no future costs upon completion of the power pole easement. Back round Information: The City of Federal Way Public Works Department is working to construct the Pacific Highway S Non -Motorized Corridor Project. This expansion will necessitate relocating utilities, requiring PSE to move two power poles within the Right -of -Way (ROW). The power poles will stay in the ROW with the relocation, but the guy wires supporting the poles will land on the edge of Parks Department Property in Sacajawea Park, necessitating an easement. The granting of the easement for the power pole guy wires on to City Parks Property will have no impact on the park's current uses or functions. Rev. 7/18 RETURN ADDRESS: Puget Sound Energy, Inc. PO Box 970341 EST-06W Bellevue, WA 98009-9734 Attn: ROW Department I PT EASEMENT REFERENCE #: GRANTOR (Owner): CITY OF FEDERAL WAY GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: Por. of SE05, 21 N, 04E ASSESSOR'S PROPERTY TAX PARCEL: 052104-9016 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY OF FEDERAL WAY, a Washington municipal corporation ("Owner" herein), hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below, a nonexclusive perpetual easement over, under, along across and through the following described real property (the "Property" herein) in King County, Washington: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: AN EASEMENT AREA TEN (10) FEET IN WIDTH HAVING FIVE (5) FEET OF SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF PSE'S FACILITIES AS NOW CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE EAST FIFTEEN (15) FEET OF THE ABOVE DESCRIBED PROPERTY. 1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove or upgrade one or more guy wires, anchor poles and anchors together with any and all necessary or convenient appurtenances thereto. PSE shall have the right of access to the Easement Area over and across the Property to enable PSE to exercise its rights granted in this easement. Owner shall be entitled to compensation for damage to the Property caused by the exercise of such right of access by PSE. 2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE's sole judgment, interfere with or create a hazard to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed, removed or disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber (if any) cut and removed from the Property by PSE. PSE Anchor Easement 2022 101140779 / RW-125685 Page 1 of 4 4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owner's use of the Property. 5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent. 6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the negligence of others. 7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement Area. 8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns. DATED this day of PSE Anchor Easement 2022 101140779 / RW-125685 Page 2 of 4 20 OWNER: CITY OF FEDERAL WAY, a Washington municipal corporation By: (name) Its: (title) STATE OF WASHINGTON } SS COUNTY OF } On this day of .20. , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person(s) who signed as of CITY OF FEDERAL WAY, a Washington municipal corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Notary seal, text and all notations must be inside 1" margins PSE Anchor Easement 2022 101140779 / RW-125685 Page 3 of 4 EXHIBIT "A" LEGAL DESCRIPTION APN: 052104-9016 (PER SPECIAL WARRANTY DEED NUMBER 9102200672, DATED JANUARY 2, 1991, KING COUNTY, WASHINGTON RECORDS) SE % OF NE % OF SE % OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., LESS COUNTY ROAD. ALSO, PORTION OF NORTH/2 OF NE % OF SE % OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., LYING SOUTH OF COUNTY ROAD, LESS COUNTY ROAD. PSE Anchor Easement 2022 101140779 / RW-125685 Page 4 of 4 ' BFDJH>°EN� R�!lTIVJIL' CITY Or Federal VIIay Centersd nn c) orlunfly 333258THAVE6 FEDERAL WAY, WA 08003 PHONE: (2m)) 835-POO WNN-CITYOFFEUERALWAY COM 0 16TH AVE S Mn r z-OR CON`�TRUC i ,ON N( ff DRAFTED. J ONG DESIGNED: P-IUSTLER w� 'T REVIEWED: S BATTLE w�n.•xnRAPPROVED: R LEIMKUHLER ��,' uem • •�[ri •� � as 4 � -`E—I- �____1'1 '11' � IV I� Iwil r: ry74 NEW STORM PIPE CROSSES UNDER AT&T FIBER LINE. BASED ON POTI IOLE INFO FROM AT&T THE NEW PIPE IS IIgT IN C17NFLICT LVTNATkTFMP- COMTRACT'ON ANTIND""Y FWREN rIBEyj PI L1NF If E7ii'V6ET1 TIDN, DRAWING VERSION / REVISION LOG LEGEND —��— EXISTING RIGHT-OF-WAY v-- PROPOSED RIGHT-OF-WAY v— TEMPORARY CONSTRUCTION EASEMENT BOUNDARY ------- - SAWCUT LIMITS, PAYMENT INCIDENTAL TO OTHER ITEMS — - cm FXTENT OF CLEAR a GRUBBING X x x x REMOVING CEMENT CONC CURB AND CURB AND GUTTER REMOVING ASPHALT PAVEMENT REMOVING CEMENT CONC SIDE'NALK `LX%I X_XX` SIGNING NOTE, SEE SIGNING TABLE ON SHEET SNo1 SITE PREPARATION NOTES r; REVxiANO FI—E, SEE GE —NOTE ABO IT PAYMENT 3 ; UTUtt cplE hV BEEN R¢OCA n BY veE LOMMCTW 1 G VF HEW IDCA- W 4: VIMITY mIEFA9 SEENREIDCA-E09Y WIEVI �RACTM To 111EN'LOGTO„ �5, cI55ERNCE CO„VECTO„HA69EEN LONFRED BY veE�Ac::Ut.•OOATE IEY.'cTlxN - rPE, coNmxc-alTo vExEr LOG -ION MJ MNMAN NYEIdE Llc. lA1tE RAVEN 10 AOAfi uAFAaiE UJ ro oRAOE `I� owin co„srRNcrrov _„+>E VAT„:nxE NA.vIio Luewu Ao+JSTLc„r vHV ECTEA sT'NG FENCE ' 0�'vRO�LT Ex.SiNG 1REE ;91 FMIR —S—C POLE ;to, icr u "I I' REVM^„J ENSTINL lsh=OYEReIN d41 _-SEo I F. IeNL ntl FM'UAi •[R IEYC.1ta Fkw� ]Ti/.Is+M^•eJMI 11 IaNv-/Itc vuN4JTRUFlc ww�„: ,lO A1x,Sf CItt TRAFFlL ¢EC 1 17OOM3E • II Anx1sT WBGAllON uo To rnnx GEN_ERALNOTES 1 PROTECT AND MAINTAIN ALL EXISTING- UTIUTIESUNLESSOTHERWISENoTsu 2 SEE SPFCIAL PROVISIONS FOR LIST OF UTILITYOWNERSMIOCONTACT INFORMATION 3 COORDINATE DIRECTLY WITH UTILITY OWNERS FOR TI PRO PARTY UTILITY ADJUSTMENTS A. SEE PAVEMENT MARK:NC PLANS FOR ADDITIONAL PAVEMEN F MARKING REMOVALS. 5 SEE PAVING PLANS FOR ADJUSTMENT FOR EX DRAINAGE INLETS AND MANHOLES TO CRUDE 8. SEE TRAFFIC SIGNAL PLANS FOR REMOVAL AND ADJUSTMENT OF SIGNAL RELATED STRUCTURES T SEE ILLUMI NATION PLANS FOR REMOVAL AND ADJUSTMENT OF LI GHTING RELATED STRUCTURES 8 SEE SHEET SNOI, SIGNING TABLE FOR ALL SIGN REMOVALS, RELOCATKINS AND NEW SIGNS 9. PAY?&7rt PFFT31 wavo4QFEI/C.E. 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BOUARDALIONG CENTER 'Or TRAIL IN 71PEA TO STA 47.95 Z1. 96,04'LT GUY WIRE HAS BEEN RELOCATED PROTECT AND MAINTAIN CONTRACTORTO BY PEE CONTRACTOR TO VERIFY 1 NEARBY UTILITIES- 1�0 -ETT AND MAINTAIN NFW lIX'ATION COMMS VAULT a 1 PROTET AND CMAINTAIN M COMS SLIDS ZAYOTOADJUSTLIDSTO �9 FQ Blame wR LTTI14TAl1.TIO11 5 N COORDINATE VITDI ZAYO TO i p W SCHEDULE ADJUSTMENT JJJ wz =STA 46•7397.2751'RT N1 FIL �r _-- 1 1 1 i G7 l ! r Q0 !iA 41.61.ii-16. �, r-S' r J rr aP Ir, LJ f 'STA 40.1132. 662E LT SAWCUT p135iMG PAYEY!'+f1 �7 '.B. ONfX%MQ PTTTE1.. ppgF �p{XZifir GUTTER l STA n.as3z.6.xR: 16TH AVE S - sTA4e 6BSB.Bar ` J p4 `yJNWG1YI EA6TTNR TMVFT41li 1sn7�XNAS9 LY'i 17FP'�TlRW \". �7 0111; OE Fillploo OUTTEN STA 411 ISB 03. m 97' RT STA 413•70 88. 33 75 R yo h� 1 Q , r � 1 1 Q0 Ir 1 4 f O 1 y !2 1 1 CM OF � DRAFTED: J o"c Federal Way ��'�.►'ny"�r DESIGNED: P KASTLER Centered On Opportunity REVIEWED- S BATTLE 333266THAVES FEDERALWAY, WA B6003 PHONE: (2W)81S270B VWWI CITYOFFEDERALWAY CO M APPROVED: R LEIMKUHLER PHASE 2 - NOT IN THIS CONTRACT REDONDO WAY S LEGEND -- EXIS fI NO RIGHT-OF-WAY -- PROPOSED RIGHT-OF-WAY TEMPORARY CONSTRUCTION EASEMENT BOUNDARY ... -- SAWCUT LIMITS, PAYMENT INCIDENTAL TO OTHER ITEMS —..— EXTENT OF CLEAR B GRUBBING x X X x REMOVING CEMENT CONIC CURB AND CURB AND GUTTER I REMOVING ASPHALT PAVEMENT REMOVING CEMENT CONIC SIDEWALK SIGNING NOTE, SEE SIGNING TABLE ON SHEET EMIL SITE PREPARATION NOTES �11 RM(A1N: FENCE, SEE OENEiLL MOTE PBO 9PYr,T ]; UnUT' P',.E W9 xEH 9ELaGTEO BY PSE `4) lTUTY roJ; NPNM 9EL0' 0.1—N C NLTaR TUT£aiFY rEW LOGT'orl ;51 cxs 6ERN0E fgNIQCBON HA6 OEEN LONENEJ N}v5[TO xCCofwgSxTE rEW6'OMA n�F mnNAc-w rovEm�Y LouTwN �e; PAOT[cr AIO MNNTAm Nu+KxENw Lu�HsvN+ro ATumTMAMI0.E uoro aA.IE - OUANB CCNrt1ElCn0N COO Rv�II UKE W,V[x TO SO4'DIAE AyU'AINENT T,=�•IfCTF Itp TRTE (p� MiOTF�T EASING UTLIT'POIE ito) Nor usm f� RFMrPn.NO ExIa,INB TN_E UVEA S IN Bu.•4 "Ii NO'U6TD REMnANOPAJNTL',NE '<, RfMlMV9 PPMTEn fA099VALLKUNE i15 BEMv+[a 111T 13-1C1 1W f j�; —5-TY —FIC ELE_ BOx LID TO GNACE �l ]� NOTU-1 AD_USTIRNC4 UJTOG GENERALNOTES 1 PROTFCT AND MAINTAIN A! L EXISTING UTILITIES UNLESS OTHLowilETdTE1 2 SEE SPECIAL PROVSIONS FOR LIST OF UTILITY OWNERS AND CONTACT INFORMATION 3 COOROINATE DIRECTLY WITH UTILITY OWNERS FOR THIRD PARTY UTH ITY ADJUSTMENTS. 4. SEE PAVEMENT MARKING PLANS FOR ADDITIONAL PAVEMENT MARKING REMOVALS S SEE PAVING PLANS FOR ADJUSTMENT FOR EX DRAINAGE INLETS AND MANHOLES TO GRADE- 6, SEETRAFFIC SIGNAL PLANS FOR REMOVAL AND ADJUSTMENT OF SIGNAL RELATED STRUCTURES 7- SEE ILLUMINATION PLANS FOR REMOVAL AND ADJUSTMENT OF LIGHTING RELATED STRUCTURES S SEE. SHEET SNO1• SIGNING TABLE FOR ALL SIGN REMOVALS, RELOCATIONS, AND NEW SIGNS 9 PAYMENT FOR REMOVING FENCE, REMOVING CONCRETE STAIRS AND RATING, REMOVING STORMWATER FEATURES, AND REMOVING GUARDRAIL WALL ARE INCLUDED WITH REMOVAL OF STRUCTURES AND OBSTRUCTIONS SP06 DRAWING VERSION lREVISION LOG PACIFIC HWY S NON -MOTORIZED CORRIDOR ISHT 17 OA7� RfKSTOH - 16TH AVE S (S 304TH ST TO S DASH POINT RD) - PHASE 1 OF 60 SITE PREPARATION & TESC PLAN 1 36219 IPA Z-f -BFR-Iqwlzqr MR311W -re "�R . Lt, o6 BPI. 1k � rs 5 ,.` sacajaweaPaek f n 4 --- -- M itiCar �G2neraLE er e FeMra ay 3.1 k [78] 5r 3-star Hotel W �r .. .. ? ti, SiorS�uest r nW 16 C try ' N y* Google ,�"�' COUNCIL MEETING DATE: May 17, 2022 ITEM #: v a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 320TH STREET/21ST AVENUE S CROSSING FEASIBILITY STUDY POLICY QUESTION: Should the City Council authorize the use of up to $100,000 in funds currently appropriated for the Community Development Department Planning Division operating budget, as well as $200,000 in uncommitted funds from the Sound Transit Capital Fund, for a S 320th Street/21 st Avenue S crossing Feasibility Study. COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ® Resolution ❑ Other STAFF REPORT BY: Chaney Skadsen, Senior Planner DEPT: Community Develoyment Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Authorize the use of up to $100,000 in funds currently appropriated for the Community Development Department Planning Division operating budget, as well as $200,000 in uncommitted funds from the Sound Transit Capital Fund, for a S 320th Street/21 st Avenue S crossing Feasibility Study. 2. Do not approve such use of funds and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1. MAYOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: 02-� Initial/Date PROPOSED COUNCIL MOTION: "I move to approve the resolution authorizing the use of up to $100, 000 in funds currently appropriated for the Community Development Department Planning Division operating budget, as well as $200,000 in uncommitted funds from the Sound Transit Capital Fund, for a S 320th Street121st Avenue S crossing Feasibility Study. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE% COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 4 CITY OF FEDERAL WAY MEMORANDUM DATE: May 17, 2022 TO: City Council VIA: Jim Ferrell, Mayor Brian Davis, Community Development Director y FROM: Keith Niven, Planning Manager --_ Chaney Skadsen, Senior Planner �(..y YPL. SUBJECT: S 320th Street/21 st Avenue S Crossing Feasibility Study Financial Impacts: This item was not included within the approved 2021-2022 budget. The proposed feasibility study will make use of up to $100,000 in Community Development Department Planning Division funding currently in the operating budget. Funding in the amount of $200,000 will also be provided from utilizing a portion of the unused funds allocated by the City Council to Community Development from the Sound Transit Capital Fund (306-4400-000). No new funds will be required to complete the study. Bacieround Information: Given the width of S 320th Street and the volume of traffic utilizing this arterial street, the City is exploring options for successfully connecting pieces of the downtown for pedestrians and bicyclists. The opening of the Sound Transit Light Rail station in Federal Way will lead to redevelopment and increased densities and intensities of land uses near the new transit station. This increase in residents, employees, and visitors will help to make the downtown area more vibrant. In anticipation of increased pedestrian and bicyclists following the opening of the Sound Transit light rail station, a new signalized intersection is planned for S 3201 Street and 21s' Avenue S. The proposed 21" Avenue S signalized intersection will improve non -vehicular mobility across S 320' Street but will be a challenge for those with disabilities. As a potential replacement to this improvement, City staff have been exploring ideas for making the crossing of a 7-lane arterial a more enjoyable experience for a pedestrians and bicyclists. Rev. 6/2020 May 17, 2022 City Council S 320th Street/21 st Avenue S Crossing Feasibility Study Page 2 An elevated pedestrian bridge over S 320"' Street was evaluated, but it poses challenges for those with strollers or mobility limitations and numerous studies have shown that pedestrians will choose more direct pathways often bypassing an elevated bridge even if they are less safe. Another option would be to explore dipping S 320t" Street under 21" Avenue S. There are a number of factors that would need to be explored with this idea if the City wanted to pursue it to construction. Those factors include potential impacts to the street grid, possibly needing the construction of other local streets, the impacts to existing utilities (water, sewer, storm) in S 320t" Street, and potential impacts to adjacent private properties. But, if there are no fatal flaws connected with this idea, the City could further explore the creation of a truly iconic gateway feature for the downtown area. 4�7 . ot Support from the 2015 Comprehensive Plan 7.7 Goals and Policies CCG8 Develop land use patterns that will encourage less dependency on the single occupant automobile. CCG9 Provide a balanced transportation network that accommodates public transportation, high occupancy vehicles, pedestrians, bicyclists, automobiles, and integrated parking. CCG 13 Improve the flow of vehicular traffic through the City Center and minimize increases in congestion. CCG14 Promote and facilitate the effective use of non -motorized transportation. Create a safe, efficient, and enjoyable pedestrian and bicycle system. CCP15 Emphasize pedestrian and bicycle circulation, as well as other travel modes in all aspects of developing the City Center transportation system. Include public sidewalks, street trees, and other pedestrian amenities for streets. CCP21 Encourage transit use by improving pedestrian and bicycle linkages to the existing and future transit system, and by improving the security and utility of park -and -ride lots and bus stops. CCP22 Establish clear and well -marked pedestrian crossings to reach transit facilities and other uses at a maximum spacing of 660 feet. CCP24 Continue to improve the pedestrian/bicycle circulation along South 320th Street and Pacific Highway South. May 17, 2022 City Council S 320th Street/21 st Avenue S Crossing Feasibility Study Page 3 CCP25 Continue to focus transportation investments to support transit and pedestrian/ bicycle -oriented land use patterns. CCP30 Integrate bicycle and pedestrian facilities with, and connect to, high capacity transit facilities during right-of-way acquisition and facility design. CCP39 Continue to build a multimodal transportation system, as described in Chapter 3, "Transportation," so that people who live and work in Federal Way have a variety of convenient low -or no -emission transportation options. 7.8 Implementation - 2015-2035 Actions • Potentially construct the pedestrian overpass across 320th Street, and build phase one of the City Center pedestrian mall. • Continue to pursue public -private partnerships for desired redevelopment, with city investment in public open space, public parking, and/or public infrastructure leveraging substantial, catalyzing redevelopment projects. • Continue to plan for and develop parks and public spaces within the City Center. Options Considered 1. Approve the resolution to authorize the use of up to $100,000 in funds currently appropriated for the Community Development Department Planning Division operating budget, as well as $200,000 in uncommitted funds from the Sound Transit Capital Fund, for a S 320th Street/21st Avenue S crossing Feasibility Study. 2. Do not approve the resolution and provide direction to staff. Mayor's Recommendation: The Mayor recommends authorizing the use of City Council appropriated funds for Downtown Planning and unspent funds assigned to the Community Development Department for a S 320th Street/21 st Avenue S crossing feasibility study, as presented. RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, authorizing the use of City Council appropriated funds in the Community Development Department Planning Division operating budget, and uncommitted funds from the Sound Transit Capital Fund, for a S 3201n Street/21St Avenue S crossing Feasibility Study. WHEREAS, the City Council of the City of Federal Way,, Washington seeks to explore opportunities to catalyze redevelopment to provide a safe, accessible, and vibrant City Center; and WHEREAS, the City of Federal Way City Center -Core zone is designated a Regional Growth Center; and WHEREAS, the Regional Growth Center is expected to attract robust population and employment growth consistent with the Growth Management Act, VISION 2050, PSRC Regional Growth Strategy, Countywide Planning Policies, and the City of Federal Way Comprehensive Plan; and WHEREAS, the Federal Way Link Extension Sound Transit Station is located in the City's Regional Growth Center on the northside of South 320th street; and WHEREAS, the Federal Way Link Extension is scheduled to open in 2024 connecting Federal Way to the region to the north; and WHEREAS, the opening of the Federal Way Link Extension will lead to redevelopment, increased density, and increased intensity of land uses near the new transit station; and WHEREAS, South 320th Street is a 7-lane arterial bisecting the Regional Growth Center and creating a barrier to pedestrian and bicycle mobility; and Resolution No. 22- Page I of 4 WHEREAS, the City of Federal Way seeks to study design options for the intersection of S 320th Street/21st Avenue S crossing to improve pedestrian and bicyclist experience; and WHEREAS, the City seeks to capitalize on an infrastructure investment to revitalize the City Center, provide a gateway to the City, and promote placemaking; and WHEREAS, the City Council desires a recognizable City Center; and WHEREAS, the City Council desires a City Center that is a regional destination; and WHEREAS, the City's Comprehensive Plan provides many Goals and Policies that support this level of funding commitment; and WHEREAS, the City has determined that studying the feasibility of design alternatives to crossing S 320th and connecting large segments of the City Center will benefit the community and will facilitate redevelopment consistent with the City's Comprehensive Plan of the downtown. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Authorization. Up to $100,000 of funds appropriated in the current Community Development Department Planning Division operating budget, and $200,000 in uncommitted funds from the Sound Transit Capital Fund (306-4400-000), are hereby appropriated and authorized to fund a Feasibility Study to explore a crossing strategy for S 320th Street, proximate to 21 st Avenue S. The City shall evaluate a grade -separated crossing in this location and how that may impact the local street network though updated modeling. Section 2. Budget Reqppropriation. If approved by the City Council, this appropriation will be included in the up -coming mid -year budget adjustment to be presented to the City Council in Resolution No. 22- • Page 2 of 4 June. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 17th day of May 2022. [signatures to follow] Resolution No. 22- Page 3 of 4 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 22- Page 4 of 4 COUNCIL MEETING DATE: May 17, 2022 ITEM #: 9a 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: Desired S. Winkler, P.E., Deputy Director DEPT: Public Works _Y Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1, MAYOR APPROVAL: Initial/Date Iz$ I Zoz.z- COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on May 17, 2022. FIRST READING OF ORDINANCE (MAY 17, 2022): '7 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 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 "1•l— Desired S. Winkler, 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. Backaround 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 1 of 4 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) Repair, reconstruction and/or construction by responsible person. If repair, reconstruction and/or construction of a sidewalk is necessary in the city's determination, and such maintenance, re air 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 sixiy days of notification by the city, either: Ua) Perform the necessary repair, reconstruction and/or construction at their own expense, or h Submit a written request to the director of public works or designee asking that the city undertake the necessary repair, reconstruction and/or construction at the expense of the responsible person. If the director of public works or designee, upon receiving such a request, determines that the city 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 city for all Ordinance No. 22- Page 2 of 4 actual engineering and construction costs incurred by the city in performing the required work on behalf of the responsible person. 2 Re air reconstruction and/or construction by order of'ciU council and assessnieFrt o fcosts. If a responsible person does not timely complete either of the actions identified in_FWRC 4.40.024(1), or if the responsible person and the city do not execute a reimbursement agreement within thirty days of recent of a written request for the city to undertake the necessary work, then the director of public works or designee may report the same to the_city council. If upon receiving such report, the city council deems the proposed repair, reconstruction and/or construction is necessary or convenient for the public health, safety or welfare, the city council may order such work to be done pursuant to the procedures established in Chapter 35.68, 35.69 or 35.70 RCW. The cost of such work shall be assessed upon the abutting propeny owner sL accordance with Chapter 35.68 35.69 or 35.70 -RCW. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 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 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 COUNCIL MEETING DATE: May 17, 2022 ITEM #: 9b 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: Desired 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: inisiul ©aic COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on May 17, 2022. Jack Dovev, Committee Chair Jac Wals , C ittee Member How- Tran. .vmmittec 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 `� crr� FROM: Desired S. Winkler, P.E., Deputy Public Works Director&�\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 21 st Ave S W 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, LLC, 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, LLC, 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 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: Franchisee'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 20 [signatures to follow] Ordinance No. 22- Page 2 of 8 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 Its: Manager Its: Ordinance No. 22- Page 3 of 8 EXHIBIT A-1 LOCATION OF ADDITIONAL FACILITIES WITHIN THE FRANCHISE AREA See Corresponding Pages SC2064 / Redondo Beach / 29601 8th Ave SW pages 5-8 Ordinance No. 22- Page 4 of 8 Rev 1 /21 0 LIM DogcFwlmm Mr— l� *41�T .911 n, 9P' yli S� KW, W faT4i V{ +T111 IQT1i91{ YI ILH. 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