Council PKT 04-16-2013 Regular� �Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
April 16, 2013
7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Proclamation: National Day of Prayer — May 2nd ... page 3
b. Proclamation: Barbershop Harmony Days — May 3�d and 4th ... page 4
c. Certificate of Appointment: Diversity Commission
d. Certificate of Appointment: Human Services Commission
e. Recognition of City Volunteer Commission, Committee and Board Members
f. Mayor's Emerging lssues
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PR/OR TO SPEAKING.
When recognized by the Mayor, come forward to the podium and state your name for the record.
Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three
minutes, relate negatively to other individuals, or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed be/ow have been previously reviewed in theirentirety 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: April 2, 2013 Special and Regular City Council Meetings... page 5
b. S. 356th Street Regional Detention Facility — 100% Design and Authorization to
Bid... page 13
c. Authorization to Submit Grant Funding Application to WSTSC... page 15
d. Nautilus '12 Neighborhood Traffic Safety Project — S. 305th Street... page 17
e. Mark Twain Elementary Safe Routes to School — Final Acceptance... page 20
f. 2013 Asphalt Overlay Change Order... page 22
g. 'S. 32Oth Street at 20th Ave. S. Intersection Improvements — Bid Award... page 25
The Council may add items and take action on ifems not listed on the agenda.
h. 21 st Ave. SW at SW 336th Street Intersection Improvements — Bid Award... page 33
i. DDD Interiocal Contract — Respite... page 43
j. Landscape Bid Award... page 64
6. PUBLIC HEARING
a. Selection Process — 2013 Amendments to the Federal Way Comprehensive
Plan... page 67
� Staff Presentation �
• Public Comment
• Council Action
7. COUNCIL BUSINESS
a. Olympic View ' 12 Neighborhood Traffic Safety Project — Westway... page 84
b. 2013 Planning Commission Work Program... page 89
8. ORDINANCES
First Reading:
a. CB# 622 Speed Limit Revisions... page 98
An Ordinance of the City of Federal Way, Washington, Relating to Speed Limits;
Amending Federal Way Revised Code 8.30.040 ,
b. CB# 623 Amendinq FWRC Title 6"Public Safetv and Welfare" ... page 108
An Ordinance of the City of Federal Way, Washington, f?elating to Criminal Law
Update; Creating a New Section in Chapter 6.50 FWRC "Public Officers," amending
FWRC 6.50.020 "Public Office Defined,"amending FWRC 6.10.030, "Statutes Adopted"
and repealing FWRC 6.10.030.
9. COUNCIL REPORTS
10. MAYOR REPORT
11. ADJOURNMENT
The Council may add items and take action on items nof listed on the agenda.
, •:•�
.;:;.
CITY OF
,.,,'� Federal tNa
Y
PROC�AMA TION
"National Day ofPrayer"
WI3EREAS, on April 17, 1952, the Congress of the United States approved
the Joint Resolution to provide for setting aside an appropriate day as a
National Day of Prayer (Public Law 82-324; 66 Stat. 64); and
WHEREAS, the Governor of the State of Washington has proclaimed a Day
of Prayer in Washington State on 1VIay 2, 201�; and
WHEREAS, the history of our nation is indelibly m�rked with the role that
prayer has played in the lives of individuals anc� the nation; and
WI�EREAS, historically our greatest leaders have turned to prayer in times
of crises ancl thanksgiving; and
WHEREAS, the virtues of prayer reflect a common bond; hopes and
aspirations, sorrows and fears, remorse ar�d renewed resolve, thanks and
joyful praise and love;
NOW, THEREFORE, we, the undersigned Mayor and City Council of the
City of Federal Way, do hereby proclaim May 2, �018 as the National Day of
Prayer in the City of Federal Way, in keeping with the wishes of the State of
Washington and the Congress of the Unitecl �tates, and encourage all
residents to join in this special observance.
SIGNED this I6'� day of�Ipri� 20I3
FEDERAL WA YMAYOR AND CITY COUNCIL
_
Skip Pries� Mayor Ji�n Ferrel� Defivity Mayor
Jeanne Burbidg� Councilmember
Dini Duclos, Councilmember
Kelly Maloney
;•'�;;.
: �::t�
Bob Celski, Councilmember
Susa�z Honda, Councilmember
Diana Noble-Gulliforc�
Councilmember
;;;,:�
,:��,; ,;.
� CITY OF
'�....- F�deral VVay
PROCLAMAT�ON
"Barbershop Hu�mony Days in Fede�al Way"
W�IEREAS, Four-part men's quartet singing was a feature of the musical scene in America in the early
1900's and became a staple of the Chautauqua Circuit and other entertainment venues from 1890
through the 1920's; and
WHEREAS, the Society for the Preservation and Encouragement of Barbershop Quartet Singing in
America was formed in 1988, eventually becoming the Barbershop Harmony Society and is now
celebrating its 75��' year in the United States and tku oughout the world; and
WF-IEREAS, although originating in the United States, quartets and choruses have performed in many
different countries, bringing the message of peace, harmony and good fellowship; and
WHEREAS, The Federal Way Harmony'Kings have called Federal Way home for over fifty years, with
the Jet Cities Sweet Adeline Chorus and the Mid-day Melody Me.n having joined them in the
cornmunity; and
WHEREAS, These choruses, anel quartets have often been heard perforniing at civic functions in the
area and frequently brir�g joy with their sin�ing to many elderly and infirmed in nursing homes ancl
adult care centers, providing entertainment to young and old al'ike; and
WHEREAS The Federal Way Har:mony Kings, to�ether with the Bellevue Northwest Sound
Barbershop Choruses, are sponsoring the Western Washington Barbershop Quartet and Chorus
competition, in Federal Way on 1VIay 3�d & 4th, 2013 including sponsoring a local High School A
Cappella contest; and -
NOW, THEREFORE, we, the undersigned Mayor and City Council of the City of Federal
Way, do hereby proclaim May 3�� & 4th as "BARBERS�-IOP HARMONY DAYS IN
FEDERAL WAY"; and encourage all residents to join in the celebration of this wonderful art
form.
SIGNED this I6�° day offl�ry'iI, 201:3
F'ED�RAL WAYMA YOR AND CITY COUNCIL
Skip Pries�, Mayor
Jean�ze Burbidge, Corencidmember
Di�zi Duclos, Corcneilmembtr
Kelly lblaloney
�' ;��;
v:�.��
Jim Ferrel� Deputy Mayor
Bob Celski, Councilmember
Susan Honda, Corancilmember
Diana IVoble-Gzilliforc�
Corcncilmember
.-`:
�;,;�
COUNCIL MEETING DATE: April 16, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
ITEM #:
POLICY QUESTION: Should the City Council approve the draft minutes of the April 2, 2013 Special and
Regular City Council Meetings?
COMMITTEE: N/A
CATEGORY:
� Consent
❑ City Council Business
�■
Ordinance
Resolution
MEETING DATE: N/A
❑ Public Hearing
❑ Other
STAFF REPORT BY: Carol McNeill Ci Clerk DEPT. Human Resources
..............._..._..._�..........._....................._.................._.........._...---.................................._...Y..z............._�3 ......................................................................._...................._...................................................._..........._...._..........�.._ _ ___.......---- _...................---......................_..- ---................
Attachments:
Draft minutes from the April 2, 2013 Special and Regular City Council Meetings.
Options Considered:
l. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A
Committee Council
COMMITTEE RECOMMENDATION: N/A
CITY CLERK APPROVAL:
Inihal
Committee Chair Committee Member Committee Member
PROPOSED COiJNCIL MOTION: "I move approval of the minutes as presented. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) _
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLEDNEFERRED/NO ACTION Enactment readiug
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
CITY OF
� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEfTING
Council Chambers - City Hali
April 2, 2013
5:00 p.rn.
www. cityoffederalway. com
1. CALL MEfTING TO ORDER
Mayor Priest called the meeting to order at 5:00 p.m.
City officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Kelly
Maloney, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember
Bob Celski, Councilmember Diana Noble-Gulliford and Councilmember Dini Duclos.
City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
Motion: Councilmember Celski moved to amend the agenda by postponing the
Soundview Manor Preliminary Plat and deleting Executive Session. Councilmember
Duclos second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble-Gulliford Yes
Councilmember Duclos Yes
Motion carried 7-0
2. COMNIISSION INTERVIEWS - 5:00 p.m.
• Human Services Commission
The Council interviewed two applicants seeking appointment to the Human
Services Commission.
• Diversity Commission
The Council interviewed two applicants seeking appointment to the Diversity
Commission.
3. SOUNDVIEW MANOR PRELIMFNARY PLAT - 5:45 p.m.
A motion was made at the beginning of the meeting to amend the agenda and postpone this
item.
City Council Minutes — April 2, 2013 Special Meeting Page 1 of 2
4. EXECUTIVE SESSION
� Dnlon�'..I I iF'n�+4inn r��ir ��.+r+4 4�+ C�f \A/ A7 'Z!1 �'I!1/'LiLi1
The Council did not adjourn to Executive Session. A motion was made at the beginning of the
meeting to amend the agenda and delete this item.
5. ADJOURNMENT
Deputy Mayor Ferrell adjourned the meeting at 6:16 p.m.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes — April 2, 2013 Special Meeting Page 2 0, f 2
CITY OF
,'�.� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
April 2, 2013
7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:00 p.m.
City officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Kelly
Maloney, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember
Bob Celski, Councilmember Diana Noble-Gulliford and Councilmember Dini Duclos.
City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Dick Mayer led the Pledge of Allegiance.
3. PRESENTATIONS
a. Volunteer Spotliqht - Caleb Dawson
Mayor Priest stated tonight's Volunteer Spotlight focuses on one of Federal Way's
outstanding young student leaders. He introduced State Representative and former City
Councilmember Linda Kochmar, who presented Caleb Dawson with a Resolution from the
Washington State House of Representatives in honor of his volunteer activities. Mayor
Priest presented Mr. Dawson with a letter signed by himself and the Council thanking him
for his volunteer and community activities. Mr. Dawson thanked Representative Kochmar
and the City Council for the recognition. He also thanked Advancing Leadership Youth for
their program.
Motion: Councilmember Celski moved to amend the agenda deleting item 6.c.
Soundview Manor Preliminary Plat because Council will take action when the
matter comes before them at a later date. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble-Gulliford Yes
Councilmember Duclos Yes
City Council Minutes — April 2, 2013 Regular Meeting Page 1 of S
Motion carried 7-0
b. Certificate of Achievement: Thomas Anderson
Mayor Priest stated a young Federal Way swimmer; Thomas Anderson recently broke the
Nationat Record for the 100-yard backstroke at the Western Regionals on March 16'h at
the King County Aquatic Center. Mr. Anderson not only broke the record, but he is the first
swimmer in the 13-14 year old age group to swim the 100-yard backstroke in under 49
seconds. Mr. Anderson and his mother Dana testified in Olympia in support of HB 1543,
which would preserve cities' ability to use Lodging Tax Revenues to support major tourist
events that support the local economy. Mayor Priest presented Mr. Anderson with a
Certificate of Achievement recognizing his accomplishments. Mr. Anderson expressed his
gratitude for the recognition.
c. Proclamation: National Dav of Service — April 9th
Mayor Priest stated the City is participating in the first Mayor's Day of Recognition for
National Service. There are two outstanding national service groups represented this
evening — AmeriCorps and Earthcorps. Mayor Priest read the proclamation into the record.
While on the topic of volunteers, Mayor Priest noted the Police DepartmenYs volunteer
shopping cart recovery team continues to do great work. In March the team picked up and
returned 386 shopping carts to locaf retailers. Their work makes a huge difference in the
community by keeping the sidewalks and parking lots clear of abandoned shopping carts
and local businesses are appreciative of the service.
d. Puqet Sound Reqional Council — Growinq Transit in Communities
The Puget Sound Regional Council (PSRC) is sponsoring an initiative entitled "Growing
Transit Communities." PSRC Senior Planner Michael Hubner presented information on
this item. The program is funded by a$5M Federal Grant. He indicated the intent of the
program is to capitalize on the ongoing $15B regional investment in high capacity transit.
He reviewed the major components of the 2011-2013 work program funded by the grant.
PSRC will be asking cites to enter into a voluntary compact, and subsequently more
detailed local implementation agreements. He indicated PSRC would like to come back to
Council to present additional information once the recommendations are adopted by the
Growing Transit Communities Oversight Committee. Mr. Hubner reviewed the Corridor
Action Strategies which will be released this month for public comment. More information
can be found on the project website www.psrc.orq/growth/qrowinq-transit-communities
e. Mavor's Emerqina Issues
French Lake Doa Park:
Parks, Public Works and Emergency Management Director Cary Roe provided
background information on the French Lake Dog Park. Since opening the Park, City staff
has facilitated meetings with residential neighbors to the North and Park Pals to discuss
neighbors' concerns. The City provides maintenance at the park and has made the
following improvements to the park:
• repaired and secured the perimeter fence;
• created a 20-foot wide planed buffer area;
• created a separately fenced srnall dog area;
• installed a fence around the existing pond to restrict access when pond water
quality is a concern;
City Council Minutes — April 2, 2013 Regular Meeting Page 2 of 5
installed five pet stations for use by park patrons;
resolved many drainage issues;
installed donated drinking fountain for park patrons and dogs.
Mr. Roe reviewed maintenance and operations that the City provides to the park.
The Council asked clarifying questions of Mr. Roe and discussed the option of filling the
pond at the park.
4. CITIZEN COMMENT
Joann Uqill, Park Pals President, stated the group is getting estimates from landscapers
on improving the pond.
Roy Parke commented on alleged City corruption and wrongful use of eminent domain.
Clara McArthur spoke in opposition to developing a PACC. She feels the issue should be
put to a vote of the citizens. She would like to see more consideration for the citizens who
pay the bills in the City.
Norma Blanchard commented on the Citizen Survey that was conducted in 2008. She
stated the number of respondents who support the development a PACC is minimal. She
feels the citizens should be able to vote on this issue.
Cindv Stanlev-Lee, General Manager of Commons Mall, spoke in support of developing a
PACC as it would benefit local performance groups who have to travel outside of the City
to host performances and would generate economic activity in the downtown.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members
and brought before full Council for approval. All items are enacted by one motion. Individual items may be
removed by a Councilmember for separate discussion and subsequent motion.
a. Minutes: March 19, 2013 Special and Regular Meetings
b. Monthly Financial Report — February 2013
c. Vouchers
d. Use Community Center Capital Reserve to Purchase Four New Spin Bikes
e. Amended and Restated Solid Waste Interlocal Agreement — Potential Adoption
Motion: Deputy Mayor Ferrell moved approval of Consent Agenda items 5.a. through
5.e. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble-Gulliford Yes
Councilmember Duclos Yes
Motion carried 7-0
City Council Minutes — April 2, 2013 Regular Meeting Page 3 of S
0
7.
COUNCIL BUSINESS
At their 5:00 p.m. Special Meeting the Council interviewed applicants seeking appointment
to the Human Services Commission and the Diversity Commission.
a. Human Services Commission Appointments
Motion: Councilmember Honda moved to appoint Jack Stanford to the Human
Services Commission to fill the remainder of an unexpired term of January 31,
2016. Councilmember Burbidge second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble-Gulliford Yes
Councilmember Duclos Yes
Motion carried 7-0
b. Diversitv Commission Appointments
Motion: Councilmember Honda moved to appoint Cheryl Carino-Burr to the
Diversity Commission to fill the remainder of an unexpired term of May 31, 2013
and appoint Jim Miranda as an alternate member with a term of May 31, 2016.
Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell
Councilmember Maloney
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Noble-Gulliford
Councilmember Duclos
Motion carried 7-0
Yes
Yes
Yes
Yes
Yes
Yes
Yes
c. Resolution: Soundview Manor Preliminarv Plat
A motion was made at the beginning of the rneeting to postpone this item.
COUNCIL REPORTS
Councilmember Duclos attended a RPC meeting where they received a presentation on the
proposed King County Parks and Open Space Levy. The King County Executive has
proposed submitting a six-year Parks Levy to the voters to replace two levies expiring in 2013.
The EMS Levy was also on the meeting agenda. The City of Kirktand was in opposi#ion to this
Levy; however; they are in discussions with King County to work out an arrangement. She
noted that she attended the Reach-Out Roller Mania fundraiser event.
Councilmember Noble-Gulliford reported she toured the SCORE Jail Facility on March 29�'.
On March 22"d she attended the Mirror Lake Elementary Cultural Fair.
City Council Minutes — April 2, 2013 Regular Meeting Page 4 of 5
Councilmember Celski attended an Earthcorps clean-up event at Dumas Bay Park. If you wish
to volunteerfor one of Earthcorps events you can sign up atwww.Earthcorps.orq. Lastweek's
Reach-Out Roller Mania raised awareness on the issue of homelessness, and raised $5,500.
in donations. He thanked all who were involved in making the event a success.
Councilmember Burbidge reported the Lodging Tax Advisory Committee will be reviewing the
Tourism Enhancement Grant applications at their meeting next week. She attended a TIB
meeting where they discussed the adoption of a new method of evaluating project
applications. She attended the Boys and Girls Club breakfast today. The Federal Way
Symphony has a concert this Sunday. Centerstage Theater is presenting a show that features
the works of Peggy Lee.
Councilmember Maloney attended the Boys and Girls Club Breakfastthis morning. Lastweek
she attended the Good Eggs Breakfast hosted by King County Councilmember Pete von
Reichbauer. She also attended the Reach-Out Roller Mania event.
Councilmember Honda reported on the Annual Municipal Court Arts Show. The deadline for
submissions is April 19th. The City will be hosting a Recycle Palooza event at the end of the
month. She attended the 58th Annual Lions Easter Egg Hunt this past weekend. The next
PRSHPS Council Committee meeting is April gm
Deputy Mayor Ferrell reported he attended the Boys and Girls Club Breakfast this morning.
8. MAYOR'S REPORT
Mayor Priest had no report.
9. EXECUTIVE SESSION
The Council and City Attorney did not adjourn to Executive Session.
10. ADJOURNMENT
Mayor Priest adjourned the meeting at 8:43 p.m.
Attest:
Carol McNeilly, CMC City Clerk
Approved by Council:
City Council Minutes — April 2, 2013 Regular Meeting Page S of S
COUNCIL MEETING DATE: April 16, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
_........ _..
SUS.IEC'r: South 356`" St Regional Detention Facility Retrofit Project 100% Design and Authorization to Bid.
POLICY QUESTION: Should the Council approve the South 356`" Street Regional Detention Facility Retrofit
Project 100% design and authorize staff to bid the project and bring the project bids back to LUTC and Council for
approval to award the bid to the lowest responsive, responsible bidder?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
MEETING DATE: April 1, 2013
❑ Public Hearing
Q` Other
STAFF REPORT BY: William Appleton, P.E., Surface Water Manager/J� DEPT: Public Works
---_ ............... .. ........................._......... ......
Attachments: Memorandum to Land Use and Transportation Committee dated April 1, 2013.
Options Considered:
1 Approve the South 356'}' Street Regional Detention Facility Retrofit Project 100% design and authorize
staff to bid the project and bring the project bids back to LUTC and Council for approval to award the bid
to the lowest responsive, responsible bidder.
2. Do approve the design and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 16, 2013 City Council
Consent Agenda for approval. .
MAYOR APPROVAL:
DIRECTOR APPROVAL: __ e� �� rn t
o���� Comminee council
COMM[TTEE RECOMMEKDATION: The Committee recommends forwarding Option 1 to the April 16, 2013 City
Council Consent Agenda for approval.
Bob Celski, Chair � i Jeanne Burbidge, Membi�r Diana
PROPOSED COUNCIL MOTION: "�ove to approve the South 356`�` Street Regional Detention Facility Retrofit
Project 100% design and authorize staff to bid the project and bring the project bids back to LUTC and Council
for approval to award the bid to the lowest responsive, responsible bidder. "
(BELOW TO BE COMPLETED BY ClTY CLERKS OFFlCE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED lsr reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE �
REVISED — 08/l2/2010 RESOLUTION #
DATE:
TO:
VIA:
FROM:
SUBJECT:
CITY OF FEDERAL WAY
MEMORANDUM
June 4, 2012
Land Use and Transportation Committee
Skip Priest, Mayor �� /�
'' U
Cary M. Roe, PE., Director of Parks, Public Works a d Emergency Management��;
William Ap�leton, P.E., SWM Manager �------
South 356 Street Regional Detention Facility Retrofit Project — 100% Design and
Authorization to Bid
BACKGROUND:
In June, 2012, Council authorized staff to proceed with final design of the South 356`�' Street Regional Detention
Facility (RDF) Retrofit Project, a project that is partially funded thru a$1,000,000 grant from the Department of
Ecology (DOE). The purpose of this project is to improve water quaility and flow incident to the headwater of
the North Fork of the West Hylebos, which is a salmon bearing stream. The project consists of a new combined
treatment wetland and detention pond, two bioretention areas, an emergency bypass system retrofitted to the
existing RDF, removal of imperviaus roadway surface, and extensive native plantings.
The project is now fully designed and all necessary permitting is complete. The project is within budget and
Staff is requesting authorization to bid. Staff will bring the project bids back to LUTC and Council for approval
to award the bid to the lowest responsive, responsible bidder. Upon Council acceptance of the completed
project, any surplus project funding would be returned to the SWM unallocated CIP accounts. Construction is
presently scheduled to begin in July of 2013.
PROJECT ESTIMATED EXPENDITURES:
Project Administration /Management
Design
Construction Costs
10% Construction Contingency
Construction Management
Monitoring
TOTAL PROJECT COSTS
AVAILABLE FUNDING:
Budgeted SWM Funds
DOE Grant
TOTAL AVAILABLE BUDGET
$20,000
$160,000
$1,158,000
$116,000
$41,000
$55,000
$1,550,000
650,000
$ I,000,000
$1,650,000
COUNCIL MEETING DATE: April 16, 2013
_ _ _ __... ___ ___.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: WA State Trafiic Safety Committee — School Zone Flasher Grants
ITEM #:
POLICY QUESTION: Should the City apply for grants through the Washington Traffic Safety Commission
(WTSC) to install school zone flashing beacons at Sacajawea Middle School?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
�■
Ordinance
Resolution
MEETING DATE: April 1,
2013
❑ Public Hearing
❑ Other
STAFF REPORT BY: Rick Perez, P.E., Cit Traffic En ineer DEPT. Public Works
Y .. . . � _ .... . ....... . ....... � _...__ ................._. ................._.............. _ . . .__._.....
Attachments: Land Use and Transportation Committee memorandum dated April lst, 2013.
Options Considered:
1. Authorize staff to submit the WTSC grant application to fund hardware component costs of up to $7,500
per school zone for installation of School Zone Flashing Beacons Systems at Sacajawea Middle School.
2. Do not authorize staffto submit the WTSC grant application and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 16, 2013 City Council
Consent Agenda for approvaL
MAYOR APPROVAL:
DIRECTOR APPROVAL: _('�l► _ Cy"��' �,.
Committee Council
COMM[TTEE RECOMMEPIDAT[ON: Forward Option 1 to the April 16, 2013 City Council Consent Agenda for
approval.
� ������ II ��
:•. — —
�
Member Diana No
r.
PROPOSED COUNCIL MOTION: "I move to authorize staff to submit the WTSC grant appdication to fund
hardware component costs of up to $7,500 per school zone for installation of School Zone Flashing Beacons
for Sacajawea Middle School. "
(BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DEN[ED lsT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances onlyj ORD[NANCE #
REV[SED — 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: April 1, 2013
TO: Land Use and Transportation Co mittee
VIA: Skip Priest, Mayor
FROM• Cary M. Roe, P.E., Director Parks, Pub ' Works and Emergency Management �
' Rick Perez, P. E., City Traffic Engineer �
SUBJECT: WA State Traffic Safety Committee — School Zone Flasher Grants
BACKGROUND:
The Washington Traffic Safety Commission (WTSC) has concluded from their own studies, that collision
rates and driver compliance with the 20 mile per hour school speed limit are improved when drivers are
given clear direction of when a school speed limit is in effect. The most effective way to accomplish this
consistent notification is with the installation of school zone flashing beacons ("Speed Limit 20 When
Flashing") assemblies rather than the subjective "Speed Limit 20 When Children Are Present". To help
road agencies adopt this change, the Commission created a grant program that provides up to $7,500 per
school zone for flashing beacon hardware components that are installed at elementary schools. The grants
also require that the City provide education materials and targeted enforcement at the added locations.
City staff has had a similar goal, and currently all but three eligible schools have school zone flashing
beacons installed. This year, WSTSC is extending this program to include middle schools. Thus the
schools eligible are:
• Adelaide (SW 304`h Street & 16`i' Avenue SW)
• Wildwood (S 300�' Street & 26�h Avenue S)
• Sacajawea (S Dash Point Road & 11"' Place S
Staff has evaluated the highest priority and most feasible school zones based upon traffic conditions and
power source availability for each location. Staff proposes to submit one grant application for Sacajawea
Middle School.
Total installation per school zone consisting of two beacons would cost between $15,000 and $20,000
with up to $7,500 reimbursable for flashing beacon hardware components. The adopted budget allocates
$20,000 for school safety improvements in the Neighborhood Traffic Safety Program.
The deadline for submittal of the grant applications is May 3, 2013 with successful applicants being
notified on June 17, 2013. Installations must be completed within 120 calendar days of grant approval.
cc: Project File
Day Eile
COUNCIL MEETING DATE: April 16, 2013
_ __. _ ___
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:�
_...__..... __ _..... __ _ .
SUBJECT: Nautilus NTS — S 305th St (4`�' Ave S to 8th Ave S)
POLICY QUEST[ON: Should the Council approve the installation of two speed humps on S 305`�' Street between 4�'
Avenue S and 8"' Avenue S?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
� Consent
❑ Ordinance
MEET[NG DATE: April 1, 2013
❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Rick Perez, P.E., City Trafiic En�ineer DEPT: _Public Works __�._ ........................................__................�.._............._
Attachments: Land Use and Transportation Committee memorandum dated April l, 2013.
Options Considered:
1. Authorize the installation of two speed humps on S 305` Street between 4 Avenue S and 8 Avenue S.
2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the April 16, 2013 City Council
Consent Agenda for approval.
MAYOR APPROVAL: ����,/��"� DIRECTOR APPROVAL: �
o ee Council Committee' Council
COMM[TTEE RECOMMEIYDATION:
approval.
r a�
1`
, , ��
` Bob Celski, Chair
Forward Option 1 to the April 16, 2013 City Council Consent Agenda for
�`�� ����2'y�d%,
�e, Member Diana No
PROPOSED COUNCIL MOTION: "I move approval of the installation of two speed humps on S 305`�` Street
between 4`�' Avenue S and 8t1i Avenue S. "
(BELOW TO BE COMPLET�'D BY CITY CLERKS OFFlCE)
COUNC[L ACTiON:
❑ APPROVED COUNCIL B[LL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REV[SED - 02/06/2006 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: April 1, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor '�� �
Ca M. Roe, P.E., Dire tor oflf'arks, Pub ' orks and Emergency Management�i
rY ��
FROM: �ck Perez, P. E., City Traffic Engineer %�
SUBJECT: Nautilus NTS — S 305r" Street (4`" Avenue S to 8`" Avenue S)
BACKGROUND:
Residents in the vicinity of S 305t" Street between 4`�' Avenue S and 8`�' Avenue S submitted a petition
requesting the installation of traffic calming devices to control vehicle speeds in an effort to improve vehicular
and pedestrian safety along S 305�' Street. A traffic study was conducted and the results are as follows:
• Roadway Classification : Local
• Average Daily Tra�c (ADT): 768
• 85`�` percentile speed: 31.3 mph
Based on the current adopted NTS installation criteria (per table below), S 305'i' Street scored 3.0 total severity
points. This meets the minimum 3.0 severity point to qualify for the installation of traffic calming devices.
Table: Local Street
Point 85th Percentile Average Daily Location 5-Year Collision Histo
Scale S eed Traffic ADT SchooUPark Total In'u Fatal
0.0 0- 25 0- 500 No 1 - -
0.5 26 - 27 501 - 600 Yes 2 - -
1.0 28 - 29 601 - 700 - 3 1 -
1.5 30 - 31 701 - 800 - 4 - -
2.0 32 - 33 801 — 900 - 5 2 1
2.5 34 - 35 901 — 1,000 - 6 - -
3.0 36+ 1,001+ - 7+ 3+ 2+
A neighborhood traffic safety meeting was held on January 31, 2013 to discuss potential traffic calming
devices that could be implemented on S 305`h Street.
To be effective in reducing speeds along S 305th Street and to improve vehicular and pedestrian safety, the
group consensus was to have the City install two speed humps on S 305`�' Street between 4`t' Avenue S and
8`n Avenue S near the following addresses:
a. 433 S 305`h Street
b. 619 S 305`" Street
Wildwood NTS
3/20/2013
Page 2
In accordance with established NTS policies, staff sent ballots to property owners and occupants within
600 feet of the proposed traffic calming device locations and also to those with the proposal located along
their sole access route. The following table summarizes the ballot results:
One of the installation criteria requires a 51% majority approval of the returned ballots. Based on the
ballot results represented in the above table, the balloting exceeds this majority.
The estimated cost of this project is approximately $7,500, which falls within the $15,000 per
neighborhood per year budget limitation policy. The current allocated NTS budget per year is $50,000
with $20,000 designated specifically for school NTS and/or school safety related improvements. Staff
recommends approving the installation of two speed humps on S 305�'' Street between 4th Avenue S and
8`i' Avenue S.
cc: Project File
Day File
K:\LUTC�2013\04-01-13 Nautilus'12 (YTS - S 305 St (4 Av S- 8 Av S).docx
COUNCIL MEETING DATE: April 16, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: J �
SUB.►ECT: Mark Twain Elementary School Safe Routes to School Project— Final Acceptance
POLICY QUESTION: Should the Council accept the Mark Twain Elementary School Safe Routes to School Project
constructed by NPM Construction Co. as complete?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
�
�,
Ordinance
Resolution
MEETING DATE: April 1, 2013
❑ Public Hearing
❑ Other
STAFF REPORT BY: John Mulkey, P. E., Street Systems Project Engineer "Jw"" ` DEPT: Public Works_ ___ __ _
_.... _.. __........
Attachments: Memorandum to the Land Use and Transportation Committee dated April 1, 2013.
Considered:
1. Authorize final acceptance of the completed Mark Twain Elementary School Safe Routes to School
Project constructed by NPM Construction Co. in the amount of $237,471.44 as complete.
2. Do not authorize final acceptance of the completed Mark Twain Elementary School Safe Routes to
School Project constructed by NPM Construction Co. as complete and provide direction to staff.
MAYOR'S RECOMMENDATION: The mayor recommends Option 1 be forwarded to the April 16, 2013 Council
Consent Agenda for approval.
MAYOR APPROVAL: DIRECTOR APPROVAL: � %1
, r,,.,...,: > r,.., Committee Council
COMMITTEE RECOMMEPIDATION: Forward Option 1 to the April 16, 2013 Council Consent Agenda for
Bob Celski, Chair
Jeanne
.
!,{. w /Z?��'
Diana Noble-Gulliford, Member
PROPOSED COUNC[L MOT[oN: ```I move to authorize fznal acceptance of the completed Mark Twain
Elementary School Safe Routes to School Project constructed by NPM Construction Co. in the amount of
$237,471.44 as complete.
(BELOW TO BE COMPLETED BY C/TY CLERKS OFFICE)
COUNCIL ACTIOIY:
❑ APPROVED COUNCIL BILL #
❑ DENIED isT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REV[SED — 02/06/2006 RESOLUTION #
DATE:
TO:
VIA:
FROM:
SUBJECT:
CITY OF FEDERAL WAY
MEMORANDUM
April 1, 2013
Land Use and Transpo at'o ommittee
Skip Priest, Mayor �'
Cary M. Roe, P.E., irector of Parks, Public Works and Emergency Management G�/%N�
John Mulkey, P.E. Street Systems Project Engineer ��i+M
Mark Twain Elementary School Safe Routes to School Project— Final Acceptance
BACKGROUND:
Prior to release of retainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The Maxk Twain Elementary School Safe Routes to School project contract with NPM
Construction Co. is complete. The final construction contract amount is $237,471.44. This is
$38,271.56 below the $275,743.00 (including contingency) budget that was approved by the City Council
on July 17, 2012.
cc: Projec[ File
Central File
K:\LUTC�2013\04-01-13 Mark Twain Elementary School Safe Routes to School project - Project Acceptance.doc
COLTNCIL MEETING DATE: April 16, 2013
CITY OF FEDERAL WAY
ITEM #: ��
CITY COUNCIL
AGENDA BILL
SUSJECT: 2013 Asphalt Overlay Project - Change Order
PoLICY QUEST�o1v: Should the Council authorize the addition of two new schedules to the 2013 Asphalt Overlay
Proi ect?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
STAFF REPORT BY: Marwan Salloum, P.E., Deputv Public Works
MEETING DATE: April 1, 2013
❑ Public Hearing
❑ Other
� p1': Public Works
Attachments: Land Use and Transportation Committee memorandum dated April 1, 2013.
Options Considered:
1. Authorize staff to add Schedule "F", City Hall parking lot pavement repair and Schedule "G",
Steel Lake Park pavement repair to the 2013 Asphalt Overlay Project contract with Tucci and
Sons, Inc. as a change order in the amount of $95,527.09 and approve a 10% contingency of
$9,552.00, for a total of $105,079.09, and authorize the Mayor to execute the change order.
2. Do not authorize staff to add Schedules "F" and "G" to the 2013 Asphalt Overlay Project and
provide direction to staff.
_ ............................................................. .. .
_ ..............................._........_............................._...................._................................................................................_.........................................._. ............................_..._......._..........._......_...._._.._......
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 16, 2013 City
Council Consent Agenda for approval.
MAYOR APPROVAL: �/. � DIRECTOR APPROVAL: � �
Commi Cc ici Committee Council
COMMITTEE RECOMMENDATION:
approval.
� ,� � i
\,� 1 � �
Bob Celski, Chair
Forward �ption 1 on the April 16, 2013 Council Consent Agenda for
Jeanne
�.
Diana
r
PROPOSED COUNCIL MOTION: `7mOve o authorize staff to add Schedule "F", Ciry Hall parking lot pavement
repair and Schedule "G ", Steel Lake ark pavement repair to the 2013 Asphalt Overlay Project contract with
Tucci and Sons, Inc. as a change order in the amount of $95,527.09 and approve a 10% contingency of
$9,552.00, for a total of $105,079.09, and authorize the Mayor to execute the change order. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFlCE)
COUNCIL ACT[ON:
� APPROVED COUNCIL BILL #
❑ DENIED lsr reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REV[SED — 02/06/2006 RESOLUT[ON #
DATE:
TO:
VIA:
FROM:
SUBJECT:
CITY OF FEDERAL WAY
MEMORANDUM
April 1, 2013
Land Use and Transportation Committee
Skip Priest, Mayor �� �
Ca M. Roe P.E. DirE�ctor oYParks Public Works and Emer enc Management
�' , , � g Y ��
Marwan Salloum, Deputy Public Works Director ���
2013 Asphalt Overlay Project — Change Order
BACKGROUND:
As part of the 2013 Carry Forward budget adjustments, the City Council appropriated some funding for the City
Hall parking lot pavement repair in the amount of $60,000 and the Steel Lake Park pavement repair in the amount
of $75,000.
The contractor for the 2013 Asphalt Overlay Project agreed to complete both of these projects as added schedules
using the same until prices from his bid. The City Hall parking lot pavement repair will be added as schedule "F"
and will be using the same unit prices from schedule "C", West Campus Office Park with the addition of the
mobilization line item to cover the contractor cost of over time for working on the weekend. The Steel Lake Park
pavement repair will be added as schedule "G" using the same unit prices from schedule "B", Adelaide Park, with
the addition of the mobilization line item to cover the cost of mobilizing equipment to the Steel Lake Park site
location. See attached cost breakdown for proposed schedules F and G.
ESTIMATED EXPENDITURES:
ADDED SCHEDULE
F
G
DESCRIPTION AMOUNT
City Hall parking lot pavement repair $ 36,863.12
Steel Lake Park pavement repair 58,663.97
Subtotal
10% Construction Contingency
ESTIMATED TOTAL COST
95,527.09
9,552.00
$105,079.09
AVAILABLE FUNDING:
The available budget for the 2013 Asphalt Overlay Project is $135,000.00 and is comprised of the following:
• City Hall parking lot pavement repair
• Steel Lake Park pavement repair
$ 60,000.00
75,000.00
TOTAL FUNDING AVAILABLE FOR THIS CHANGE ORDER $ 135,000.00
Therefore, staff recommends authorizing the addition of Schedule "F", City Hall parking lot pavement repair and
Schedule "G", Steel Lake Park pavement repair to the 2013 Asphalt Overlay Project to be constructed by Tucci
and Sons, Inc.
k:\lutc�2013\04-01-13 2013 Asphalt Overlay Project Change Order.doc
2013 Asphalt Overlay Proposed Schedules F and G Cost Break Down
Schedule F- City Hall Parking Pavement Repair
Item No. Item Descrintion
1 Moplllzatlon
2 Fla ers and S otters *
3 Other Traffic Control Labor *
4 As halUCement Concrete Sawcuttin *
5 Roadwa Excavation Incl. Haul '
6 CSTC for Pavement Re air & Roadwa
7 HMA Class 1/2" PG 64-22 for Pavement
8 Removal of Cement Concrete Gutter *
0
2 Fla ers and S otters "*
3 Other Traffic Control Labor "
4 As halUCement Concrete Sawcuttin *''
5 Roadwa Excavation Incl. Haul "*
6 CSTC for Pavement Re air & Roadwa
7 HMA Class 1/2" PG 64-22 for Pavement
8 Paint Line *'`
9 Plastic traffic Arrow `"
'` Schedule "C" unit bid price
"' Schedule "B" unit bid price
H
0
ing, Incl. Haul''`
r & Roadwav Wideninq *`
�]
64
4
3812
87
12
180
1
88
8
6497
130
100
250
1000
5
Unn
LS
HR
HR
LF
HR
HR
LF
CY
TN
TN
LF
n
��
� ��
: ��
� ��
�
$0.01
135.00
$30.00
115.00
$0.28
$59.00
�_
�otal -
ro-
000.00
816.00
176.00
$38.12
17,640
$2.394
$4,500.00
$3,872.00
$352.00
$64.97
17,550.00
$3,000.00
28,750.00
COUNCIL MEETING DATE: April 16, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: S 320th Street at 20`h Avenue S Intersection Improvements Project — Bid Award
ITEM #:�
POLICY QUESTI01v: Should the Council award the S 320`�' Street at 20th Avenue S Intersection Improvements Project
to the lowest responsive, responsible bidder?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
� Consent
❑ Ordinance
MEETING DATE: April 1, 2013
❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Marwan Salloum, P.E. De u Public Works Directo EPT: Public Works
_ ........................ ............ ........._�................1� .
__ ......................................................................__........._._._._........._....__._.........._.__......................._......_........_....._..
At�achments: Land Use and Transportation Committee memorandum dated April 1, 2013.
Options Considered:
l. Award the S 320`�' Street at 20th Avenue S Intersection Improvements Project to Titan Earthwork, LLC,
the lowest responsive, responsible bidder, , in the amount of $1,324,123.75 and approve a 10%
contingency of $132,412.00, for a total of $1,456,535.75, and authorize the Mayor to execute the
contract.
2. Reject all bids for the S 320`�' Street at 20`t' Avenue S Intersection Improvements Project and direct staff
to rebid the project and return to Comxnittee for further action.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 16, 2013 City
Council Consent Agenda for appr�l.
MAYOR APPROVAL:
COMMITTEE RECOMMENDATION:
approval.
\ ;, �
i.
Bob Celski, Chair
DIRECTOR APPROVAL: �� �
Committee Council
Forward Option 1 to the April 16, 2013 Council Consent Agenda for
/Jeanne
�;�,�..��,
Li
�e. Member
a���� R.
Diana Noble-Gulliford, ember
PROPOSED COUNCIL MOTtON: "I move o award the S 320`j` Street at 20"' Avenue S Intersection Improvements
Project to Titan Earthwork, LLC, the lowest responsive, responsible bidder, in the amount of $1,324,123.75 and
approve a 1 D% contingency of $132,412.00, for a total of $1,456,535.75, and authorize the Mayor to execute the
contract. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFLCE)
COUNC[L ACT[ON:
❑ APPROVED COUNCIL B[LL #
❑ DEN[ED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances on[y) ORDINANCE #
REV [S ED — OZ/06/2006 RESOL UTION #
DATE:
TO:
VIA:
FROM:
SUBJECT:
CITY OF FEDERAL WAY
MEMORANDUM
April 1, 2013
Land Use and Transportation Committee
Skip Priest, May���
Cary M. Roe, P.E., Director of Parks, Public Works an Emergency Management��
Marwan Salloum, P.E., Deputy Public Works Director��/ .
S 320`�' Street at 20�' Avenue S Intersection Improvements Pro�ect — Bid Award
BACKGROUND
Eleven (11) bids were received and opened on March 21, 2013, for the S 320`h Street at 20`�' Avenue S
Intersection Improvements Project. See attached Bid Tabulation Summary. The lowest responsive,
responsible bidder is Titan Earthwork, LLC. with a total bid of $1,324,123.75. The low bid received was
(11 %) below the engineer estimate.
Reference checks on Titan Earthwork, LLC by City staff indicates that the contractor has performed
similar work. As a result, City staff believes Titan Earthwork, LLC can successfully complete this project
to the City's satisfaction. Therefore, the lowest responsive, responsible bidder is Titan Earthwork, LLC
in the amount of 1,324,123.75.
PROJECT ESTIMATED EXPENDITURES:
Design
ROW Acquisition
Low Bid
10% Construction Contingency
Water quality vault on 21S` Ave
Construcrion Management
TOTAL PROJECT COSTS
AVAILABLE FUNDING:
Budgeted City Funds (2011/2012)
Budgeted City Funds ( 2013/2014)
Mitigation
Interest
TOTAL AVAILABLE BUDGET
$ 450,000.00
0.00
1,324,123.75
132,412.00
500,000.00
350,000.00
$ 2,756,535.75
$ 500,000.00
3,500,000.00
144,284.00
3,245.00
S 4,147,529.00
FUNDING BALANCE 9� 1,�_0,993.25
Page 1 of 6
Unit Cost $3.50 Orignal Total $7,414,695.00 Ofiginal Total $1,438,673.60 Original7otal = $1.474z51.00
Original Total $2,653.00 Acutal Total $1,415,195.00 Actual Total = $1,439,673.60 Acwal Total = $La88.62s.0o
ActualTOtal � $2,74�.5o DiHerence -$500.00 Difference -$1.000.00 Difference -$14.375.00
Page 2 of 6
RFB No. 13-104
BID OPENING DATE March 21, 2013
Vendor Name ---> I I Pacific Coast General, LLC� Wesiwater Construction I R.W. Scott Constmction Ca I Active Construction, Inc.
cation ---------> Port Orchard, WA_ _ Auburn WA Auburn WA Puyallup, WA
Page 3 of 6
RFB No. 13-104
BID OPENING DATE Marc
Vendor Name ---> ' Pacific Coas[ General, LLC Westwater Construction R.W. Scott Construction Co. Active Constmction, Inc.
,..�.�..., _________, Port Orchard. WA Aubum, WA Aubum, WA PuVallup, WA
Signature
Bond
nbined Attidavit
Page 4 of 6
Page 5 of 6
Unit 35 has math error
OriginalTotal= $1,778,942.00
Acival Tatal = $7,618.057.00
Page 6 of 6
COUNCIL MEETING DATE: April 16, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
ITEM
AGENDA BILL
SUBJECT: 21 S` Avenue SW at SW 336`h St Intersection Improvements Project - Bid Award
POLICY QUESTION: Should the Council award the 21S` Avenue SW at SW 336�' St Intersection Improvements
Project to the lowest responsive, responsible bidder?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
STAFF REPORT BY: Marwan Salloum, P
❑ Ordinance
❑ Resolution
.
J Public Works Director'
MEETING DATE: April l, 2013
❑ Public Hearing
❑ Other
EP'r: Public Works
Attachments: Land Use and Transportation Committee memorandum dated April 1, 2013.
Options Considered:
1. Award the 21S` Avenue SW at SW 336`i' St Intersection Improvements Project to SCI
Infrastructure, LLC, the lowest responsive, responsible bidder, in the amount of $3,203,858.85 and
approve a 10% contingency of $320,385.00, for a total of $3,524,243.85, and authorize the Mayor to
execute the contract.
2. Reject all bids for the 21St Avenue SW at SW 336�` St Intersection Improvements Project and direct
staff to rebid the project and return to Committee for further action.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 16, 2013 City
Council Consent Agenda for appronal.
MAYOR APPROVAL:
COMMITTEE RECOMMENDATION: Forward Option
approval.
\ �
,�) `
J
Bo Celski, Chair Jeanne Bi
PROPOSED COUNCIL MOTION: `7 m�to award th
Project to SCI Infrastructure, LLC, the lowest responsive, responsible bidder, in the amount of $3,203,858.85
and approve a 10% contingency of $320,385.00, for a total of $3,524,243.85, and authorize the Mayor to
execute the contract. "
DIRECTOR APPROVAL: � �
Committee Council
1 to the April 16, 2013 Council Consent Agenda for
(BELOW TO BE COMPLETED BY C/TY CLERKS OFF/CE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DEN[ED 1sT reading
❑ TABLED/DEFERRED/NO ACT[ON Enactment reading
❑ MOVED TO SECOND READINC (ordinances on[y) ORDINANCE #
REVISED - 02/06/2006 RESOLUTION #
DATE:
TO:
VIA:
FROM:
SUBJECT:
CITY OF FEDERAL WAY
MEMORANDUM
April 1, 2013
Land Use and Transportation Committee
Skip Priest, Mayor
Cary M. Roe, P.E., D ector o arks, Public Works an mergency Management ��/lf�
Marwan Salloum, P. ., Deputy Public Works Director��
21 St Avenue SW at SW 336�` St Intersection Improvements Project — Bid Award
BACKGROUND
Nine (9) bids were received and opened on March 21, 2013, for the 21S` Avenue SW at SW 336`� St
Intersection Improvements Project. See attached Bid Tabulation Summary. The lowest responsive,
responsible bidder is SCI Infrastructure, LLC. with a total bid of $3,203,858.85. The low bid received
was (8.4%) below the engineer estimate.
Reference checks on SCI Infrastructure, LLC. by City staff indicate that the contractor has performed
similar work. As a result, City staff believes SCI Infrastructure, LLC. can successfully complete this
project to the City's satisfaction. Therefore, the lowest responsive, responsible bidder is SCI
Infrastructure, LLC. in the amount of $3,203,858.85.
PROJECT ESTIMATED EXPENDITURES:
Design $ 650,000.00
ROW Acquisition 650,000.00
Low Bid
10% Construction Contingency
Construction Management
Utility Relocation (PSE)
TOTAL ESTIMATED PROJECT COSTS
AVAILABLE FUNDING:
TIB Grant
Budgeted City Funds
Mitigation
Interest Earning
Lakehaven Utility District
Comcast
Century Link
TOTAL AVAILABLE BUDGET
3,203,858.85
320,385.00
520,000.00
140,000.00
$ 5,484,243.85
$
$
3,360,000.00
1,859,000.00
132,947.00
1,871.00
33,765.00
63,290.00
53,926.00
5,504,799.00
Page 1 of 4
Page 2 of 4
P�e3of4
Page 4 of 4
P�etof4
P�e2�4
Page 3 of 4
Page 4 of 4
�o
COUNCIL MEETING DATE: Apri116, 2013 ITEM #:��1
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: DDD INTERLOCAL CONTRACT — RESPITE
POLICY QUESTION: Should the city enter into an Interlocal Agreement with the Department of Social and
Health Services (DSHS) Division of Disabilities (DDD) for funding recreation services for individuals with
disabilities.
COMMITTEE: PRHSPS
CATEGORY:
� Consent
❑ Ordinance
❑ City Council Business ❑ ResoluNon
STAFF REPORT BY: Gina Shaw, Recreation Coordinator
Attachments: Memorandum
Contract (19 pages)
MEETING DATE: April 9, 2013
❑ Public Hearing
❑ Other
DEPT: PRCS
Options Considered:
1. Authorize the City to enter into an interlocal agreement with DSHS — DDD to provide respite care
opportunities through our Inclusive Recreation programs to individuals with disabilities.
2. Do not authorize the City to enter into an Interlocal Agreement with Department of Disabilities, and
Provide direction to staff.
.......................................................................................................................... .............................................................................................................................................. . . ............................................................................................_..------.........................._....................._._
MAYOR'S RECOMMENDATION: OpHon 1: Authorize the city to enter into an Interlocal Agreement with DSHS —
DDD to provide respite care opportunities through our Inclusive Recreation programs to individuals with
disabilities to the full Council, March 19, 2013 consent agenda for approval.
MAYOR APPROVAL: �/��i���/ DIRECTOR APPROVAL: �
Co ttee Cou � 1 I�
COMMITTEE RECOMMENDATION: I move to forward the authorization for the ciry to enter into an Interlocal
Agreement with DSHS Department of Developmental Disabilities to provide respite care opportunities through
recreation services to individuals with disabilities to the full Council, 'zvi�:r� 2013 consent agenda for
approval. ��';1 �;�, Zt��3
PROPOSED COUNCIL MOTION: "L move approval to authorize the city to enter tnto an �nter[oca[ Agreement
with DSHS Department of Developmental Disabilities to provide respite care opportunities through recreation
services to individuals with disabilities "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reeding
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION # _
CITY OF FEDERAI. WAY
PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT
Date: Apri19, 2013
To: Parks, Recreation, Human Services & Public Safety Council Committee
Via: Skip Priest, Mayor
From: Cary Roe, of Director, Parks, Public Works & Emergency Management�Y,'"' l
Gina Shaw, Community & Inclusive Recreation Coordinator
Subject: DDD Interlocal Contract — Respite
Policy�uestion
Should the City enter into an Interlocal Agreement with Department of Social & Health Services
(DSHS) Division of Developmental Disabilities (DDD) for funding recreation services for
individuals with disabilities?
Background
The purpose of respite care for the clients of DDD is to provide intermittent relief to persons
providing care for developmentally disabled individuals. The way that we provide this is
through our Inclusive Recreation programs which take place at the Community Center and out
in the community. Programming varies but includes day trips, classes, social clubs, cooking,
camping, theater, and much more. This agreement would allow clients to register for eligible
recreation programs at no charge. DSHS will then reimburse the city for program fees.
Currently, we are serving nearly 30 participants who use these funds from DDD as a way of
paying for our programs.
i ns
1. Authorize the City of Federal Way to enter into an Interlocal Agreement with DSHS
Department of Developmental Disabilities to provide respite care opportunities through
recreation services to individuals with disabilities.
2. Decline the authorization for the City to enter into an Interlocal Agreement with DSHS
Department of Developmental Disabilities.
Cc: ]ohn Hutton, Recreation Supervisor
DSHS Contract Number:
CLIENT SERVICE CONTRACT 1312-72754
� �T H Resulting From Solicitation Number:
,�.� Community Settings Respite Care
(excluding IFS Program Participants)
This Contract is between the State of Washington Department of Social Program Contract Number:
and Health Services (DSHS) and the Contractor identified below. contra�tor contraa Number:
ssPS #�oaa2�
CONTRACTOR NAME CONTRACTOR doing business as (DBA)
Cit of Federai Wa
CONTRACTORADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER
BUSINESS IDENTIFIER (UBI)
33325 8th Ave S 70364
Federal Wa _, WA 98063-9718
CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS
Kevin Hutchinson (253) 835-6927 (253) 835-6929 kevin.hutchinson@cityoffede
ralwa .com
DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE
Aging and Disability Services Division of Developmental Disabilities 1803XP-12
Administration
DSHS CONTACT NAME AND TITIE DSHS CONTACT ADDRESS
Gregory Antoine 1700 E Cherry St
Contract Manager Ste 200
Seattle, WA 98122-4633
DSHS CONTACT TELEPHONE DSHS G(M�ITACT FAX DSHS CONTACT E-MAIL ADDRESS
206 568-5685 206 722-3334 re .antoine dshs.wa. ov
IS THE CONTRACTOR A SUBRECIPIENT FQR PURPOSES OF THIS CONTRACT? CFDA NUMBER{S)
Click here to enter text.
CONTRACT START DATE CONTRACT END DATE CONTRACT MAXIMUM AMOUNT
04/01/2013 03/31/2015 $0.00
EXHIBITS. The following Exhibits are attached and are incorporated into this Contract by reference:
� Exhibits (specify): Exhibit A- Rate Table
No Exhibits.
The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive
understanding between the parties superseding and merging all previous agreements, writings, and communications, oral
or otherwise, regarding the subject matter of this Contract. The parties signing below represent that they have read and
understand this Contract, and have the authority to execute this Contract. This Contract shall be binding on DSHS only
u on si nature b DSHS.
CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
John Cord , Business Mana er, DDA
DSHS Central Contract Servi�s
1803XP DDD Respite in Community Settings (5-6-11) Page t
DSHS General Terms and Conditions
1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the
following definitions:
a. "Central Contra�t Services" means the DSHS central headquarters contracting office, or successor
section or office.
b. "Confidential Information" or "Data" means information that is exempt from disclosu�e to the public
or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential
Information includes, but is not limited to, Personal Information.
c. "Contract" or °AgreemenY' means the entire written agreement between DSHS and the Contractor,
inctuding any Exhibits, documents, or materials incorporated by reference. The parties may execute
this contract in mul#iple counterparts, each of which is deemed an original and all of which
constitute onty one agreement. E-mail or Facsimile transmission of a signed copy of this contract
shall be the same as delivery of an original.
d. "Contracts Administrato�" means the manager, or successor, of Central Contract Services or
successor section or office.
e. "Contracto�' means the individual or entity performing services pursuant to this Contract and
includes the Contractor's owners, members, o�cers, directors, partners, employees, and/or agents,
unless otherwise stated in this Contract. For purposes of any permitted Subcontract, "Contractor"
includes any Subcontractor and its owners, members, officers, directors, partners, employees,
and/or agents.
f. "Debarment° means an action taken by a Federal agency or official to exclude a person or business
entity from participating in transactions involving certain federal funds.
g. "DSHS° or the "Department" means the state of Washington Department of Social and Health
Services and its employees and authorized agents.
h. "Encrypt" means to encode Confidential Information into a format that can only be read by those
passessing a"key"; a password, digital certificate or other mechanism available only to authorized
users. Encryption must use a key length of at least 128 bits.
i. "Personal Information" means information identifiable to any person, including, but not limited to,
information that relates to a person's name, health, finances, education, business, use or receipt of
governmental services or other activities, addresses, telephone numbers, Social Security Numbers,
driver iicense numbers, other identifying numbers, and any financial identifiers.
j. "Physically Secure" means that access is restricted through physical means to authorized
individuals only.
k. "Program Agreement" means an agreement between the Contractor and DSHS containing special
terms and conditions, including a statement of work to be performed by the Contractor and payment
to be made by DSHS.
I. "RCW" means the Revised Code of Washington. All references in this Contract to RCW chapters or
sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters
can be accessed at http://apps.leg.wa.gov/rcw/.
m. "Regulation" means any federal, state, or local regulation, rule, or ordinance.
DSHS Central Contract Services
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DSHS General Terms and Conditions
n. "Secured Area" means an area to which only authorized representatives of the entity possessing
the Confidential Information have access. Secured Areas may include buildings, rooms or locked
storage containers (such as a filing cabinet) within a room, as long as access to the Confidential
Information is not available to unauthorized personnel.
o. "Subcontract" means any separate agreement or contract between the Contractor and an individual
or entity ("Subcontractor") to pertorm all or a portion of the duties and obligations that the Contractor
is obligated to perform pursuant to this Contract.
p. "Tracking" means a record keeping system that identifies when the sender begins delivery of
Confidential Information to the authorized and intended recipient, and when the sender receives
confirmation of delivery from the authorized and intended recipient of Confidential Information.
q. "Trusted Systems" include only the following methods of physical delivery: (1) hand-delivery by a
person authorized to have access to the Confidential Information with written acknowledgement of
receipt; (2) United States Posta! Service ("USPS") first class mail, or USPS delivery services that
include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery
services (e.g. FedEx, UPS, DHL) which offer tracking and receipt confirmation; and (4) the
Washington State Campus mail system. For electronic transmission, the Washington State
Governmental Network (SGN) is a Trusted System for communications within that Network.
r. "WAC" means the Washington Administrative Code. All references in this Contract to WAC
chapters or sections shall include any successor, amended, or replacement regulation. Pertinent
WAC chapters or sections can be accessed at http://apps.leg.wa.gov/wac/.
2. Amendmen� This Contract may only be modified by a written amendment signed by both parties. Only
personnel authorized to bind each of the parties may sign an amendment.
3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party
without the prior written consent of DSHS.
4. Billing Limitations.
a. DSHS shall pay the Contractor only for authorized services provided in accorciance with this
Contract.
b. DSHS shall not pay any claims fo� payment for services submitted more than twelve (12) months
after the calendar month in which the services were performed.
c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if
the Contractor has charged or will charge another agency oi the state of Washington or any other
party for the same services.
5. Compliance with Applicable �aw. At all times during the term of this Contract, the Contractor shall
comply with all applicable federal, state, and local laws and regulations, including but not limited to,
nondiscrimination laws and regulations.
6. Con�dentiality.
a. The Contractor shall not use, publish, transfer, sel� or otherwise disclose any Confidential
Information gained by reason of this Contract for any purpose that is not directly connected with
Contractor's perfo�mance of the services contemplated hereunder, except:
DSHS Central Contract Services
1803XP DDD Respite in Community Settings (5-6-11) Page 3
DSHS General Terms and Conditions
(1) as provided by law; or,
(2) in the case of Personal Information, with the prior written consent of the person or personal
representative of the person who is the subject of the Personal Information.
b. The Contractor shall protect and maintain all Confidential Information gained by reason of this
Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the
Contractor to employ reasonable security measures, which include restricting access to the
Confidential Information by:
(1) Allowing access only to staff that have an authorized business requirement to view the
Confidential l nformation.
(2) Physically Securing any computers, documents, or other media containing the Confidential
Information.
(3) Ensure the security of Confidential Information transmitted via fax (facsimile) by:
(a) Verifying the recipient phone number to prevent accidental transmittal of Confidential
Information to unauthorized persons.
(b) Communicating with the intended recipient before transmission to ensure that the fax will be
received only by an authorized person.
(c) Verifying after transmittal that the fax was received by the intended recipient.
(4) When transporting six (6) or more records containing Confidential Information, outside a
Secured Area, do one or more of the following as appropriate:
(a} Use a Trusted System.
(b) Encrypt the Confidential Information, including:
i. Encrypting email and/or email attachments which contain the Confidential Information.
ii. Encrypting Confidential Information when it is stored on portable devices or media,
including but not limited to laptop computers and flash memory devices.
Note: If the DSHS Data Security Requirements Exhibit is attached to this contract, this
item, 6.b.(4), is superseded by the language contained in the Exhibit
(5) Send paper documents containing Confidential Information via a Trusted System.
(6) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this
contract.
c. Upon request by DSHS, at the end of the Contract term, or when no longer needed, Confidential
Information shall be retumed to DSHS or Contractor shall certify in writing that they employed a
DSHS approved method to destray the information. Contractor may obtain information regarding
approved destruction methods from the DSHS contact identified on the cover page of this Contract.
d. Paper documents with Confidential Inforrnation may be recycled through a contracted firm, provided
the contract with the recycler specifies that the confidentiality of information wili be protected, and
DSHS Central Contract Services
1803XP DDD Respite in Community Settings (5-6-11) Page 4
DSHS General Terms and Conditions
the information destroyed through the recycling process. Paper documents containing Confidential
Information requiring special handling (e.g, protected health information) must be destroyed on-site
through shredding, pulping, or incineration.
e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of
Confidential Information must be reported to the DSHS Contact designated on the contract within
one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and
comply with any notification or other requirements imposed by law or DSHS.
7. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is
not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
by any Federal department or agency from participating in transactions (Debarred). The Contractor also
agrees to include the above requirement in any and all Subcontracts into which it enters. The
Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes
Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if
Contractor becomes Debarred during the term hereof.
8. Governing Law and Venue. This Contract shall be construed and interpreted in accordance with the
laws of the state of Washington and the venue of any action brought hereunder shall be in Superior
Court for Thurston County.
9. Independent Contractor. The parties intend that an independent contractor �elationship will be created
by this Contract. The Contractor and his or her employees or agents perForming under this Contract a�e
not employees or agents of the Department. The Contractor, his or her employees, or agents
performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or
employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent
make any claim of right, privilege or benefit that would accrue to such officer or employee.
10. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with
reasonable access to Contractor's place of business, Contractor's records, and DSHS client records,
wherever located. These inspection rights are intended to alfow DSHS and the Office of the State
Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable
laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years
following this Contract's termination or expiration.
11. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the
performance of the services described herein. The records include, but are not limited to, accounting
procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the perFormance of this Contract. All records and other material relevant to this
Contract shall be retained for six (6) years after expiration or termination of this Contract.
Without agreeing that litigation or claims are fegally authorized, if any litigation, claim, or audit is started
before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or
audit findings involving the records have been resolved.
12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and
Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the
inconsistency or conflict shall be resolved by giving precedence to these General Terms and
Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in
the General Terms and Conditions shall not be construed as being inconsistent or in conflict.
13. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the
DSHS Central Contract Services
1803XP DDD Respite in Community Settings (5-6-11) Page 5
DSHS General Terms and Conditions
Contract remains valid and in full force and effect.
14. Survivability. The terms and conditions contained in this Contract or any Program Agreement which,
by their sense and context, are intended to survive the expiration or termination of the particular
agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations;
Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records,
Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and
Treatment of Property.
15. Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Contract or
Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed
on such funding, DSHS may immediately terminate this Contract by providing written notice to the
Contractor. The termination shall be effective on the date specified in the termination notice.
16. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any
subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and
conditions of this Contract. Only the DSHS Contracts Administrator or designee has the authority to
waive any term or condition of this Contract on behalf of DSHS.
Additional General Terms and Conditions — Client Service Contracts:
17. Advance Payment. DSHS shall not make any payments in advance or anticipation of the delivery of
services to be provided pursuant to this Contract.
18. Construction. The language in this Contract shall be interpreted as to its fair meaning and not
strictly for or against any party. Any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in interpreting this Contract.
19. Contractor Certification Regarding Ethics. The Contractor certifies that the Contractor is now, and
shall remain, in compliance with Chapter 42.52 RCW, Ethics in Pubtic Service, throughout the term of
this Contract.
20. Health and Safety. Contractor shall perform any and all of its obligations under this Contract in a
manner that does not compromise the health and safety of any DSHS client with whom the Contractor
has contact.
21. lndemnification and Hold Harmless.
a. The Contractor shall be responsible for and shall indemnify, defend, and hold DSHS harmless from
any and all claims, costs, charges, penalties, demands, losses, liabilities, damages, judgments, or
fines, of whatsoever kind of nature, arising out of or relating to a) the Contractor's or any
Subcontractor's performance or failure to perform this Contract, or b) the acts or omissions of the
Contractor or any Subcontractor.
b. The Contractor's duty to indemnify, defend, and hold DSHS harmless from any and all claims,
costs, charges, penalties, demands, losses, liabilities, damages, judgments, or fines shall include
DSHS' personnel-related costs, reasonable attorney's fees, court costs, and all related expenses.
c. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend, and hold harmless the State and its agencies, officials, agents, or employees.
d. Nathing in this term shall be construed as a modification or limitation on the Contractor's obligation
DSHS Central Contract Services
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DSHS General Terms and Conditions
to procure insurance in accordance with this Contract or the scope of said insurance.
22. Industrial Insurance Coverage. The Contractor shall comply with the provisions of Title 51 RCW,
Industrial lnsurance. If the Contractor fails to provide industrial insurance coverage or fails to pay
premiums or penalties on behalf of its employees, as may be required by law, DSHS may cot{ect from
the Contractor the full amount payable to the Industrial Insurance accident fund. DSHS may deduct the
amoun# owed by the Contractor to the accident fund from the amount payable to the Contractor by
DSHS under this contract, and transmit the deducted amount to the Department of Labor and
Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to
collect from the Contractor.
23. Notice of Overpayment. If the Contractor receives a vendor overpayment notice or a letter
communicating the existence of an overpayment from DSHS, the Contractor may protest the
overpayment determination by requesting an adjudicative proceeding. The Contractor's request for an
adjudicative proceeding must:
a. Be received by the Office of Financial Recovery (OFR) at Post Office Box 9501, Olympia,
Washington 98507-9501, within twenty-eight (28) calendar days of service of the natice;
b. Be sent by certified mail (return receipt) or other manner that proves OFR received the request;
c. Include a statement as to why the Contractor thinks the notice is incorrect; and
d. Include a copy of the overpayment notice.
Timely and complete requests wili be scheduled for a formal hearing by the Office of Administrative
Hearings. The Contractor may be offered a pre-hearing or alternative dispute resolution conference in
an attempt to resolve the overpayment dispute prior to the hearing.
Failure to provide OFR with a written request for a hearing within twenty-eight (28) days of service of a
vendor overpayment notice or other overpayment letter will result in an overpayment debt against the
Contractor. DSHS may charge the Contractor interest and any costs associated with the collection of
this overpayment. DSHS may collect an overpayment debt through lien, foreclosure, seizure and sale
of the Contractor's real or pe�sonal property; order to withhold and deliver; or any other collection action
available to DSHS to satisfy the overpayment debt.
24. Subcontracting. Except as otherwise provided in this Contract, the Contractor shall not subcontract
any of the contracted services without the prior approval of DSHS. Contractor is responsible to ensure
that all terms, conditions, assurances and certifications set forth in this Contract are included in any and
all Subcontracts. Any failure of Contractor or its subcontractors to perform the obligations of this
Contract shall not discharge the Contractor from its obligations hereunder or diminish DSHS' rights or
remedies available under this Contract.
25. Subrecipients,
a. General. If the Contractor is a subrecipient of federal awards as defined by Office of Management
and Budget (OMB) Circular A-133 and this Agreement, the Contractor shall:
(1) Maintain records that identify, in its accounts, all federal awards received and expended and the
federal programs under which they were received, by Catalog of Federal Domestic Assistance
(CFDA) title and number, award number and year, name of the federal agency, and name of the
pass-through entity;
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DSHS General Terms and Conditions
(2) Maintain internal controls that provide reasonable assurance that the Contractor is managing
federal awards in compliance with laws, regulations, and provisions of contracts or grant
agreements that could have a material effect on each of its federal programs;
(3) Prepare appropriate financial statements, including a schedule of expenditures of federal
awards;
(4) Incorporate OMB Circular A-133 audit requirements into all agreements between the Contractor
and its Subcontractors who are subrecipients;
(5) Comply with any future amendments to OMB Circular A-133 and any successor or replacement
Circular or regulation;
(6) Comply with the applicable requirements of either 2 CFR, Part 225 (OMB Circular A-87) or 2
CFR, Part 230 (OMB Circular A-122), and any successor or replacement Circular or regulation;
and
(7} Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title Vi of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with
Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination
Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42,
Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to
http://www.oip.usdoi.qov/about/ocr/statutes.htm for additional information and access to the
aforementioned Federal laws and regulations.)
b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $500,000 or more in
federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay
for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the
Contractor shall:
(1) Submit to the DSHS contact person the data collection form and reporting package specified in
OMB Circular A-133, reports requi�ed by the program-specific audit guide (if applicable), and a
copy of any management letters issued by the auditor;
(2) Follow-up and develop corrective action for all audit findings; in accordance with OMB Circular
A-133, prepare a"Summary Schedule of Prior Audit Findings."
c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the
Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may
require the Contractor to reimburse DSHS in accordance with either 2 CFR, Part 225 (OMB Circular
A-87) or 2 CFR, Part 230 (OMB Circular A-122).
26. Termination for Convenience. DSHS may terminate this Contract in whole or in part when it is in the
best interest of DSHS by giving the Contractor at least thirty (30) calendar days' written notice. The
Contractor may terminate this Contract for convenience by giving DSHS at least thirty (30) calendar
days' written notice addressed to DSHS at the address listed on page 1 of this Contract.
27. Termination for Default. The Contracts Administrator may immediately terminate this Contract for
default, in whole or in part, by written notice to the Contractor if DSHS has a reasonable basis to
believe that the Contractor has:
a. Failed to meet or maintain any requirement for contracting with DSHS;
b. Failed to protect the health or safety of any DSHS client pursuant to the section entitled Health and
Safety of this Contract;
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DSHS General Terms and Conditions
c. Failed to perform under, or otherwise breached, any term or condition of this Contract; and/or
d. Violated any applicable law or regulation.
If it is later determined that the Contractor was not in defauit, the termination shall be considered a
termination for convenience.
28. Termination or Expiration Procedure. The following terms and conditions apply upon Cont�act
termination or expiration:
a. The Contractor shall cease to perform any services required by this Contract as of the effective date
of termination or expiration.
b. If the Contract is tsrminated, the Contractor shall comply with all instructions contained in the
termination notice.
The Contractor shall immediately deliver to the DSHS contact named on page one of this Contract,
or to his or her successor, all DSHS property in the Contractor's possession. The Contractor grants
DSHS the right to enter upon the Contractor's premises for the sole purpose of recovering any
DSHS property that the Contractor fails to return within ten (10) calendar days of the effective date
of termination or expiration of this Contract. Upon failure to return DSHS property within ten (10)
calendar days, the Contractor shall be charged with all reasonable costs of recovery, including
transportation.
d. DSHS shall be liable only for payment required under the terms of this Contract for service
rendered up to the effective date of termination or expiration.
e. DSHS may withhotd a sum from the final payment to the Contractor that DSHS determines
necessary to protect DSHS against loss or additional liability.
f. The rights and remedies provided to DSHS in this Section are in addition to any other rights and
remedies provided at law, in equity, and/or under this Contract, including consequential and
incidental damages.
29. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult
client receiving services from the Contractor has unrestricted access to the clienYs personal property.
The Contractor shall not interfere with any adult client's ownership, possession, or use of the clienYs
property. The Contractor shall provide clients under age eighteen (18) with reasonable access to their
personal property that is appropriate to the client's age, development, and needs. Upon termination of
services to a client, the Contractor shall immediately release to the client and/or the client's guardian or
custodian all of the client's personal property.
30. Treatment of Property. All property purchased or furnished by DSHS for use by the Contractor during
this Contract term shalt remain with DSHS. Titte to all property purchased or fumished by the
Contractor for which the Contractor is entitled to reimbursement by DSHS under this Contract shall
pass to and vest in DSHS. The Contractor shaf! protect, maintain, and insure all DSHS property in its
possession against loss or damage and shall return DSHS property to DSHS upon Contract terminatian
or expiration.
31. Taxes.
a. Where required by statute or regulation, Contractor shall pay for and maintain in current status all
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DSHS Generai Terms and Conditions
taxes that are necessary for Contract performance. DSHS will pay sales or use taxes, if any,
imposed on the services and materials acquired hereunder. Contractor must pay all other taxes
including without limitation Washington Business and Occupation Tax, other taxes based on
Contractor's income or gross receipts, or personal property taxes levied ar assessed on
Contractor's personal property. DSHS, as an agency of Washington State govemment, is exempt
from property tax.
b. Contractor shall complete registration with the Washington State Department of Revenue and be
responsible for payment of all taxes due on payments made under this Cdntract in acco�dance with
the requirements of Title 82 RCW and Title 458 WAC. Out-of-state Contractors must contact the
Department of Revenue to determine whether they meet criteria to register and establish an
account with the Department of Revenue. Refer to WAC 458-2Q-93 and call the Department of
Revenue at 800-647-7706 for additional information. When out-of-state Contractors are not
required to collect and remit sales tax, DSHS shall be responsible for paying use tax, if applicable,
directly to the Department of Revenue.
c. Afl payments accrued on account of payrol! taxes, unemployment contributions, any other taxes,
insurance, or other expenses for Contractor or Contractor's staff shall be ContractoPs sole
responsibility.
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Special Terms and Conditions
32. Definitions. The words and phrases listed below, as used in this Contract, shall each have the
following definitions:
a. "Assistance" means help provide to a client for the purpose of aiding him/her in the performance of
tasks.
b. "Authorized" means approved by a DDD case manager/social worker as evidenced by receipt of an
SSPS Social Services notice.
c. "Case Resource Manager" means the DSHS or DDD worker assigned to a client and who
authorized the services perFormed under this Contract.
d. "Client" means a person whom DSHS has determined financially and programmatically eligible to
receive services and for whom specific services have been authorized.
e. "Community Settings" means a public place such as community center, senior center, city or county
park and recreation, camps, or adult day care. Service cannot be provided in a private home.
f. "DDD" means the Division of Developmental Disabilities writhin the DSHS Aging and Disabilities
Service Administration.
g. "In-home respiteu means respite provided by a home care agency in the client's home. Upon client
or primary caregiver request, home care agency provider may bring the client into their community.
h. "Individual Suppo�t Plan" or "ISP" means a written plan for long te�m care senrice delivery. The ISP
identifies ways to meet the Client's needs with the most appropriate services.
i. "Out-of-home respite" means respite provide out of the client's home by a licensed or certified
setting
j. "Personal care servicesa means those specific services defined in WAC 388-106 provided to DSHS
clients.
k. "Physical AssistanceU means the provision of hands-on assistance on the perFormance of daily
tasks or activities.
I. "Primary Caregiver(s)" or "Caregiver" means the parents, legal guardians or other persons who
have or assume primary responsibility for the necessary care of the client.
m. "Protective Supervisionn means supervision to ensure the safety and well being of a client,
exclusive of those responsibilities which should be assumed by a legal guardian.
n. "Provider One" means the DSHS payment system which is scheduled to repface the current SSPS
payment system about November 2012.
o. "Respite Care" means intermittent relief for persons providing care for developmentally disabled
individuals on either an emergency or planned basis.
p. "SSPS" means the Social Service Payment System, the service authorization and payment system
used by DSHS.
q. "Transportation Services" means the process of transporting a client from one location to another.
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r. "Unusual lncidents" means a change in circumstances or events that concern a client's safety or
well being. These may include, but are not limited to the following examples: an increased
frequency, intensity, or duration of any medical conditions;, adverse reactions to medication, severe
behavioral incidents that are unlike the client's ordinary behavior, severe injury, running away,
physical or verbal abuse to themselves or others, etc.
33. Purpose.
The purpose of respite care is to provide intermittent relief for persons providing care for individuals
etigible for DDD senrices, on either an emergency or planned basis, to assist a client to remain in the
least restrictive environment.
34. Contractor Qualifications.
a. The Contractbr shall be licensed, registered, and cert�ed as is required by law.
b. Community settings providing respite care must meet the regulations goveming their business or
activity.
c. Con#ractors offered services must be published on website and include;
(1) Identified number of service hours being provided in your program/class/event including
days/date and start and end time;
(2) Identify activities that will occur during program/class/event; and
(3) Published Fee schedule.
d. The Contractor agrees to undergo a criminal history background check conducted by DSHS, as
required by RCW 43.20A.710. If the Contractor has employees or volunteers who will have
unsupervised access to Clients in the course of performing the work under this Contract, the
Contractor will conduct criminal history background checks on those employees.
35. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things
necessary for or incidental to the performance of work, as set forth belaw:
a. Upon receipt of and in accordance with the provisions of a written service authorization form issued
by DSHS to the Contractor shalL
(1) Provide physical assistance, support and protective supervision to the client in daily routine
activities and to prevent injury to him or herself and to others;
(2) Obtain information about the clienYs identified needs and care requirements from the parent(s)
or primary caregiver(s) and ensure that the client's needs are met while providing services;
(3) Contact the client's parent or primary caregiver(s) if the Contractor has not heard from them
within seven (7} days of the Contractor's receipt of the service authorization to make
arrangements for specific dates and times of care;
(4) Make arrangement with the primary provider of assistance for emergency medical treatment
should this become a necessity;
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Special Terms and Conditions
(5) Ensure that the respite care is provided in the specific Community Setting and Respite services
provided are as authorized and outlined in the ISP. If additional hours/senrices are provided
DSHS is not liable for payment;
(6) Maintain copies of all service authorizations to provide services; and
(7) Complete and maintain copies of the work verification records for all services provided. These
records shall be kept on file by the Contractor for the duration of this Contract and thereafter for
a period of 6 years and will be available to DSHS upon request for purposes of audit, monitoring
and/or service verification.
b. The Contractor may also provide transportation to and from the respite services community
resources and agencies as authorized and outlined in the ISP.
c. Maintain transportation records to document the dates, times, destinations, and distances of each
Client's Transportation Services. Upon request, the Contractor shall make the records available to
DSHS or DSHSldesignee for review and audit.
d. Maintain sufficient vehicle and passenger insurance coverage in accordance with the requirements
in this Contract.
e. Opera#e and maintain the transportation vehicles in a manner consistent with protecting and
promoting the Client's health and welfare.
f. Community Settings shafl provide al( care that assists the client's participation in a safe manner.
g. Contractor shall provide written progress reports as requested by a DDD Case Resource Manager
or per other DDD written guiclelines.
h. Contractor shall not require client, clienYs guardian and/or client's legal representative to enter into
any agreement releasing or limiting Contractor's legal liability for injuries arising out of premises
operation, acts of independent contractors, products completion, or personal injuries sustained due
to contractor's negligence in connection with providing services under this contract unless
contractor, at the same time, requires client, client's guardian and/or client's legal representative to
release the State of Washington and all of its agencies, agents, contractors, seroants and
employees from liability for any acts of contractor causing injuries arising out of premises operation,
acts of independent contractors, products completion, or personal injuries sustained due to
contractor's negligence in connection with providing services under this Contract.
i. Contractor shall ensure that they or their care providers possess the fol{owing minimum
qualifications:
(1) Be eighteen (18) years of age or older;
(2) Possess the following minimum standards of knowledge and experience:
(a} General knowleclge of acceptable standards of performance, including the necessity to
perform dependably, report punctually, maintain flexibility, and to demonstrate kindliness
and caring to the client; and
(b) Know(edge of when and how to contact the clienYs representative and the client's case
manager.
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(3) Adequate skills to read, either directly or through an interpreter, understand, and implement the
services authorized in the plan;
(4) Adequate communication skills to convey and understand, either directly or through an
interpreter, infarmation required to implement the clienYs written ISP(s) and verbal instructions;
and
(5) Adequate skills to maintain provider records of services performed and payments received.
j. Contractor shall ensure that the care providers are able to:
(1) Understand specific directions for providing the care that an individual client requires;
(2) Provide services within the scope of practice for their profession/skill level;
(3) Observe the client for change in health status, including weakness, confusion, and loss of
appetite;
(4) Identify problem situations and take appropriate action;
(5) Respond to emergencies without direct supervision; and
(6) Accept the client's individual differences and preferences when performing routine tasks.
k. The Contractor shall provide after-service duties, including but not (imited to:
(1) Satisfaction Surveys and/or follow-up contact with clients, their families, guardians or primary
caregivers regarding their satisfaction with the services provided. Such surveys or follow up
contact will include a process to document and report responses;
(2) Investigation, documentation and resolution of all comptaints or incidents regarding the service
provided; and
(3) Periodic monitoring of service documentation records, verification of provider qualifications, and
of billing and payment data in SSPS, functions and documentation need to be performed in a
manner that can be proven upon inspection.
The Contractor shall make available to DSHS any request for the inspection or ver�cation of the
above mentioned duties for monitoring purposes.
36. Consideration. Total consideration payable to Contractor for satisfactory performance of the work
under this Contract shall be based on the following:
a. The fee for service shall not exceed the rate listed in Exhibit A— Rate Table.
b. DSHS will only reimburse the Contractor for the number of hours authorized and provided per
client.
c. In �ase of a legislatively mandated vendor rate changes, the rates will be adjusted accordingly and
will be incorporated into this Contract on the date the rate(s) become effective. DSHS will provide
written notification of rate changes to the Contractor.
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d. The fee for transportation is an established rate of 0.51 per mile. The monthly payment for all
services provided to any Client will not exceed the amount authorized in the ClienYs ISP and in the
Social Service Payment System (SSPS). The rate established in this Contract is subject to change
and daes not require a contract amendment. Notification of rate changes will be made in a letter
from DSHS to the Contractar. Rates shall not exceed the DSHS Aging and Disability Services
Administration rates published for the Contractor's geographic area. Published rates are not
disputable.
e. DSHS shall reimburse the Contractor as p�eautho�ized for fares and public transportation service at
the actual costs. Such costs must not exceed the preauthorized amount.
37. Billing and Payment.
a. DSHS shall issue invoices generated by SSPS to the Contractor.
b. The Contractor shail indicate on each invoice received from DSHS whether the services were
delivered.
c. The Contractor shall submit the invoices for payment as directed on the invoice or by using Invoice
Express.
d. The Contractor shall contact the DSHS staff who authorized the services if there is any problem
with the SSPS invoice.
e. DSHS shall use the cornpleted SSPS invoice to generate payment to the Contractor.
f. DSHS shall not pay the Coniractor for cancelled or missed appointments or for scheduled hours of
service when clients are not seen or served by the Contractor.
g. DSHS will not pay in advance of services being provided; afl payments are contingent on
completion of planned activity.
h. In the event that the Client has fewer waiver resources available than the rate set in Exhibit A, the
client or their family may choose to pay for additional hours of service but may not supplement the
department's rate. The Contractor accepts the DSHS payment rate as sole and complete payment
for the services provided under this Contract.
i. If DSHS pays the Contractor for services authorized but not provided by the Contractor the amount
paid shall be considered to be an overpayment.
j. If this Contract is terminated for any reason, DSHS shall pay for only those services authorized and
provided through the date of termination.
k. DSHS Provider One payment system is scheduled to replace the current DSHS SSPS on or about
November of 2012. In the event this contract is in place at that time DSHS will notify you of new
billing instructions. Any new billing instructions will replace the SSPS billing instructions listed
above and will thereby be incorporated by reference into this contract.
38. Duty to Report Suspected Abuse. The Contractor shall report, in accordance with state law, all
instances of suspected Client abuse immediately to the Department at the current state abuse hotline
(1-800-562-6078).
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Speciai Terms and Conditions
39. Duty to Report Unusual Incidents. The Contractor shall submit written information of any unusual
incident to the DDD Resource Manager or the DSHS contact listed on page 1 of this Contract within
seventy-two (72) hours.
40. Duty to Report Death of Clients. The Contractor shall report ali deaths of DSHS clients receiving
services from the Contractor within twenty-four (24) hours to the DDD Resource Manager or the DSHS
contact listed on page 1 of this contract.
41. Drug Free Workplace. The Contractor, and the Contractor's employees and sub-contractors, shall
abstain from the use of alcohol and illegal drugs in the workplace and in the performance of their duties.
42. Insurance
The Contractor shall at all times comply with the following insurance requirements.
a. General Liabifity Insurance
The Contractor shall maintain Commercial General Liability Insurance, or Business Liability
Insurance, including coverage far bodily injury, property damage, and contractual liability, with the
following minimum limits: Each Occurrence -$1,000,000; General Aggregate -$2,000,000. The
policy shall include liability arising out of the parties' performance under this Contract, including but
not limited to premises, operations, independent contractors, products-completed operations,
personal injury, advertising injury, and liability assumed under an insured contract. The State of
Washington, Department of Social & Health Services (DSHS), its elected and appointed officials,
agents, and employees of the state, shall be named as additional insureds.
In lieu of general liability insurance mentioned above, if the contractor is a sole proprietor with less
than three contracts, the contractor may choose one of the following three genera! liability policies
but only if attached to a professional liability policy, and if selected the policy shall be maintained for
the life of the contract:
Supplemental Liability Insurance, including covecage for bodily injury and property damage that will
cover the contractor wherever the service is performed with the following minimum limits: Each
Occurrence -$1,000,000; General Aggregate -$2,000,000. The State of Washington, Department
of Social & Health Services (DSHS), its elected and appointed o�cials, agents, and employees
shall be named as additional insured's.
or
Workplace Liability Insurance, including coverage for bodily injury and property damage that
provides coverage wherever the service is performed with the following minimum limits: Each
Occurrence -$1,000,000; General Aggregate -$2,000,000. The State of Washington, Department
of Social & Health Services (DSHS), its elected and appointed officials, agents, and employees of
the state, shall be named as additional insured's.
or
Premises Liability fnsurance and provide services only at their recognized place of business,
including coverage for bodily injury, property damage with the following minimum limits: Each
Occurrence -$1,000,000; General Aggregate -$2,000,000. The State of Washington, Department
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Special Terms and Conditions
of Social & Health Services (DSHS), its elected and appointed officials, agents, and employees of
the state, shall be named as additional insured.
b. Business Automobile Liability Insurance
The Contractor sha(I maintain a Business Automobile Policy on all vehicles used to transpo�t
clients, including vehicles hired by the Contractor or owned by the Contractor's employees,
volunteers or others, with the following minimum limits: $1,000,000 per accident combined single
limit. The Contractor's carrier shall provide DSHS with a waiver of subrogation or name DSHS as
an additional insured.
c. Professional Liability fnsurance (PL)
The Contractor shall maintain Professional Liability Insurance or Errors & Omissions insurance,
including coverage for losses caused by errors and omissions, with the following minimum limits:
Each Occurrence - $1,000,000; Aggregate - $2,000,000.
d. Worker's Compensation
The Contractor shall comply with all applicable Worker's Compensation, occupational disease, and
occupational health and safety laws and regulations. The State of Washington and DSHS shall not
be held responsible for claims filed for Workers Compensation under RCW 51 by the Contractor or
its employees under such laws and regulations.
e. Employees and Volunteers
Insurance required of the Contractor under the Contract shall include coverage for the acts and
omissions of the Contractor's employees and volunteers. In addition, the Contractor shall ensure
that all employees and volunteers who use vehicles to transport clients or deliver services have
personal automobile insurance and current driver's licenses.
f. Subcontractors
The Contractor shall ensure that all subcontractors have and maintain insurance with the same
types and {imits of coverage as required of the Contractor under the Contract.
g. Separation of Insured's
All insurance policies shaH include coverage for cross liability and contain a°Separation of
Insured's" provision.
h. Insurers
The Contractor shall obtain insurance irom insurance companies identified as an admitted
insurer/carrier in the State of Washington, with a Best's Repo�ts' rating of B++, Class VII, or better.
Surplus Lines insurance companies will have a rating of A-, Class VII, or better.
i. Evidence of Coverage
The Contractor shall, upon request by DSHS, submit a copy of the Certificate of Insurance, policy,
and additional insured endorsement for each coverage required of the Contractor under this
Contract. The Certificate of Insurance shall identify the Washington State Department of Social and
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Special Terms and Conditions
Health Services as the Certificate Holder. A duly authorized representative of each insurer,
showing compliance with the insurance requirements specified in this Contract, shall execute each
Certificate of Insurance.
The Contractor shall maintain copies of Certificates of Insurance, policies, and additional insured
endorsements for each subcontractor as evidence that each subcontractor maintains insurance as
required by the Contract.
j. Material Changes
The insurer shall give the DSHS point of contact listed on page one of this Contract 45 days
advance written notice of cancellation or non-renewal. If cancellation is due to non-paymerrt of
premium, the insurer shall give DSHS 10 days advance written notice of cancellation.
k. General
By requiring insurance, the State of Washington and DSHS do not represent that the coverage and
limits specified will be adequate to protect the Contractor. Such coverage and limits shall not be
construed to relieve the Contractor from liability in excess of the required coverage and limits and
shal! not limit the Contractor's liability under the indemnities and reimbursements granted to the
State and DSHS in this Contract. All insurance provided in compliance with this Contract shaA be
primary as to any other insurance or self-insurance programs afforded to or maintained by the
State.
I. Waiver
The Contractor waives all rights, claims and causes of action against the State of Washington and
DSHS for the recovery of damages to the extent said damages are covered by insurance
maintained by Contractor.
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Special Te�ms and Conditions
Exhibit A Rate Table
Provider Rate Payment Calculation Payment
Codes
Out-of home in a Adult $10.03 hr
day care center (must be Not to exceed 8 hours in a 24 hour 8177,
contracted with the Area Daily =$80.24 period. 8277,
Agency on Aging (AAA) [8 hrs x$10.03) 8377,
Prior approval required to authorize 8777
more than 8 hours
Camp and other $17.46 hr Community Settings will be
community settings reimbursed at the Contractor's 8177,
providing respite published fee for services provided 8277,
unless the number of hours 8377,
authorized exceeds the number of 8777
hours of respite provided.
The maximum rate for one hour of
service $17.46.
Number of respite Hours =
Cost of service (published fee) =
$17.46.
Notes:
• Respite and personal care cannot be paid at the same time for the same service. Respite
services include any personal care and supervision that is needed.
■ SSPS authorizations will be authorized at an hourly rate.
• A copy of the Contractor's Published Service and Fee Schedufe can be located at the
following web site www.itallhappenshere.org. A printed copy of the Contractor's Published
Service and Fee Schedule shall be maintained in the Contractor's Contract file for each year
services are provided by this Contract.
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1803XP DDD Respite in Community Settings (5-6-11} Page 19
COiJNCIL MEETING DATE: Apri116, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: LANDSCAPE BID AWARDS
ITEM #:
POLICY QUESTION: Should the City accept Landscape Services bids and authorize the Mayor to enter into
2 year maintenance agreements with the successful bidders?
COMMITTEE: PRHSPS
CATEGORY:
� Consent
❑ City Council Business
�■
Ordinance
Resolution
MEETING DATE: Apri19, 2013
❑ Public Hearing
❑ Other
DEPT: PRCS
STAFFREPORT BY: Ste�hen Ikerd, Parks & Facilities Manager ........................................................................................................................................-----...........................................__.._.._........_..._..
............................................................................................... ............................. _...
Attachments: March 26`�', 2013 PRHSPS Committee Memo, Bid Tabulation sheet.
Options Considered:
l. Authorize bid awards for 2 year Landscape Maintenance Agreements in the amount of $128,482.00 to:
Tota1 Landscape Corporation and $16,000.00 to: For the Love of Landscape and authorize the Mayor to
execute said agreements.
2. Do not accept bids for Landscape Maintenance Service and provide direction to staff.
................................................................................. ................................... ..................._..................................................................................................
MAYOR'S RECOMMENDATION: Option 1; Authorize bid awards for 2 year Landscape Maintenance Agreements in
the amount of $128,482.00 to: Total Landscape Corporation and $16,000.00 to: For the Love of Landscape and
authorize the Mavor to execute said aQreements and forward to the full Council April consent agenda for approval.
MAYOR APPROVAL: � DIRECTOR APPROVAL: _C�
r� nPP r„��.�❑ Committee Council
COMMITTEE RECOMMENDATION: I move to authorize the bid awards for 2 year Landscape Maintenance
Agreements in the amount of $128,482.00 to: Total Landscape Corporation and $16,000.00 to: For the Love of
Landscape and authorize the Mayor to execute said agreements and forward to the full Council Aprdl 16, 2013
consent agenda for approval.
PROPOSED COUNCIL MOTION: "I move approval to award 2 year Landscape Maintenance Agreements in the
amount of $128,482.00 to: Total Landscape Corporation and $16,000.00 to: For the Love of Landscape and
authorize the Mayor to execute said agreements "
(BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances on[y) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
CITV OF
� Federal Way
13id \amc: Park Lnndscape �laintenancc
Rid Sumbcr.
Bid ('lusing Datc A �fimc:
Bid OpeninK Date & �I�imr.
13id Opening Place:
Project �lann�;cr:
ITEM DESCRIPTION
Adelaide
Alderbrook
Alderdale
Cedar Grove Park
Coronado Park
Dash Point Highlands
Dumas Bay Sancutar�
English Gardens
Lake Grove
Laurelwood
Lakota
Mirror Lake Park
Olympic View Park
Palisades Park
SW 312th Courts
Wildwood
Wedgewood Park
Winco Park
Sculpture Park
Hourly rate - Parks
FWCC
zazii� z:uu v��
2/22/13 2:U0 P.�l
('ih� IInII
Stecclkcrd
sub total for Park sites
�UCT1aS C@Iltl'2 - 3 person crew @ 2 hrs
Houriv rate - DBC
B�a �
For the Love of
Landscape
wl tax
$3,823.74
$10,091.52
$7,647.48
$6,307.20
$3,823.74
$5,045.76
$3,863.16
$6,307.20
$5,045.76
$8,830.08
$10,091.52
$7,568.64
$7,568.64
$10,091.51
$5,045.76
$5,361.12
$6,307.20
$2,641.14
$3,863.16
$119, 324. 33
$39.42
$5, 361.20
$262.80
$43.80
BID TABULATION SHEET
Bid 2 I Bid 3 I Bid 4 I Bid 5 I Bid 6
Total Landscape Osaka Green Effects Omni Tru Green
wl tax
$1,533.00
$7,358.40
$1,839.60
$1, 839.60
$1,533.00
$1,533.00
$1, 839.60
$2,146.20
$1,533.00
$2,452.80
$8, 584.80
$2,452.80
$2,452.80
$1,051.20
$1, 226.40
$1, 839.60
$1,839.60
$1, 226.40
$1,051.20
$45, 333. 00
$38.33
$10, 512.00
$229.95
$38.33
w/tax
$5, 326.08
$9, 318.45
$6,657.60
$3,996.75
$3,996.75
$3, 328.80
$6,657.60
$5, 326.08
$6,657.60
$7,989.12
$11, 319.92
$7,989.12
$7,989.12
$6,657.60
$2,660.85
$10,654.35
$5,326.08
$2,660.85
$1,997.28
$116,510.00
$30.00
$9,318.45
$210.00
$35.00
$6, 374.26
$9,499.56
$6,670.08
$5,767.15
$5,155.48
$5,020.25
$4,974.48
$4,689.45
$ 7, 079.94
$9, 345.61
$18,470.68
$5,274.07
$4,527.17
$6, 593.54
$4,855.89
$8,987.76
$3,927.98
$3, 362.09
$4,256.70
$124, 832.14
w/ tax
$5,224.28
$9,456.86
$5, 790.65
$4,017.76
$3, 312.51
$4,014.50
no bid
$5,175.45
$3,113.95
$7,147.98
$11,348.02
$3,464.41
$3,456.81
$4,459.35
$2,183.02
$6,315.79
$4,539.64
$2,512.86
no bid
$85, 533. 84
$38.00 $38.50
$13,321.44 no bid
$264.00 no bid
$38.00 $38.50
w/ tax
$1,697.69
$4,668.64
$3,147.80
$ 3, 395. 38
$2,405.06
$1,768.43
$2, 334. 32
$1,839.16
$1,520.85
$4,058.51
$8, 583.92
$3,447.94
$1,867.63
$4,597.25
$1,580.30
$3,627.52
$4, 597.25
$1,867.63
$2,442.29
$59,447.57
$31.00
$5,658.98
$186.00
$31.00
Bid Notes: Original split bid award shows For the Love of Landscape wins FW Community Center, Total Landscape wins 14 Parks and TruGreen wins 5 Parks and Dumas Bay Centre.
However; TruGreen decided to not accept this package and that meant Total Landscape would win all the Parks. Osaka Garden the next lowest bid for DBC also turned down the site, so the
next low bid for Dumas Centre is Total Landscape who accepted the site. The results: upon Council approval, Total Landscape will be awareded all the park sites and Dumas Bay Centre.
�CITY OF
Federal Way
Parks and Facilities Division
Date: March 26, 2013
To: PRHSPS Council Committee
From: Stephen Ikerd, Parks & Facilities Manager
Via: Mayor Skip Priest
Cary M. Roe, P.E., Director of Parks, Public Works & Emergency Mgmt.
Subject: Landscape Maintenance Service Bids
Resubmittal: This request is being resubmitted due to an accounting error discovered
prior to approval on the Consent Agenda at the March 19th Council meeting, in which the
item was pulled and remanded back to the PRHSPS Committee. The March 19th
request was for a two year contract, but the Park sites portion of the $81,149.00
submitted was discovered to only cover one year. The corrected amount being
requested for a two year contract is $128,482.00
Background: Staff solicited basic landscape maintenance service bids for finrenty one
(21) City sites, which include; Dumas Bay Centre, FW Community Center and nineteen
(19) Parks. Seven (7) companies responded to a Request for Proposals (RFP)
advertisement. Bid results are as follows: (See attached bid tabulation sheet)
Note: An information meeting was held prior to bidding and attendees were informed
that funding had been reduced in the Parks Department and we did not know how many
of the sites would fit into the allocated budget until bid results were received. They were
also informed that the City reserved the right to split the sites into more than one
contract if there was a financial advantage to the City. Dumas Bay Centre would also be
bid differently than the other sites with defined routine tasks. DBC was bid on an as
needed weekly work order system, based on a 3 person crew rate of 2 hours minimum
work per visit.
References:
Total Landscape is new to the City. References from other municipalities were all very
favorable.
For the Love of Landscape is new to the City. References from other companies were all
good.
Contract award recommendations:
Total Landscape Corporations; 19 Park sites & Dumas Bay Centre =$128,482.00 total
two year contract, which includes $12,000 contingency over the two year period. Parks
Division will manage the contract for these sites.
For the Love of Landscape; FW Community Center =$16,000.00 total finro year contract,
which includes $5,277.60 contingency over the two year period. The Community Center
will manage a separate contract for this facility.
Budget: The grand total amount of $144,482.00 for all 21 sites is within the 2013-2014
Council approved budgets. These basic landscape services will be funded through three
(3) different accounts: Park Operations, Dumas Bay Centre & FW Community Center.
COUNCIL MEETING DATE: April 16, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: � �
SUBJECT: Selecrion Process — 2013 Amendments to the Federal Way Comprehensive Plan (FWCP)
POLICY QUESTION: Which of the citizen-initiated site-specific requests for comprehensive plan amendments should
move forwazd for fiuther review?
COMMITTEE: Land Use/Transportarion Committee (LUTC)
CATEGORY:
❑ Consent
❑ . City Council Business
�I�
■
Ordinance
Resolution
MEETING DATE: April 1, 2013
� Public Hearing
❑ Other
STAFF REPORT BY: Principal Planner Margaret Clark DEPT: Community & Economic Development
Attachments: Mazch 26, 2013, Staff Report to the LiTTC with Exhibits A—H
BaCkground: The Federal Way Revised Code (FWRC) requires the city to accept applications for amendments to the
Federal Way Comprehensive Plan (FWCP) on an annual basis. The city received the following three citizen-initiated
requests for site-specific comprehensive plan amendments in September 2013: 1) Request from Chad Weiser on behalf of
the Federal Way Public Schools for a comprehensive plan amendxnent and rezone of parcel 082104-9001 (38.32 acres),
Federal Way High School, located at 31031 Pacific Highway South from Single Family High-Density Residential and RS
?.2 (One unit per 7,200 square feet) to Community Business (BC); 2) Request &om Joshua Alhadeff for a comprehensive
plan amendment and rezone of parcel 082104-9139 (0.93 acres) located at 30819 14th Avenue South from Professional
Office (PO) to Multiple Family Residenrial and RM 1800 (One unit per 1,800 square feet); and 3) Request from Dr. Greg
and Leanne Summers for a comprehensive plan amendment and rezone of parcels 442060-0025 and 4420600-0030, totaling
1.05, acres from Corporate Park (CP-1) to Single Family High Density Residential and RS 9.6 (One unit per 9,600 square
feet). Pursuant to FWRC 19.80.080, after the deadline for accepting applicarions and following an LUTC recommendation,
the City Council shall hold a public hearing and select those docketed amendment requests it wishes to move to the Planning
Commission for further consideration.
O�tions Considered: 1) Concur with the Ma�or's recommendation; 2) Do not concur with the Ma�+or's recommendation.
MAYOR'S RECOMMEMDATION: That the citizen-initiated site-specific requests move forward for fi�r r considera�.
MAYOR APPROVAL: �i�I��1 ��� DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: I move to fonvard tlee- ' ' to the April 16, 2013, City Council
meeting for a publie hearing. �!.� IC' -fl�►rY,� C�+fZe'.vt s r� sP� {7`C� r�'ctu��fs
/1
,
� �
e
B b Celski, hair
PROPOSED COUNCIL MOTION: "I m�
(BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 13T ��ng
❑ TABLEDlDEFERRED/NO ACT[ON EeacEment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
0
REVISED — OS/12/20I0
K:\Comprehensive Plan�2013 Comprehensive Plan\Selection Process\LUTC�Agenda Bill.doc
RESOLUTION #
�
CITY OF �
Federai Way
DATE:
To:
FROM:
SUBJECT:
March 26, 2013
Bob Celski, Chair
Land Use/Transpo 'on Committee (LiTTC)
'a
Patrick Dohert � or of Community and Economic Development
Margaret H. lark, Principal Planner rNaR-
Selection Process — 2013 Comprehensive Pdan Amendments
MEETING DATE: A ril 1, 2013
I.
II.
�_�
IV.
POLICY QUESTION
Which of the three citizen-initiated site-specific requests for comprehensive plan amendments
should move forward for further review?
BACKGROUND
The Federal Way Revised Code (FWRC) requires the city to accept applications for amendments
to the Federal Way Comprehensive Plan (FWCP) text and map on an annual basis. The city
received three requests in September 2012.
Pursuant to FWRC 19.80.080, after the September 30`� deadline for accepting applications and
following an LUTC recommendation, the City Council shall hold a public hearing and select
those docketed amendment requests it wishes to move to the Planning Commission for further
consideration.
COMPREHENSIVE PLAN AMENDMENTS
Changes and updates to the comprehensive plan are divided into text changes to chapters of the
comprehensive plan and requests for changes to comprehensive plan designations and zoning for
specific parcels, which would result in changes to the Comprehensive Plan Map and Official
Zoning Map. The city received three citizen-initiated comprehensive plan amendments in
September 2012 (2013 Comprehensive Plan Update).
REASON FOR COUNCIL ACTION
Pursuant to FWRC 19.08.050, Process VI, "Council Rezones," the City Council is required to
review all requests concurrently during a public hearing at which time the council selects those
amendment requests it wishes staff to research further.
Land Use/Transportation Committee (LUTC) M�ting Date: April l, 2013
Selection Process — Comprehensive Plan Amendments Page 1 of 8
V.
VI.
PROCEDURAL SUMMARY FOR COMPREHENSIVE PLAN AMENDMENT SELECTION PROCESS
April l, 2013
April 16, 2013
LUTC Meeting — A summary of all requests will be presented to the LLJTC
for a recommendation on which requests should be considered further.
City Council Public Hearing — The City Council shall determine which
requests should move forward for further review.
BACKGROUND AND STAFF ANALYSIS — SITE-SPECIFIC REQUESTS (Exhibit A— Composite Map)
A. Site-Specific Request #1— Federal Way Iiigh School
1. Summary
File Number:
Parcel No.:
Address:
Location:
Size:
Ezisting Land Use:
Applicant/Owner:
Existing
Comprehensive Plan:
Eaisting Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
2. Reason for the Request
12-104790-UP
082104-9001
31031 Pacific Highway South
West of Pacific Highway South between South 304�` Street and
South 308�' Street (Exhibit B)
3832 acres
Federal Way High School
Federal Way Public Schools (FWPS)
Single Family —High Density Residential
Single-Family Residential (RS) 7.2 (one unit per 7,200 square feet)
Community Business
Community Business (BC)
The FWPS is requesting the comprehensive plan designation and rezone in preparation to
rebuild Federal Way High School. The existing school, built in 1953, is outdated and
needs to be rebuilt to better accommodate the needs of the students. Both the existing RS
7.2 zone and the requested BC zoning allow schools; however, the BC zone allows more
flexibility in terms of development standards.
3. Surrounding Zoning & Land Use (Exhibit C— Aerial Map)
Zoning Land Use
Professional Office (PO)
Multifamily (RM 2400, one unit Church, Dental Office, Multi-
North per 2,400 square feet) family and Single Family
Mulrifamily (RM 3600, one unit Residenrial
per 3,600 square feet)
Land Use/Transportarion Committee (LITTC) Meeting Date: April 1, 2013
Selection Pmcess — Comprehensive Plan Amendments Page 2 of 8
Zoning Land Use
Community Business (BC)
Multifamily (RM 1800 one unit Retail, Multifamily, Single
South per 1800 square feet) � Family Residenrial, and
Church
Professional Office (PO)
East Community Business (BC) Retail, Office, Multifamily,
and Velucle Service Facility
Single Family —High Density
West Residential [RS 7.2 (one unit per Single Family Residential
7,200 square feet)]
B. Site-Specific Request #2 — Alhadeff
1. Summary
File Number:
Parcel No.:
Address:
Locallon:
Size:
Ezisting Land Use:
Applicant/Owner:
Ezisting
Comprehensive Plan:
Egisting Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
2. Reason for the Request
12-104793-UP
082104-9139
30819 14�' Avenue South
West of 14�' Avenue South and south of South 308`� Street
(Exhibit D)
0.93 acres
Church
Joshua Alhadeff
Professional Office
Professional Office (PO)
Multiple Family Residential
Multifamily Residential(RM) 1800 (one unit per 1,800 square feet)
The applicant would like the option to build multi-family units on the property.
3. Surrounding Zoning & Land Use (Exhibit E— Aeriad Map)
Zoning Land Use
Single Family —High Density
North Residential (RS 7.2 [one unit Federal Way High School
per 7,200 square feet])
South Professional Office (PO) Dental Office
East Multifamily (RM 1800, one P�.�g �� Multifamily
unit per 1800 square feet)
West Multifamily (RM 1800, one Multifamily
unit per 1800 square feet)
Land Use/Transportation Committee (LUTC) Meeting Date: April 1, 2013
Selection Process — Comprehensive Plan Amendments Page 3 of 8
C. Site-Specific Request #3 — Summers
1. Summary
File Number:
Parcel No's.:
Address:
Location:
Size:
Existing Land Use:
Applicant:
Agent:
Owners:
Existing
Comprehensive Plan:
Ezisting Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
2. Reason for the Request
12-104794-UP
442060-0025 & 4420600-0030
No site address
South of North Lake, between 30`� Avenue South, South 337�'
Street and 33'� Place South (Exhibit F)
1.05 acres
Vacant
Dr. Greg and Leanne Summers
Craig Coates
Dr. Greg and Leanne Summers
Corporate Park
Corporate Park (CP-1)
Single Family High Density Residential
Single-Family Residential (RS) 9.6 (one unit per 9,600 square feet)
At the time that the city incorporated in February 1990, these parcels were zoned RS
7200 pursuant to King County Zoning, Title 21. This was a single family dwelling
classification with a minimum required lot area of 7,200 square feet. These parcels were
part of a larger azea annexed into the city in September 1994 with a zoni.ng designation of
CP-1 pursuant to a Concomitant Pre-Annexation Zoning Agreement between
Weyerhaeuser, who owned the property at that time, and the City of Federal Way. The
CP-1 Zone was intended for property that could be used as corporate headquarters.
However, terms of the concomitant agreement also stated that the Community and
Economic Development Director could determine other compatible uses in addition to
those specifically permitted in that zone. The director did make a imding that single
family residential is a permitted use in the CP-1 zone in March 26, 2012, correspondence
(Exhibit G) .The Summers have since purchased these two parcels for residential
purposes and would like the property to be rezoned to RS 9.6, which is consistent with
the existing adjacent zoning to the east.
3. Surrounding Zoning & Land Use (Exhibit H— Aerial Map)
Zoning Land Use
North Unzoned North Lake
South Corporate Park 1(CP-1) South 337`� Street Right-of-Way
Office Park 1 (OP-1)
Single Family —High Density
East Residential (RS 9.6 [one unit Single Family Residenrial
per 9,600 square feet])
West Corporate Park 1(CP-1) Vacant
Land Use/Transportarion Committee (LUTC) Meeting Date: April 1, 2013
Selecrion Process — Comprehensive Plan Amendments Page 4 of 8
VII. SELECTION CRITERIA
FWRC 19.80.080 contains criteria for selecting amendments for further consideration.
A. Criterion #1— Whether the same area or issue was studied during the last amendment process
and conditions in the immediate vicinity have significantly changed so as to make the
requested change within the public interest.
Response to Criterion #1—
Request
Site Specific Request #1—
Federal Way High School
Site Speciftc Request # 2 —
Alhadeff
Site Specific Request # 3 —
Summers
Response
None of these requests were studied during the last amendment
process, or during any previous amendment cycle.
B. Criterion #2 — The proposed amendment is consistent with the overall vision of the
comprehensive plan.
Response to Criterion #2 —
Request Response
Site Specific Request #1— Changing the designation of this parcel to Community Business
Federal Way High School would be consistent with the overall vision of the comprehensive
plan, which states that the Community Business designation
encompasses two major retaiUcommercial areas along the SR-99
corridor, including the segment between South 272°d Street and South
312`� Street, and the segment between South 324`� Street and
approximately South 339`� Street. This parcel lies between South
272°a Street and South 312`� Street.
Site Specific Request # 2— Changing the designation of tlus parcel to Multifamily would be
Alhadeff consistent with the overall vision of the comprehensive plan, which
states that the mulrifamily residenrial land use designarion represents
an opportunity to provide a range of housing types to accommodate
anticipated residential growth. The increase in population, decline in
average family size, and increased cost of single-family homes have
created heary demand for new housing types.
Site Specific Request # 3— Changing the designarion of this parcel to Single Family would be
Summers consistent with the overall vision of the comprehensive plan, which
states that the demand for and development of single-family housing
is expected to continue for the foreseeable future. Single-family
development will occur as in-fill development of vacant lots scattered
throughout existing neighborhoods and as subdivisions on vacant
tracts of land.
Land Use/Transportation Committee (LUTC) Meeting Date: April 1, 2013
Selection Pmcess — Comprehensive Plan Amendments Page 5 of 8
C. Criterion #3 — Whether the proposed amendment meets the existing state and local laws,
including the GMA.
Response to Criterion #3 — None of the requested amendments would be in conflict with local
or state laws if subsequent development of the parcels are in compliance with local and state
regulations, including the FWRC and State Environmental Policy Act (SEPA).
D. Criterion #4 — In the case of text amendments, or other amendments to goals or policies,
whether the request benefits the city as a whole versus a selected group.
Response to Criterion #4 — Not applicable. The requests aze site-specific requests and not
requests for text amendments.
If the request meets the criteria set forth in subsections above, it shall be further evaluated
according to the following criteria:
E. Criterion #1— Whether the proposed amendment can be incorporated into planned or active
projects.
Response to Criterion #1— If the City Council determines that these requests should be
analyzed further, they can be incorporated into the 2013 Planning Commission Work Program.
F. Craterion #2 — Amount of analysis necessary to reach a recommendation on the request. If a
large-scale study is required, a request may have to be delayed until the following year due to
workload, staffing levels, etc.
Response to Criterion #2 — None of the requests require a large-scale study.
G. Crdterion #3 — Volume of requests received. A large volume of requests may necessitate that
some requests be reviewed in a subsequent year.
Response to Criterion #3 — Only three requests were received for the 2013 Comprehensive
Plan Amendment Cycle.
H. Criterion #4 — Order of requests received.
Response to Criterion #4 — The requests were received in the following order:
1. Federal Way High School
2. Alhadeff
3. Summers
VIII. COUNCIL ACTION
Pursuant to FWRC 19.80.080(4), based on its review of requests according to the criteria in
Section VII of this staff report, the City Council shall determine which requests shall be further
considered for adoption and shall forward those requests to the Planning Commission for its
Land Use/Transportation Committee (LUTC) Mceting Date: April l, 2013
Selection Pmcess - Comprehensive Plan Amendments Page 6 of 8
l i`�
►:�
review and recommendation. The council's decision whether to consider a proposed amendment
shall not constitute a decision or recommendation that the proposed amendment should be
adopted, nor does it preclude later council action to add an amendment for consideration.
MAYOR'S RECOMMENDATION
A. Site-Specific Request #1— — Request from Chad Weiser on behalf of the Federal Way Public
Schools for a comprehensive plan amendment and rezone of parce1082104-9001 (38.32 acres),
Federal Way High School, located at 31031 Pacific Highway South from Single Family High-
Density Residential and RS 7.2 (one unit per 7,200 square feet) to Community Business (BC).
Mayor's Recommendation —The Mayor recommends that the request move forward for
further review.
B. Site-Specific Request #2 — Request from Joshua Alhadeff for a com�rehensive plan amendment
and rezone of parce1082104-9139 (0.93 acres) located at 30819 14 Avenue South from
Professional Office (PO) to Multiple Family Residential and RM 1800 (one unit per 1,800
square feet).
Mayor's Recommendation — The Mayor recommends that the request move forwazd for
further review only if the owner of the parcel to the south also requests the same change.
C. Site-Specific Request #3 — Request from Dr. Greg and Leanne Summers for a comprehensive
plan amendment and rezone of parcels 442060-0025 and 4420600-0030, totaling 1.05 acres
from Corporate Park (CP-1) to Single Family High Density Residential and RS 9.6 (one unit
per 9,600 square feet).
Mayor's Recommendatdon — The Mayor recoxnmends that the request move forward for
further review.
LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION
The LITTC forwards the recommendation to the full Council as follows:
1. Federal Way Public Schools Request
a) � That the request go forward for further consideration.
b)
AL OF
\�/
Chair
That the request not go forward for further consideration.
REPORT:
Burbidge,
�.
Diana
r
Member
Land Use/Transportation Committee (LUTC) Meeting Date: April 1, 2013
Selection Process — Comprehensive Plan Amendments Page 7 of 8
2. Alhadeff Request
a) � That the request go forward for further consideration.
b)
AL OF
J� i
Chair
That the request not go forward for further consideration.
Burbidge,
L�'`� �i� l��E��� r
E Diana Noble-Gulliford,�
3. Summers Request
a) � That the request go forward for further consideration.
b)
Chair
That the request not go forward for further consideration.
XI. LIST OF EXHIBITS
E�ibit A
Exhibit B
Exhibit C
E�ibit D
Exhibit E
Exhibit F
Elchibit G
Exhibit H
�
r-�-� �
Burbidge, :
�� Ge�/
'r Diana Noble-Gullifo ,, Member
Composite Map
Vicinity Map of Site-Specific Request #1 — Federal Way School District
Aerial Map of Site-Specific Request #1 — Federal Way School District
Vicinity Map of Site-Specific Request #2 — Alhadeff
Aerial Map of Site-Specific Request #2 — Alhadeff
Vicinity Map of Site-Specific Request #3 — Summers
March 26, 2012, Correspondence from the Community and Economic
Development Director
Aerial Photo of Site-Specifc Request #3 — Summers
K:\Comprehensive P1an�2013 Comprehensive Plan\Selection Process\LUTC\Staff Report to the LUTC.doc
Land Use/Transportation Committee (LUTC) Meeting Date: April 1, 2013
Selection Process - Comprehensive Plan Amendments Page 8 of 8
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City of Federal Way
2013
Comprehensive
Plan Amendments
Composite Map
Exhibit A
Site Specific Requests
Legend
� Request Locations
= Federal Way City Limits
;-��.
�
Request Key
1. - Federal Way Public Sc�ols
2. - Alhadeff
3. - Summers
�
�
0 0.5 1 '
N �
Mile
This map is accompanied by no warranties,
and is simply a graphic representation.
City of Federal Way
2013
Site Specific Requests
for Comprehensive Plan and
Zoning Designation Changes
Federal Way
School District
Site Specific Request #1
Exhibit
Legend
Site Specific Request
Buildings
Streets
Streams (City Survey) ,
Wetlands (1998 City Survey)
� Zoning Boundary*
Note: An asterix (') next to a zoning
designation indicates the property is
governed by a development agreement.
\�
%
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�0 Feet
CI7Y OF
�. Federal Way
This map is accompanied by no warranties,
and is simply a graphic representation.
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City of Federal Way
2013
Site Specific Requests
for Comprehensive Plan and
Zoning Designation Changes
Federal Way
School District
Site Specific Request #1
Exhibit
Legend
Site Specific Request
St�eams (City Survey)
Wetlands (1998 City Survey)
{ �� Zoning Boundary*
Note: An asterix (') next to a zoning
designation indicates the property is
governed by a development agreement.
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N 0 250 500
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GTY OP
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This map is accompanied by no warranties,
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City of Federal Way
2013
Site Specific Requests
for Comprehensive Plan and
Zoning Designation Changes
Alhadeff
Site Specific Request #2
Exhibit
Legend
Site Specific Request
Wetlands (1998 City Survey)
QZoning Boundary*
Buildings
Streets
Note: An asterix (') next to a zoning
designation indicates the property is
governed by a development agreement.
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�R Com lan\2013\Ma s\ssr2 2013A.mxd
City of Federal Way
2013
Site Specific Requests
for Comprehensive Plan and
Zoning Designation Changes
Summers
Site Specific Request #3
Exhibit
Legend
Site Specific Request
Wetlands (1998 City Survey)
� Zoning Boundary*
Buildings
Streets
Note: An asterix (') next to a zoning "�
designation indicates the property is
governed by a development agreement.
/, �
=�
N 0 125 250
Feet
CITY OF
� Federal Way
This map is accompanied by no warranties,
and is simply a graphic representation.
.` GITY OF
.....�'� Federal
March 26, 2012
Greg and LeAnne Summers
3106 South 337� Street
Eederal Way, WA 98001
Dear Mr. d� Mrs. Summers:
�� G� _ __ _
w V �/ LJ /. ,\ �f`+, .
���
Wa �� 8�, A�,� ��,
y Fe�al Way WA 98003_6325
(253) 835-7000
WWW.CltyID/f2dE'.l3�W8J/.00111
T'his leu� is a follow up to our meeting of January 12, 2012, regarding parcel numbers 4420600030 8c
4420600025. T'hese parcels are zoned Corporate Park t(CP-t ). You have expressed an interest in
purchasing these parcets from the Weyerhaeuser Corporation with the intent of potentially using them for
residential purposes. You further indicated your interest in completing a Comprehensive Plan amendment
to change the Comprehensive Plan designation and zoning of the property to Single-Family High-Density
and RS9.6 respectively.
The city is supportive of your request. [n that you would tike to purchase the property soon and amending
the Comprehensive Plan and zoning map is a lengthy process, we discussed an alternative that would give
you conficknce to move focward with the real estate transaction in the near fuhue. That alternative is for
the city to find that singte-family residential use is a permitted use in the CP-1 zoning district.
Pucsu�nt to the Ccxporate Park Zone Concomitant Agceement, Exhibit C, Section V[I(Ax 14), [ find that
single-family cesidential use is a permitted use in the CP-1 zoning distric� The use is cflmpatible with
other uses pecmitted in the CP-1 zone, especially given the location of the subject parcels abutting single-
family zoning and uses to the east, abutting a clubhouse building slightly to the west, and the lake to the
north.
Please do not hesitate to contact me if you have any questions. [ can be reached at 253-835-2612 or
patrick.doherty.na,citvoffederalwa .y com.
Sincerely,
�
.
�
' k Doherty
Director, Comrrtuni and Economic Development
c: Lsaac Conlen, PI�►ning Manager
Margaret Clark, Principal Planner
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City of Federal Way
2013
Site Specific Requests
for Comprehensive Plan and
Zoning Designation Changes
Summers
Site Specific Request #3
Exhibit
Legend
Site Specific Request
Wetlands (1998 City Survey)
� Zoning Boundary*
�.
; �:
Note: An asterix (*) next to a zoning
designation indicates the property is
governed by a development agreement.
� �
'�
N 0 125 250
Feet
�QTY OF !
► Federal Way
I= T .
This map is accompanied by no warranties,
°+ and is simply a graphic representation.
COUNCIL MEETING DATE: April 16, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: � �
SUBJECT: Olympic View NTS — Westway
POLICY QUESTION: Should the Council approve the proposal for one-way streets, back-in angle parking, and
speed humps on SW 333`� Street and SW 334`h Street, and allow the expenditure to exceed the $15,000 per
neighborhood per year budget limitation policy?
COMMITTEE: Land Use and Transportation Committee
�' eTFGORY:
�onsent
❑ Ordinance
MEETING DATE: April 1, 2013
❑ Public Hearing
(� City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Rick Perez, P.E., Cit Traffic Engineer DEPT: Public Works
Y ............................................. _... .................................................... ........_....................__.................._._._....
Attachments: Land Use and Transportation Committee memorandum dated April l, 2013.
Options Considered:
1. Authorize the installation of two speed humps on SW 333` Street and SW 334 Street, conversion to
one-way streets, and installation of back-in angle parking in Westway, exceeding the annual expenditure
limit per neighborhood.
2. Do not authorize the proposal and provide direction to staff.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the April 16, 2013 City Council
Consent Agenda for approval.
MAYOR APPROVAL: 7Ly��� �7���� 2'�/j DIRECTOR APPROVAL: � �
r,,.,,,.,: ..a r���.,�� Committee Cow�cil
COMMITTEE RECOMMENDATION: Forward Option 1 to the April 16, 2013 City Council' Busrne55Agenda for
approval.
n � \ �� , �C/,C� \ "' „
% - Y�
Bob Celski, air� ' Jeanne Burbid e, Member Diana Noble-Gullifor , Member
PROPOSED COUNCIL MOTION: "I move approval of the installation of two speed humps on SW 333"� Street
and SW 334`�` Street, conversion to one-way streets, and installation of back-in angle parking in Westway,
exceeding the annual expenditure limit per neighborhood. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFlCE)
COUNC[L ACTION:
❑ APPROVED COUNC[L B[LL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READ[NG (ordinances on[y) ORDINANCE #
REV [SED — 02/06/2006 RESOLUTION #
DATE:
TO:
VIA:
�Z�J�
SUBJECT:
CITY OF FEDERAL WAY
MEMORANDUM
April 1, 2013
Land Use and Transportation Committee l�
Skip Priest, Mayor ����
Cary M. Roe, P.E., Director of Parks, Pubj,�� Works and Emergency Management�iW `
Rick Perez, P. E., City Traffic Engineer /���
Olympic Vew NTS — Westway
BACKGROUND:
Residents in the vicinity of SW 333`� Street and SW 334�' Street between 21S` Avenue SW and 26�' Avenue SW
submitted a petition requesting the installation of traffic calming devices to control vehicle speeds in an effort to
improve vehicular and pedestrian safety on these streets. A traffic study was conducted and the results are as
follows:
• Roadway Classification : Minor Collector (SW 333"� Street) /Local (SW 334`h Street)
• Average Daily Tra�c (ADT): SOS / 416, respectively
• 85`j` percentile speed: 28.0 / 24.4 mph, respectively
Based on the current adopted NTS installation criteria (per table below), SW 333'� Street scored 3.5 total
severity points, and SW 334th Street scored 0.5 total severity points. This meets the minimum 3.0 severity point
to qualify for the installation of traffic calming devices. SW 334th Street was included in the analysis due to its
high potential for carrying diverted traffic if traffic calming were implemented only on SW 333'� Street. It
should also be noted that the majority of points scored were due to a fatal bicycle / automobile collision. The
driver of the automobile was found to not be at fault.
Point
Scale
0.0
0.5
1.0
1.5
2.0
2.5
3.0
Table 1: Minor Collector (SW 333'd S
Percentile Average Daily Location
�d Traffic ADT) SchoollPark
0- 25 0-1 000 No
26 - 27 1 001 — 1 800 Yes
28 - 29
30 - 31
32 - 33
34-35
36+
, ,
1,801 — 2,600 -
2,601 — 3,400 -
3,401 — 4,200 -
4,201 — 5,000 -
5,001+ -
5-Year Collision Histo
Total In'u Fatal
1 - -
2 - -
3 1 -
4 - -
5 2 1
6 - -
7+ 3+ 2+
Olympic View `12 NTS
3/15/2013
Page 2
Table 2: Local �
Point 85"' Percentile Average Daily
Scale S eed Traffic (ADT)
0.0 0-25 0-500
0.5 26 - 27 501 - 600
1.0 28 - 29 601 - 700
1.5 30 - 31 701 - 800
2.0 32 - 33 801 — 900
2.5 34 - 35 901 — 1,000
3.0 36+ 1,001+
334`h Street;
Location
SchooUPark
No
�
�
�
�
�
5-Year Collision
Total In'ur
� �
3 1
4 -
5 2
6 -
7+ 3+
Fatal
1
2+
A neighborhood traffic safety meeting was held on November 8, 2012 to discuss potential traffic calming
devices that could be implemented within the neighborhood.
To be effective in reducing speeds within Westway and to improve vehicular and pedestrian safety, the
group consensus was to modify the street network into one-way streets, add additional parking by
utilizing back-in angle parking, reduce the speed limit within Westway to 20 mph, and install a speed
hump on each of SW 333'� Street and SW 334`�' Street. Also, with the pavement marking changes
addition of a shoulder area for pedestrians and bicyclists will become feasible. A detailed diagram of the
proposed project per this ballot is attached. The conversions to one-way streets would be as follows:
• SW 333`� Street between 22"d Place SW and 26`�' Avenue SW: westbound only
• SW 334`" Street between 22°a Place SW and 26th Avenue SW: eastbound only
• 22"a place SW between SW 333`� Street and SW 334�' Street: northbound only
• 23`� Avenue SW between SW 333`� Street and SW 334`" Street: southbound only
• 25�' Avenue SW between SW 333`� Street and SW 334�' Street: northbound only
The proposed speed hump locations are:
a. 2324 SW 333�' Street
b. 33402 24�' Ave SW on SW 334`" Street
The intent of the one-way streets is to:
• Create more on-street parking, as many households have more vehicles than parking spaces
available;
• Reduce intersection sight distance restrictions by eliminating some turning movements at
intersections;
• Provide a buffer between motorized traffic and pedestrians; and
• Reduce speeds by narrowing the field of vision for drivers.
Concerns with the one-way streets proposal are that it could increase traffic volumes on some streets, and
that significant enforcement would be necessary to ensure compliance to reduce the risk of head-on
collisions, especially immediately after the conversions. Police has committed to provide adequate
enforcement to address the latter concern.
The proposed reduction in the speed limit is being presented in a separate agenda item.
K:�LUTC�2013\04-01-13 Olympic View NTS - Westway.docx
Olympic View `12 NTS
3/15/2013
Page 3
In accordance with established NTS policies, staff sent ballots to property owners and occupants within
600 feet of the proposed traffic calming device locations and also to those with the proposal located along
their sole access route. The following table summarizes the ballot results:
One of the installation criteria requires a 51°/a majority approval of the returned ballots. Based on the
ballot results represented in the above table, the balloting exceeds this majority. Ten of the 13 "No" votes
expressed opposition to the one-way streets proposal.
The estimated cost of this project is approximately $30,000, which falls outside of the $15,000 per
neighborhood per year budget limitation policy. The current allocated NTS budget per year is $50,000
with $20,000 designated specifically for school NTS and/or school safety related improvements.
Anticipating the size of this project and other projects that could be approved in 2013, $30,000 was
recommended and approved by City Council in 2012-2013 budget carryforward, which provides
sufficient funds for this project without impacting other NTS projects already approved and pending in
2013. Staff recommends approving the proposal.
cc: Project File
Day File
K:�LUTC�2013'�04-01-13 Olympic View NTS - Westway.docx
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COUNCIL MEETING DATE: April 16, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUB.TECT: 2013 Planning Commission Work Program
POLICY QUESTION: How should the 2013 Planning Commission Work Program be prioritized?
�
COMMITTEE: Land Use/Transportation Committee (LUTC)
CATEGORY:
❑ Consent ❑ Ordinance
� City Council Business ❑ Resolution
STAFF REPORT BY: Margaret H. Clark, Principal Planner
MEETING DATE: April l, 2013
❑ Pubiic Hearing
❑ Other
DEPT: Community & Economic Development
Attachments: E�chibit A- February 27, 2013, Staff Report to the Planning Commission; and Exhibit B-
Mayor's Recommendation
Background: During the first part of each calendar year, the Planning Commission's work program for that year
is approved by the City Council. The Planning Commission's work program consists of reviewing and making
recommendations to the LUTC and City Council on comprehensive plan amendments that are docketed and
selected for further review, and zoning code amendments that are prioritized for review by the LUTC and City
Council. Staff presented a potential work program (E�ibit A) to the Planning Commission on February 27, 2013.
Options Considered: 1) Concur with the Mayor's recommendation; 2) Do not concur the Mayor's
recommendation.
MAYOR'S RECOMMENDATION: Approval of the 2013 Planning Commission Work Program as outlined in
E�chibit B.
_„
MAYOR APPROVAL: R; '�?� i�.�' DIRECTOR APPROVAL:
" Comm��— Council
COMMITTEE RECOMMENDATION: I move ta fnrward the Mayor's recommendation to the April 16, 2013, City
.&lSo1�sS meetin� �o'r ap roval G�s �i`?�fi`�ci- � uc�d Slntt#zc/i°� %I-l11�u�N�L i%� +�o =S�i��iC�
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Bob Celski. Chair �e I ne Burbid�e. Member Diana Noble-Gullifor , Member
PROPOSED COUNCIL MOTION: "I move a`g�froval of the Mayor's recommendation. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED i5T reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ NIOVED TO SECOND READ(NG (ordinances only) ORDINANCE #
REViSED — 08/12/2010 RESOLUTION #
K:\2013 Planning Commission Work Program\LUTC�.Agenda Bill.doc
CITY CtF � ��'' � a � :.;�;�
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STAFF REPORT TO THE PLANNING COMMISSION
DA�: February 27, 2013
To: Merle Pfeifer, Chair Planning Commission
FROM: Patrick Doherty, Director of Community and Economic Development
Margaret H. Clark, AICP, Principal Planner
SUB7ECT: 2013 Planning Commission and Long Range Planning Work Program
MEETING DATE: March 6, 2013
A. BACKGROUND
At the beginning of each calendar year, the Planning Commission's Work Program for that yeaz is
approved by the City Council. The purpose of this memorandum is to update the Planning
Commission as to the sta.tus of the 2012 Work Program and to inform the Planning Commission on
potential new work items for 2013. No action is being requested of the Commission.
This memorandum includes the following information:
• Section B — Completed items
• Section C— Status of items started in 2012 to be carried over into 2013
• Section D— 2013 Annual Comprehensive Plan Update
• Section E— 2013 Code Amendment Requests
• Section F— 2015 Major Comprehensive Plan Update
• Section G— Other Long Range Planning Responsibilities. This is a list of other long range
planning responsibilities that are not part of the Planning Commission Work Program but are
required to be done by long range planning staff.
• Section H— Potential Planning Commission Work Program/Staff Recommendation. This
includes work such as monitoring and reporting and the annual comprehensive plan
amendments which must be done. It also includes a prioritiaed list of potential code
amendments.
• Section I — Next Steps
B. COMPLETED ITEMS
• Amendments related to SEPA exemptions in critical areas (2012)
• Amendments related to High Profile Signs (2012)
• Amendments related to Wall Mounted Banners (2012)
• Amendments related to Temporary Uses (2012)
• Amendments related to Business Registration and Temporary Business (2012)
• Amendments related to Complete Streets (2012)
• Amendments related to Banner Signs in the Right-of-Way for City-Sponsored Civic and
Community Events (2012)
• Twin Lakes Sub-Area Plan (2012)
� Bicycle and Pedestrian Master Plan (2012)
• Amendments related to Review Processes for Minor Exterior Building Modifications, Improvements
to Developed Sites, and Change of Use; and Non-Conforming Development Standards
� Amendments related to Open Space Standards for Residential Development in the City Center
Core and City Center Frame (2012)
• Amendments related to Required Parking Spaces (2012)
• Adoption of the 2012 Comprehensive Plan Amendments (2013)
C. STATUS OF ITEMS TO BE CARRIED OVER INTO 2013
Description Status
Adopt zoning regularions to implement urban agriculture goals In process; Planning Commission held
and policies a Study Session on January 16, 2013
Update critical areas regulations In research stage
D. 2013 CODE AMENDMENTS REQUESTS
The Federal Way Revised Code (FWRC) requires the city to accept applications for code
amendments on an annual basis. The city did not receive any citizen-initiated code amendments for
the 2013 amendment cycle.
E. 2013 ANNUAL COMPREHENSIVE PLAN AMENDMENTS
The FWRC requires the city to accept applications for amendments to the comprehensive p� lan on an
annual basis. The city received the following three requests for the 2013 amendment cycle .
File No. 12-104790-UP — Request from Chad Weiser on behalf of the Federal Way Public
Schools for a comprehensive plan amendment and rezone of the eastern portion of parcel
Q82104-9001 (38.32 acres) located west of Pacifc Highway South between South 304`� Street
and South 308�' Street from Single Family High-Density and RS 7.2 (Single Family, one unit
per 7,200 square feet) to Community Business (BC). `
' These requests wili go through a selection process whereby the City Council will determine whether they should be considered
further.
Planning Commission Staff Report Meeting Date: March 6, 2013
2013 Planning Commission and Long Range Planning Work Program Page 2
Request from Joshua Alhadeff for a comprehensive plan amendment and rezone of parcel
082104-9139 (0.93 acres) located at 30819 14th Avenue South from Professional Offtce (PO) to
Multi-Family and RM 1800 (Multi-Family, one unit per 1,800 square feet).
Request from Craig Coates for a comprehensive plan amendment and rezone of �arcels
442060-0025 and 4420600-0030 (totaling 1.05 acres) located at 3106 South 337 Street from
Corporate Park (CP-1) to Single Family High Density and RS 9.6 (Single Family, one unit per
9,600 square feet).
F. 2015 MAJOR COMPREHENSIVE PLAN UPDATE
Pursuant to RCW 36.70A.130(5)(a), "Comprehensive plans — Review procedures and schedules —
Amendments," the City of Federal Way, along with King County and its cities, must take action to
review and if needed, revise their comprehensive plans and development regulations to ensure the
plan and regulations comply with the Growth Management Act (GMA) by June 30, 2015. Staff will
be initiating work on the major comprehensive update during this calendar year, continuing into 2014
and 2015.
G. OTHER LONG RANGE PLANNING RESPONSIBILITIES
The following describes reporting or monitoring work required by the state, county, or other agencies to
be accomplished this year. This is part of the Long Range Division Work Program, but not part of the
Planning Commission Work Program:
• Review proposed amendments to the King County Countywide Planning Policies and provide
information to the city council for ratifcation.
• Work on a city interdepa.rlmental team to prepare a capacity analysis for residential units and
employment and coordinate population projections and land use allocations for the city and its
related Transportation and Analysis Zones (TAZ's).
• Prepare a report on building permit and other housing-related data to the Washington Office of
Financial Management, which is used to determine the population of the city as of April 1, 2013.
• Prepare a report for the Puget Sound Regional Council on the number of residential building
permits broken out by type for 2012.
• Prepare a capacity analysis for Buildable Lands to determine if the city has enough capacity to
accommodate its adopted housing and employment targets.
• Respond to surveys from University of Washington, PSRC, and other institutions.
Planning Commission Staff Report Meeting Date: March 6, 2013
2013 Planning Commission and Long Range Planning Work Program Page 3
H. POTENTIAL 2013 PLANNING COMMISSION WORK PROGRAM/STAFF RECOMMENDATION
The long range planning staff is comprised of 1.5 Full Time Equivalents (FTE) and the cunent
planning staff is comprised of 2.5 FTE's for a total of 4.0 FT`E's. In the past, current planning staff
has assisted the long range division based on the current planning staffls capacity and depending on
the level of development activity. Applications for development activity have been increasing, so it is
unlikely that current planning staff will have the capacity for much assistance with long range
planning this year.
Based on past experience, the majority of the long range planning staff's time is expected to be spent
on the annual comprehensive plan update process and reporting and monitoring work. Staff
recommends the following Planning Commission Work Program. However, it is probable, given staff
resources, that many of these items may have to be carried over to the 2014 Work Program.
The potential work program is organized as follows:
REQUIRED ACTIONS
• 2013 Comprehensive Plan Update
• Monitoring and Reporting — Includes Report to the Office of Financial Management; Buildable
Lands Report; and Report to the Puget Sound Regional Council (PSRC)
• Critical Areas Regulations UpdateZ
• 2015 Major Comprehensive Plan Update Z
D IS CR E T IO NA R Y A C T IO NS' 3
• Adopt zoning regulations to implement urban agriculture goals and policies.
• Amend regulations to provide a more streamlined process for binding site plans.
• Amend regulations to increase exempt levels for a threshold determination under the State
Environmental Policy Act (SEPA). (State law has recently changed to increase categorical
exemptions for certain minor construction projects.)
• Amend process for updating the comprehensive plan.
• Amend the non-conforming provisions.
• Amend regulations to broaden uses and standardize bulk and dimensional requirements by
zone and to provide more appropriate setbacks and landscape buffers for commercial uses.
• Adopt zoning regulations for the Twin Lakes Commercial Sub-Area.
Z T'his is part of the 2015 Major Update of Development Regulations, which is expected to continue into subsequent years.
3 Some of these were on the 2012 Work Program, but were never started due to staff resources .
Planning Commission Staff Report Meeting Date: Mazch 6, 2013
2013 Planning Commission and Long Range Planning Work Program Page 4
• Amend regulations to increase the maximum allowable building height in the City-Center Core
(CGC) zoning district.
• Amend regulations to make review of variances an administrative process.
• Amend regulations for mobile home parks.
• Adopt a specific zoning district for mobile/manufactured home parks.
• Amend regulations to allow oversize vehicles in approved enclosures in residential zones.
• Amend regulations to allow senior housing/assisted living in the Professional Office (PO)
Zone 4
• Adopt an ordinance addressing historic preservation.
• Amend the code to address housekeeping items.
I. NEXT STEPS
Staff will forward a prioritized list to the Land Use/Transportation Committee (LUTC), which will
make a recommendation on the work program to the City Council for its consideration at a public
hearing.
K:�2,013 Planning Commission Work Program�Planning Commission\Staff RepoR.doc
4 This is already part of the on-going work program and will be started once the applicant is ready to move forward.
Planning Commission Staff Report Meeting Date: March 6, 2013
2013 Planning Commission and Long Range Planning Work Program Page 5
EXHIBIT B
2013 Planning Commission Work Program
1. Mandatory — Anticipated to be completed in 2013
Complete the annual comprehensive plan update.
2. Not Mandatory — Organized by High, Medium, and Low Priority
High Priority
• Adopt zoning regulations to implement urban agriculture goals and policies.l
• Amend regulations to provide a more streamlined process for binding site plans.
• Amend regulations to increase exempt levels for a threshold determination under the State
Environmental Policy Act (SEPA).Z
• Amend process for updating the comprehensive plan.
• Amend the non-conforming provisions.
Medium Priority
• Amend regulations to broaden uses and standardize bulk and dimensional requirements by zone,
and to provide more appropriate setbacks and landscape buffers for coxnxnercial uses.
• Amend regulations for mobile home parks.
• Adopt a specific zoning district for mobile/manufactured home parks.
• Adopt zoning regulations for the Twin Lakes Commercial Sub-Area.
• Amend regulations to increase the maximum allowable building height in the City-Center Core
(CC-C) zoning district.
• Amend regulations to make review of variances an administrative process.
Low Priority
• Amend regulations to allow oversize vehicles in approved enclosures in residential zones.
• Amend regulations to allow senior housing/assisted living in the Professional Office (PO) zone.3
• Adopt an ordinance addressing historic preservation.
• Amend the code to address housekeeping items.
�This is already in process.
Z State law has recently changed to increase categorical exemptions for certain minor conshucrion projects.
3 This is already part of the on-going work program and wili be started once the applicant is ready to move forward.
K:�20t3 Planning Commission Work Program\L[TTC�F3CHIBTf B.docK:�2013 Planning Commission Work Progcam\LLTTC�EXfIIBIT B.doc
EXHIBIT B-1
2013 Planning Commission Work Program
1. Mandatory — Anticipated to be completed in 2013
Complete the annual comprehensive plan update:
2. Not Mandatory — Organized by High, Medium, and Low Priority
High Priority
• Adopt zoning regulations to implement urban agriculture goals and policies.l
• Amend regulations to provide a more streamlined process for binding site plans.
• Amend regulations to increase exempt levels for a threshold determination under the State Environmental
Policy Act (SEPA)?
• Amend process for updating the comprehensive plan.
• Amend the non-conforming provisions.
Medium Psioriry
• Amend re�ulations pertaining to types of improvements ar structures allowed in required yards.
• Amend regulations to broaden uses and standardize bulk and dimensional requirements by zone, and to provide
more appropriate setbacks and landscape buffers for commercial uses.
• Amend regulations for mobile home parks.
• Adopt a specific zoning district for mobile/manufactured home parks.
• Adopt zoning regulations for the Twin Lakes Commercial Sub-Area.
• Amend regulations to increase the maximum allowable building height in the City-Center Core (CC-C) zoning
district.
• Amend regulations to make review of variances an administrative process.
Low Priority
• Amend regulations to allow oversize vehicles in approved enclosures in residential zones.
• Amend regulations to allow senior housing/assisted living in the Professional Office (PO) zone 3
• Adopt an ordinance addressing historic preservation.
• Amend the code to address housekeeping items.
IThis is already in pmcess.
Z State law has recently changed to increase categorical exemptions for certain minor construction projects.
3 This is already part of the on-going work program and will be started once the applicant is ready to move forward.
K:\2013 Planning Commission Work ProgramU..UTC�EXHIBIT B-1.docK:�2013 Planning Commission Work Program�I.iTfC�EJ�-IIBIT B-l.doc
COUNCIL MEETING DATE: April 16, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Westway Speed Limit Ordinance Change
ITEM #:
POLICY QUESTION: Should Council approve the amendment to Chapter 8.30 Speed Limits of the Federal Way
Revised Code (FWRC)?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
❑ Consent
❑ City Council Business
//
�
Ordinance
Resolution
MEETING DATE: April 1, 2013
❑ Public Hearing
❑ Other
STAFF REPORT BY: Rick Perez, PE, City Traffic Engineer DEP'[': Public Works
_......... ...................................................................................................................._.._.................................................... _.................................._..._...................----.._.....__..._...._......................................._.._..._.._......._..........._._.......__...
Attachments: Land Use and Transportation Committee Memorandum dated April l, 2013.
Options Considered:
1. Approve Ordinance amending Federal Way Revised Code (FWRC) 830, Speed Limits.
2. Do not approve Ordinance amending Federal Way Revised Code (FWRC) 830, Speed Limits, and
provide direction to staff.
MAYOR'S RECOMMENDATIUI�i: Forward Optton 1 to the April 16, 2013 City Coancil Ordinance Agend� �ar
First Reading.
MAYOR APPROVAL: �'����� `�7��2� 'Y/ DIRECTOR APPROVAL: ���/�l_� _L ��L �
Comrru ee Counci Committee Council
COMMITTEE RECOMMENDATION: Forward Option 1 to the April 16, 2013 City Council Ordinance Agenda for
First Reading.
Diana Noble-Gulliford
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (APRIL 16, 2013): 1 move to forward the ordinance to a second reading for
enactment on the May 7, 2013 Consent Agenda.
2ND READING OF ORD[NANCE (MAY 7, 2013): "I move approval of the Ordinance amending Federal Way
Revised Code (FWRC) 8.30, Speed Limits. "
(BELOW TO BE COMPL6'TED BY CITY CLERKS OFFlCE)
COUNC[L ACTION:
❑ APPROVED COUNCIL BILL # � O�
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: April 1, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management �il�"' �
Rick Perez, P.E., City Traffic Engineer
SUBJECT: Westway Speed Limit Ordinance Proposed Change
BACKGROUND:
Two citizen requests for the revision of existing speed limits have been received this year.
The City Council has authority to determine all speed limits in Federal Way, except on state
highways where the Washington State Transportation Commission has sole authority. Streets
not explicitly defined in the code default to the state maximum speed limit, which is 25 mph on
city streets. The City Council also has the authority to reduce the minimum speed limit of 25
mph to 20 mph under special circumstances.
Citizen requests were received for S 356�' Street from ist Avenue S to SR 99, and for the
Westway neighborhood.
ANALYSIS CRITERIA
RCW 46.61.415 governs the setting of speed limits by local agencies. In particular, subsection
(2) reads:
"Local authorities in their respective jurisdictions shall determine by an engineering and
traffic investigation the proper maYimum speed for all arterial streets and shall declare a
reasonable and safe maximum limit thereon which may be greater or less than the
maximum permitted under RCW 46.61.400(2) but shall not exceed sixty miles per hour."
The federal Manual on Uniform Tra�c Control Devices (MUTCD), adopted by the city in
FWRC Section 19.135.060, as amended by WAC 468-95-045, lists the following criteria for
determining appropriate speed limits:
1. The 85`t' percentile speed of vehicles traveling on the road;
2. Road characteristics, shoulder condition, grade, alignment, and sight distance;
3. The pace speed;
4. Roadside development and environment;
5. Parking practices and pedestrian activity;
6. Reported accident experience for at least a 12-month period;
7. Other factors such as route development or comprehensive plans.
Another criterion that staff would consider is consistency with speed limits on similar streets.
Land Use and Transportation Committee
Westway Speed Limit Ordinance Proposed Change
Aprill, 2013
Page 2
The Institute of Transportation Engineer's Traffic Engineering Handbook provides the following
rationale and guidance for setting speed limits:
•"Proper use of speed regulation is based on the recognition that lower speed reduces
stopping distances and generally reduces severity of accidents."
•"Speed regulations and speed limits are intended to supplement motorists' judgment in
determining speeds that are reasonable and proper for particular traffic, weather, and
roadway conditions."
•"However, if drivers do not consider speed regulations to be reasonable, the limits will be
disobeyed and lose much of their value."
•"...the more a driver deviates from the average speed of traffic, the greater his or her
chance of being involved in an accident."
•"The 85�' percentile speed as determined by speed studies is a principal factor to be used
in the determination of proper speed limits. It is generally assumed that 85% of drivers
operate at speeds that are reasonable and prudent for the conditions present in each
situation. Hence the 85�` percentile speed of a spot-speed distribution is a first
approximation of the speed zone that might be imposed, subject to consideration of other
factors, as listed above [citing MUTCD criteria]."
Supporting these principles is the following experience within Federal Way where conflicting
views of speed limit revisions were discussed and evaluated:
S 304th Street: SR-99 — Military Rd S
23'd Avenue S: S 312th Street — S 317`h Street
2
Land Use and Transportation Committee
Westway Speed Limit Ordinance Proposed Change
Aprill, 2013
Page 3
SW 342"d Street: 35th Avenue SW — Hoyt Rd SW
SW 356th Street: 13` Avenue S— 20t� Avenue SW
Milton Road S: SR 161— S 376`" Street
In general, this analysis finds that the results of changing speed limits are consistent with traffic
engineering experience and contrary to typical public expectations. Speeds did not change significantly
whether the speed limit was raised or lowered, and in fact, safety was increased significantly only when
the speed limit was revised to closer to the 85`h percentile speed. It should be noted that the collision
experience after the speed limit was lowered on SW 342°d Street is also influenced by the installation of
two speed humps in 2001.
ANALYSIS LOCATIONS
Westwav
Within the Westway neighborhood, all streets are local, with the exception of SW 334�' Street
between 21St Avenue SW and 22°d Place SW, 22nd Place SW between SW 333`d Street and SW
334�' Street, SW 333`� Street between 22nd Place SW and 26th Avenue SW, and 26�` Avenue SW
north of SW 333`d Street which together create a continuous minor collector. On SW 333'�
Street, SW 334�' Street, 22°d Place SW, and 26`" Avenue SW, paved widths are 34 feet, and all
other streets are 30 feet. Shoulder walkways are provided on one side of SW 334�` Street and
26`" Place SW. Streets are generally straight, except for the curves making the continuous minor
collector on SW 334th Street, 22°d Place SW, and SW 333`d Street. On-street parking is heavily
utilized, restricting sight distance at intersections, which restrictions are further compounded by
3
Land Use and Transportation Committee
Westway Speed Limit Ordinance Proposed Change
Aprill, 2013
Page 4
fences immediately behind the edge of �avement due to narrow rights-of-way, and a crest
vertical curve on the east end of SW 333` Street. The 85�' percentile speed on SW 333`d Street
is 28 mph and on SW 334`i' Street it is 24 mph. Adjacent land use is residential. Only one
collision is reported within the last three years, a bicycling fatality that generated the request for
the revision of the speed limit and a traffic calming proposal.
The statutory speed limit of 25 mph on city streets is currently in effect. The citizens request
lowering the speed limit to 20 mph. Although most technical criteria suggest leaving the 25 mph
speed limit in place, the unique density of driveways and homes in Westway supports the
request. Therefore, staff concurs with the request to lower the speed limit to 20 mph within
Westway. �
S 356�` St: lst Avenue S- SR99
S 356�` St is a two-lane principal arterial with a posted speed limit of 35 mph. The eastern
portion has been improved to five lanes with curbs and sidewalks. A two-way left-turn lane
exists in front of Brooklake Church. The horizontal alignment is straight. Shoulders are paved
and vary in width between two and eight feet. The grades towards the Hylebos Creek crossing
contribute to higher speeds. Adjacent land use is single family residential, churches, and open
space, with low driveway density. There is no parking activity. Although there is limited
pedestrian activity, portions of the street are used by high school students walking to Todd
Beamer High School. The corridor collision rate is 3.43, which is less than the average of 4.15
for principal arterials.
Posted speed limits are 35 mph though this roadway segment and to the east, and 40 mph to the
west of 1 St Avenue S. The citizen request was to increase the posted speed to 40 mph. The 85`�
percentile speed is 42 mph and the 10 mph pace is 32 to 42 mph with 72% within this range.
Staff proposes to not revise the speed limit due to the narrow shoulder segments combined with
pedestrian usage.
0
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
speed limits; amending FWRC 8.30.040. (Amending Ordinance
Nos. 10-675,10-669,10-668, 03-449, 00-364, 96-259, 93-177, and 90-29)
WHEREAS, The state traffic laws regulating the speed of vehicles shall be applicable upon
all streets within the city, except that the legislative authority of the city, as authorized by state law,
may declare and determine by order, rule or regulation, properly adopted, that certain increased or
decreased speed regulations shall be applicable upon specified streets or in certain areas, in which
event it is unlawful for any person to operate a vehicle at a speed in excess of the speed so
established when proper signs are in place giving notice thereof; and
WHEREAS, Whenever conditions are found to exist upon an arterial street or highway which
warrant an increase in the speed permitted by state law, the city council, subject to the approval of
the state highway commission in cases involving state highways, shall determine and declare a
reasonable and safe maximum speed limit for such arterial street or highway, or portion thereof, not
to exceed 60 miles per hour; and
WHEREAS, Whenever it is deemed inadvisable for vehicles to operate at the malcimum
speed allowed by state law on any portion of a street or public highway on account of a sharp
curvation, highway construction or repairs, excessive traffic, any dangerous condition, or other
temporary or permanent cause, the city council, subject to the approval of the State Highway
Commission in cases involving state highways, shall determine and fix a lower m�imum speed or
otherwise regulate a lesser speed; provided, that in no case shall the maximum speed be reduced to
less than 20 miles per hour; and
Ordinance No. 13- Page 1 of S
Rev 1/10
WHEREAS, this ordinance is in the interest of the public health, safety and welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 8.30.040 is hereby amended to read as follows:
8.30.040 Schedule.
The ma�cimum speed limits set forth in the following schedule of speed limits are hereby
established as the reasonable and safe maximum speed limits to be effective at all times upon the
streets and highways designated in the schedule. The mayor shall cause appropriate signs to be
erected on such streets and highways, giving notice of the speed limits, as provided in this
chapter.
(1) Speed limit 20 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 20 mph:
All internal park roads.
18th Place South, between South 341 st Place and South 344th Street.
.thwest 334"` Street.
_a
22°a Court Southwest between Southwest 333'� Street and cul-de-sac north of Southwest
�outnwes� ���+ a�rcc�.
24�' Avenue Southwest. between Southwest 333rd Street and cul-de-sac south of
Southwest 334�' Street.
25�' Avenue Southwest between Southwest 334�' Street and cul-de-sac south of
c'---`�------. ���th c7.___�
rd
Southwest 333"' Street between 22"" Place Southwest and `l6°' Avenue �outnwest.
Southwest 334�' Street between 21St Avenue Southwest and 26�' Avenue Southwest.
(2) Speed limit 30 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 30 miles per hour:
9th Avenue South, between South 336�' Street and South 348th Street.
11 th Place South, between South 320th Street and South 324th Street.
20th Avenue South, between South 312th Street and South 320th Street.
16th Avenue South, between South 356th Street and South 364th Way.
23rd Avenue South, between South 312th Street and South 324th Street.
South 304th Street, between Pacific Highway South and Military Road South.
South 317th Street, between 23rd Avenue South and 28th Avenue South.
Ordinance No. 13- Page Z of S
Rev 1/10
South 324th Street, between l lth Place South and 23rd Avenue South.
South 364th Way, between 12th Avenue South and 16th Avenue South.
Southwest 356th Street, between 20th Avenue Southwest and Pierce County.
Milton Road South, between Enchanted Parkway South and South 372nd Street.
South 372nd Street, between Milton Road South and Milton Road South.
Milton Road South, between South 372nd Street and South 376th Street.
(3) Speed limit 35 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 35 miles per hour:
lst Avenue South, between South 296th Street and South 356th Street.
12th Avenue South, between South 372nd Way and South 364th Way.
16th Avenue South, between South Dash Point Road and Pacific Highway South, and
between Pacific Highway South and South 348th Street.
l Oth Avenue Southwest, between Southwest Campus Drive and 6th Avenue Southwest.
21 st Avenue Southwest, between Southwest Dash Point Road and Southwest 356th
Street.
28th Avenue South, between South 304th Street and South 317th Street.
South 288th Street, between Pacific Highway South and F.A.I. No. 5.
South and Southwest 312th Street, between Southwest Dash Point Road and 28th
Avenue South.
South and Southwest 320th Street, between 1,000 feet west of lst Avenue South and
F.A.I. No. 5 and between 21 st Avenue Southwest and 47th Avenue Southwest.
South 336th Street, between 1 st Way South and Weyerhaeuser Way South.
Southwest 336th Street, between 21st Avenue Southwest and 26th Place Southwest.
Southwest 336th Way, between 26th Place Southwest and 30th Avenue Southwest.
Southwest 340th Street, between 30th Avenue Southwest and Hoyt Road Southwest.
South 344th Street, between Weyerhaeuser Way South and 1,500 feet east of
Weyerhaeuser Way South.
Southwest 344th Street, between 21st Avenue Southwest and 35th Avenue Southwest.
South 348th Street, between 1 st Avenue and Pacific Highway South.
South 356th Street, between 1 st Avenue South and 16th Avenue South.
South 359th Street, between Pacific Highway South and 16th Avenue South.
South 373rd Street, between Pacific Highway South and South 372nd Way.
South 372nd Way, between 12th Avenue South and South 373rd Street.
Hoyt Road Southwest, between Southwest Dash Point Road and Pierce County.
Redondo Way South, between South Dash Point Road and the South 284th Street (if
extended).
Southwest Campus Drive, between 1 st Avenue South and 21 st Avenue Southwest.
South Star Lake Road, between South 272nd Street and Military Road South.
Weyerhaeuser Way South, between South 320th Street and South 349th Street.
(4) Speed limit 40 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 40 miles per hour:
Ordinance No. 13- Page 3 of S
Rev 1/10
South and Southwest 320th Street, between 21st Avenue Southwest and 1,000 feet west
of lst Avenue South and between F.A.I. No. 5 and 1,000 feet east of Weyerhaeuser Way South.
Southwest 356th Street, between 1 st Avenue South and 20th Avenue Southwest.
Military Road South, F.A.I. No. 5 at South Star Lake Road and F.A.I. No. 5 at South
307th Street (if extended).
(5) Speed limit 45 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 45 miles per hour:
Military Road South, between South 320th Street and State Route 18.
Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 5. 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.
Ordinance No. 13- Page 4 of S
Rev 1/10
PASSED by the City Council of the City of Federal Way this day of
20
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 13- Page S of S
Rev 1/10
COUNCIL MEETING DATE: April 16, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:$�
SUBJECT: AMEND FEDERAL WAY REVISED CODE (FWRC) TITLE 6, "PUBLIC SAFETY AND WELFARE"
POLICY QUESTION: Should the City Council approve and adopt the proposed ordinance amending Title 6 of the
FWRC to include references to state law?
COMMITTEE: Parks, Recreation, Hurnan Services and Public Safety
CATEGURY:
�� Consent
:❑ City Council Business
� Ordinance
❑ Resolution
MEETING DATE: Apri19, 2013
❑ Public Hearing
� Other
STAFF REPORT BY: Patricia Richardson City Attorney DEP'r: Law
_.._._..----....._...--- ____..._........_._._.._._..._.........._.._.........._......._ ......................_____._..................... _.
Att�chments: Proposed ordinance amending FWRC Title 6, "Public Safety and Welfare."
Background: Chapter 9A.80 and Chapter 42.20 of the Revised Code of Washington ("RCW") set forth nine separate
misdemeanors that inadvertently have not previously been incorporated into the Federal Way Revised Code ("FWRC").
Staff is proposing that a new section be added to Chapter 6.50 FWRC to incorporate these misdemeanors by reference.
On December 4't', 2012, the City Council passed Ordinance No. 12-732 to incorporate new laws created by Initiative 502
("I-502") to legalize and regulate the possession, sale and use of marijuana before it became effective on December 6,
2012. Ordinance No. 12-732 created FWRC 6.10.035 prohibiting the use of marijuana in public. State law has now been
updated to prohibit the use of marijuana in public. It is preferred that the FWRC adopts state law by reference so that
any and all future updates and amendments are captured. Staff is recommending that FWRC 6.10.035 be repealed and
FWRC 6.10.030 be amended to incorporate the state law.
Options Considered: 1. Approve the proposed ordinance amending FWRC Title 6, "Public Safety and Welfare," to
include reference to state law.
2. Modify the proposed ordinance amending FWRC Title 6, "Public Safety and Welfaze."
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:
Commi
DIRECTOR APPROVAL: ��
Initial
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading at the April 16,
2013 ity Council meeting. �
Committee Chair C mittee Mem r Committee Membe
PROPOSED COUNCIL MOTION(S):
IST READING OF ORDINANCE (APRIL 16): "I move to forward approval of the ordinance to the May 7, 2013
Council Meeting for adoption. "
2'�`DREADING OF ORDINANCE (MAY 7): "I move approval of the proposed ordinance amending Title 6, Public
Safety and Welfare. "
(BELOW TO BE COMPLETED BY C7TY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED COUNCIL BILL # � �
❑ DENIED 13T read'eng
❑ TABLED/DEFERRED/NO AC'I'IOl�i Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
criminal law update; creating a new section in Chapter 6.50 FWRC,
"Public Officers," amending FWRC 6.50.020, "Pubtic officer defined,"
amending FWRC 6.14.030, "Statutes adopted" and repealing FWRC
6.10.035, (Amending Ord. Nos. 91-89, 99-362, 02-424, 04-458, 04-463, 05-
508, 09-6Q1 and 12-732)
WHEREAS, Chapter 9A.80 and Chapter 42.20 ofthe Revised Code of Washington ("RCW")
:set forth nine separate misdemeanors that inadvertently have not been incorporated into the Federal
Way Revised Code ("FWRC"); and
WHEREAS, on December 4�', 2Q12, the City Council passed Ordinance No. 12-732 to
incorporate new laws created by Initiative 502 ("I-502") to legalize and regulate the possession, sale
and use of certain amounts of marijuana by persons over the age of 21 before it became effective on
December b, 2012; and
WHEREAS, Ordinance No. 12-732 created FWRC 6.10.035 prohibiting the use of
marijuana in public; and
WHEREAS, the Revised Code of Washington has now been updated and codifies the
prohibition of public use of marijuana; and
WHEREAS, it is preferred that the FWRC adopts state law by reference so that all updates
and amendments are captured; and
WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to
incorporate the state law into the FWRC; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, LlOES ORDAIN AS FOLLOWS:
Ordinance No. 13- Page 1 of 4
Rev 1/10
Section l. A new section of Chapter 6.50 FWRC is hereby created:
6.50.005 Misconduct of public officers- Statutes adopted.
The followinq state statutes are adopted bv reference:
RCW
9A.80.010 Official misconduct.
42.20.020 Powers mav not be delegated for qrofit.
42.20.030 lntrusion into and refusal to surrender public office.
42.20;040 false Report.
42.20.050 Public officer makina false certificate.
42.20.06Q Falsel� auditinq and pavinca claims.
42.20.080 Other violations bv officers.
42.20.100 Failure of dutv bv public officer a misdemeanor.
42.20.110 Improper conduct bvi certain iustices.
Section 2. FWRC 6.50.020 is hereby amended as follows:
6.50A20 Public o�cer defined
"Public o�cer," as used in FWRC 6.50.010#�+�sba��, comprises police officers; fire chief
and his or her designees; health officers; and the public works director and his or her designees;
city clerk and his or her designee; code enforcement personnel; and other city personnel
authorized for enforcement of city odinances, statutes and codes.
Section 3. FWRC 6.10.034 is hereby amended as follows:
6.10.030 Statutes adopted.
The following state statutes are adopted by reference:
RCW
69.41.020 Prohibited acts — Information not privileged communication.
69.41.03Q Sale, delivery, or possession of legend drug without prescription or order prohibited
— Exceptions.
69.41.040 Prescription requirements — Penalty.
69.41.050 Labeling requirements.
69.41.320 Practitioners — Restricted use — Medical records.
69.41.350 Penalties.
69.43.010 Report to state board of pharmacy— List of substances — Modification of list—
Identification of purchasers — Report of transactions — Penalties.
69.43.02Q Receipt of substance from source outside state— Report — Penalty.
69.43.030 Exemptions.
69.43.035 Suspicious transactions — Report — Penalty.
69.43.043 Recordkeeping requirements — Penalty.
89.43.090 Permit to sell, transfer, fumish, or receive substance— Exemptions — Application for
permit — Fee — Renewal — Penalty.
69.43.105 Ephedrine, pseudoephedrine, phenylpropanolamine—Sales restrictions—
Exceptions — Penalty.
69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine- Sales restrictions — Penalty.
69.43.12Q Ephedrine, pseudoephedrine, phenylpropanolamine— Possession of more than
fifteen grams — Penalty — Exceptions.
Ordinance No. 13- Page 2 of 4
Rev I / 10
69.43.170 Ephedrine, pseudoephedrine, phenylpropanolamine— Pilot project to record retail
transactions — Penalty.
69.50.101 Definitions.
69.50.204 Schedule 1.
69.�0.309 Containers.
69.50.4013 Possession of controlled substance — Penalty.
69.50.4014 'Possession of forty grams or less of marijuana— Penalty.
69.50.412 Prohibited acts: E— Penalties.
69.50.445 Openinq or consuminct packaQe containinq mariivana, useable mariivana, or
marijuana-infused :product in view of qeneral public -- Penaltv.
69.50.5Q5 Seizure and forfeiture.
69.5Q.506 Burden of proof.
69.50.509 Search and seizure of controlled substances.
Section 4. Section 6. i 0.035 is hereby repealed:
.
. ,
Section 5. Severabilitv. Should any section, subsection, paragraph, sentence, ciause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Ordinance No. 13- Page 3 of 4
Rev 1/10
Section 7. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 8. Effective Date. By unanimous consent, the Council finds that this ordinance is
needed for the immediate preservation of public peace, health and safety and is not subjec� to
initiative or referendum pursuant to FWRC 1.30. This ordinance sha11 take effect and be in full force
upon adoption.
PASSED by the City Council of the City of Federal Way this day of 2013.
CITY OF FEDERAI, WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordirrance No. I3- Page 4 of 4
Rev 1/l0