Council PKT 05-21-2013 RegularCI7Y OF
,�... Federal Way
AGENDA
FEDERAL WAY CITY COUNCFL
REGULAR MEETING
Council Cham'bers - City Hall
May 21, 2013
7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANGE
3. PRESENTATIONS
a. Volunteer Spotlight: Federal Way Historical Society
b. Proclamation: National Trails Day ...page 3
c. Certificates of Appointment: Parks and Recreation Commission
d. Mayor's Emerging Issues
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING.
When recognized by the Mayor, come forward to the podium and state your name for the record.
Please limif 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
ltems listed below 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: May 6, 2013 Special Meeting, May 7, 2013 Special and Regular
Meetings...page 4
b. Lakota Safe Routes to School — Rejection of Bids and Approval to Re-Bid
Project...page 16
c. City Safety Project — 85% Design Status Report and Authorization to' Bid...page 22
d. Neighborhood Traffic Safety Program Policy Amendment...pag� 25
e. Resolution: Setting a Public Hearing for the Transportation Improvement Plan...page
33
f. Authorization of an Amendment to a GDBG Emergency Housing Repair Program
Contract — M.A.D. Construction...page 37
g. Authorization of an Amendment to a CDBG Emergency Housing Repair Program
Contract — Northwest Roof Services, Inc. ...page 42
The Council may add items and take action on items not listed on the agenda.
h. Saghalie Rubber Track Replacement...page 47
i. Third Amendment to the MacDonald Miller Energy Performance Agreement...page 49
j. Fiscal Year 2013 BVP (Ballistic Vest Partnership) Grant Application...page 52
k. Washington Traffic Safety Commission (WTSC) Grant — Radars...page 56
I. Washington Traffic Safety Commission (WTSC) Drug Recognition Expert Overtime
Funding...page 58
6. COUNCIL BUSINESS
a. Confirmation of Mayor's Appointment for the Council Executive Assistant /
Administrative Support to Community Services Division Position. ...page 63
b. School Zone Enhancements...page 66
c. American Traffic Solutions (ATS) Contract...page 70
d. Proposed Memo of Understanding with Federal Way Coalition of the Performing
Arts... page 77
e. S#orming the Sound with Salmon — Request to Accept Additional Department of
Ecology funding ...page 82
7. ORDINANCES
first Reading:
a. CB# 625 Amendments to the Federal Wav Revised Code Title 13, Adoption of
2012 Buildinq Codes...page 89
An Ordinance of the City of Federal Way, Washington, relating to the adoption of the
Washington State Building Code and related matters; amending Title 13 "Buildings"
Second Reading:
b. CB# 624 Local Infrastructure Financinq Tool (LIFT) Ordinance Imposinq Sales
& Use Tax-... page 11 �
An Ordinance of the City of Federal Way, Washington, imposing a local sales and use
tax to be credited against the state sales and use tax for the pu►pose of utilizing Local
Infrastructure Financing under Chapter 39.102 of the RCW; and providing for other
matters properly related thereto
8. COUNCIL REPORTS
9. MAYORS REPORT
10. EXECUTIVE SESSION
• Collective Bargaining Pursuant to RCW 42.30.140(4)(b)
11. ADJOURNMENT
The Council may add items and fake action on items not lisfed on the agenda.
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CITY OF
� Federal �Va
Y
PROCLAMAT�ON
"National Trails Day �'roclamation"
WHEREAS, interest in outcloor recreational opportunities, including
walking, bicycling and hiking, is a popular activity with Federal Way
residents and visitors, and
WHEREAS, Trails in Federal Way enhance the quality of life for our
citizens, enhance physical fitness, increase tourist activity in the community
anel provide alternative transportation routes for non-motorized travel; and
WHEREAS, National Trails Day is an opportunity to increase public
aware.ness of Federal Way's trail opportunities and diverse outdoor
recreation activities, and promote the importance of a local �nd regional
network of trails and greenways; and
WHEREAS, trail activities are e�joyed by people of all ages and abilities,
and are an important part of Federal �Vay's outdoor recreation resources;
ancl
NOW, THEREFORE, we, the undersigned Mayor and City Council of the
City of Federal Way, do hereby proclaim Saturday, June 1, 2013 as National
Trails Day in Federal Way and encourage all residents to participate in the
Trails Day activities scheduled for the West Hylebos Wetland Park and
enjoy Federal Way's many �vonderful trails on this day and others.
SIGNED this 21st day of May, 2018
FEDERAL WAYMAYORAIVD CITYCOIINCIL
Skip Pries� Mayor
Jeanne Burbidg� Cori�zcilmember
Dini Duclos, Cou��cilmember
Kelly Maloney, Councilmxmber
Jim Ferrel� De1iuty Mayor
Bob Celski, Councilme�rther
Susan Honda, Councidmenzber
Diana Noble-Gulliforc�
Councilmember
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COUNCIL MEETING DATE: May 21, 2013 ITEM #:
__. ._. ................................................................_..._...................__..............................................._.......... . . ........_......... ............. ...... _......................._............................................._................._........................................................_..........................._....._
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the dra$ minutes of the May 6, 2013 Special Meeting,
and the May 7, 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� City Clerk DEPT: Human Resources
_._......_,.�..__......._._ .................._._.........._........�__�......_.�........�._............._._�....... . . . .. �.�._..�..�...........�.��.�...................----...........�_....._..........._............
Attachments:
Draft minutes from the May 6, 2013 Special Meeting and the May 7, 2013 Special and Regular City Council
Meetings.
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOIVIMENDATION: N/A
MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL:
Committee Council Initia
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approvad of the minutes as presented. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNGIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NOACTION Enactmentreading
❑ MOVED TO SECOND READING (ordrnances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
CITY OF
,� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers - City Hall
May 6, 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 Pa# Richardson and City Clerk Carol McNeilly.
2. SOUNDVIEW MANOR PRELIMINARY PLAT
Mayor Priest reviewed the format for the meeting and asked if anyone in the audience
objected to any Councilmembers participating in these proceedings. No objections were
received. The Mayor asked if any member of the Council had an interest in this property, if
they stood to gain or lose any financial benefit as a result of the outcome of this meeting, and
if they could consider this matter in a fair and objective manner. No conflicts of interest were
reported by the Council. Mayor Priest asked if any member of the Council had engaged in
communications outside of this meeting with proponents or opponents of this matter. Deputy
Mayor ferrell reported he received an e-mail from Ron Zaffino on February 27, 2013
expressing his concerns with the project. Deputy Mayor Ferrell read the e-mail exchange into
the record.
Staff Presentation: Senior Planner Janet Shull stated the 9-acre site located in the 4400 block
of SW Dash Point Road, is being proposed as a 21-lot residential subdivision. The site
includes a storm drainage tract, pedestrian access tract, wetland buffer tract for an offsite
wetland, conservation open space and usable open space areas. Current zoning for the
property is Single Family RS 9:6. Access to the property is via SW Dash Point Road and
pedestrian access is via a tract to SW 314th Street. Over 30% of the site is proposed as open
space. Ms. Shull reviewed the infrastructure improvements which include frontage
improvements on SW Dash Point Road, onsite construction of Soundview Drive to local street
standards, and an infiltration retention pond, in addition to other items.
On February 27, 2013 the City's Hearing Examiner conducted a he�ring on this project and
shortly after, issued a decision recommending approval of the preliminary plat with nine
conditions. The applicant submitted a request for clarification on some of the contents of the
Hearing Examiners decision. The Hearing Examiner issued an Order of Clarification in
response to the applicants request. There were no changes to the recommendation for
City Counctl Minutes — May 6, 2013 Special Meeting Page 1 of 2
approval or to the conditions, only clerical corrections.
Applicant representative Craig Deaver with C.E.S NW Inc. stated his firm has been working
closely with city staff on this project over the past few years. He is in agreement with the
proposed conditions outlined in the Hearing Examiner's decision.
Public Comment: Mayor Priest called for public comment. No public comment was received.
Councilmembers asked clarifying questions of Mr. Deaver regarding the proposed roads and
turn iane, erosion control, emergency vehicle access, storm drainage pond and the proposed
pedestrian path.
3. EXECUTIVE SESSION
The Council and City Attorney adjourned to Executive Session at 7:34 p.m. to discuss
potential litigation pursuant to RCW 42.30.110(1)(i) for approximately 45 minutes. The Council
and City Attorney adjourned from Executive Session at 8:10 p.m.
4. Resolution: REGARDING SOUNDVIEW MANOR PRELIMINARY PLAT
Mot�on: Councilmember Celski moved adoption of the proposed resolution approving
the Soundview Manor Preliminary Plat. 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
Mot�on carried 7-0. Resolution 13-636.
5. ADJOURNMENT
Mayor Priest adjourned the meeting at 8:12 p.m.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes — May 6, 2013 Special Meeting Page 2 of 2
CITY OF
,� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers - City Hall
May 7, 2013
5:30 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 5:35 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. COMMISSION 1NTERVIEWS
• Parks & Recreation Commission
The Council interviewed two applicants for the Parks and Recreation Commission.
3. EXECUTIVE SEBSION
• Collective Bargaining Pursuant to RCW 42.30.140(4)(b)
The Council and City Attorney adjourned to Executive Session at 6:13 p.m. to
discuss collective bargaining for apprpximately 45 minutes. The Council and City
Attorney adjourned from Executive Session at 6:52 p.m.
4. ADJOURNMENT
Mayor Priest adjourned the meeting at 6:52 p.m.
Attest:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes — May 7, 2013 Special Meeting Page 1 of 1
CITY OF
,� Federal Way
MINUTES
FEDERAL WAY CiTY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
May 7, 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 Spotlight: Senior Services
Councilmember Noble-Gulliford reported that Senior Services is a comprehensive, not-for-
profit agency that serves older adults in King County. Their mission is to "promote the
emotional, social and physical well-being of older adults" through a wide variety of
programs. Last year they served over 60,OOOseniors and their families. Volunteers are a
vital part of their team; more than 2,800 volunteers assisted Senior Services last year.
Cindy Zwart, Director of Senior Services Transportation Program thanked the Council for
the recognition and provided an overview of the Volunteer Transportation and Meals on
Wheels programs. She introduced some of the volunteers that make both of these
programs successful.
b. Proclamation: Farmers' Market 10-Year Anniversarv
Councilmember Honda reported this was the 10 year of the Federal way Farmers Market.
She read the proclamation into the record and presented it to David and Rose Ehl and
Karla Kolibab. Ms. Ehl thanked the Council for the proclamation and noted the market is
every Saturday at the Commons Mall. This weekend is their opening weekend and they
have great entertainment planned. Ms. Kolibab reported there will be new and returning
food vendors this year.
c. Mavor's Emerqinq Issues
Helen Keller Basketball Challenqe: At the iast Council meeting Mayor Priest reported the
Police Department was victorious over the Fire Department at the Helen Keller Basketball
City Council Minutes — May 7, 2013 Regular Meeting Page 1 of 8
Challenge. Tonight, representatives from the Lions Club are in attendance to present a
trophy to the Police Department as well as present checks to both the Fire Department
and Police Department. Dick Mayer reported this year was the 5`h annual basketball event.
Funds raised at the event go to the Firefighters Fund, the Police Department and the
Lions Club. He presented this year's trophy to Police Chief Brian Wilson.
Economic Development of the Downtown Core: Mayor Priest noted that three items on
tonight's agenda relate to economic development in the downtown core. They include a
proposed agreement with Lorig Associates to pursue the next step of the AMC site park
and mixed use development, the National Development Council CDBG Section 108 Loan
Fund and the LiFT ordinance. Community and Economic Development Director Patrick
Doherty reported the City Center area is 414 acres. He provided background information
on the steps the City has taken to encourage development in the downtown core,
including investments in right-of-way and storm drainage improvements, tMe Federal Way
Transit Center, amendments to the City's Sign Code, 10-year residential property tax
exemptions to encourage residential/rnixed-use development, the Safe City Program, as
well as other items.
April 21 St Shootincts: Mayor Priest stated the �ictims of this senseless crime are in our
thoughts. Loved ones were taken from their families, friends and neighbors. As a
community we are grieving together, and we will overcome together as welL He
recognized the professionalism of the Police Officers who responded to the call. It is clear
that their response prevented further loss of life and prevented the killer from escaping.
After the shooting, eight Police Officers were placed on administrative :leave, which is
standard procedure. Those officers have been cleared to return to duty, which is taking
place this week. April 24�" the Police Department hosted a community meeting and
provided crisis intervention counseling for #he Pinewood residents and neighbors who
were affected by the shooting. Mayor Priest thanked the many individuals involved in that
event including Jon Mclntosh, Pastor of Grace Church and the Police Department
Chaplin; Casey Treat and the many voiunteers from Christian Faith Center and Police
Department staff. He stated he is proud to say the community has responded to this event
with compassion for the victims and a resolve to heal and move forward together.
4. CITIZEN COMMENT
Terri Turner Director of the Multi-Service Center Food Bank shared information on their Milk
Money Program. The MSC has partnered with Smith Brothers Dairy Farms to distribute small
milk cartons for individuals to fill with change and return to the MSC to assist the food bank.
Jennie Hills Waterbury Park Apartment resident, reported on speeding traffic and drug activity
at the apartment complex. She would like to see a playground at the apartment complex for
children to play.
Mark SaQer commented on an article in the Federal Way Mirror relating to mobile home park
rezoning. He reported the owner of the Belmor Mobile Home Park has no plans on selling the
property.
Bettv Tavlor Waterbury Park Apartment resident, stated she was not aware of the Police
Community meeting regarding the April 215t shootings. She does not feel the City did a good
job getting the word out to the community.
Norma Blanchard reported on her interactions with the City's Animal Control Officer on April
25th� She was not pleased with her experience and feels the Officer was disrespectful to her.
City Council Minutes — May 7, 2013 Regular Meeting Page 2 of 8
Van Jones Waterbury Park Apartment resident, asked the City to hold a meeting with the
Waterbury residents to share information on safety and community issues.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirefy by a Council Committee of three members and
brought before full Counci! 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 16, 2013 Special and Regular Meetings
b. Monthly Financial Report
c. Vouchers
d. Professional Services Agreement with State Microenterprise Association for Support
Services for CDBG Commercial Loan Programs
Cnh'.�nnewacn4 l�rr.r�4c� �
Motion: Deputy Mayor Ferrell moved approval of Consent Agenda items 5.a.
through 5.e. Councilmember Celski second.
Councilmembers Honda and Noble=Gulliford pulled item 5.e. Lodging Tax Advisory
Committee'Recommendations for the 2013 Sprint Tourism Enhancement Grants from the
Consent Agenda.
Vote on items 5.a. through 5.d.:
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.
e. Lodain4 Tax Advisorv Committee Recommendations for the 2013 Sprinq Tourism
Enhancement Grants
Councilmembers Honda and Noble-Gulliford stated they needed to recuse themselves
from vofiing on this item due to conflicts of interest.
Motion: Councilmember Duclos moved approval of the Lodging Tax Advisory
Committee Recommendations for the 2013 Spring Tourism Enhancement
Grants. Councilmember Celski second.
Vote:
Depu#y Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Recused
Councilm�mber Burbidge Yes
Councilmember Celski Yes
Councilmernber Noble-Gulliford Recused
Councilmember Duclos Yes
Motion carried 5-0.
City Council Minutes — May 7, 2013 Regular Meeting Page 3 of 8
6. COUNCIL BUSINESS
a. Parks and Recreation Commission Appointments
At a Special Meeting earlier this evening the Council interviewed candidates for the Parks
and Recreation Commission.
Motion: Councilmember Honda moved to re-appoint Brian Ailinger and George
Pfeiffer to the Parks and Recreation Commission with terms expiring April 30, 2016;
appoint Laura Belvin and Randall Smitli as voting members to the Commission
with terms expiring April 30, 2016; and appoint James Miranda as an alternate
member with a term expiring April 30, 2016. 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.
b. Proposed Exclusive AMC Site Development Feasibility Studv Aqreement
Community and Economic Devetopment Director Patrick Doherty stated the City
purchased the AMC Site in 2007. He reviewed the re-development concept which includes
a public plaza over half of the site and mid-rise mixed-use private development on the
o#her half of the site. A proposed roadway through the site will provide access to the park
and retaiL It also includes a water feature, and both soft and hard-scape features. Lorig
Associates of Seattle has expressed interest in a public-private partnership with the City
on this project. Lorig is proposing a 90-day exclusive engagement, during which time they
will develop a new site plan and building program; conduct a market analysis; develop a
projectbudget and financial model; create a project schedule, and make a presentation to
the CounciL Mr. Lorig stated his firm would like to work with the City on this project and
noted they have done many public-private partnership projects.
Motion: Councilmember Duclos moved to authorize the Mayor to sign the
agreement for the AMC Site Development Feasibility Study. Councilmember
Burbidge second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Cour�cilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble-Gulliford Yes
Councilmember Duclos Yes
Motion carried 7-0.
c. Authorization to Apply for a COPS Grant
Mayor Priest reported the City received notice last week that the Department of Justice
was offering COPS Grant opportunities for jurisdictions. Police Chief Brian Wilson stated
staff is seeking authorization to apply for the COPS Grant. Chief Wilson provided history
on the City's COPS Grant activity. This grant covers up to 75% of the approved entry level
salary and fringe benefits #or a full time law enforcernent officer over a 3-year period. The
City Council Minutes — May 7, 2013 Regular Meeting Page 4 of 8
City would be responsible for the 4th year costs. Staff is requesting approval to submit a
COPS Grant application for three officers for a three year period. The deadline to submit
the grant is May 22"d. If the City receives the grant, staff will return to Council to request
authorization to accept it. Chief Wilson reviewed the current staffing level which is 125
officers (currently 121 officers are hired and there are 4 vacant positions).
Motion: Councilmember Honda moved to authorize the Mayor to execute the
necessary documents to apply for the COPS Grant. Deputy Mayor Ferrell 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.
d. Professional Services Aqreement with National Development Council for CDBG
Section 108 Loan Fund
Mayor Priest noted this item was forwarded by the Finance, Economic Development and
Regional Affairs Council Committee to Council Business for consideration.
Cornmunity Services Manager Jay Bennett stated this program is through the US
Department of Housing and Urban Development (HUD). The program allows eligible
communities to expand CDBG funds by submitting a loan application to HUD. For every
dollar of annual CDBG entitlement, the City can borrow five times that amount in additional
funds from HUD. Eligible uses include economic development by private for-profit or non-
profit entities which create jobs or provide goods/services; public infrastructure or
community facilities - such as a Performing Arts and Conference Center (PACC); and low
to moderate income housing rehabilitation. If the PACC goes forward and the loan
application is approved, a$2.5M investment would equate to $190K per year Section 108
repayment. The City's current CDBG entitlement is $576K (this is allocated as follows:
$115K #or Administration, 86K for Human Services and $375K for Community Economic
Revitalization). The City can apply for funding for a stand-alone project or a loan pool. Mr.
Bennett reviewed the required security for a Section 108 Loan. The request before
Council is to authorize $25K of CDBG funds to enter into an agreement with National
Development Council for technical assistance with the Section 108 Loan Fund application.
Motion: Councilmember Duclos
necessary documents for the
Development Council for CDBG
second.
Vote:
Deputy Mayor Ferrell
Councilmember Maloney
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Noble-Gulliford
Councilmember Duclos
Motion carried 7-0.
moved to authorize the Mayor to execute the
professional service agreement with National
Section 108 Loan Fund. Councilmember Celski
Yes
Yes
Yes
Yes
Yes
Yes
Yes
City Council Minutes — May 7, 2013 Regular Meeting Page S of 8
7. ORDINANCES
First Reading:
a. CB# 624 Local Infrastructure Financinq Tool (LIFT) Ordinance Imposinq Sales
& Use Tax
An Ordinance of the City of Federal Way, Washington, imposing a local sales and use tax
to be credited againsf the sfate sales and use tax for the purpose of utilizing Local
Infrastructure Financing under Chapter 39.102 of the RCW; and providing for othermatters
properly related thereto.
Finance Director Tho Kraus provided background information on the LIFT
Program, which was created by State Legislation in 2006 to finance public
infrastructure to spur economic development through a combination of local and
state matching funds. It authorized the imposition of local sales and use tax to be
credited against the taxes otherwise due to the State. There is no net change in
the tax rate to taxpayers. Types of public infrastructure include right-of-way
improvements, open space, public parking facilities, roads, public plazas,
The City applied for the program in June 2007 and was approved that same year
with the allocation of up to $1 M per year in State funds for 25-years. The matching
of City / State funds is 1 to 1. The award expires in June 2023; in order to
maximize the 25-year benefit the City should impose the LIFT by June 1, 2014.
LIFT funds are generated by the increase in tax revenues generated with the
Revenue Development Area, which is established b�r ordinance. The LIFT does
not impose new taxes to residents, property owners or business owners.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Duclos moved approval of the proposed LIFT
ordinance and forwarded it to the May 21, 2013 City Council meeting for
second reading and adoption. Councilmember Celski 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.
Second Reading:
b. CB# 622 Speed Limit Revisions
An Ordinance of the City of Federal Way, Washington, re/ating to Speed Limits; Amending
Federa! Way Revised Code 8.30.040.
At their April 16, 2013 meeting the Council approved the proposed ordinance and
forwarded it to this meeting for second reading and enactment.
City Clerk'McNeilly read the ordinance title into the record.
Motion: Councilmember Celski moved approval and enactment of the
ordinance on speed limit revisions. Councilmember Duclos second.
City Council Minutes — May 7, 2013 Regular Meeting Page 6 of 8
�
Vote:
Deputy Mayor Ferrell
Councilmember Maloney
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Counciimember Noble-Guiliford
Councilmember Duclos
Motion carried 7-0. Ordinance 13-740
Yes
Yes
Yes
Yes
Yes
Yes
Yes
c. CB# 623 Amendinq FWRC Title 6"Public Safetv and Welfare"
An Ordinance of the City of Federal Way, Washington, relating to Crimina! Law Update;
Creating a New Section in Chapter 6.50 FWRC "Public Officers," amending FWRC
6.50.020 "Public Officer Defined," amending FWRC 6.10.030, "Statutes Adopted" and
repealing FWRC 6.10.030.
At their April 16, 2013 meeting the Council approved the proposed ordinance and
forwarded it to this meeting for second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Honda moved approval and adoption of #he
ordinance. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell
Councilmember Maloney
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Noble-Gulliford
Cauncilmember Duclos
Motion carried 7-0. Ordinance 13-741
COUNCIL REPORTS
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Councilmember Maloney reported she feels Federal Way needs to create jobs and provide
more for public safety. One way this can be achieved is by attracting a 4-year accredited
school to the downtown core. This would bring people to the City as well as create jobs. Last
Friday she, along with a group of individuals met to discuss this idea and all parties were
excited about the possibility. She has also begun to develop a team to work on re-branding
the City. As a resident she, along with a few others are working to develop legislation to
change the way domestic violence and restraining orders are handled.
Councilmember Honda reported the Weyerhaeuser King County Aquatic Center will be
hosting a FIag-Day event on June 8th; this event is sponsored by the Federal Way Soroptimist
Club. There is a Flag-Day essay contest open to school aged children grades kindergarten
through sixth-grade, the deadline is May 30�". Information can be found at local schools. On
May 18th The Rhododendron Garden will host the second annual Blue Poppy Day which is co-
sponsored by the Federal Way Arts Commission. The next meeting of the Parks, Recreation,
Human Services and Public Safety Council Committee is May 14th� She noted the City has
worked hard in regards to re-development efforts of the downtown area. She would like to see
an overall plan that will be the blueprint for downtown. She emphasized the importance of
soliciting public input on the re-development process.
City Council Minutes — May 7, 2013 Regular Meeting Page 7 of 8
Deputy Mayor Ferrell echoed Councilmember Honda's comments regarding downtown re-
development and stated he is looking forward to attending the Farmers Market this Saturday.
Councilmember Burbidge reviewed the agenda for tomorrows Lodging Tax Advisory
Committee meeting. This week she will be attending meetings of the Sound Cities
Association, a meeting of the Puget Sound Regional Council Transportation Policy Board, and
a Sound City Association Economic Development Committee.
Councilmember Celski provided a report on the April 20th Earth Day events in the City. On
June 2"d EarthCorps will be working at the Hylebos Park, volunteers are encouraged to
participate. The Washington Dental Service Foundation is providing services to youth of
families with limited income in the community via the Smile Mobile. They will be at Federal
Way High School from May 20th to 31 S'. If you would like to schedule an appointment, call 253-
945-5400. He also reported the Relay for Life event witl be on June 7-gth.
Councilmember Noble-Gulliford reported May 11th the Federal Way Historical Society will be
opening up the Denny and Barker cabins. Today she attended a conference sponsored by
realtors regarding housing issues and economic development tools that cities can adopt. As a
representative of the Federal Way Historical Society, she had the opportunity to meet with the
Puyallup Indian Tribe to discuss the Pioneer Cemetery and a Tribal Cemetery located next to
it. The Tribe would like to inventory the cemetery and possibly use it moving forward.
Councilmember Duclos reported she is looking forward to working with Councilmember
Maloney and others on developing a new vision for the downtown. She commented on a
recent column in the Federal Way Mirror regarding the April 24"' Police Community meeting in
response to the April 21 St shootings. She feels the column was insensitive as a portion of the
April 24th meeting was for victims to receive grief counseling.
9. MAYORS REPORT
Mayor Priest re�orted Advancing Leadership will be sponsoring a"Break the Chains" bike-
ride on May 18t to bring awareness to the issue of human tra�cking.
10. EXECUTIVE SESSION
. . .
- - - _ _ - �-- - - --- - — - - - - - --
The Council did not adjourn to Executive Session.
11. ADJOURNMENT
Mayor Priest adjourned the meeting at 8:51 p.m.
Attes#:
Carol McNeilly, CMC, City Clerk
Approved by Council:
Gity Council Minutes — May 7, 2013 Regular Meeting Page 8 of 8
COUNCIL MEETING DATE: May 21, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:�
SUBJECT: Lakota Middle School Safe Routes to School Proj�t –Rejection of Bids and Approval to Re-Bid
Project
POL[CY QUESTION: Should the Council reject all bids for the Lakota Middle School Safe Routes to Schooi Project
and authorize staff to rebid the pmject?
COMM[TTEE: Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
■
■
Ordinance
Resolution
MEET[NG DATE: May 6, 2013
❑ Public Hearing
❑ Other
STAFF REPORT BY: John Mulkey, P.E., Street Systems Project Engineer DEwr: Puhlic Works
--.._.._...._..--------�-- ----..._....__._....- -----...---..._...__.._._ -- —
Attachments: Land Use and Transportation Committee memorandum dated May 6, 2013.
Options Considered:
1. Reject all bids for the Lakota Middle School Safe Routes to School Project and direct staff to rebid the
project and return to Committee for further action.
2. Do not reject all bids for the Lakota Middle School Safe Routes to School Project and pmvide direction
to staff.
MAYOR'S RECOMMENDAT[ON: Mayor recommends forwazding Option 1 to the May 21, 2013 City Council
Consent Agenda for approvaL
MAYOR APPROVAL: /;�;G� ����ZZ?Y' DIRECTOR APPROVAL: _�� �
Com �ttee Coun Co��� C�°��
COMM[1TEE RECOMMENDAT[ON: Forward Option 1 to the May 21, 2013 City Council Consent Agenda for
approval.
�
�-'`�� ►►r' � ���
t....�
:�� •: • .
Jeanne Burbidge,
d��Gl';tr�tJ
Diana Noble-Gulli ord, Member
PROPOSED COUNCIL MOTION: "I move to reject all bids for the Lakota Middle School Safe Routes to School
Project and direct staf. f to rebid the project and return to Committee for further action. "
(BELOW TO BE COMPLETED BY ClTYCLERKS OFFICEJ
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED isT reading
� TABLED/DEFERRED/lY0 ACT[ON Enactment readiag
❑ MOVED TO SECOND READING (ordinances only) ORD[NANCE #
RE V ISED — 02/06/2006 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 6, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor ���,�
FROM• Cary M. Roe, P.E., Director of Parks, Pubiic Works and Emergency Management�%r"` \
' John Muiicey, P.E., Street Systems Project Engineer'S��
SUBJECT• Lakota Middle School Safe Routes to School Project -
" Rejection of Bids and Approval to Re-Bid Project
BACKGROUND:
Four (4) bids were received and opened on Apri124, 2013, for the Lakota Middle School Safe Routes to
School Project. See attached Bid Tabulation Summary. The bid resuits were sent to WSDOT for
approval due to grant funding. It was determined the lowest bid was considered irregular based on the
requirements for DBE participation and documentation of a good faith effod. The second low bidder was
considered irregulaz based on omission of costs for bid items in the Bid Schedule. Based on this, Razz
Construction, Inc., the third lowest bidder, was the lowest responsive responsible bidder.
Due to the fact that the lowest responsive bid was 25% above the engineers estimate, staff is
recommending rejection of all bids. WSDOT, the project funding partner through the Safe Routes to
School program, also recommends that the City rejects all bids and re-bid the project.
PRn.iFCT F.STiMATF,n F.XPF.NDiTURES:
Schedule "A" Schedule B Total Schedule
Lakota Middle School SW 312"' St - 14"' A and B
Safe Routes to School Ave SW to Dash
Project Point Road
Improvement Project
Design $208,000 $310, i 88 $518,188
ROW Acquisition (Completed in i01,000 37,000 i38,000
20i1)
Construction Cost (Low Bid) 819,096 1,254,612 2,073,708
10% Construction Contingency 81,910 125,461 207,371
Construction Management 101,570 10i,392 202,963
TdTAL PROJECT COSTS 51,311,576 S 1,828,653 3,140,230
AVAiI.ARi.F. F'[JNnfN(:�
Budgeted City Funds $200,000 $ 1,489,000 $1,689,000
Grant (Federal SRTS) 859,080 0.0 859,080
Mitigation 0.0 $60,063 60,063
Interest Earning 0.0 7,000 7,000
TOTAL AVA[LABLE BUDGET 51,059,080 $ 1,556,063 $2,6i5,143
FUNDING SHORTFALL �-;� 4$I
Page 1 of 4
Page 2 of 4
Page 3 of 4
of ri�e St�dard Spedfica6on3 of tl�e Shandard SpecificadmS
Uie dd is �dered irregular tlie bid is considered ineg�ular
and Mdu be rejeded iF not �d vu�71 be rejected if a urM �st
sibrrniKed as peR of tiie bid_ cermot be Cetermined.
Page 4 of 4
Bid Hem A-49 Bid Item 8-59
Unit cost 513.00 Unit cost
Bid Mwunt $4,360.00 Bid Punount
Actual Cost 54.173.00 Actual Cost
Dilference $13.D0 Difference
Bid Item A-51 Oifference Schedule B
Urrit cost $84.00
Bid Amourrt $336.00 Total 8id Error
Actual Cost 3420.00
DilFerence -584.00
Bid Item A-69
Bid AmouM 532.10
AcWal Cost $3.210.00
DidnY affeci total bid amouM
Difference Sdiedule A
-597.00
$56.00
$112.00
$168.00
-$56.00
-$56.00
-$153.00
COUNCIL MEETING DATE: May 21, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
TI'EM #:��
SUBJECT: City Safety Projects —85% Design Status Report and Authorizaiion to Bid
POLICY QUEST[ON: Should the City Council authorize staff to bid the City Safety Projects and retum to the LITTC
and Council for bid award, further reports and authorization?
COMMCfTEE: Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Basiness
■
�
Ordinance
Resolution
MEETING DATE: May 6, 2013
❑ Public Hearing
❑ Other
STAFF REPORT BY: Sarady Long, Senior Transportation Planning Engineer�_DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated May 6, 2013.
Options Considered:
1. Authorize staff to bid the City Safety Projects and return to the LUTC and Council to award the project
to the lowest responsive, responsible bidder.
2. Do not authorize staff to bid this project and provide direction to staff.
MAYOR'S RECOMMENDAT[ON: Mayor recommends forwarding Option 1 to the May 21, 2013 City CounCil
Consent Agenda for approval.
MAYOR APPROVAL: L��im� ����!�� DIRECTOR APPROVAL: _�/�'�''i i �
Co �ttee Counc� Committee Council
COMM[TTEE RECOMMENDAT[ON: Forward Option 1 to the May 21, 2013 City Council Consent Agenda for
approval.
,
�
. ��J d:��!�,u� "
Bob Celstci, Chair , Jeanne Burbidge, Me r Diana Noble-Gull' rd, Member
PROPOSED COULYCIL MOTION: "I move to authorize staff to bid the Ciry Safety Projects and return to the LIiTC
and Council to award the project to the lowest responsive, responsible bidder. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFF/CEJ
COUNC[L ACTION:
❑ APPROVED COUNCIL B[LL #
❑ DENIED 1sT rcadin8
� TABLED/DEFERRED/NO ACTION Enactmeat reading
❑ MOVED TO SECOND READ[NG (ordinareces only) ORDiNANCE 1�
REVISED - 02/06l2006 RESOLUT[ON �
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 6, 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
' Sarady Long, Senior Transportation Pianning Engineer 'lE�.,._.
SUBJECT: City Safety Projects — SS% Design Status Report and Authorization to Bid
BACKGROUND:
In 2011 the City was invited to submit Urban Safety Grants funding applications for projects to address fatal and
serious injury collisions at intersections, corridors, and throughout the city. The City was awarded funding for
three safety projects under this program with total funding of $782,600 and no local match required.
In 2012, WSDOT issued another "call for projects" for their Quick Response Highway Safety Improvement
program (QRS). The City was awarded two projects under this grant with total funding of $363,200 and no
local match required.
The goal of these programs is to decrease ihe number of fatal and serious collisions that occur on state (city-
responsibility state routes) and local roadways. Common to all these improvements are the addition of reflective
tape on signal head backplates at all signals within the project limits to improve their visibility and flashing
yellow arrow signal indications. The following are safety projects that were awarded under these two grants.
1. Citywide Safety Improvement Project (Urban Safety Grants and QRS Gr�nt): This project
combines the existing Citywide Safety Improvement Project funded through the 2012 Urban Safety
Program with two new grant funded Citywide Flashing Yellow Arrow Conversion and Retro-Reflective
Backplates projects from the 2013 Quick Response Safety Program. This project wiil instail flashing
yellow arrow signal indicators at 12 intersections and reflective tape on signal head backplates at signals
within the City that do not currently have them to improve traffic signal phasing and visibility of traffic
signal heads.
2. SR 99 — S 320"' Street to S 330"' Street Safety Improvement Project: This project wili install
flashing yellow signal indicators at the S 324"' Street and S 330`}' Street intersections and reflective
backplates on all signal heads at three intersections along the corridor. In addition, at the SR 99 at
S 324�' Street intersection, programmed visibility signal heads and advance overhead lane use control
signs will be installed on the westbound approach.
S 320"' Street - SR 99 to SR 5 Safety Improvement Project: This project will install flashing yellow
arrow signal indicators on all legs of the intersection at 25`'' Ave S, and reflective backplates on all
signal heads. At the 25`�' Ave S and S 320"' Street intersection, the pedestrian push button wili be
improved to meet current accessibility standards. In addition, this project will also install advance
overhead lane use control signs for the eastbound approach on S 320�' Street at the I-5 southbound ramp,
and on the northbound and southbound approaches of 23'� Ave S and S 32Q�' Street.
[and Use and Transportation Committee
City Safety Unprovement Projects
May 6, 2013
Page 2 of 2
The following provides a brief synopsis of the progress on these projects to date. Cunently, the project design is
approximately 85% complete, which includes the following completed tasks:
• Preliminary Contract Specifications
• Project Design to 85%
• Environmental Documentation and Submittals
Ongoing Tasks Include:
• Contract Specifications
• Project Design to 100%
PROJECT ESTIMATED EXPENDTTURES:
Citywide Project SR 99 Project S 320� S� Project
Design $86,186 $33,063 $41,734
Right-Of-Way Acquisition N/A N/A N/A
2013 85% Construction Cost Est. $513, i 00 $ i 19,000 $189,900
!0%ConsmicrionContingency $51,310 $11,900 $18,990
Project Management $42,000 $7,000 $7>000
TOTAL PROJECT COSTS $692,596 $170,963 $257,624
PROJECT AVAILABLE FUNDING:
Citywide Project
City Safety Program Grant Funding $35Q000
Federal
Quicic Response Highway Safety $363,200
Im ovement Grant Federal)
City Funding $0.00
TOTAL AVAII.ABLE BUDGET $713,200
SR 99 Project
$174,000
$0.00
$0.00
$174,000
S 320`" S� Project
$258,600
0.00
$0.00
$258,600
These projects are within avaiiable budget and staff anticipates bidding the project in June 2013 and awarding
the pmject in July 2013. Construction is anticipated to commence in July 2013 with an estimated substantial
compietion date in December 2013.
K:\LUTC�20t3\OS-06-13 City Safe Project - 85% Design Status Report and Authorization to Bid.dce
COUNCIL MEETING DATE: May 21, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:�
SUBJECT: Neighborhood Trafftc Safety Program Policy Amendment
POL[CY QUEST[ON: Should City Co�ncil amend the Neighborhood Traffic Safety Program Policy to allow traffic
calming on principal collectors with 30 mph speed limits?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
�■
Ordinance
Resolution
STAEF REPORT BY: Rick Perez, P.E., Traffic Engineer
MEETING DATE: May 6, 2013
❑ Pubtic Hearing
❑ Other
DEwC: Public Works
Attachments: Land Use and Transportation Committee memorandum dated May 6, 2U 13.
OpNons Considered:
1. Adopt the proposed amendment.
2. Do not adopt the proposed amendment and provide direction to staff.
MAYOR RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 21, 20i3 City Council
Consent Agenda for approvaL
MAYOR APPROVAL: ��/J D[RECTOR APPROVAL: � ��
���� I � Commiaee Ca,ncil
COMM[TTEE RECOMMENDAT[01�1: Forward Option 1 to the May 21, 2013 City Council Consent Agenda for
approval.
�.J ` a� �iL��tcQ�/���� �
Bob Celski, Chair Jeanne Burbidge, Me r Diana Noble-Gulliford, Member
PROPOSED COUNCIL MOT[ON: "I move approval of the amendment of the Neighborhood Tra�c Safety Program
Policy to allow traffic calming on principal collectors with 30 mph speed limits. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNC[L AC'f[ON:
❑ APPROVED COUNC[L BILL #
❑ DEN[ED lsT reading
� TABLED/DEFERRED/NO ACf[ON Enactmeat reading
❑ MOVED TO SECOND READING (ordinances only) ORD[NANCE #
REV[SED - 02/062006 RESOLUT[OlY #
K:\COUNCIUAGDB[LLS�2013�05-2t-13 NTS Policy Amendment.docx
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 6, 2013
TO: Land Use and TranspoRation Committee
VIA: Skip Priest, Mayor ��,�
FROM• Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management���'" �
' Rick Perez, P.E., Traffic Engineer �
SUBJECT: Neighborhood Traffic Safety Program Criteria Revision
BACKGROUND•
A recent citizen request for traffic calming on S 304th Street near Steel Lake raised the issue of eligibility for the
Neighborhood Traffic Safety Program. Upon initiation of the NTS Program, eligibility was limited to local
streets and residential minor collectors with posted speed limits of 25 mph. Due to citizen requests, eligibility
was expanded to include principal collectors with posted speed limits of 25 mph, but the selection of traffic
calming devices would be limited to those not having as severe an impact on emergency response times as speed
humps would.
S 304"` Street between SR 99 and Military Road is a principal collector through residential areas. Upon
incorpora.tion, the posted speed limit was 35 mph. This was reduced in 2000 to 30 mph to address safety concems
generated by severe sight distance restrictions caused by the vertical alignment. Hvwever, travel speeds have not
changed, and the collision rate has increased. Therefore, it may be appropriate to consider traffic calming
applications on principal collectors.
There is one prior exception to the existing policy that had been allowed in the City. A speed table was installed
on 16�' Avenue S, a principal collector, in front of Todd Beamer High School. The speed limit was reduced from
35 to 30 mph in conjunction with the construction of the high school at this location. Staff is unaware of any
issues being raised as a result of this installation, and therefore estimate there would be little opposition to making
such a change in the NTS Policy.
The attached policy showing revisions would replace the restriction on the eligibility of principal collectors from
a maximum speed limit of 25 with a maximum of 30 mph. In addition, a fourth table would be introduced for
determining point value for principai collectors with a posted speed limit of 30 mph. It is identicai to that for
principal collectors with a posted speed limit of 25 mph, except that the 85�' percentile speed threshoids have been
increased by 5 mph.
Based on a count over 10 years ago, S 304�' Street would qualify under these criteria.
[C:\LUTC�2013�Q5-06-13 NTS Policy Ama►dmentdocx
`
UTY OF �
Federat Way
Neighborhood Traffic Safety {NTS) Program
Existing residential neighborhoods in the City of Federal Way may be considered for the NTS
program in order to control traffic speeds, reduce cut-through traffic and improve documented
pedestrian and vehicular safety issues. Neighborhoods are defined by elementary school attendance
areas. The NTS program should not be confused with other City processes requir� of new
subdivisions or commercial developments. The NTS program consists of three phases (the three E's)
in the following order: 1) Education, 2) Enforcement, and then 3) Engineering:
n Education:
The education phase is intended to increase neighborhood awareness of local sp�eding issues.
In many cases, a handful of speeders are known to the neighborhood and could use a
reminder to change their driving behavior. A neighborhood watch program may be launched
that could use the following tools:
• Include a general article in your homeowner association's (HOA) and/or local school
newsletters to remind residents about the importance of obeying speed limits, and to wam
residents to be on the watch for speeding traffic. In many cases, the driver is
unintentionally speeding and a friendly reminder would be effective.
• Contact the Police Department at (253) 835-6775 to request placement of a speed trailer
(speed reader board) in your neighborhood. Depending on the location and driver
population, this device may change driver behavior for an indefinite time period.
Volunteers willing to help the Police Department are always appreciated; please call
(253) 835-6730 if interested in volunteering in this program.
• Form a speed watch group to document incidents of speeding. Be sure to include any
vehicle information: colors, makes, models, license numbers, and the dates and times
they pass through a specific location. This information, when compiled for several
weeks, should then be submitted to a selected speed watch program manager. Several
reports of speeding for the same vehicle should then be reported to the Police Department
for enforcement so that officers may more effectively target locations at specific times for
emphases patrol.
In Enforcement:
The second phase of the NTS program is special enforcement. It may take some drivers a
more drastic method (speeding tickets) to change their driving behavior. This usually works
for local residential speeds with minimum cut-through traffic. In some cases, the Engineering
phase is needed to address the speeding issue.
IIn Engineering:
Citizens that have any questions regarding the NTS program may call the Public Works
Department at (253) 835-2700. The NTS program allows the installation of traffic calming
devices such as speed humps, speed tables, raised crosswalks, traffic circles, chicanes,
signing, pavement marking, or other approved devices. These devices shall only be installed
when the following general conditions and criteria are met:
A- Generai Conditions:
1. Less restrictive means of controlling speed {Education and Enforcement) have been
attempted without success.
2. The proposed devices may be installed on residential streets functionally classified as
local or minor col(ector. Some devices that do not severely delay emergency vehicles,
such as speed tables or roundabouts, may be permitted on principal collectors as iong as
the posted speed limit does not exceed �-5 30 mph.
3. No devices shall be installed within 600 feet of a traffic signal or 250 feet of a stop sign.
As measured along the major roadway movement.
4. For vertical deflection devices, no adverse street characteristics exist, such as steep
grades in excess of 8%. In all cases, sight distance standards must be met.
5. Storm drainage problems created by the installation of the proposed devices can be
adequately addressed.
6. Each neighborhood may apply for traffic calming devices costing a maximum of $15,000
per year. If the proposed devices cost more than this amount, the neighborhood may
form a Local Improvement District (LID) to fund the excess amount. Otherwise, the City
may phase and fund the excess amount in a future year (minimum of 12 months from
installation) and based on a first-come, first-serve basis.
7. The City will not fund the installation of traffic calming devices in cul-de-sacs that are
less than 600 feet long.
B- Installation Process and Criteria
1) To be considered for the installation of traffic calming devices, a City prepared or
approved petition must be submitted to the City. The petition must be signed by owners
or residents representing at least ten parcels within the affected area specifying the
problem's nature and exact project location and limits. Petitions for proposals that were
not successfully implemented due to failure to meet the NTS criteria or failure to pass a
ballot proposal in previous attempts wiil only be considered in the following instances:
a. The proposai was not implemented due to budgetary constraints and the criteria
continue to be met; or
b. As determined by the Public Works Director, traffic conditions have changed due
to roadway improvements or land use changes; or
c. At least 36 months has passed since the failure of a previous attempt.
2) A traffic study will then be conducted to see if the program technical criteria (severity
score) is met. Currently, the City considers four criteria to qualify a street for traffic
calming devices:
a) Majority Speed: The 85`� percentile speed averaged for both directions.
b) Volume: The Average Daily Traffic total of both directions.
c) Location: Half a point is given for streets fronting parks, schools, or designated
school crossings.
d) Collisions: A five-year reported collision history (frequency and severity) is
investigated for collisions that may be correctable by traffic calming devices.
C:1Users�DadeneUAppData�L.ocalVviicrosoft\Windows\Temporary Internet Files\Conte�t_Out►ook�?CRD3W7SQ\Neighborhood 2�5
Traffic Safety_docx
Depending on roadway functional classification, each criterion is scored on a scale of 0.0
to 3.0 points as shown in Tables 1 through 3 below. The total severity score is added for
each category for a maximum 15.5 points. A three point minimum severity score is
needed to continue with the program regardless of how the points were collected:
Table 1
Local Residential Street NTS Criteria
Point 85th Percentile Average Daily Location 5-Year Coilision Histo
Scale S Traffic ADT School/Park Total in'u Fatai
0.0 0- 25 0- 500 No 1 - -
0.5 26 - 27 501 - 600 Yes 2 - -
9.0 28 - 29 601 - 700 - 3 1 -
1.5 30 - 31 701 - 800 - 4 - -
2.0 32 - 33 809 - 900 - 5 2 1
2.5 34 - 35 901 -1,000 - 6 - -
3.0 36+ 1,009 + - 7+ 3+ 2+
Table 2
Minor Cotlector Street NTS Criteria
Point 85th Percentile Average Daiiy Location 5-Year Collision Histo
Scale S Traffic ADT School/Park Total In'u Fatal
0.0 0-25 0-1,000 No 1 - -
0.5 26 - 27 1,001 —1,800 Yes 2 - -
1.0 2$ - 29 9,801 — 2,600 - 3 1 -
1.5 30 - 31 2,601 — 3,400 - 4 - -
2A 32 - 33 3,401 — 4,200 - 5 2 1
2.5 34 - 35 4,201 — 5,000 - 6 - -
3.0 36+ 5,001 + - 7+ 3+ 2+
Table 3
Principal Collector Street NTS Criteria (25 mph Speed Limits)
Point 85th Percentile Average Daily Location 5-Year Collision Histo
Scale S ed Tr�c ADT SchooiiPark Total in'u Fatal
0.0 0- 25 0- 5,000 No 1 - -
0.5 26 - 27 5,001 - 7,000 Yes 2 - -
1.0 28 - 29 7,001 - 9,000 - 3 1 -
1.5 30 - 31 9,001 -11,000 - 4 - -
2.0 32 - 33 11,001 -13,000 - 5 2 1
2.5 34 - 35 13,001 -15,000 - 6 - -
3.0 36+ 15,001 + - 7+ 3+ 2f
C:\Users\DarleneLWppData\Local�il�[icrosoft\Windows\Temporary Intemet Files\Content.0utlookVCRD3W7SQ\Neighborhood 3/5
Traftic Safety.docx
Table 4
Principal Collector Street NTS Criteria (30 mph Speed Limits)
Point 85th Percentile Averaqe Daily Location 5-Year Collision Histo
Scale S eed Traffic ADT School/Park Total ln'u Fatal
0.0 0- 30 0- 5,000 No 1 - -
0.5 31 - 32 5.001 - 7,000 Yes 2 - -
1_0 33 — 34 7.001 - 9.000 - 3 1 -
1_5 35 — 36 9.001 -11,040 - 4 - -
2_0 37 — 38 11.001 -13,000 - 5 2 1
2_5 39 — 40 13.001 -15,000 - 6 - -
3_0 41 + 15.001 + - 7+ 3+ ?+
3) If a project does not meet the 3-point minimum severity score, the contact petitioner is
informed about the study results and is asked to inform those who signed the petition of
the results. In such a case, additional education and enforcement would be the proposed
solution.
4) If the project meets the above criteria, the City will hold a neighborhood meeting to
discuss the advantages and disadvantages of various traffic calming devices and to
develop a consensus solution. In addition to residents, staff from the School District,
Police, and Fire Departments may also be invited. Public meetings are usually advertised
by posting signs on the subject roads.
5) Ballots are sent to all properties abutting the streets and within 600 feet (measured along
street centerlines) of the proposed project iocation. Ballots are also sent to properties
where the proposed devices would be located along their sole access route as determined
by the Public Works Director. Only one ballot will be issued per housing unit address. A
simple majority (more than 50 %) of returned ballots is necessary to carry the project
forward to City Council for final approval. The ballots are only utilized to measure
neighborhood project support and are advisory to Council who may modify the proposal.
6) If a ballot area extends beyond the City limits, ballot results for ballots returned from
properties within the City and from outside the City will be tabulated separately and
jointly for evaluation by the City Council.
7) The ballot results may be delivered to the neighborhood utiiizing signs on the street or by
conducting a second neighborhood meeting.
8) If a project's severity score is at least 6 points, staff may devetop a proposal with citizen
input and the balloting process may be bypassed.
9) If the ballot measure passes or if the total severity score is at (east 6 points, the proposal
is presented to the City Council sub-committee, and if passed, is then presented to the full
Council for final approval.
10) If the ballot measure fails, a three-year waiting period is required to restart the process.
11) If approved by Council, the traffic calming devices would be installed as soon as budget,
weather, and the contractor's schedule permits.
C:1Useis�DarleneLWppData\LocatV�ficrosoft\Windows\Temporary [ntemet Files\Content.0utlookVCRD3W7SQ\Neighborhood 4/5
Traffic Safety.docx
C- Removal Process and Criteria
Traffic calming devices may be removed when all of the following criteria are met:
1) A City prepared or approved petition signed by owners or residents representing 10 or
more lots within the affected area must be submitted to the City. The affected area
includes properties abutting streets within 600 feet of the existing device location,
measured along street centerlines, and properties which the existing devices are located
along their sole access route as deternuned by the Public Works Director, and
2) Property owners and residents within the affected area shall be sent a City prepared or
approved ballot by first class mail. More than 50 % of the returned ballots must vote
affirmatively, concurring with the removal of devices. This ballot is advisory to City
Council, who may modify the proposal, and
3) An adequate review period (minimum of 12 months from instailation) and subsequent
engineering analysis has been performed to determine the traffic characteristics along the
route and the impacts to the remaining street system.
C:1lJsers\DarleneUAppData\Local�Microsoft\Windows\Temporary (ntetnet Files\Content.0utlook�XRD3W7SQ\Neighborhood 5�5
Traffic Safery.docx
City of Federal Way
Neighborhood Traffic Safety (NTS) Program
Petition for Installation/Removal of Traffic Calming Devices
Date:
Roadway Segment: (On street, from street — to street)
Nature of Request:
Name Street Address Phone Number Email Si nature
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
�Minimum of lU dit%rent addresses required.
Contact Person's Information
Name: Phone Number:
Address: Email:
Please send to: Attn. Erik Preston, City of Federal Way, Public Works Department, 33325 8 Avenue S, Federal Way, WA 98003
COUNCIL MEETING DATE: May 21, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:�
Sus.�ECT: Setting a Public Hearing Date and Adoption of Resolution for 2014-20i9 Transportation Improvement
Plan
POL[CY QUESTiON: Should City Council set a Public Hearing for adoption of the 20142019 Transportation
Improvement Plan on June 1S, 2013?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
■
►i
Ordinance
ResoluNon
STAFF REPORT BY: Rick Perez, P.E., Traffic Engineer
MEETiNG DATE: May 6, 2013
❑ Public Hearing
❑ Other
DEP1': Public Works
Attachments: Land Use and Transportation Committee memorandum dated May 6, 2013.
Options Considered:
1. Authorize staff to proceed setting the Public Hearing date on June 18, 2013.
2. Set Public Hearing on an alternative date recommended by the committee.
MAYOR RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 21, 2013 City Council
Consent Agenda for approval.
MAYOR APPROVAL: �,C��
0
DIRECTOR APPROVAL:
mmittee Counc;i
COMMiTTEE RECOMMENDATION: Forward Option i to the May 2i, 2013 City Council Consent Agenda for
approval.
• �4���11��/�z�'`� ZG°iy'�p-`'`
�
Bob Celski, Chair Jeanne Burbidge, Membe Diana Noble-Gulliford, Member
PROPOSED COUNC[L MOT[ON: "I move approval of the resolution setting the date of a Pubdic Hearingfor the
2014-2019 Transportation Improvement Plan on June 18, 2013. "
(BELOW TO BE COMPLETE'D BY CITY CLERXS OFFICE)
COUNC[L ACTION:
❑ APPROVED COUNCIL BILL #
❑ DEN[ED 1ST reading
❑ TABLED/DEFERRED/NO ACftON Enactment reading
❑ MOVED TO SECOND READiNG (ordinances only) ORDINANCE #
REV [SED — 02/06/2006 RESOLUTION #
K:\COtINCILWGDB[LLS�2012\06-19-12 Six Year T[P setting public hearing .doc
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 6, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM• Cary M. Roe, P.E., Director of Parks!'{J blic Works and Emergency Management���
' Rick Perez, P.E., Traffic Engineer
SUBJECT: Setting Public Hearing for 2014-2019 Transportation Irnprovement Plan
BACKGROUND•
In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington (RCV�, the
City of Federal Way adopted its original Transportation improvement Plan (TIP) and Arterial Street Impmvement
Plan {ASIP) on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis to
reflect the City's current and future street and arterial needs.
The City is required to hold a minimum of one public hearing on the revised plans. Staff pmposes that this occur
at the June 18, 2013 City Councii meeting. Once the revised plans have been adopted by Resolution, a copy of
the respective plans must be filed with the Washington State Secretary of Transportation and the Washington
State Transportation Improvement Boazd. The attached Resolution sets the public hearing date for the
June 18, 2013 City Council meeting. The TIl' will also be presented to the Land Use and Transportation
Committee on June 3, 2013.
��
K:\LUTC�2013\OS-06-13 Setting Six Year T[P Hearing Date.docz
RESOLUTION NO.
A RESOLUTION of the City Council of t6e City of Federal Way,
Washington, setting a Public Hearing date of Tuesday, June 18, 2013
for adoption of a revised Six-Year Transportation Improvement
Program and Arterial Street Improvement Plan.
WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City
Couneil of the City of Federa.l Way must adopt a revised and extended Six-year Transportation
Improvement Program ("TIP") and Arterial Street Improvement Plan ("ASIP") annually; and
WHEREAS, the City of Federal Way's SEPA Responsible Official reviewed the TIP and
ASIP under the State Environmental Policy Act, RCW 43.21C, and issued a Determination of
Nonsignificance on May 18, 2012; and
WHEREAS, a public hearing must be held prior to the adoption of the revised and
extended Six-year Transportation Improvement Program and Arterial Street Improvement Plan;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section l. Public Hearin�. A public hearing shall be held on the 2014-2019 Federal Way
Transportation Improvement Plan and Arterial Street Improvement Plan at 7:00 p.m. on
Tuesday, June 18, 2013, at the Federal Way City Hall Council Chambers.
Section 2. Severabilitv. If any section, sentence, clause or phrase of this resolution
should be heid to be invaiid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this resolution.
Section 3. Corrections. T'he City Clerk and the codifiers of this resolution are authorized
to make necessary corrections to this resolution including, but not limited to, the correction of
Resolution No. 13- Page 1 of 2
Rev 1J10
r
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date oithis resotution is hereby ratified and affirmed.
Section 5. Effective Date. This resoiution sha11 be effective immediately upon passage
by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 20 .
CITY OF FEDERAL WAY
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:
RESOLUTION NO.:
Resolution No. 13-
Page 2 of 2
Rev 1/10
COUNCIL MEETING DATE: May 21, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: AUTHORIZATION OF AN AMENDMENT TO A CDBG EMERGENCY HOUSING REPAIR PROGRAM
CONTRACT — M.A.D. CONSTRUCTION.
POLICY QUESTION: Should the City Council approve the amendment to a Housing Repair Program Contract
with M.A.D. Construction.?
COMMITTEE: PRHSPS
CATEGORY:
� Consent
❑ City Council Business
STAFF REPORT BY: Jav Bennett
❑ Ordinance
❑ Resolution
MEETING DATE: May 14, 2013
❑ Public Hearing
❑ Other
DEPT: CED/Cammunity Services
Attachments: Proposed Amendment to Professional Services Agreement with M.A.D: Construction, Inc.
Background:
The City Council authorized up to $150,000 of the City's Community Development Block Grant (CDBG) dollars
to be available for an Emergency Housing Repair Program. The 2013 program increased the investment level up
to $10,000 per home.
At the March 5, 2013 regular meeting, City Council authorized an Agreement with M.A.D. Construction for an
amount not to exceed $30,000. M.A.D Construction has recently completed several projects, thereby
necessitating an increase in the Agreement amount up to $60,000.
Options Considered:
1. Authorize Agreement amendment with M.A.D Construction for an additional $30,000 for a total
Agreement amount of $60,000.
2. Do not authorize amendment and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: �
Committee
DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: I move to forward the proposed amendment to the M.A.D Construction
Agreement to the May 21, 2013 consent agenda for approval.
� *
�
Committee Chair Committee Member Corn ttee Member
PROPOSED COUNCIL MOTION: "I move approval of an amendment to the M.A.D Construction Agreement,
effective March S, 2013 through December 31, 2013 in the amount of $30, 000 for a total compensation of up to
$60, 000, and authorize the Mayor to sign said Agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment readi►g
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
� UTY OF CITY HALL
� ������' ��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. ciryof(ederalway. com
AMENDMENT NO. 3
TO
PROFESSIONAL SERVICES AGREEMENT
FOR
EMERGENCY HOUSING REPAIR PROGRAM GENERAL CONTRACTOR
This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal
corporation ("Gity"), and M.A.D. Construction, LLC, a Washington limited liability corporation ("Contractor"). The
City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to
amend the original Agreement for Emergency Housing Repair Program General Cont�actor Services ("Agreement")
dated effective July 23, 2012, as amended by Amendment No(s). 1 and 2, as follows:
1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit "B-2", attached hereto and incorporated by this reference. The
Con,tractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked
at the negotiated rate(s). Except as otherwise provided in an attached Exhibit, the Contractor shall be solely
responsible for the payment of any t�es imposed by any lawful jurisdiction as a result of the performance and
payment of this Agreement.
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and a11 acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. T'he parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
AMENDMENT - 1 - 1 /2010
` CITY OF
'�,�,,,`..-, Federal
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www atyoffederahvay. com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
By:
Skip Priest, Mayor
DATE:
M.A.D. Construction, LLC
By:
Printed Name:
Title:
DATE:
STATE OF WASHINGTON )
) ss.
COUNTY OF 1
ATTEST:
City Clerk, Carol McNeilly, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A Richardson
On this day personally appeared before me , to me known to be the
of that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of
20_
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
AMENDMENT - 2 - 1/2010
` CITY OF
� Federal
CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www aryoffederahvay com
EXHIBIT B-2
ADDITIONAL COMPENSATION
1. Total Compensation: In return for the ongoing Services, the City shall pay the Contractor an additional
amount not to exceed thirty thousand and 00/100 Dollars ($30,000.00). The total amount payable to Contractor
pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to
exceed sixty thousand and 00/100 Dollars ($60,000.00).
AMENDMENT - 3 - 1/2010
COUNCIL MEETING DATE: May 21, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: AUTHORIZATION OF AN AMENDMENT TO A CDBG EMERGENCY HOUSING REPAIR PROGRAM
CONTRACT — NORTHWEST ROOF SERVICES, INC.
POLICY QUESTION: Should the City Council approve the amendment to a Housing Repair Program Contract
with Northwest Roof Services, Inc.?
COMMITTEE: PRHSPS
CATEGORY:
� Consent .
❑ City Council Business
STAFF REPORT BY: Jay Bennett
❑ Ordinance
❑ Resolution
MEETING DATE: May 14, 2013
❑ Public Hearing
❑ Other
DEPT: CED/Community Services
Attachments: Proposed Amendment to contract with Northwest Roof Services, Inc.
Background:
The City Council authorized up to $ l 50,000 of the City's Community Development Block Grant (CDBG) dollars
to be available for an Emergency Housing Repair Program. The 2013 program increased the investment level up
to $10,000 per-home.
At the March 5, 2013 regular meeting, City Council authorized a contract with Northwest Roof Services for a not
to exceed amount of $30,000. Over the past two months, the Emergency Housing Repair Program has completed
three roof replacement projects and thus has rapidly depleted the previous City Council authorization, thereby
necessitating an increase in the contract amount.
Options Considered:
l. Authorize contract amendment with Northwest Roof Services, Inc. for an additional $30,000 for a total
contact amount of $60,000.
2. Do not authorize contract and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:
Committ
DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: I move to forward the proposed amendment to the Northwest Roof Services,
Inc. Agreement to the May 21, 2013 consent agenda for approval. �
�J� /
Committee Chair Committee Member Comm. ee Member
PROPOSED COUNCIL MOTION: "I move approval of an amendment to the Northwest Roof Services, Inc.
Agreement, effective March 5, 2013 through December 31, 2013 in the amount of $30, 000 for a total
compensation of up to $60, D00, and authorize the Mayor to sign said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLEDNEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
` CITY oF CITY HALL
'�...., Fe d e ra I 11Uay 33325 Sth Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway. com
AMENDMENT NO. 3
TO
PROFESSIONAL SERVICES AGREEMENT
FOR
EMERGENCY HOUSING REPAIR PROGRAM ROOFING CONTRACTOR
This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Northwest Roof Services, Inc., a Washington corporation ("Contractor"). The City and
Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the
original Agreement for Emergency Housing Repair Program General Contractor Services ("Agreement") dated
effective July 23, 2012, as amended by Amendment No(s). 1 and 2, as follows:
1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City sha11 pay the Contractor and the rate or
method of payment, as delineated in Exhibit "B-2", attached hereto and incorporated by this reference. The
Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked
at the negotiated rate(s). Except as otherwise provided in an attached Exhibit, the Contractor shall be solely
responsible for the payment of any talces imposed by any lawful jurisdiction as a result of the performance and
payment of this Agreement.
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement sha11 apply to and govern this Amendment. The parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
AMENDMENT - 1 - 1/2010
` CITY OF
� Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. ciryoffederahuay. com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
:
Skip Priest, Mayor
DATE:
NORTHWEST ROOF SERVICES, INC.
By:
Printed Name:
Title
DATE:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
ATTEST:
City Clerk, Carol McNeilly, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A Richardson
On this day personally appeared before me , to me known to be the
of that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instruxnent
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of
AMENDMENT
20
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
-2-
1/2010
` CITY OF
'�....., Federal
CITY HALL
��33325 8th Avenue South
� Federal Way, WA 98003-6325
(253) 835-7d00
www. atyoffederahvay. com
EXHIBIT B-2
ADDITIONAL COMPENSATION
1. Total Compensation: In return for the ongoing Services, the City shall pay the Contractor an additional
amount not to exceed thirty thousand and 00/100 Dollars ($30,000.00). The total amount payable to Contractor
pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to
exceed sixty thousand and 00/100 Dollars ($60,000.00).
AMENDMENT - 3 - 1 /2010
COUNCIL MEETING DATE: May 21, 2013 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
�
SUBJECT: SAGHALIE RUBBER TRACK REPLACEMENT
POLICY QUESTION: Should a Purchase Order (PO) be approved with KCDA and authorization given to
enter into a contract with the FieldTurf/Beynon � Corporation, to replace rubber track surfacing at
Saghalie Park?
COMMITTEE: Parks, Recreation, Human Services & Public Safety
CATEGORY:
� Consent
� City Council Business
❑ Ordinance
❑ Resolutiog
MEETING DATE: May 14, 2013
■
■
Pubtic Hearing
Other
• • DEwc: PRCS
STAFFREPORT BY: Stephen Ikerd, Parks & Facilities Manager ..........................................................__................................................................................................-------.............................._..._.___...........
_ ................................................................................................ ..
Attachments: Saghalie Track Memo.
Options:
1- Authorize the Mayor to approve a PO with KCDA and a contract with FieldTurf/Beynon� to replace
rubber track surfacing at Saghalie Park, for a total not to exceed $143,449.00 (Total includes; project cost,
KCDA fee, 10% contingency and tax)
2- Do not approve a PO with KCDA and a contract with the FieldTurf/Beynon� to replace rubber track
surfacing at Saghalie Park and give staff direction.
MAYOR'S RECOMMENDATION: Option 1; Authorize the Mayor to approve a PO with KCDA and a contract
with FieldTurf/Beynon� to replace rubber track surfacing at Saghalie Park, for a total not to exceed
$143,449.00 and forward to full Council consent agenda on May 21, 2013 for approval.
MAYOR APPROVAL:
to
DIRECTOR APPROVAL:
� c� To co�>>
COMMITTEE RECOMMENDATION: "I move to authorize the Mayor to approve a PO with KCDA and a
contract with FieldTurf/Beynon� to replace rubber track surfacing at Saghalie Park, for a total not to
exceed $143,449.00, to full Council consent agenda on May 21, 2013 for approval ".
�
��'' ' � /
, Committee Chair Committee Membe _ Co mittee Member �
PROPOSED COUNCIL MOTION: `7 mov�authorize the Mayor to approve a PO with KCDA and a contract
with FieldTurf/Beynon� to replace rubber track surfacing at Saghalie Park, for a total not to exceed
$143, 449.00 "
(BELOW TO BE COMPLETED BY CTfY CLERKS OFFlCE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUT[ON #
GTY OP
"�....- Federal Way
Parks and Facilities Division
Date: April 29, 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. C�y�
Subject: Saghalie Track Rubber Replacement
The original rubber surfacing installed in 1994 on the Saghalie running track has reached
its useful life and is in need of replacement. The rubber is worn from heavy use and now
grooved and coming loose in areas. The Parks Department and School District
recommend replacing the rubber with a new generation L-2000 rubber product.
The Parks Department has been working with Federal Way Public School staff on running
track improvements at both Saghalie and Sacajawea Parks. From these meetings it was
agreed that since the Parks Department had taken the lead and provided funding for the
recent Sacajawea soccer field improvements, that they would take the lead and fund most
of a track improvement project at Sacajawea and we would take the lead and fund the
Saghalie rubber replacement project.
Staff contacted FieldTurf/Beynon � Corporation, who is registered with the King County
Directors Association (KCDA) purchasing program. The City has a current Council
approved agreement for procurement authority with KCDA. This agreement allows the
City to work with a pre-approved company to customize a variety of projects at discount
rates that KCDA secured through a competitive bidding process. This vendor selection
method works best for us at this time, because a lot of administrative time is saved and
the City can simply issue a PO to KCDA, who then contracts with the vendor for the
replacement project. The City will also sign a contract directly with FieldTurf/Beynon 0 for
added protection and City staff will oversee the field work, to ensure the scope of work is
met.
The KCDA bid price from FieldTurf/Beynon O for all associated rubber surface
replacement work at Saghalie is as follows:
FieldTurf/Beynon �: Saghalie Park rubber track replacement.
$130,408.18 — Remove old, dispose and install new rubber surface, KCDA fee, and sales tax.
13.040.82 —10% contingency
$143,449.00 — Total encumbrance not to exceed.
Funding Source:
$117,393.00 — Fee in Lieu mitigation funds assigned to Saghalie planning area for improvements.
26.056.00 — Parks Major Maintenance account.
$143,449.00 — Total project cost not to exceed.
COUNCIL MEETING DATE: May 21, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
0
ITEM #: � �
SUBJECT: THIRD AMENDMENT TO 'IT� MACDONALD MILLER ENERGY PERFORMANCE AGREEMENT
POLICY QUESTION: Should the Mayor and Council authorize a third amendment to the MacDonald-Miller
Energy Performance Agreement for additional repairs, maintenance and monitoring of the HVAC distribution
system at City Hall?
COMMITTEE: PRHSPS
CATEGORY:
� Consent
❑ City Council Business
■
■
Ordinance
Resolution
MEETING DATE: May 14, 2013
❑ Public Hearing
❑ Other
STAFF REPORT BY: Ste hen Ikerd — Parks & Facilities Mana er DErr: PRCS
......... ..
P ............................................................................._............................................................................ g . .............................................................._..........................................................__.........................._.........._..._....._.........._.._._..................__..
Attachments: Third Amendment Memo to the MacDonald—Miller Energy Performance Agreement.
Options Considered:
1) Approve a third amendment to the MacDonald-Miller Energy Performance Agreement for
additional repairs, maintenance and monitoring of the HVAC distribution system at City Hall in the
amount of $22,962.15 over a 3 year term, and authorize the Mayor to execute said agreement and
forward to the full Council May 21, 2013 consent agenda for approval.
2) Do not authorize a third amendment and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1: Authorize a third amendment to the MacDonald-Miller Energy
Performance Agreement for additional repairs, maintenance and monitoring of the HVAC distribution system at
City Hall in the amount of; $22,962.15 over a 3 year term and authorize the Mayor to execute said agreement and
forward to the full Council May 21, 2013 consent agenda approval.
MAYOR APPROVAL: ������ ������ DIRECTOR APPROVAL: �I
ommi e Co cil Initisl
COMMITTEE RECOMMENDATION: I move to forward the authorization of a third amendment to the MacDonald-
Miller Energy Performance Agreement for additional repairs, maintenance and monitoring of the HVAC
distribution system at City Hall in the amount of,• $22,962.15 over a 3 year term, and authorize the Mayor to
execute said agreement and forward to the full Council May 21, 2013 consent agenda approval.
�
mmittee Chair
Member
Committee
�
PROPOSED COUNCIL MOTION: "I move approval of authorizing a thir a endment to the MacDonald-Miller
Energy Performance Agreement for additional repairs, maintenance and monitoring of the Hi�AC distribution
system at City Hall in the amount of,• $22,962.15 over a 3 year term, and authorize the Mayor to sign said
agreement "
(BELOW TO BE COMPLETED BY CTfY CLERKS OFFlCE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 08/12/2010
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
Date:
To:
From
Via:
Subject:
` CITY OF
'�•..... Federal Way
Parks and Facilities Division
May 14, 2013
PRHSPS Council Committee
Stephen Ikerd, Parks & Facilities Manager
Mayor Skip Priest �,,,�[
Cary M. Roe, P.E., Director of Parks, Public Works & Emergency Mgmt. V�' �
Third Amendment to the MacDonald-Miller Energy Efficiency Project
Background:
The City entered into an Energy Efficiency Agreement with MacDonald-Miller Facilities �olutions
July, 2011 to repair and upgrade portions of the HVAC system in City Hall. This project
improved control and repaired malfunctioning equipment which lead to more energy savings.
Additional unused ARRA Grant funds became available the end of 2011 from the Residential
Energy Improvement program, so approval was given for a second amendment to improve the
Data Air system in our central computer room on Feb 1, 2012. This upgrade successfully
improved energy efficiency and extend the life of this specific equipment.
There is still a large portion of the City Hall HVAC distribution system that has repair needs and
was not covered in the ARRA Grant program. Repairs, routine monitoring and adjusting of this
distribution system effects the overall energy efficiency program for this facility. We are
requesting approval to enter into a 3`d amendment which includes a comprehensive coverage
agreement that covers all parts and repairs of the remaining distribution system not covered in
the original energy improvement project. The original agreement has 3 years left on the term.
Recommendation:
Amend the MacDonald-Miller Energy Efficiency Agreement to include repairs, routine monitoring
and adjusting of this distribution system in the amount of $7,654.05 annually, with a 3 year
contract total of $22,962.15 for this amendment. Funding for this project would come from the
Facilities Operations account.
Financial Summary:
Amendment 1 amount
Amendment 2 amount
Amendment 3 request
$35,932.00 — completed and paid from replacement reserves.
$18,153.00 - completed and paid from ARRA Grant funds.
22 962.15 —(3 year total) paid out at $7654.05 annually.
$77,047.15 — total for all 3 amendments
The 3rd amendment funding source will come from the Facilities Operation budget line item for
HVAC repairs. $11,000 annually is currently approved in this line item, which equals $33,000
available over the 3 year term.
$33,000.00 - available
$22,962.15 — needed for the 3�d amendment
$10,037.85 — balance of available funds.
COUNCIL MEETING DATE: May 21, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: FISCAL YEAR 2013 BVP (BALLISTIC VEST PARTNERSHIP) GRANT APPLICATION
POLICY QUESTION: Should the City Of Federal Way accept the FY 2013 BVP (Ballistic Vest Partnership)
grant monies, if awarded, to fund the purchase of 30 replacement ballistic vests?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC
SAFETY COUNCIL COMMITTEE (PRHS&PS)
CATEGORY:
� Consent
❑ City Council Business
STAFF REPORT BY: Stan M
❑ Ordinance
❑ Resolution
Administrative Commander
MEETING DATE: May 14, 2013
❑ Public Hearing
❑ Other
DEPT: Police Department
Attachments:
1. PRHS&PS Committee Staff Report Memo
2. BJA (Bureau of Justice Assistance) GrantJPartnership E-mail Announcement
Options Considered:
1. Pre-approve the Acceptance of this Grant Award, Along with the Required City Matching Funds
2. Re'ect This Grant, if Awarded.
........................J____._..__......................�.............................._....................................................................._........................................................................................................................................................................,.................._....................................._.......................,.......�......_............----...............................�......_.......
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL: �O�a� ��i� �� DIRECTOR APPROVAL:
Comm' ee Co ci
COMMITTEE RECOMMENDATION: I move to fonvard this BVP grant acceptance request to the May 21, 2013
Council agenda for approval.
�
Committee Chair
Committee Member
�
Member
PROPOSED COUNCIL MOTION: "I move itPiaccept the FY 2013 BVP grant funds, if awarded, and authorize
the reguisite Ciry "matching funds " and authorize the Police Department to purchase replacement ballistic
vests " with these funds ".
(BELOW TO BE COMPLETED BY C7TY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: 1VIay 14, 2013
T0: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest; Mayor
FROM: Brian J. Wilson, Police Chief
SUBJECT: 2013 Ballistic Vest Partnership (BVP) Grant.
The Federal Way Police Department anticipates having to replace thirty (30) expired ballistic vests in
the next 24 months.
The Bureau of Justice Assistance (BJA) just announced that the fiscal year 2013 BVP (Ballistic Vest
Partnership) application funding period is now open for agencies to apply.
The FY 2013 BVP application window is Apri18 through May 20, 2013 and all applications must be
submitted online at, http://www.ojp.usdoj. o� v/bvpbasi/ .
We have historically obtained the Council's�approval to apply for and receive this grant award and
have utilized these federal funds to help off-set the purchase costs for new ballistic vests.
Anticipating Council approval, and in order to meet the required BJA time-line, we have submitted
our grant application for these funds.
If we are selected to receive the BVP grant, the award amount will be $13,577.
The required City "matching funds" will also be $13,577.
"Matching" funds from previous BVP grants have been taken from the Police Department fuel
saving, salary savings, or uniform budget. We are proposing that the matching funds for the 2013
BVP grant be taken from the Police Department's Uniform & Equipment budget.
We are seeking Council approval to:
- Accept the FY 2013 BVP grant funds, if awarded;
- Set aside the required matching funds as needed for this grant;
- Purchase thirty (30) replacement ballistic vests with these funds.
The results of the grant award will not be available until the 3`a quarter of 2013.
From: owner-bvp-list@ojp.usdoj.gov [mailto:owner-bvp-list ojp.usdoj.gov] On Behalf Of BVP
Sent: Wednesday, April 10, 2013 9:21 AM
Subject: Bulletproof Vest Partnership (BVP) FY 2013 Application Announcement "
Dear BVP Participant:
The Bureau of Justice Assistance (BJA) is pleased to announce the Fiscal Year 2013 BVP application
funding period.
Applications for FY 2013 BVP funds will be accepted beginning Monday, April 8, 2013. All applications
must be submitted online at http://www.oip.usdoi.�ov/bvpbasi/ by 6:00 pm (e.d.t.), Monday, May 20,
2013.
Important Information Regarding FY 2013 BVP Funds:
1. The mandatory wear requirement implemented in FY 2011 is still in place for FY 2013. Jurisdictions
receiving funding for reimbursement of body armor purchases must have a written mandatory wear
policy for uniformed patrol officers, in place when the FY 2013 BVP applications are submitted. Please
see the BVP mandatory FAQs for further guidance on this new requirement:
http://www.oip.usdoi.�ov/bvpbasi/docs/FAQsBVPMandatorvWearPolicv.pdf
2. FY 2013 BVP funds may only be used toward the purchase of vests ordered on or after April 1, 2013.
3. Each vest purchased with FY 2013 funds must meet National Institute of lustice (NU) standards on
the date it was ordered and must be American-made. Please see this website for the latest NU
compliant vests: https://www.iustnet.or�/other/ballistic cpl.html and
https://www.iustnet.orA/other/stab cql.html
4. To draw down FY 2013 BVP funds, vests must be received and the request for payment submitted to
the BVP system by August 31, 2015.
5. The BVP user login process was updated on 11/22/2011. This update requires all existing users to
visit the BVP site to register for a new BVP account and associate it with an existing agency before
agency details can be viewed. If you have already completed these steps, please proceed with the
application.
To register, please create a new user login and associate it with your current agency by providing your
current account login and password. See the BVP Account Creation Checklist for an overview of the
steps required, and the BVP User and Agency Registration Guide for more details on this process.
6. Jurisdictions with more than one law enforcement agency (LEA) associated with the jurisdiction
account may not submit a separate application. Instead, the LEAs associated with jurisdictions with
more than one LEA must submit their own application information and vest needs to the jurisdiction.
The jurisdi�ction will then submit the LEA applications in one submission to BJA.
7. To ensure that program participants are submitting applications that accurately reflect their vest
needs for the next two years, please review the program guidance below. Prior to submitting an
application for FY 2013 BVP funds:
a. Verify that the number of vests indicated on the application does not exceed actual agency needs.
Review all currently deployed vests for those that will need to be replaced during the next two years,
according to the replacement cycle indicated on your BVP system profile. Applications for funds should
reflect the number of vests your agency needs to replace within the next two years, and vests for
officers your agency anticipates hiring in the next two years. (New hires can be anticipated based on the
average number of officers hired over the most recent three years.)
b. Ensure that the application accurately reflects the current market cost for the vests identified on
the application.
c. Review previous year(s) BVP funding to identify any unspent funds that might currently be available
for BVP needs.
Your careful attention to actual vest needs will help ensure that all eligible jurisdictions submitting
requests will receive the maximum allowable based on the appropriation and distribution guidelines.
For questions regarding this email or for assistance with the online application process, please do not
hesitete to call the BVP Help Desk at 1-877-758-3787, or email vests@usdoi.�ov.
Sincerely,
7he BVP Program Team
Bureau ofJustice Assistance
http://www.ojp.usdoi.�ov/bvpbasi/
The user or Contact Name is: Joseph Husted is located at 810 in Room # 4333 (NOTE: OJP Only) and
can be reached on
If you plan on working on this ticket, please go into HEAT and acknowledge it as soon as possible,
otherwise an e-mail will be sent to your lead for possible reassignment. If you do not have an HEAT
account, please reply to the OJP Help Desk when you plan to work on it and they will acknowledge the
ticket for you. Also, please ensure that the OJP Help Desk is notified when the resolution has been
reached so that the ticket may be closed.
NOTE: Please do not reply back to this e-mail. Mail is not monitored at this address. Contact your HEAT
Administrator with any questions.
COUNCIL MEETING DATE: May 21, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) GRANT - RADARS
ITEM #:�_
POLICY QUESTION: Should the City Of Federal Way / Police Department accept grant funds in the amount of
$8,500.71 to purchase two (2) traffic Lidar units. These Lidars would be used to enhance school zone speed
enforcement.
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: May 14, 2013
SAFETY COUNCIL COMMITTEE (PRHS&PS)
CATEGORY:
� Consent
❑ City Council Business
STAFF REPORT BY: Lt. Jim Nelson
Attachments:
1. PRHS&PS Memo
2. Kustom Lidar Quote
Options Considered:
1. Accept Grant
2. Reject Grant
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL:
Com ittee
❑ Ordinance ❑ Public Hearing
❑ Resolution ❑ Other
DEPT: Police
DIRECTOR APPROVAL: .,C� �►���
COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the May
consent agenda for approval.
\
� ��
Committee Chair Committee Member Com i
, 2013 Council
Member
PROPOSED COUNCIL MOTION: "I mov�pproval and acceptance of the WTSC Grant for two (2) Tra�c
"ProLaser" Lidar Systems with a total compensation of $8,500.7.
(BELOW TO BE COMPLETED BY C/TY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACPION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
DATE:
TO:
VIA:
FROM:
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
May 14, 2013
Parks, Recreation, Human Services and Public Safety Council Committee
Skip Priest, Mayor
Brian J. Wilson, Chief of Police
SUBJECT: Acceptance of WTSC Grant Money for two (2) Traffic "ProLaser" Lidar systems
Proposal
The Federal Way Police Department is a full service law enforcement agency. A core piece of
this agency is the FWPD traffic unit, specifically geared towards traffic education and
enforcement. Our aim is to provide the safest possible roadways for all of our motorists and
pedestrians. Most importantly, we are committed to providing safe school zones through strict
school zone speed enforcement.
The traffic officers use speed measuring devices (Radars and Lidars) to conduct speed
enforcement. Over the years, usage and weather has taken a toll on our current Radars and
Lidars. Further, not every traffic ofiicer is equipped with a Lidar system.
This proposal requests the acceptance of grant funds to purchase two new Lidar systems. These
new Lidars will enable our trafiic officers to be more effective in our school zone speed
enforcement efforts.
Funding Source
The Washington Traffic Safety Commission provides grant funding for school zone speed
enforcement. These Lidar systems will be funded entirely from a WTSC grant.
Kustom Signals Quotation:
Qty Product Description
Pro-laser IIII $3,616.00
Pro-laser Motorcycle Holster $265.60
Tax 9.50%
Unit Price
2
2
Total
SubTotal
$7232.00
$531.20
$737.51
$8500.71
COUNCIL MEETING DATE: May 21, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: � �
SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) DRUG RECOGNITION EXPERT (DRE)
OVERTIME FUIYDING
POLICY QUESTION: Should the City Of Federal Way / Police Department enter into a Memorandum of
Understanding (MOU) with the WTSC to receive overtime funding for DRE certifed officers when working on
drug evaluations?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC
SAFETY COUNCIL COMMITTEE (PRHS&PS)
CATEGORY:
� Consent
❑ City Council Business
STAFF REPORT BY:
Attachments:
1. PRHS&PS Memo
2. MOU
Options Considered:
1. Accept Grant
2. Reject Grant
Allen
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL:
❑ Ordinance
❑ Resolution
MEETING DATE: May 14, 2013
❑ Public Hearing
❑ Other
DEPT: Police
_ _ __ _. . . __. _.__.. . _.. ... ..
DIRECTOR APPROVAL:
Council
COMMITTEE RECOMMENDATION: I move to forward the proposed MOU to the May 21, 2013 Council consent
agenda for approval.
�
/ I � a /1 in_ : �A/l/''-� �����l�-� �.�(i�-��U �C..f �,��.v 7'VI �t X-l1Y► D
Cominittee Chair
Committee Member
Comr�Qttee Member
PROPOSED COUNCIL MOTION: "I mo�approval and acceptance of the MOU with WTSC to reimburse
FWPD for overtime worked by DRE Officers on Drug Cases, and atirthorize the Chief of Police, Brian Wilson to
sign such Agreement.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVEU COUNCIL BILL #
❑ DENIED 15T reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinunces only) ORDINANCE #
REVISED-08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: May 14, 2013
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: MOU for Drug Recognition Expert (DRE) Overtime
Proposal
The Federal Way Police Department has had Memorandum of Understanding's (MOU's) with
the Washington Traffic Safety Commission for Drug Recognition Expert (DRE) overtime
funding since 2004. We currently have three (3) certified DRE's
Reimbursement is provided for certified DRE's when they do an overtime callout for drug
evaluation, for shift extensions when a drug evaluation was begun on regular duty time and when
the DRE is subpoenaed to testify in court as a result of any of the above.
We are requesting that the MOU be accepted for July 1, 2013 through June 30, 2015.
MEMORANDUM OF UNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
621 8`h Ave SE; Suite 409, PO Box 40944, Olympia WA 98504-0944
THIS AGREEMENT is made and entered into by and between:
r �� z� s� � ��1 y �ot�ze��, ��� ��. t .�.�, � � e`i
(Agency Name)
Hereinafter referred to as "CONTRACTOR" and the WASHINGTON TRAFFIC SAFETY
COMMISSION, hereinafter referred to as "WTSC."
IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law enforcement
agencies who have certified Drug Recognition Experts (DRE) to conduct the following activities:
• Respond to radio calls when no other DRE is available on duty and requiring a response
in `overtime status' from list of registered DREs.
• Cover shift extension `overtime' when completing a drug evaluation or covering a
request for a DRE
Testifying in court as a result of performing drug evaluations due to these call outs and
shift extensions when overtime is required to testify. (Not responsible for overtime
generated from cases/arrests during normal employment or assignment)
On an overtime basis, participate in DRE sponsored emphasis patrols and allied agency
specifc DRE-related requests pre-approved by the DRE Program Coordinator between
July 1, 2013 through June 30, 2015.
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. All contractor DREs will be maintained and available for callout by Washington State Patrol
communications in their individual regions. WSP Communications has assigned a special
roster of DREs that assists in finding those that are available under these MOUs.
2. Contractor will provide a certified DRE on an "overtime" basis (not to exceed 1.5 times
normal salary and benefits) to perform drug evaluation activities as specified. No other
commissioned personnel will be funded.
3. The period of activity will begin on July l, 20l 3 and extend through June 30, 2015.
4. Drug evaluation performance standards for certified and funded DREs must meet the
standards of the International Association of Chiefs of Police.
5. DREs will maintain good standing with Drug Evaluation Classifcation Program; i.e.
paperwork, rolling logs, and resumes. (Contractor and DRE will be notified if DRE is not
eligible for availability and removed from WSP roster -30 day notice given.)
6. Contractor must submit the billings and supporting documents to the Drug Evaluation
Classification Program (DECP) at 811 E. Roanoke St., Seattie WA 98102-3915 for approval
and reimbursement not more than 30 days after the last day of the month in which the
overtime is worked. Contractor must ensure that reimbursement being requested is not for
on-duty time, but for call out and shift extension overtime only. Billings will include:
• Completed and signed invoice Voucher, A19-1A Form (attached). Please note that a
fax or electronic copy cannot be accepted. Your agency must be identified as the
��� .� � `° '� a, �,,����y �,s��,� �,
"Claimant" and Federal Tax ID # and an original signature of the agency head,
command officer or contracting officer must be provided on the A 19-1 A form.
• Payment documentation (overtime slips, payroll documents, etc.)
• DRE Request Form showing all pertinent information. If for court case, evidence it
came from a prior MOU overtime situation.
7. Disputes arising under this agreement shall be resolved by a panel consisting of one
representative of the WTSC, one representative from your agency and one representative
from the DECP. The dispute panel shall thereafter decide the dispute with the majority
prevailing.
8. Either party may terminate this agreement upon (30 days) written notice to the other party. In
the event of termination of this agreement, the terminating party shall be liable for the
performance rendered prior to the effective date of termination.
9. WTSC Termination — This project agreement may be terminated or fund payments
discontinued or reduced by WTSC at any time upon written notice to the Contractor due to
non-availability of funds, failure of the Contractor to accomplish any of the terms herein, or
from any change in the scope or timing of the project.
10. The Drug Evaluation Classifcation Program (DECP) will assist by monitoring and tracking
the available funds to ensure the availability of funds and report to WTSC as funding begins
to be depleted.
IN WITNESS WHEREOF, PARTIES HAVE EXECUTED THIS AGREEMENT.
APPROVED/DISAPPROVED
(Agency) (Date) Washington Traftic Safety Commission (Date)
Contracting Agent Title & NAME (print/type name)
(Signature)
Please return this signed form to:
Attention: Drug Evaluation Classification Program
Washington State Patrol
811 E Roanoke ST
Seattle WA 98102-3915
! �,", ";� . : t s
FORM .��" °�. STATE OF WASHINGTON AGENCY USE ONLY
A19-1A � INVOICE VOUCHER AGENCY NO LOCATION CODE P.R. OR AUTH. N0.
(Rev.3195) �'�`�»
AGENCY NAME
Ms. Shelly Baldwin
Washington Traffic Safety Commission
PO Box 49044
Olympia WA 98504-9044
VENDOR OR CLAIMANT (Warrant is to be
DATE
DESCRIPTION
INSTRUCT/ONS TO VENDOR OR CLAIMANT.• Submit this form to claim
payment for materials, merchandise or services. Show complete detail for
each item.
Vendor's Certificate. I hearby certify under penalty of perjury that the
items and totals listed herein are proper charges for material, merchandise
or services furnished to the State of Washington, and that all goods
furnished and/or services rendered have been provided without
discrimination because of age, sex, marital status, race, creed, color,
national origin, handicap, religion, or Vietnam era or disabled veterans
status.
BY
(SIGN IN INK)
(TITLE) (DATE)
)
QUANTITY UNIT UNIT PRICE �N�
This form must be sent FIRST to the DRE Program, 811
E Roanoke ST Seattle WA 98102 for a roval before
submission to the Traffic Safety Commission. This form
must be accom anied b a com lete DRE
Request Form and a copy of the overtime/shift
extension a roll document.
�REPARED BY TELEPHONE NUMBER DATE AGENCY APPROVAL
)OC. DATE PMT DUE DATE CURRENT DOC. N0. REF. DOC. N0. VENDOR NUMBER VENDOR MESSAGE
REF M MASTERINDEX SUB ORKCLAS COUNTY CITYROWN
DOC TRANS � FUND APPN PROGRAM S�B SUB �RC' BUDGET PROJECT SUB PROJ
SUF CODE p INDEX INDEX OJECT OJECT INDEX ALLOC UNIT �MOS PROJ PHAS
FOR AGENCY USE ONLY
USE
TAX
AMOUNT I INVOICE NUMBER
COUNCIL MEETING DATE: May 21, 2013 ITEM #:�
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: COUNCIL CONFIRMATION OF THE EXECUTIVE ASSISTANT TO THE CITY COUPiCIL AND
ADMINISTRATIVE SUPPORT TO COMMUNITY SERVICES
POLICY QUESTION: Should the City Council pursuant to Federal Way Revised Code 2.08.050 confirm the
Mayor's appointment for the Executive Assistant to the City Council and Administrative Support to Community
Services?
COMMITTEE: N/A
CATEGORY:
❑ Consent
'� City Council Business
❑ Ordinance
0 Resolution
MEETING DATE:
❑ Public Hearing
❑ Other
STAFF REPORT BY: Pat Richardson City Attorne DEPT• Law
_.._......._..........._....._...._.._..._......---- ............._........................_...._...._....._.._....................._�...._.._...._..............-----.........._Y..................._—______._...._...----_..._._....�.....�.�..------..._'......_._�._...___...__...----- ----......._.._....._�_.�__.
Attachment: Staff report
Options Considered: 1. Confirm the appointment of 3eri-Lynn Clark to the position of Executive
Assistant to the City Council and Administrative Support to Community Services.
2. Postpone Council's action untit the June 4th or 18`� City Counci{ meeNng.
3. Reject the appointment of Jeri-Lynn Clark to the position of Eaecutive
Assistant to the City Council and Administrative Support to Community
Services.
MAYOR'S RECOMMENDATION: Confirm the appointment of Jerri-Lynn Clark as the Executive Assistant to
the City Council and Administradve Support to Community Services.
MAYOR APPROVAL: _��12 ►� DIRECTOR APPROVAL:
Comm' Council
COMMITTEE RECOMMENDATION: N/A
Initial
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: `°I move approval of Option "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactroent reading
❑ MOVED TO SECOND READING (ordinances onlyJ ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
i
�� ��
, �
� � i
� �
CITY ATTORNEY'S OFFICE
MEMORANDUM
DATE: MAY 14, 2013
TO: COUNCIL MEMBERS
MAYOR PRIEST �
FROM: PAT RICHARDSON, CITY ATTORNEY
SUBJECT: CONFIRMATION PROCESS FOR THE EXECUTIVE ASSISTANT TO CITY COUNCIL
INTRODUCTION
The City learned that the position of Executive Assistant to Council would become vacant on
May 17, 2013. The vacancy was advertised internally because the position offers a promotional
opportunity for City Staff. On May 7, 2013, the interview committee consisting of Council
members Duclos and Honda, Community Services Manager, Jay Bennett, and City Attorney, Pat
Richardson, interviewed the applicants and made a recommendation to the Mayor.
BACKGROUND
In preparation for the change of government, the City Council created the Executive
Assistant to the City Council position and identified it as a position requiring Council
confirmation. Brook Lindquist had been serving at the Executive Assistant to the City Manager
and to the Council, and continued serving the Council when the Mayor was elected. However,
as part of the 2011 budgetary process the duties of the position were expanded to include
administrative support for Community Services.
Pursuant to Federal Way Revised Code the Mayor has appointed Jerri-Lynn Clark to the
position of Executive Assistant to the City Council and Administrative Support to Community
Services subject to Council's confirmation. "
PROCESS
Council was notified on May l Oth of the Mayor's appointment and have the opportunity to
personally meet Ms. Clark individually before the May 21 St City Council meeting. T'he Mayor
will present his appointment of Ms. Clark to Council under Council Business for proposed
action.
Pursuant to the Federal Way Revised Code the Council may take up to two regularly
scheduled council meetings to act. The Mayor's appointment is deemed confirmed if Council
fails to take an affirmative action within the time frame. Council's affirmative action would be in
the form of a motion confirming the appointment or rejecting the appointment.
K:�nemo�2013�5-21-13 staff report exec assist
COUNCIL MEETING DATE: May 21, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBdECT: School Zone Enhancements
ITEM #:�
POLICY QUESTION: Should City Council adopt a plan to enhance the visibility of school zones using Transportation
Safety funds?
COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: May 14, 2013
Coxnmittee
CATEGORY:
Consent ❑ Ordinance ❑ Public Hearing
� City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Rick Perez, P.E., Traffic Engineer DEPT: Public Works
Attachments: Parks, Recreation, Human Services, and Public Safety Committee memorandum dated May 14,
2013.
Options Considered:
1. Authorize staff to implement the first year of the proposed plan using Transportation Safety funds.
2. Do not authorize the proposed plan and provide direction to staff.
MAYOR RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 21, 2013 City Council
Consent Agenda for approval.
MAYOR APPROVAL:
Committ e
DIRECTOR APPROVAL: G� /�7 \
Committee
— J
COMMITTEE RECOMMENDATION: Forward Option lvto the May 21, 2013 City Council lve�s�-Agenda for
approval. �SIncS�
Chair
PROPOSED COUNCIL MOTION: "I
using Transportation Safety funds. "
'�V�-�__-�� ��
Committee N�
Member
approval of the first year of the proposal to enhance school zone visibility
(BELOW TO BE COMPLETED BY C/TY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
K:\COt1NCIL�AGDBILLS�2013\OS-21-13 School Zone Enhancements.docx
CITY OF FEDERAL WAY
MEMORANDUM
DATE: January 11, 2011
TO: Parks, Recreation, Human Services & Public Safety Committee
VIA: Skip Priest, Mayor
FROM• �ck Perez, P.E., City Traffic Engineer
' Cary M. Roe, P.E., Director of Parks, Public Works and Emergency ManagementC� .
SUBJECT: School Zone Enhancements
BACKGROUND:
Based on a meeting with the Mayor, Police, and Public Works to address concerns about school zone
safety, this proposal is a prioritized plan for implementing on a school-by-school basis the following
elements at a rough cost of $200,000 per year:
l. Option 1 to increase sign sizes
2. Option 4 to provide advance school speed limit signs
3. Option 5 to provide variable speed limit signs between the school zone flasher and the speed
detection zone.
The costs associated with each option have been refined based on site visits and confirmation of assumed
costs with King County staff.
O�tions
All costs provided are planning level estixnates, not site-specific design estimates. Construction costs
assume County staff procurement and installation, and if contracted separately, may be higher, and
construction management costs would definitely be higher.
Option 1: The federal Manual on Uniform Traffic Control Devices (MiJTCD) allows the use of larger
signs to enhance visibility. Current practice is to use the smallest sign allowed in order to minimize
visual blight. Note that the 2009 MUTCD increased the minimum sign size for multi-lane roadways.
Cost is estimated at about $100 per sign. However, in the case of school zone flashers, the associated
signs would require relocation of the upper flasher unit or complete replacement of the post, and this is
estimated at $3000 each. The size of the largest signs may trigger complaints about being out of scale on
local residential streets. For example, the "SCHOOL SPEED LIMIT 20 WHEN FLASHING" signs
would increase from 24 x 48 inches to 36 x 72 inches (8 to 18 square feet in size).
July 18, 2005
Land Use and Transportation Committee
South 320th Street at lst Avenue South Intersection Improvements Project - 30% Design Status Report
Page 2
Option 4: Provide advance school speed limit signing. This option would install a SCHOOL SPEED
LIMIT 20 AHEAD sign. The MUTCD already recommends this for school zones where the speed limit
is 35 mph or greater. _
Option 5: Provide variable speed limit signing. This option would install an additional speed limit sign
downstream from the school speed limit sign and have digital readouts displaying the current speed limit:
20 when the school zone is in effect or the default speed of the roadway. These units may be solar-
powered, but communications need to be provided between the flasher's clock and the units. The units
themselves are about $15,000 each, plus $3,000 if comxnunications or power needs to be provided.
Annual maintenance cost is currently about $500 each. Assumed life of the units would be 10 years.
Retrofits
In addition to the upgrades, the costs proposed include improvements that would bring all school zones to
a common standard and address known problems. These include:
Upgrading pedestrian crossings equipped with pedestrian-actuated flashing beacons to
Rectangular Rapid Flashing Beacons, which studies have shown would more than double driver
yielding. These would be installed on multi-lane crossings serving Saghalie Middle School on
21S` Avenue SW and on SW Campus Drive.
Removing redundant school zone flashers on Hoyt Road SW between SW 326`h Street and SW
329`h Way.
July 18, 2005
Land Use and Transportation Committee
South 320th Street at lst Avenue South Intersection Improvements Project - 30% Design Status Report
Page 3
• Installing school zone flashers at schools that do not currently have them: Adelaide Elementary
School, Wildwood Elementary School, and Sacajawea Middle School.
• Installing an additional school zone flasher on 13'�' Avenue SW approaching Lakota Middle
School.
• Relocation of an existing school zone flasher currently installed in a location not conforming to
state law with respect to spacing from the school crosswalk, on S Star Lake Road eastbound
approaching Mark Twain Elementary School.
Prioritization
The schools were prioritized for improvements based on the following:
• 85�' percentile speed in the highest speed school zone for a given school. Where speed data isn't
available, 3 mph over the posted speed limit was assumed, given that this was the average
difference between 85`�' percentile speed and posted speed for the known school zone speeds.
• 2010 Average Daily Traffic in the highest volume school zone for a given school.
• Number of reported collisions in the last three years (2009-11) within the school zone.
• The number of traffic lanes crossed in the widest school crosswalk within the school zone.
• The level of protection already at each school zone:
o Traffic Signal: 2 points
o Rectangular Rapid Flashing Beacon: 3 points
o School zone flasher: 4 points
o Signage only: 5 points
o Crossing guards provided: -1 point
Each of these criteria was scored on a 0-5 sliding scale and no weighting was applied to any criteria.
Costs
Attached is a spreadsheet that outlines the construction costs for each school to implement the proposed
options. The total estimated cost is $1,071,000. Based on the prioritization, a 5-year implementation plan
is outlined with annual construction costs ranging from $152,000 to $224,000. The additional equipment
would increase annualized operating and maintenance expenses by $34,800 and replacement reserves of
$84,000 annually.
Fundin�
The proposed funding source for these improvements would be the Transportation Safety Fund containing
revenues from photo enforcement.
Staff proposes to implement only the first year of the plan and evaluate the remainder of the plan as part
of the budget process.
Attachment: Prioritization and Cost Spreadsheet
cc: Project File
Day File
COUNCIL MEETING DATE: May 21, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: AMERICAN TRAFFIC SOLUTIONS (ATS) CONTRACT
POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department approve the Fourth
Change Order to Professional Services Agreement for Traff'ic Safety Camera System(ATS Contract), renewing
this agreement for a term effective June 17, 2013 through December 31, 2014?
�COMMITTEE: PRHSPS
CATEGORY:
Consent
� City Council Business
STAFF REPORT BY: Lt. Jim Nelson
MEETING DATE: May 14, 2013
❑ Ordinance ❑ Pubfic Hearing
❑ Resolution ❑ Other
DEPT: Police
Attachments:
1. PRHSPS Committee Memo
2. ATS Contract —(Fourth Change Order)
3. Collision / Violation Data
Options Considered:
1. Approve Contract
2. Reject Contract
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL:
DIItECTOR APPROVaL:
���
COMMITTEE RECOMMENDAT[ON: I move to forward the proposed change order to the ATS Agreement to the
May 21, 2013 •seaasc� agenda for approval.
r �`�-S _.� .
/�/� � ` /� I�" �(
Committee Chair Committee Member Com ttee Member
PROPOSED COUNCIL MOTION: `7 mo{e g�proval of the proposed amendment to the ATS Agreement, effective
June 17, 2013 through December 31, 2� and authorize the Mayor to sign said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED isr reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: May 14, 2013
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: American Traffic Solutions (ATS) Contract Renewal - Fourth Change Order
Background
The City of Federal Way has maintained a Traffic Safety Camera System Agreement with American
Traffic Solutions (ATS) since March 28, 2008. There have been three Change Orders to this
Agreement since its inception, with the current agreement (Third Change Order) to expire June 17,
2013.
There are currently 14 traffic safety cameras in use throughout the City of Federal Way.. Eight
cameras are dedicated to Red Light Photo Enforcement (RLPE) at three of our city's key
intersections:
• S. 312 ST. / Pacific HY. S.
• S. 320 ST. / Pacific HY. S.
• S. 348 ST. / Enchanted PKWY. S.
The remaining six cameras are dedicated to school zone speed enforcement at three of our public
schools:
• Panther Lake Elementary (34424 lst AV. S.)
• Twin Lakes Elementary (4400 SW 320 ST.)
�• Saghalie Middle School (33914 19 AV. SW)
The goal of this Traffic Safety Camera System is to promote traffic safety throughout the city.
Speciiically, our aim for RLPE was to reduce collisions at these heavy volume intersections.
Further, some of these same intersections were plagued by blocking vehicles (motorists entering the
intersection late, stopping in the middle of the intersection due to traffic and obstructing cross-
traffic).
The RLPE program has provided significant benefit because collisions at these intersections have
been reduced. Beyond this, the previous problem with vehicles blocking cross-traffic is now non-
existent.
1
The School Zone Speed Location cameras are in place to ensure the safety of our school children,
providing a constant deterrent to speeding motorists during active school zone hours.
Proposal
That the City Of Federal Way renew the Professional Services Agreement (Fourth Change
Order):
• The Fourth Change Order will be effective June 17, 2013 through December 31, 2014.
• 14 Cameras will remain in place at the same (above mentioned) locations.
• The monthly service fees from Federal Way paid to ATS will not increase.
• Includes a public awareness safety campaign at no additional cost to the City.
• Refer to attached proposed agreement for specifics.
2
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FOURTH CHANGE ORDER
TO
PROFESSIONAL SERVICES AGREEMENT
FOR
TRAFFIC SAFETY
This Fourth Change Order {"Change Order") is made between the City of Federal Way, a Washington municipaI
corporation ("City"), and American Traffic Solutions, Inc., an Arizona corporation ("Consultant"). The City and
Consultant (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the
original Professional Services Agreement ("Agreement") dated effective August 15, 2008, as amended by the first,
second and third change orders, as follows:
1. AMENDED TERM. The term of the Agreement, as referenced by Section 3 of the Agreement and any prior
change orders thereto, shall be amended and shall continue until the completion of the Services, but in any event no
later than December 3 I, 2014 ("Amended Term").
2. AMENDED SERVICES. The Services or Work, as described in Exhibit A and as referenced by Section 1
of the Agreement, shall be amended to include, in addition to work and terms required under the original Agreement
and any prior change orders thereto, those additional services described in E�ibit A-1 attached hereto and
incorporated by this reference {"Additional Services").
3. AMENDED FEE SCHEDULE. The Service Fee Schedule as described in Schedule 1 and as referenced by
Exhibit A of the Agreement, shall be amended to incorporate the fee scheduie as outlined in Schedule 1-1 attached
hereto and incorporated by this reference ("Amended Fee Schedule").
4. AMENDED NOTICE PROVISIONS. The City's Authorized City Representative as referenced on page 1
of the Agreement shall be amended to "Mayor Skip Priest or Designee." The City's project manager as referenced
in Section 1.3 of the Agreement shall be amended to "Traffic Lieutenant." The City's contact person for requests for
payment as referenced in Section 4.2 of the Agreement shall be amended to "Traffic Lieutenant." Section 26.1
regarding notices to Federal Way shall be amended as follows:
Notices to the City of Federal Way shall be sent to the following address:
Mayor's Office
City of Federal Way
33325 8�` Ave S
Federal Way, WA 98003
5. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Change Order, shall remain in full force and effect. Any and all acts done
by either Party consistent with the authority of the Agreement, together with any prior change orders thereto, after
the previous expiration date and prior to the effective date of this Change Order, is hereby ratified as having been
performed under the Agreement, as modified by any prior change orders, as it existed prior to this Change Order.
The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this
Change Order, which is binding on the parties of this contract.
FOURTH CHANGE ORDER - l- 1/2010
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IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
:
Skip Priest, Mayor
DATE:
AMERICAN TRAFFIC SOLUTIONS, INC.
:
Printed Name:
Title:
DATE:
STATE OF )
) ss.
COUNTY OF )
ATTEST:
City Clerk, Carol McNeilly, CM�
APPROVED AS TO FORM:
City Attorney, Patricia A RichaYdson
On this day personally appeared before me , to me known to be the
of American Traffic Solutions, Inc. that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the
seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of
FOURTH CHANGE ORDER
2013.
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
-2-
1l2010
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EXHIBIT A-1
ADDITIONAL SERVICES
The Consultant shall do or provide the following in addition to services as outlined in the Agreement and in any
previous Change Orders:
PUBLIC AWARENESS SAFETY PROGRAM
In an effort to further improve traffic and school zone safety through driver education and awareness, the Consultant
agrees to work with the City to produce a public awareness campaign that will emphasize and enhance safety
awareness issues, emphasize tr�c laws at eritical safety locations, increase awareness of locations utilizing red
light photo cameras and school zone cameras, highlight the safety improvements and changes in driver behavior that
have occurred to date with the Traffic Safety Photo Enforcement program, and increase awareness of work being
done to further reduce violations, including the new school zone program enhancements. The public awareness
safety campaign will contain the following elements:
l. Enhanced Web presence on city website with specific branded URL and logo to be approved by the City.
Possible pages include the following:
a. About Traffic safety camera program
b. FAQ
c. Location of cameras ancl school zone cameras
d. Safety results
e. Video (10-20 close calls examples from non-Washington jurisdictions only unless state law is
changed , How the system works, PSA videos on traffic safety and school zones)
f. Links to payment/violation page
2. Design and content for a school zone safety flyer to be mailed, or otherwise made available, by the City in
the fall and posted to website
3. Email/Social media outreach for fall back-to-school message and spring tr�c safety message
4. PSA Video (focused on school zone safety)
a. Filmed & produced by professional
b. Distribute as PSA
c. Post to FWTV, YouTube, Social media
PSA Video (focused on intersection safety)
a. Filmed & produced by professional
b. Distribute as PSA
c. Post to FWTV, YouTube, Social media
6. Design and content for a Spring flyer to be mailed, or otherwise made available, by the City with detailed
results of program (reduced crashes, violation trends, etc, upgrades made to system)
FOURTH CHANGE ORDER - 3- 1l2010
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SCHEDULE 1-1
AMENDED SERVICE FEE SC�IEDULE
Monthiy Service Fee per Intersection Approach
Red Light Camera (RLC) Cast Element Monthly fee
Red Light Camera Enforcement SoluNon $4,750
Axsis RLC-300 Red Light Camera System, Axsis LIVE digital video system for monitoring
1 direction of travel, monitoring rear images up to 41anes, image processing, data entry, in
and out of state registered owner acquisition, final quality control review, access to web-
based Axsis VPS for Police Review, lst notice printing in color, postage and mailing,
lockbox and E-payment payment processing services, electronic notice file transmission to
court system or use of ATS court system module, evidence packages for scheduled hearings.
Speed Programs
Fixed Site Speed Camera for School Zone Enforcement $4,750
Fee includes a 4-lane site and up to 1,200 issued citations per month per camera
$5.00 per citation over 1,200 per month per camera to cover overage service & mailing
Optional Services
Mobile Speed Camera for School Zone Enforcement (city staffed) $7,500
Fee includes up to 800 issued citations per month per camera
Handling court payment, processing and accounting through lock box service with US Bank $1.50 per paid
violation
Axsis E-payment Portal for Web-based payments — online access convenience fee charged to Charged to User
user.
SecurID TwaFactor Security Option
Implementation Fee $2,000
User fee per user per month includes software licensing, support and SecurID $20
Replacement SecurID Fob $204
FOURTH CHANGE ORDER - 4- 1/2010
COUNCIL MEETING DATE: May 21, 2012
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH FEDERAL WAY COALITION OF THE PERFORMING
ARTS
POLICY QUESTION: Should the City Council approve the proposed Memorandum of Understanding (MOZ� with
the Federad Way Coalition of the Performing Arts to collaborate on the capital campaign associated with the
proposed Performing Arts and Conference Center and authorize the Mayor to execute the MOU?
COMMITTEE: N/A
CATEGORY:
❑ Consent
❑ Ordinance
� City Council Business ❑ Resolution
STAFF REPORT BY: Patrick Doherty, Director
..r..__.._. _,..�..__.._.......�..�_.._..._—..._....._. _____.__._..._.._.._._.__......__._._..�.�._..._._.—
Attachments: Proposed Memorandum of Understanding
Background:
MEETING DATE: N/A
❑ Public Hearing
❑ Other
DEP'�': Community & Economic Dev.
In parallel with the schematic design development work and pro forma analysis for the proposed Performing Arts
and Conference Center, funding for which was approved by City Council at its 3/19/13 meeting, City staff and
members of the nonprofit Federal Way Coalition af the Performing Arts (FWCPA) have begun work on the
capital campaign to raise funds towards construction of the project. While the nonprofit FWCPA is the
appropriate entity to seek grants and other contributions which are normally and customarily sought by nonprofit
organizations, the City has expertise in financial management and other technical and logistical elements that can
assist the effort. The attached proposed Memorandum of Understanding (MOLn spells out the responsibilities of
the City and the FWCPA in this joint collaboration.
Options:
1. Approve the Memorandum of Understanding (MOL� with the Federal Way Coalition of the Performing
Arts to collaborate on the capital campaign associated with the proposed PerForming Arts and Conference
Center and authorize the Mayor to execute the MOU.
2. Provide other direction to Mayor and staff.
MAYOR'S RECOMMENDATION: Opdon 1.
MAYOR APPROVAL: ___��� �/�� DIRECTOR APPROVAL:
o ttee Co
COMMITTEE RECOMMENDATION: N/A
PROPOSED COUNCIL MOTION: "I move to approve the Memorandum of Understanding (MOU) with the
Federal Way Coalition of the Performing Arts to collaborate on the capital campaign associated with the
proposed Performing Arts and Conference Center and authorize the Mayor to execute the MOU."
(BELOW TO BE COMPLETED BY CITYCLERXS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DEHIED 1ST �d�o8
❑ TABLED/DEFERRED/NO ACI'ION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
�
Memorandum of Understanding
Between City of Federal Way and
Federal Way Coalition of the Performing Arts
Capital Fund-Raising Campaign
For the Performing Arts and Conference Center
2013 - 2014
This Memorandum of Understanding ("MOU") defines the respective responsibilities of the City
of Federal Way ("City") and the Federal Way Coalition of the Perfoxrning Arts ("FWCPA") in
connection with the 2013 -2014 fundraising campaign for the Performing Arts and Conference
Center.
Recitals
A. On March 19, 2013, the Federal Way City Council approved funding for schematic
design development for the Performing Arts and Conference Center ("PACC").
B. The Capital Fundraising Campaign (hereinafter referred to as the "Campaign") is
divided into three parts:
1. Naming Rights funds for the overall venue; for the auditorium/theater; and for
the conference center.
2. Pursuit of grant monies;
3. All other capital fundraising activities called the "Loca1 Capital Campaign."
C. The FWCPA and the City will jointly manage the process of securing naming-rights
funding.
D. The FWCPA will serve as managers of the grant-seeking process and Loca1 Capital
Campaign.
E. The City will provide staff, and resources as outlined in this MOU.
Now, therefore, the parties agree as follows:
1. Citv Resaonsibilities. The City agrees as follows:
o The City shall provide a specific account for receipt of the fundraising monies
and will administer the financial accounting of the account.
o The City will assist the FWCPA in securing grants by p�oviding assistance,
which includes but is not limited to, gathering, creating or editing
documentation, and/or providing technical support.
o The City will collaborate with FWCPA on production of written information
for all Campaign promotional materials.
o The City will collaborate with FWCPA on seeking naming-rights funding.
o The City agrees to indemnify, defend and hold the FWCPA, its officers,
directors, partners, employees, and agents harmless from any and all claims,
demands, losses, actions and liabilities (including costs and attorney fees) to
or by any and all persons or entities, including without limitation, their
respective agents, licensees, or representatives, arising from, resulting from or
connected with this MOU to the extent solely caused by the negligent acts,
errors, or omissions of the Ciry, its employees or agents.
2. FWCPA Resnonsibilities. The FWCPA agrees as follows:
o Research, write and submit grant applications.
o Manage the Local Capital Campaign, its committees and volunteers.
o Submit a11 funds collected from the Campaign to the City to be placed in the
specific account as referenced in Section 1 above.
o Collaborate with City on production of written information for a11 Campaign
promotional materials.
o The FWCPA will collabora.te with City on seeking naming-rights funding.
o Provide drafts of all promotional materials to be utilized in the Campaign for
City staff review and approval before distribution.
o Provide Campaign donor financial and demographic records to the City on a
monthly basis.
o The FWCPA agrees to ind�mnify and hold the City, its elected officials,
officers, employees, agents and volunteers harmless from any and a11 claims,
demands, losses, actions and liabilities (including costs and attorney fees) to
or by any and a11 persons or entities, including without limitation, their
respective agents, licensees, or representatives, arising from, resulting from, or
connected with this MOU.
3. This MOU contains the obligations of both parties for the PACC Capital Fundraising
Campaign and may not be changed or modified except by written agreement by both
parties.
Effective this _ day of
CITY OF FEDERAL WAY
Skip Priest, Mayor
Date:
2013.
ATTEST:
City Clerk, Carol McNeilly, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FEDERAL WAY COALITION OF THE PERFORMING ARTS
,�. _ �T- �—'
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Printed`�Name: �.%►�n ! , /- � ����
Title: �s'�e�'J %�
DATE: �A��7tQ-,L�'
STATE OF WASHINGTON )
) ss.
COUNTY OF
�n this day ersonally appeared before me to to be the
('����- of ,1J17 � at ecuted the
foregoing instrument, and acknowledged the said instrument to be the free an luntary act and deed
of said corpora.rion, for the uses and purposes therein mentioned, and on oath stated that he/she was
authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said
corporation.
GIVEN my
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seal this 1� day of 24� .
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� My commission expires 12 - 2'1 • 1�;p
COLTNCIL MEETING DATE: May 21, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: �
SUB.IECT: Storming the Sound with Salmon Grant — Authorization to Accept Additional Funds
POLICY QUESTION: Should the Council accept an additional $73,900 from DOE for the expansion, improvement
and completion of the Storming the Sound with Salmon Grant and approve an amendment to the Inter-Local
Agreement (ILA) with Federal Way Public Schools, adding and additional $6,000 to pay for additional staff time?
COMMITTEE: N/A
CATEGORY:
❑ Consent
❑ Ordinance
MEETING DATE: May 21, 2013
❑ Public Hearing
� City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: William A leton, P.E., Surface Water Manager DEPT: Public Works
PP........................................................................... . . ................................................... ................................------...........____................
Attachments: Memorandum to Council dated May 21, 2013
DOE amendment to the 2012 GROSS Grant Award
Amendment to the ILA with FWPS
Options Considered:
1 Authorize the mayor to accept an additional $73,900 from DOE for the expansion, improvement and
completion of the Storming the Sound with Salmon Grant and approve the amendment to the ILA with the
Federal Way Public Schools adding and additional $6,000 to pay for additional staff time.
2. Do not accept the additional funding.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 16, 2013 City Council
Consent Agenda for approval.
MAYOR APPROVAL:
Cottunittee Co 1
COMMITTEE RECOMMENDATION: N/A
DIRECTOR APPROVAL:
Initials
Bob Celski, Chair Jeanne Burbidge, Member Diana Noble-Gulliford, Member
PROPOSED COUNCIL MOTION: "I move to authorize the mayor to accept an additional $73,900 from DOE for
the expansion, improvement and completion of the Storming the Sound with Salmon Grant and approve an
amendment to the ILA with the Federal Way Public Schools adding and additional $6,000 to pay for additional
staff time. "
(BELOW TO BE COMPLETED BY ClTY CLERKS OFFlCE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED isT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances on[y) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 21, 2013
TO: City Council
VIA: Skip Priest, Mayor
FROM• Cary M. Roe, P.E., Director of Parks, Public Works and ergency Management C%��
' William Appleton, P.E., Surface Water Manager
SUBJECT: 2012 Municipal Stormwater Grant of Regional Significance (GROSS) Grant Acceptance
BACIfGROUND•
On March 20, 2012, Council authorized Surface Water Management Staff to accept the 2012 GROSS grant from
the Department of Ecology (DOE) for development and implementation of a regional program called Storming
the Sound with Salmon that will improve stormwater education and awareness among elementary students. The
program is designed to allow Phase I and II NPDES jurisdictions to meet expanded education and outreach
requirements proposed in the draft permit scheduled to go into effect in 2013.
To date, City staff and Federal Way School District staff have developed and implemented the pilot program in
13 schools within the Federal Way School District and response to the program has been extremely positive,
with as many as 17 additional schools within the District wanting to implement the program next year.
Recently DOE identified unutilized funding within the 2012 Gross grant program, and at their request staff
identified how extra funding could be used to expand and improve the Storming the Sound with Salmon program
as shown in the following table:
Program Element Justification Additional
Funding Requested
"Holding Tank" at District Used for emergencies and holding tank for $2500
Science Center pre-release of fish
Improvements for Current Tanks Automatic feeders, tank lighting, habitat $3600
(13 tanks) features
Unplanned expenses for Salmon Canopies, transportation, supplies, staffmg $2800
Release Event
Publishing & Printing Hire our publishing of the curriculum $10,000
documents for a more professional product
Display kit & Curriculum for expansion of
Up to 15 additional display kits $45,000
FW program and/or partnering jurisdictions
City of Federal Way Staff Time Additional staff time required to complete $4000
lessons learned, assembly of the final product
FWPS Staff Time Additional staff time required to complete $6000
lessons learned, assembly of the final product
Total Funding Requested $73,900
2012 Municipal Stormwater Grant Acceptance
May 21, 2013
Page 2
Following review of this submittal and acknowledgement that the project to date has been extremely successful,
DOE has recommended that the additional funding be provided to the program. There are no matching
requirements and all funds will need to be expended by June 30, 2013; the amendment from DOE is attached.
Staff recommends accepting the additional funds and believes the full expenditure and completion of the
program is an achievable goal. The additional funds being provided will support the City's and School Districts
leadership role in this program, ensuring a quality product and providing a great opportunity to expand the
program regionally, which is the intent of the GROSS grants.
'
DEPARTMENT OF
Eco�ocY
State of Washington
AMENDMENT NO. 1
TO GRANT AGREEMENT NO. G1
BETWEEN THE
STATE OF WASHINGTON DEPARTMEN7
AND
;,,. �
THE CITY OF FEDER��'�TA
PURPOSE: To amend the above-referenced grant,��e�
Ecology [DEPARTMENT] and the City of Feder� ��
Sound with Salmon" Project. This amendment is need'�
and 5 and increase the budget by $51,100 for Task 2 and
IT IS MUTUALLY AGREED that the
1
r�
Tasks 2B and 2C are added:
B. The RECIPIEI�J�' ;�� cc
used for eme�genci�:�
C. The REC��`�IT will c�
,
The Required Perfi���c�?
1. ��6��,�t+�i�;� will i�5��d,
�, � �. lighting,
• � ��" �ri-fold
� �e�111a1
. Disrs��u
is
veen the Dep
�NT] for the
;h� scope of �
for Task 5.
e�iiing the
for Tasks 2
struct a`lii���ng tank'� a�� ��e District Science Center to be
t�
as a holdin�;tank for pre-release of fish.
�te up to 15 ac�ditional display kits for use in other schools.
��� Task 2�are changed to read as follows:
,.; . ,
but no� � �imited to:
t�sociated equipment (including automatic feeders, tank
ta� �'��tures�. F
, ,.
�ay(�-���nd ligh�ing or equivalent display system.
natei���s and handouts.
i and ��ables. (Displays will be located to maximize exposure to both
visi�rs.)
• An emerg�� �iiolding tank.'
• Up to 15 ac�itional display kits.
3. Tasks SB, SC, and SD are added:
B. The RECIPIENT will provide canopies, transportation, supplies, and staff for
community release events.
C. The RECIPIENT will professionally publish and organize the curriculum materials to
facilitate distribution to participating schools.
D. The RECIPIENT will compile `lessons learned' and assemble the final curriculum
materials.
City of Federal Way
Storming the Sound with Salmon
Page 2
4. The project budget is modified as follows:
Storming the Sound with Salmon
TASKS/OBJECTS
1 - Project Administration/Management
2 — Educational Display Development
3— Development of curriculum and assessment materials
4— Agency coordination of Salmon rearing and release
5— Program rollout and evaluation
:. ��
*The DEPARTMENT's Fiscal Office will tracl�;pi�'�the
MATCHING REQUIREMENTS
DEPARTMENT Share: maximum 100 % of TEC
FURTHER, this amendment shall be
the agreement.
Except as expressly provide�3. b�y this
grant agreement and all ��i��s
, s%;
IN WITNESS WHE���?F the p�i
STATE Q� �`�7�i���
DEPA4�.`i'MENT OF
KELLY SUSEWY�I
WATER QUALITY
*ORIGINAL
TOTAL
ELIGIBLE
COST (TEC
.: "`� 1.686
$18,402
'<:�6.555
�ta�'' $'
Tot�l Eligible
iary 22, 201
*AMENDED
TOTAL
ELIGIBLE
COST (TEC)
$1,686
$56,189
$18,402
$6,555
$64,129
$146,961
I $146,961
effective date of
amendme�rt, �Y other ���'and conditions of the original
remain in �.i11 force anc�'effect.
�s have sime� �� amendment.
CITY OF FEDERAL WAY
G. DATE SKIP PRIEST
�M MANAGER MAYOR
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
(Revised OS/OS/09)
DATE
AMENDMENT ONE
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND
FEDERAI. WAY SCHOOL DISTRICT NO. 210
TO FACII.TATE DOE GRANT #G1200461
This Amendment to the Interlocal Agreement ("Agreement") dated 30 June 2012, is made and entered into this
day of 2013, between the City of Federal Way, a Washington municipal corporation ("City"),
and the Federal Way School District No. 210 ("School District" or "District") for the Storming the Sound with
Salmon Grant. The City and the School District (together "Parties") are located and do business at the below
addresses which shall be valid for any notice required under this Agreement:
SCHOOL DISTRICT:
Robert Neu
Superintendent
33330 8`" Ave S.
Federal Way, WA 98003
(253) 945-2010
Rob-New(�a,fwns.ore
CITY OF FEDERAL WAY:
William Appleton
Surface Water Manager
33325 8`" Ave. S.
Federal Way, WA 98003
(253) 835-2750
.com
WHEREAS Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes the City and the School District to enter
into interlocal agreements for joint or cooperative action;
WHEREAS the City and the School District have entered into an interlocal agreement (AG 12-153) to partner on the
"Storming the Sound with Salmon" Grant, awarded to the City by the Washington State Department of Ecology;
WHEREAS the Department of Ecology has increased the amount of funding assigned to the "Stortning the Sound
with Salmon" project to expand and enhance the final product;
NOW, THEREFORE, the Parties agree to the following amendxnent to the terms and conditions of the subject
interlocal agreement:
1. Amended Compensation. Section 3.1.0 is amended that the City will reimburse the District with Grant
proceeds up to $26,387.50 for personnel costs.
All other terms and provisions of the Agreement not modified by this Amendment shall remain in full force and
effect.
IN WITNESS WHEREOF, the above and foregoing Agreement has been executed by the parties hereto and
made effective on the day and year first above written:
CITY OF FEDERAL WAY
FEDERAL WAY SCHOOL DISTRICT NO. 210
Skip Priest, Mayor Robert Neu, Superintendant
Attest:
Carol McNeilly, CMC, City Clerk
Approved as to Form:
Approved as to Form:
Patricia A. Richardson, City Attorney School District
COUNCIL MEETING DATE: May 21, 2013
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: ADOPTION OF CONSTRUCTION CODES
POLICY QUESTION: Should the City of FederaI Way amend the Federal Way Revised Code (FWRC� Title 13,
"Building," to adopt the state mandated adoption of the International Construction Codes, the L/niform
Plumbing Code, the National Electrical Code, and other building construction regulations as amended by the
State Building Code Council and the City of Federal Way?
COMMITTEE: Land Use/Transportation Committee
CATECORY:
❑ Consent
❑ City Council Business
�a
■
Ordinance
Resolution
MEETING DATE: May 6, 2013
❑ Public Hearing
❑ Other
STAFF REPORT BY: Building Official Martl�a Gillis, CBO D�r'['.: Community & Economic Development
Attachments: Draft Adoption Ordinance
Backgroand: The proposed ordinance is needed in order to allow the city to amend and adopt the current state
mandated International Construction Codes, the I�niform Plumbing Code, the National Electrical Code, and other
building construction regulations pursuant to RCW 19.27, 19.27-A, and 19.28. These codes are adopted by the
state as amended on a three year cycle. As a jurisdiction within the state, the City of Federal Way is required to
enforce these codes as adopted by the state: In addition, the city may further amend, as needed, to provide
consistent enforcement.
Since incorporation, Title 13 has provided local adoption of construction related codes adopted by the state. Over
time, changes in the codes adopted have caused a need to restructure and renumber Title 13; therefore, a new
format has been created including the addition of chapters.
The construction codes enforced by the city fall into two categories: "State Mandated Codes," and "I,ocal Codes"
adopted by a jurisdiction. State Mandated Codes are required to be enforced at the city and county level pursuant to
RCW 19.17 19.27-A, and 19.28. Cities adopt at the local level in order to reconcile these code with other regulatory
requirements and align with established fees resolutions. Local Codes are permissible and needed in order to
provide enforcement for local building requirements where obligatory codes do not provide regulations.
State Mandated Codes adopted by Federal Way include:
Building Code — Inlernational Building Code (IBC) as amended by Washington State:
• Changes to structural design methods have been included;
• Existing building requirements have been added to the body of the code;
• High rise stairway illumination has been revised to add tread illumination;
• Sprinkler standards have been modified; and
• Definitions have been compiled and ineluded in Chapter 2.
Residentiat Code — International Residential Code (IRC) as amended by Washington State:
� Indoor air quality provisions have been added;
� Changes to structural design methods have been included; and
• An optional appendix requiring sprinkler system installation in all new single family dwellings has been
provided by the state. This provision is not mandatory and is not proposed for adoption by Federal Way.
Mechanical Code — InternationallYiechanical Code (IMC) as amended by Washington State:
� Indoor air quality provisions have been added; and
• Fuel gas codes have been included regulating natural gas and propane.
Fire Code — International Fire Code (IFC) as amended by Washington State:
• Section 605, solar panei instaliations; has been deleted by the state in order to provide an ad-hoc study by
fire code officials and solar installers for potential future code provisions.
Plumbing Code — Uniform Plumbing Code (UBC) as amended by Washington State:
• Water conservation standards have been revised.
Electrical Code — National Electric Code (NEC) as amended by Washington State:
• No change is proposed at this time. _.
Energ,y Code —International Energy Conservation Code, as amended by Washington State (AKA Washington
State Energy Code):
• The energy code has been revised in its entirety in order to move to a model code format and include
incrementa.l increases to energy saving standards: such as increased R-values, higher performance
standards for mechanical equipment, and improved performance in fenestration.
• A fortnatting change occurred resulting in two regulations under RCW19.27-A: WAC 51-11R, and 51-11C.
Factory Assembled Structures — Washington State Standard for the installation of Factory Assembled Structures:
• The City of Federal Way has created:a new Title 13 Chapter to reference the locai enforcement regulating
foundations and installation of mobile homes, manufactured homes and modular buildings.
Local Codes adopted by Federa.l Way inciude;
Swimming Pools — Hot Tubs — Spas:
• T'hese regularions were drafted to regulate swimming pools and provide for fencing. They are not being
amended at this time.
Property Maintenance Code: �
• These regulations were drafted to regulate existing buildings and provide regulations for weeds, tall grass,
overcrowding of buildings, and deferred maintenance. They are not being amended at this time.
Options Considered: 1) Adopt the proposed�adoption ordinance; 2) Provide further direction to city staff.
MAYOR'S RECOMMENDATION: Option # 1
MAYOR APPROVAL: _����hm�e <�/1���� DIRECTOR APPROVAL:
Co Co il
COMMITTEE RECOMMENDATION: I move to forward Option #1 to City Council for First Reading on May 21, 2013.
�
�%�� � ` R��G�� /��c?�
Bob Celski, Chair i Jeanne Burbid�e. Me r Diana Noble-Gnlliford, Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (5/21/13): "I move to forward approval of the ordinance to the June 4, 2013, City
Council meeting for adoption. " �
2ND 1tEADnvG oF 01t�I�vnNCE (6I4/13): "I move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BYCITYCLERKS OFFICE)
COUNCIL ACTION: /�
❑ APPROVED COUNCIL BQ.L # �D/��
❑ . DENIED ln reading
❑ TABLEDIDEFERRED/NO ACTION Enactment readin�
❑ MOVED TO SECOND READING (ordinances onlyf ;� <'.. ORDINANCE #
REVLSED - 08/12/2010 RESOLUI'[ON #
: i ,,,
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
the adoption of the Washington State Building Code and related
matters; amending Title 13, "Buildings". (Amending Ordinance Nos.10-
665; 09-630, 09-597, 09-595, 09-594,19-953, 09-590, 07-563, 04-4b5, Ol-
402, O1-389, 99-342, 98-320, 95-234, 95-232, 93-198, 92-143, 92-127, 90-
56, 90-49, 90-48, 90-34, 90-33)
WHEREAS, the Revised Code of Washir�gton ("RCW ') mandates enforcement and provides
authority to the City of Federal Way Washington to administer and enforce the Washington State
Building Code Act (Chapter 19.27 RCW), the Washington State Energy Code (Chapter 19.27-A
RCW), Washington State reguiations regazding Electricians and Eiectrical Installations (Chapter
19.28 RCW), Washington State regula#ions regarding installation and permitting of factory
assembled structures (Chapters 43.22 and 43.22-A RCW), the Growth Management Act as it applies
to the construction of buildings {RCW36.70A), and related matters within the incorporated
boundaries of the City of Federal Way, Washington; and
WHEREAS, these Washington State laws include amendments as adopted and included by
the State of Wasiungton, and
WHEREAS, certain amendments, appendices and other regulations are optional, and where
appiicable, are enforceable if adopted specifically by the City of Federal Way, and
WHEREAS, there is a need to restructure the existing Title 13 of the Federal Way Revised
Code ("FWRC") to comply with city standards and improve clarity; and
WHEREAS, the potential adverse impacts on the public health, property, safety and welfare
of the City and its citizens if this ordinance did not take effect within five days, justify the
designation of this ordinance as urgent and necessary for the protection of public health, public
Ordinance No. 13- Page 1 of 19
Rev 1/10
safety, public pro}�erty and/or public peace;
NOW, THEREFORE, THE CITY COUNCIL OF THE CTTY OF FEDERAL WAY,
WASHiNGTON, DO ORDAIN AS FOLLOWS:
Section 1. The following Chapters of Title 13 of the FWRC are hereby repealed in their
entirety: Chapter 13.05, Buildings in General; Chapter 13.10, Building Regulations
Administration; Chapter 13.15, Buiiding Construction Standards; Chapter 13.25, Plumbing
Code; Chapter 13.30, Mechanical Code; Chapter 13.35, International Property Maintenance
Code; Chapter 13.50, Electrical Code; and Chapter 13.55, Fire Code.
Sect�on 2. The Chapters list of Title 13 of the FWRC is hereby amended as foliows:
Chapters:
13.11 General
13.76 Buildinq Code
13.20 five-Story Type VA Buildings
13.22 Residential Code
13.26 Mechanical Code
13.31 Fire Code
13.34 Plumbins� Code
13.38 Electrical Code
13.40 Swimming Pool Code
13.4a Enerqv Code
13.42 Factorv Assembled Structures
13.43 Proaertv Maintenance Code
13.45 Moving Buiidings
Ordinance No. 13- Page 2 of 19
Rev 1/10
Section 3. Title 13 of the FWRC is hereby amended to add a new chapter to read as
follows:
Chapter 13.'19
GENERAL
Sections:
13.11.010 Title.
13.11.U20 Oefinitions.
13.11.040 Liabilitv.
13.11.050 Purpose.
13.i 1.060 Conflicts.
93.'11.U70 Copies of codes.
13.11.U80 Appeals.
13.1 � .082 Limitations on anpeals.
13.11.U84 When to appeal and aut�eal fee.
13.11.U86 Contents of notice of aac�eai.
13.'I 1.C�88 Notice of the appea! hearinq.
13.11.090 Particiaation in the aapeal.
13.11.092 Scoae of ac�aeal.
13.11.094 Record of appeai hea�ina.
13.11.096 Decision on the aaaeaL
13.11:098 Judicial review.
13.11.1U0 License repuired.
13.11.110 En#orcement.
13.11.115 Orders to cease ac#ivitv.
13.11.120 Abatement of violation.
13.11:010 r�tle.
This chapter sfiaH be known as General.
13.11020 Definitior�s.
When anv of the followinq words appear in the codes and requlations adopted bv this title they shalt be
interoreted as follows:
"Administrative authoritv" shall mean the building official.
"Board of appeals" shalt meart the hearinq examiner appointed bv the citv.
"Building Department" shall mean the Building Division of the Department of Communitv and Economic
development.
"Chief ""fire chief' or "chief o# the bureau of fire qrevention" shall mean the fire chief of South Knct Fire
and Rescue.
"Citv treasure�' shall mean the director of administration and finance.
"Code Official" shall mean the building official.
"Corporafwn c:flunsel" sha11 mean the citv attornev.
"Deaartment of Buildinq Safety" sha11 mean the Building Division of the Department of Communitv and
Economic development.
"Department of Mechanical lnspection" shall mean the Building Division of the Department of
Communitv and Economic deveiopment.
"Jurisdiction" shall mean the city of Federal Way.
"Municipalitv° shail mean the citv of Federal WaY
93.11.040 Liabilitv.
�1) The exaress intent of the citv council is that responsibilitv for compliance with the provisions of this
title shall rest exclusivelv with the permit applicant and their aqents.
j2) The city council expresslv recoqnizes there are limited public funds available for implementation and
enforcemer�t of the qrovisions of this title The citv council recoqnizes that the level of services these
Ordinance No. 13- Page 3 of 19
Rev 1/i0
public funds can support must be balanced aqainst the economic imaact of the costs for these services.
Consequentiv the funds appropriated for implementation and enforcement of the provisions of this #itle
are those which in the iudqment of the citv council best protect the overaN heaith, safetv and welfare
interests of the public.
13.11.050 Purpose.
The aurpose of this Title is to adopt construction standa�ds as authorized and mandated bv Chapters
19 27 9 27-A and 19 28 RCW as weA as other Washington State Laws requlatinq cons#�uction and the
use of buildinqs and structures in order to aromote the health safetv and welfare of the occupants or
users of buildinqs and structures and the qenera! public by the arovision of buildinq codes throuqhout the
state. Accordinctly, this chapter is desianed to effectuate the foilowina purooses. obiectives, and
standards:
i� ) To require rninimum performance standards and requirements for construction and construction
materials, consistent with acceated standards of enqineerinq, fire and life safetv.
(2) To repuire standards and requirements in terms of aerformance and nationallv accepted standards.
(3) To permit the use of modem technical methods, devices and improvements.
(4) To eliminate restrictive. obsolete conflictin4 dualicatinct and unnecessary recaulations and
requirements which could unnecessarilv increase construction costs or retard the use of new materials
and methods of insta8ation or provide unwa�ranted preferential treatment to tvpes or classes of materials
or a�oducts or methods of constrwction.
(5) To provide for standards and specifications for makinq buildin4s and facilities accessible to and
usable bv physicallv disabled persons.
Codes and requlations adopted in this title are to provide for and aromote the health safefir and welfare
of the general publ'�c and not to create or otherwise establish or desianate anv aarticular class or qroup of
persons who will or should be especially protected or benefited bv the terms of these codes and
requlations.
'13.111l60 Conflicts.
In case of conflict amonq the codes enumerated in subsections (1) (21. (3), t4) and (5) of this secti�
the flrst named code shafl qovem over those #ollowinq.
(i ) T#�e lntemational Buildinq Code, published by the Intemational Code Council, Inc.
;21 The Intemational Residential Code. published bv the Intemational Code Council. Inc;
(31 The International Mechanical Code published by the Internationai Code Council Inc., except that
the standards for liQUified qetroleum qas installations shall be NFPA 58 (Storaqe and Handlinq of Liquified
Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code�;
j4) The Intemational Fire Code. published bv the International Code Council, lnc., includinq those
standa�ds of the National Fire Protection Association specifically referenced in the lntemational Fire Code:
PROVIDED That notwithstandinq anv wordinq in this code participants in reliqious ceremonies shall not
be precluded from carrvinq hand-held candles:
f5) Except as provided in RCW 19 27 170 the Uniform Plumbinq Code and Uniform Plumbinq Code
Standards published bv the International Association of Plumbinq and Mechanica! Officials: PROVIDED
That anv provisions of such code affectin4 sewers or fuel qas pipina are not adopted;
13.11.070 Copies of codes.
llie city shall a# all times keep on file with the citv clerk for reference bv the qenerai public not less
than one copv of the codes and requlations, or parts thereof, as are adopted bv this title.
13.11.080 Appeals.
Anpeals of orders, decisions and de#erminations of the buildinq official tha_t_do not consfitute
enfo�cement actions shall be heard and decided bv the citv of Federal Wav Hearinq Examiner.
Enforcement actions shall be brouqht pursuant to the arovisions of Title 1 of the FWRC. To the extent the
codes adopted by reference in this Title refer to a"board of aqpeals" or a"buildinq board of appeals,"
those references shall be deemed to refer to the citv of Fede�al Wav hearinq examiner. An appeal does
not lift or stav an order to cease activitv.
Ordinance No. 13- Page 4 of 19
Rev 1/10
13.11.082 Limitations an appeals.
An aqpeai under this chapter shali be based on a claim that the true intent of code or requtations leqailv
adopted hereunder have been incorrectiv interpreted or applied or that the provisions of this chapter or the
technical codes do not aaplv or that an eauaAy_qood or better form of construction method of protection or
safety is aroposed An apQlication for appeal shall be based on a claim that an equally qood or better form
of construction is aranosed. The hearinq examiner shall no authority to waive requirements o# code nor
decide issues reqardinq fees assessed.
13.11.084 When to aaaeal and aqpeal fee.
An apaellant shall file a written aaaeal of the order decision or de#ermination of the Citv of Federal Way
buildinsa officiat within fourteen (14) days of the date of the decision of the buildinct officiaL There shafl not
be an aaaeal fee fior aapeals of stoq work orders or code enforcement orders.
13.11.086 Contsnts of notice of aapeal.
The aapeal shali contain a clear reference to the matter beinq apaealed and a statement of the specific
elements of #he buildinq official's order, decision or determination disputed bv the appeAant
13.11.088 Notice of the appeal hearin�.
�a) The buildinq off�cial shall preaare a notice of the appeal hearinq containinq the followinq: _
(1) The file number and a brief descriqtion of the matter being aqpealed;
(2) A s#a#ernent of the scoae of the appeal includinq a summary of the elements of the buildinca
officia!'s order, decision o� determination that are contested in the aapeal;
(3) The time and alace of the hearinq on appeal before the fiearing examiner, and
(4)A sta#ement of who mav participate in the appeai.
(b)At least fourteen davs before the hearinQ on the apaeal, the buildin4 official sfia11 send a copY of
the notice of appeal hearinq to each person who has appealed the building official's order, decision or
determination.
13.11.090 Participation in the aapeal.
Only those parties who have appealed the building official's order, decision or determination mav
participate in the aaaeal. Aaaellants mav aarticipate in either or both of the followin4 wavs:
(1) By submittinq written comments or testimonv to the hearinp examiner prior to the commencement of
#he hear�nca: or
(2) By appearinq in person, or throuqh a representative, at the hearinq.
'13.11.092 Scope of appeal.
The apaeal wili be an oaen record apaeal hearinq. The scope of the appeal is limited to the specific
elements of the buildinq official's order, decision or dete�mination disputed bv the appellant and the
hearinq examiner shall onlv consider comments testimonv and arquments on these specific elements.
The city and the appellant may particiqate as qarties in the hearinp and each mav call witnesses. An
appeal does not lift or stav an o�der to cease activitv.
13.11.094 Record of aupeal hearinq.
The citv shall make an electronic sound recordinq of the hearinp.
13.11.096 Decision on the appeal.
The Hearinq Examiner shaU consider ail information and material within the scope of the appeal
submitted bv aersons en#itled to participate in the appeal Based on the HearinQ Examiner's findinqs and
conclusions. the Hearinq Examiner mav a�rm reverse or modify the order, decision or determination
beinq appeaied. The Hearinq Examiner shall issue his o� her decision within fifteen (15) days of the
appeal hearinq. Within five (5) business davs after it is issued the Hearinq Examiners decision shall be
mailed to the applicant and to each aerson who has requested notice of the decision The decision by the
Hearinq Examiner is the final decision of the citv.
Ordinance No. 13- Page S of 19
Rev 1/10
13.11.098 Judicial review.
Anv iudicial appeal of #he Hearinq ExaminePs decision shall be reviewed in Kinq Countv Superior Court
pursuant to Chaater 3fi.70C RCW, the Land Use Petition Act ("LUPA"). The land use petition must be fited
within finrenty-one (21) calendar days of the issuance of the Hearinq Examiners decision.
13.11.100 License required.
An aaalication for aermit mav be issued under this section to a properly licensed aerson or owne� in
conformance with current state contractor licensinq taws, Chaater 18.27 RCW.
13.11.110 Enforcemen�.
All viofations ofi this title or the codes adopted under this title are found to be detrimental to the nublic
health, safety, and welfare, and are deGared aubiic nuisances. The buildin4 offlcial has the authority to
adopt rules and requlations #o cam out the provisions of this title and has the authority to administer and
enforce all rules and requlations of this title. lt is unlawfui to violate or fail to complv with anv c�rovision, n�ie
or requtation of this title. In addition to any other t�enaltv a violation of anv nrovision of this title is a civil
infraction under FWRC 1.15.110.
13,11.115 Orders to cease activitv.
Whenever anv wark is bein4 done contrarv to tMe provisions of this code, or other pertinent laws
or ordinances imp4emented throuQh the enforcement of this code, the buildin4 o#ficial mav order the
work to cease by issuance of an order to cease activitypursuant to the FWRC 1.45:030.
13.11.120 Abatement of violation.
The imposition shall be as prescribed in Title 1 of the FWRC: Anv aerson who shall continue anY
work after havinq been served with an order to cease activitv, except such work as that person is
directed to qerform to remove a violation or unsafe condition, sha11 be subiect to penalties as
prescri6ed by law.
Section 4. Title 13 of the FWRC is hereby amended to add a new chapter to read as
follows:
Chapter 13.16
BUILDING CODE
Sec6ons:
13.16.010 Title.
13.96.020 2012 Intemational Buildinca Code adoated.
13.16.030 2012 International Buildina Code amendments.
13.16.010 Title.
This Chaater shall be known as the Citv of Federal Wav Buildinq Code.
13.16.020 2012 international Buildins� Code adopted.
The 2012 edition of the Intemational Buildinq Code (IBC) includin4 the followin4 appendix chapters:
f 1) Appendix E, pubiished by the Intemational Code Council (ICC) is herebv adopted bv reference
pursuant to RCW 19.27 and WAC 51-50. The International Building Code requirements for barrier-ftee
accessibilitv, Chapter 11, and other IBC requirements for barrier-free access includinq ICC A117.1-2009
and Appendix E, are adopted pursuant to chapters 70.92 and 19.27 RCW and shall not be amended by
iocal qovemment.
12) Ac�aendix J of the IBC aublished bv the International Code Council (ICC) is herebv adoated by
reference.
Ordinance No. 13- Page 6 of 19
Rev 1/10
13.16.030 2012 International Buildinq Code amendments.
The I�temational Buildin4 Code. adopted by reference in FWRC 13.16.020 is amended to read as follows_
(11 IBC Section 101.1. Title, is herebv amended as follows: These requlations shall be known as the
Buildinq Code of Citv of Federal Wav, hereinafter referred to as "this code.°
(2)1BC Section 101.4.3, Plumbinq is herebv amended as follows: The provisions of the 2012 Edition of
the Uniform Plumbinq Code shall apply to the installation atteration reaair and realacement of alumbinq
systems inGudinQ eQUiament apaliances fixtures fittinqs and apau�tenances and where connected to a
water or sewaqe svstem and atl asaects of a medical qas svstem P�ivate Sewaqe Disposal svstems shall
be approved bv Kinq Countv Department of Health.
(3116C Section 101.4.6. Ener�v, is herebv amended as follows: The arovisions of the Infemational
Ener±av Conservation Code, inGudinq WAC 59-91 R and WAC 51-11C shall aaalv to all matters Qovemin
the desiqn and construction of buildinas for enerqv efficiency.
t4118C Section 105.1. 9. Annual permit, is herebv �eqlaced witfi IBC Section 105.1.1, Work in Critical
Areas, to read as #ollows: Permit reauirements of this code shall not be deemed to qrant authorization for
any work to be done in any manner in violation of the provisions of this code or arn other taws or
ordinances of this iurisdiction. Permits shall be reauired for work aroposed within criticai areas. Work
exempt from permit (IBC Section 1 U5.2) shall not apply to work proposed in critical areas.
t51 IBC Section 105.L2. Annual permit records, is hereby deleted in its entiretv.
(6l IBC Section 105.2. item 1, is herebv amended to read as follows: One-story detached accessorv
structures used as tool and storaqe sheds. nlavhouses and similar uses provided the floor area does not
exceed �8 200 square feet (18.58 m2L
(7) IBC Section 105.4.1. Amended Permit is hereby created as follows: When the size of the buildinq is
increased or the scope for which the aermit was issued is chanqed an aqplication to amend the buildin�
permit shall be reauired. Amended oermit documents includinq but not limited to revised plans,
calculations, product information, enerqy calculations or other documen#s needed in order to clarifv the
intent and scone of the amended application shall be submitted for plan review Fees for the review of the
amended permit application sha0 be assessed and aa+d aursuant to the Citv of Federa! Wav fee
resolution. When the buildinq official is satisfied that the c�roaosed work included in the amended
application conforms to the reauirements of this code and laws and ordinances aqplicable #hereto, the
buildinq official shall issue a oermit therefore as soon as practicable.
(8) BC Section 9 07.3. Examination of documents is hereby amended as follows: The buildinq officiai
shall examine or cause to be examined the accompanyinq submittal documents and shall ascertain bv
such examinations whether the construc#ion indicated and described is in accordance with the
requirements of this code and other pertinent taws or ordinances. The buildinq official mav require third
partv review to insure comqliance with this code. The cost of such review shaA be borne bv the apalicant
in comaliance with the city's fee schedule.
(9) Chanter 2. Definitions, is hereby amended bv the addition of the followinq definition:
SUBSTANTIAL IMPROVEMENT. Anv repair reconstruction rehabilitation addition or impravement
of a buildinq or structure, the cost of which equals or exceeds 50 percent of the �valde
assessed value of the structure before the improvement or repair is started. If the structure has
sustained substantial damacte, any repairs are considered substantial improvement reqardless of the
actual repair work aerformed. The term does not, however, include either:
1. Anv aroiect for improvement of a buildinq reauired to correct existinq health, sanitarv or safetv
code violations identified bv the buildinq official and that are the minimum necessarv to assure safe
livinq conditions.
2. Anv alteration of a historic structure provided that the alteration will not preclude the structure's
continued desiQnation as a historic structure.
(10) IBC Aqpendix J is hereby amended to add a new section J101.1.1 local ReQUlations, as follows:
!n addition to the reQUirements of IBC appendix J clearinq and gradinq activities shall be reviewed and
requiated under the followinq FWRC requlations
(a) FWRC Title 16 Surface and Stormwater Manaqement); and.
{b) Chapter 19.120 FWRC, Clearinq, Gradinq, and Tree and Veaetation Retention: and.
(c) Chapter 19.142 FWRC. Flood Damaqe Prevention.
In case of conflict. the most restrictive provision shall applv.
Ordinance No. ! 3- Page 7 of I9
� Rev 1/10
Section 5. Title 13 of the FWRC is hereby amended to add a new chapter to read as
follows:
Chapter 13.22
RESIDENTIAL CODE
Sections:
13.22.010 Title.
13.22.020 2012 International Residential Code adoated.
13.22.030 2012 Intemational Residentiai Code amendments.
13.22.010 Title.
This chaater shall be known as the Citv of Federai Wav Residential Code.
13.22A20 2012 :International Residential Code adopted:
The 2012 edition of the Infemational Residentiai Code (1RC) as pubiished by the Intemational Code
Council (ICC) is hereby adopted bv reference pursuant to RCW 19 27 and WAC 51-51 • with the folloHnn4
additions. deletions, and exceations: Provided that chapters 11 and 25 tfirouQh 43 of this code are not
adopted Tfiat Enerqv Conservation Construction is reaulated bv chanter 51-11 R WAC• that Plumbi is
reQUlated bv chapter 51-56 WAC: that Electricai instaQations are repulated bv chapter 296-46B WAC or
the National Electrical Code (NEC) as pubGshed bv the Nationat Fire Protection Association, as adopted
bv the Citv of Federal Wav� and that Aaaendix G Swrimminq Poats Sqas and Hot Tubs of the 2092 edition
of the IRC as published bv the ICC is herebv adopted. The standards for liquefied aetroleum qas
installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and NFPA 54 (National Fuel Gas Co�
All other fuel qas installations shall be requlated bv the Infemational Mechanical Code (IMC) and
Intemafional Fuel Gas Code (IFGC); includina the followinq appendix. chapters: H and J of the IRC
published by the International Code Council (ICC) are hereby adopted by reference.
13.22.030 2a12 International Residential Code amendments.
The foNowina amendments to the IRC ado[�ted in the FWRC are hereby adopted:
(11 IRC 101.1. Title, is hereby amended to read as follows: These qrovisions shall be known as the
Residenaal Code for One- and Two-family Dwellinas of The Citv of Federal Wav, and shall be cited as
such and wilt be referred to herein as "this code."
(2) IRC Section 105.1.1. Annual permit is herebv replaced with IBC Section 105.1.1, Work in Critical
Areas. to read as foilows: Permit repuirements of this code shall not be deemed to qrant autho�ization for
any work to be done in any manner in violation of the provisions of this code or anv other laws or
ordinances of this iurisdiction. Permits shall be reouired for work proposed within c�itica! areas. Work
exempt from permit (IBC Section 105.2) shail not applv to work proposed in critical areas.
(3)1RC 105 3 1 Action on anplication is herebv amended by the addition of the foAowinq lanquaqe:
The buildinq officia! shall examine or cause to be examined apalications for permits and amendments
thereto within a reasonable time after fitinq. If the aaplication or the construction documents do not
conform to the reauirements of pertinent laws the buitdinct official shall reiect such application in writi�
statinq the reasons therefore. When the buildinq official is satisfied that the proposed work conforms to
the requirements of this code and laws and ordinances applicable thereto the buildinq official sha11 issue a
permit therefore as soon as practicable. The buildinq official may require third partv review to insure
comnliance with this code. The cost of such review shall be bome bv the applicant in compliance with the
city's fee schedule.
(4) IRC 105.4.1, Amended Permit, is hereby created as follows: When the size of the buildinq is
increased or the scope for which the permit was issued is chanQed an apnlication to amend the buildinq
permit shall be reQUired. Amended permit documents includi�q but not limited to revised plans,
calculations, product information enerqv calculations or other documents needed in order to clarifYthe
intent and scope of the amended application shall be submitted for plan review Fees fo� the review o# the
amended permit application shall be assessed and paid aursuant to the City of Federal Way fee
resolution. When the buildinq official is satisfied that the proposed work included in the amended
Ordinance No. 13- Page 8 of 19
Rev 1/10
aaplication conforms to the reQUirements of this code and laws and ordinances apalicable thereto, the
buildinq official shall issue a aermit therefore as soon as practicable.
�5) R106.3.1, Annroval of construction documents, is herebv amended to read as foNows: When the
buildinq official issues a permit, the construction documents shali be aaproved in writinq or bv a stamp.
One set of construction documents so reviewed and stamaed Aaaroved File Copy, shall be retained bv the
buildin4 official. The other set, stamc�ed Anproved Site Coav shall be retumed to the applicant, shall be
keqt at the site of work at all times and shaH be oaen to inspection bv the buildinp official or his or her
authorized representative. Failure to produce the Site Coqy of the alans at time of insaection mav result in
a failed inspection.
(6) IRC Table 301.2(1) is amended by the addition of #he #ollowin� information:
Roof Wind Design Seismic Subject To Damage From Winter Ice Layer Flood Air Mean
Snow Speed Topo Design Weathering Frost line Temutes Design Underlay Hazard Freezing Annual
Load Mph Effects Category Temp Required Index Temp
25 ib/ft� 85 No D2 Moderate 12" Moderate 24 No Yes 250 55
Section 6. Title 13 of the FWRC is hereby amended to add a new chapter to read as
follows:
Chapter '13.26
MECHANICAL CODE
Sections:
'I3.26.010 Title. .
13.26:020 2012 Intemational Mechanical Code adopted.
13.26.030 2012 International Mechanical Code amendments.
13.26.010 Title.
This chanter shall be known as the Cifir of Federal Wav Mechanical Code.
13.26.020 20121nternational Mecha�ical Code adonted.
The 2012 edition of the lntemafional Mechanical Code (fMC) as published bv the Jntemational Code
Conference (ICC) is herebv adoqted by reference pursuant to Chapter 19.27 RCW and WAC 51-52.
ln the case of conflict between the duct sealinq or insulation requirements of Section 603 or Sec#ion
604 of the IMC and the duct sealinQ or insulation requirements of chapter 51-11C WAC, the Washinqton
State Enercay Code, the provisions of the enerpv code shall govem.
13.26.030 20121nternational Mechanical Code amendments.
!1) IMC 101.1. Titie, is herebv amended to read as follows: These repulations shali be known as
the Mechanical Code of the City of Federal Wav. hereinafter �eferred to as "this code."
f21 IMC 104.6. Notices and orders, is herebv amended to read as follows: Notices and Orde�s shall be
issued in compliance with FWRC 1.15.040.
(3) IMC 106.4.1.1. Amended Permit, is herebv created as follows: When the scoae of work for which
the permit was issued is chanqed, the buildinq o�cial may amend the mechanical permit. When such fees
specified in IMC Section 106 or the Federal Wav Fee Schedule have been paid and when chanqes to the
plans and apalication have been approved, the building official shall issue an "amended permit," wh+ch
includes the approved changes as well as the oriqinal plans and sqecifications. The issuance o# such
amended permit shall void the oriqinal t�ermit.
(4) IMC 106.3.2. Preliminary inspection, is herebv amended to read as fo8ows: Before a aermit is
issued. the buildinq official is authorized to inspect and evaluate the svstems, equipmen� buildinqs,
devices. premises and spaces or areas to be used. The buildinq official mav require fhird partv review to
ensure compliance with this code. The cost of such review shaA be borne bv the anplicant in compliance
with the Federal Wav Fee Schedule.
Ordinance No. 13- Page 9 oJ19
Rev 1/10
(5) IMC 106.4.3. Exp+ration, is hereby amended in its entiretv as follows: Everv Qermit issued shail
become invalid unless the work on the site authorized bv such permit is commenced within 180 days after
issuance or if the work authorized on the si#e bv such permit is suspended or abandoned for a period of
180 days after the time the work is commenced The buildinq official is authorized to qrant in writinQ one
or more extensions of time for periods not more than 180 days each The extension shail be requested in
writina and iusti#iabte cause demonstrated. In order to renew action on a pe�mit after expiration, the
permittee shall pav a new full [�ermit fee.
{6) IMC 1 U6.5.2, Fee schedule, is herebv amended to read as follows: The fees for mechanical
permits shall be assessed in accordance with the provisions of the Citv of Federal Way Fee Schedule.
{71 !MC 106.5.3. Fee refunds. is hereby amended in its entirety as follows: Fees shall be re#unded in
accordance with the City of Federal Wav Fee Schedute.
{8) IMC 108.3. Prosecution of violation is herebv amended to read as follows: !f the notice of violation
as not complied with nrompttv, #he buildinq official shafl take action as prescribed in Tt1e 1 of the FWRC.
(9) !MC 108.4, Violation penalties is herebv amended to read as follows: Persons who shaA violate a
provision of this code or shall fail #o comaly with anv of the reQUirements thereof or who shall erect install
alter or reqair mechanical work in violation of the approvet! construction documents or directive of the
buildin4 official or of a aermit or certificate issued under the provisions of this code shall be subiect to the
provisions of Title 1 of the FWRC.
(14) IMC 108.7, Unsafe mechanical svstems is hereby amended to read as follows: A mechanical
svstem tha# is unsafe. constitutes a fire or health hazard or is otherwise danqerous to human life, as
reUUlated by this code, is herebv decla�ed as an unsafe mechanical svstem. Use of a mechanical sYStem
requlated bv this code constitutin4 a hazard to health, safety or weifare bv reason of inadectuate
maintenance. dilapidation, fire hazard, disaster damaqe or abandonment is herebv declared an unsafe
use Such unsafe eQUipment and appliances are herebv declared to be a nuisance and shal! be abated bv
rep�ir, rehabilitation, demolition or removal in accordance with Title 1 of the FWRC.
(11) iMC 108.7.1 Authoritv to condemn mechanicat svstems is herebv amended to read as follows:
Whenever the buildina official determines that any mechanical system or portion thereof, reautated bv this
code has become hazardous to iife, health property or has become insanitarv, the buildinp official m�[
issue an order to cease activity The cease activitv notice shall be issued pursuant to Section 1.15.030 of
the fWRC. A person shall not use or maintain a defective mechanical svstem after receivina such notice.
When such mechanical svstem is to be disconnected written notice as prescribed in Title 1 of the FWRC
shatl be piven. In cases of immed+ate danqef to life or propertv, such disconnec6on shall be made
immediately without such notice.
(12) IMC 109.'I, Ac�plication for aapeal is herebv amended to read as follows: Appeals of decisions or
determinations made by the buildinq official relative to the application and inte�pretation of this code shall
be made to the hearinas examiner pursuant to FW RC 13.06.U60
Section 7. Title 13 of the FWRC is hereby amended to add a new chapter to read as
foilows:
Chaqte� 13.31
FIRE CODE
Sections:
13.31.010 Title.
13.31.020 20121ntemational Fire Code adoated.
13.31.030 2012 International Fire Code amendments.
13.31.040 Fire alarm svstem.
13.31.050 Sprinkler installation.
13.39.010 Title .
This chapter shall be known as the City of Federal Way Fire Code.
Ordinance No. 13- Page 10 of 19
Rev 1/10
13.31.020 2012 Iniernationa! Fire Code adopted.
The 2012 edifion of the Intemational Fire Code (IFC) published bv the International Code Council is
herebv adoated bv reference pursuant #o Chaater 19.27 RCW and WAC 51-54A with the followinq
additions, deletions, and exceptions. Appendices B, C, E. F, and I are adopted bv reference:
13.31.030 2012 International Fire Code amendments.
IFC Section 503 is herebv created as follows:
(111FC 503.9 Where reauired. Fire aaparatus access roads shaA be provided and maintained in
accordance with Sections 503.1.1 throuqh 503.1.3.
(2) IFC 503.1.1 Buildinqs and facilities. Aaaroved fire apparatus access roads shall be arovided far
everv facilitv, buildinq or c�ortion of a buildina hereafter constnacted or moved into o� within the iurisdiction.
The fire apwaratus access road shall complv with the reQUireme�ts of this section and shall extend to
within 150 #eet (45 720 mm) oi all aortions of the facilitv and all portions of the exterior walls ofi the first
storv of tfie buildins� as measured bv an approved route around the exterior of the buildinq or faciliN.
Exceation: The fire code official is au#horized to increase the dimension of 150 feet (45 720 mm)
where:
1. The buildinq is equit�ped throuqhout with an aaproved automatic sprinkler svstem installed in
accordance with Section 903.3.1.1. 903.3.1.2 or 903.3.1.3.
2. Fire a�oaratus access roads cannot be instalied because of location on aroaertv, tonocuaahv.
waterways. nonneQOtiable qrades or other similar conditions. and an aoproved altemative means of fire
protection is nrovided.
3. The�e are not more than finro Groua R-3 or Group U occupancies.
(3)1FC 503.1.2 Additional access. The fire code official is authorized to reQUire more than one fire
apparatus access road based on the potential for impairment of a sinqle road by vehicle conqestion,
condi#ion of terrain climatic conditions or other fac#ors that could limit accsss.
(4) IFC 503.1.3 Hiah-ailed storaqe. Fire department vehicle access to buildinps used for hiah�iled
cflmbustible storaae shall comnly with the annlicable provisions of Chapter 32.
{5) IFC 503.2 Saecifications. Fire aaparatus access roads shall be installed and arrancted in
accordance with Sections 503.2.1 throuqh 503.2.8.
(6) !FC 503.2.1 Dimensions. Fire aoaaratus access roads shall have an unobstructed width of not less
than 20 feet (6096 mm). exclusive of shoufders, except for approved security qates in accordance with
Section 503.6, and an unobstructed vertical clearance of not less than 93 feet 6 inches (4115 �nm).
(7) IFC 503.2.2 Authoritv. The fire code official shall have the authority to reQUire an increase in the
minimum access widths where thev are inadequate for fire or rescue operations.
(81 IFC 503.2.3 Surface. Fire apparatus access roads shall be desipned and maintained to suaaort the
imqosed loads of fire aaaaratus and shall be surfaced so as to provide afl-weather drivina caaabilities.
(9) IFC 503.2.4 Tuming radius. The required turninq radius of a fire apparatus access road shall be
determined bv the fire code official.
(10) IFC 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720
mm) in lenath shal! be nrovided with an at�proved area for turninq around fire aqparatus.
(19 ) IFC 503.2.6 Bridqes and elevated surfaces. Where a bridqe or an elevated sur#ace is part of a
fi�e anaaratus access road, the bridae shail be constructed and maintained in accordance with AASHTO
HB-17. Bridges and elevated surfaces shall be desiqned for a live load sufficient to carry the imposed
loads of fire apaaratus. Vehicle load timits shall be qosted at both entrances to bridaes when required by
the fire code official. Where elevated surfaces desiqned for eme�qencv vehicle use are adiacent to
surfaces which are not desiqned for such use approved barriers approved siqns or both shatl be installed
and maintained when reauired by the fire code official.
(12) IFC 503.2.7 Grade. The qrade of the fire apaaratus access road shall be within the limits
established bv the fire code offiaal based on the fire departmenYs apparatus.
(13) IFC 503.2.8 Anqles of approach and departure. The anqles of approach and departure for fire
apparatus access roads shail be within the limits established bv the fire code official based on the fire
department's apparatus.
(14) IFC 503.4 Obstruction of fire apparatus access roads. Fire appara#us access roads shall not be
obstructed in any manner, includinq the qarkinq of vehicles. The minimum widths and ciearances
Ordinance No. 13- Page 11 of 19
Rev 1/10
estabiished in Section 503.2.1 shall be maintained at all times.
14 IFC 503.5 ReQUired qates or barricades. The fire code offrcia! is authorized to reQUire the
installation and maintenance of qates or other approved barricades across fire apparatus access roads,
trails or other accesswavs, not includinq public streets alleys or hiqhways. Electric qate operators, where
provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be
desiqned, constructed and installed to complv with the repuirements of ASTM F 2200.
(15)1FC 503.5.1 Secured qates and barricades. When reauired, aates and baRicades shall be
secured in an anaroved manner. Roads, trails and other accessways that have been closed and
obstructed in the manner arescribed by Sectio� 503.5 shall not be trespassed on or used unless
authorized bv the owner and the fire code aff"icial.
Exception: The restriction on use shall not apalv to public officers actinca within the scope of dutv.
(16) IFC 503.6 Securitv 4ates. The installaiion of secxaritv qates across a fire apt�aratus access road
shall be aaaroved by the fire chief. Where security qates are instatled, thev shall have an aaaroved means
of emerqencv operation. The securitv qates and the emerQency operation shali be maintained operational
at ail times. Electric qate oaerators. where orovided, shall be listed in accordance with UL 325. Gates
intended for automatic operation shall be desiqned, constructed and instalied to complv with the
requi�ements of ASTM F 22U0.
13.31.040 Fire alarm svstem.
In addition to the Fire Alarm and Detection Svstem requirements saecified in 1FC, ail new buildinas
and structures exceedina 3,000 sauare feet qross floor area shall be required to provide an aparoved
automatic fire alarm svstem. Buildinp additions which increase the pross sQUare footaqe of the buildinca bv
mo�e than 3,000 qross square feet shall be reauired to provide an approved aatomatic fire alarm svstem
servinp the addition. Fire walls as noted in Section 706 of the tntemational Buildin4 Code shall not be
considered to provide a separate buildinq under this section or to enable deletion of the reauired fire alarm
system •
Exceptions: Group U or R, Division 3, occupaRCies;
13.31.050 Sqrinkler installation.
Fire sprinkler svstems shaN be installed:
In addition to the Automatic Sprinkler Svstem reauirements specified in the IBC and IFC, the foliowing
new buildinas and structures. and existinQ buildinas with new additional square footaae, are reciuired to be
protected bv an aaproved automatic sarinkler svstem.
(11 All occupancies without the basic fire flow repuirements of the IFC and appendix B.
Exception: Group U occuaancies
(2) All occuaancies without anproved fire department access as defined in IFC 503. Exception: Group
U occupancies. and additions to sinqle unit R3 structures. are not required to be sprinklered, provided the
fire flow meets the reauirements of the IFC and apaendix B, and the access is not undulv comnromised.
as aqaroved bv the Fire Code Official.
(3) In all occuaancies. other than qroup R3 U and open parfcinq structures where the total #loor area
included within the sunoundina exterior walls on all floor levels, inctudinq basements exceeds 5,000
spuare feet. Fire walls, as noted in Section 706 of the Intemational Buildinq Code, shall not be considered
to separate a buildinq to enable deletion of the reQUired fire sprinkler svstem.
Exception: additions to existinq buildi�qs that throuqh alternate materials or methods, do not increase
the hazards of the building, as aqreed and aparoved by the Buildinq Official and the Fire Code Officiai.
In all occuoancies where the buildin� is classified as an overwater structure.
Ordinance No. 13- Page Il of /9
Rev 1/10
Section 8. Title 13 of the FWRC is hereby amended to add a new chapter to read as
follows:
Chapter 13.34
PLUMBING CODE
Sections:
13.34.010 Titte.
13.34.020 2012 Uniform PlumbinQ Code adoated.
13.34.030 2012 Uniform Ptumbinc� Code amendments.
13.34:010 Title.
This chat�ter shaH be known as the Citv of Federa! Wav PlumbinQ Code.
13.34.020 2012 Uniform Plumbins� Code adoqted.
The 2012 edition of the Uniform Plumbinq Code (UPC). including Aqqendices A. B. and t, as
published bv the International Association of Plumbinp and Mechanical Officials (IAPMO), is hereb [
adoated by reference aursuant to Chaater 19.27 RCW and WAC 51-56; w+th the followinq additions,
deletions and exceptions: Provided that chaaters 12 and 15 of this code are not adopted. Provided
further, that those reauirements of the UPC relatinq to ventinQ and combustion air of fuel fired appl_iances
as found in chanter 5 and those oortions of the code addressinq buildinq sewers are not adoqted. Where
a conflict exists befween the arovisions of Aapendix 1 and the manufacturer's installation instructions, the
conditions of the tistinq and the manufacturer's ins#ailation instructions shall applv.
13.34.030 2092 Uniform Plumbi�a Code amendments.
The foliowinq amendments to tfie provisians of the t�lumbinq code adopted in FWRC 13.34.020 are
he�ebv adopted:
f 1) UPC 103.3.2.1, Amended Permit. is herebv created as foilows: lAlhen the scope for which_ the
nermit was issued is changed, an application to amend the buildinq permit shall be reauired. Amended
permit documents including but not limited to revised nlans or other documents needed in order to clari
the intent and scope of the amended application shall be submitted for plan review Fees #or the review of
the amended permit application shall be assessed and aaid pursuant to the City of Federal Way fee
resolution. When the buildinq official is satisfied that the proposed work included in the amended
aqqlication conforms to the requirements of this code and laws and ordinances applicable thereto, the
buildinq officiai shall issue a permit therefore as soon as practicable.
(2) UPC 103.3.3. Expira6on, is herebv amended to read as follows: Everv permit issued by the
buildinQ official under the provisions of this code shali exnire bv limitation and become null and void_if
the work authorized bv such permit is not commenced within one hundred and eightv (1801 davs from
the date of such aermit, or if the work authorized bv such aermit is suspended or abandoned at anv
time after the work is commenced for a period of one hundred and eiqhty (180) davs. �eFe-s�
A c�ermittee holdinq an unexpired permit shall be aermitted to applV for an extension of the time
within which work shall be permitted to commence under that permit when the permittee is unabte to
commence work within the time required by this section. The building
official shall be permitted to extend the time for action one or more times bv the peRnittee fior a neriod
not exceedina one hundred and eiahty (180) days uaon written re4uest bv the permittee �i��a�
. In order to renew action on a permit after expiration where such
suspension or abatement has exceeded one (1) vear, the permittee shall nav a new fult permit fee.
(3) UPC 103.4.2. Expiration of Plan Review is amended in its entiretv as follows: An application for a
permit for anv proposed work shall be deemed to have been abandoned 180 davs after the date of filina•
Ordinance No. 13- Page 13 of 19
Rev 1/10
unless such apalication has bee� pursued in qood faith or a permit has been issued; except that the
buildin4 official is authorized to prant one or more extensions of time for additional periods not exceeding
180 days each The extension shall be requested in writinq A new complete permit application and full
fees must be submitted io �esta�t the review arocess on a�v exaired aaplication that cannot be extended.
The new application date is the date of the new submittal.
Section 9. Title 13 of the FWRC is hereby amended to add a new chapter to read as
follows:
Chapter 13.38
ELECTRICAL CODE
Sections:
13.38A10 Title.
13.38.020 Elect�ical codes ado�ted.
13.38.030 Effect on existinq wirinct.
93.38.040 Amendments.
13.38.010 Title.
This chaater shatl be known as the Citv of Federal Wav Electricai Code.
13.38.020 Electrical codes adoated.
�1 Adoption bv reference The followinq codes as presentiv constituted or as mav be subsequen�t
amended ace all adopted as amended added to or excepted in this ti#le to4ether with all amendments
and additions provided in this title, and shaA be aaplicable within the citv:
(a) The National Electrical Code (NEC) 2008 Edition as published bv the National Fire Protection
Association;
�b) The laws, rutes and requiations for installina electrical wirin4 and eauiQment set forth in Chapter
19.28 RCW:
(c) The followinq chapters of the Washinqton Administrative Code:
(i) Chapter 296-43 WAC. Heatinq Installation:
{ii) Chapter 296-45 WAG Safetv Standards. Electrical Workers:
jiiil Chapter 296-46(B) WAC, Electricai Safety Standards. Administration, and Instailation.
(2) Pumose This title is enacted as an exercise of qolice power of the citv for the benefit of the public
at larqe It is not intended to create a special relationship with anv individual or individuals or to identifY
and protect any particular ciass of persons The purpose of this title is to provide minimum standards to
safequard life or limb, health, property and public welfare by requlatinq and controllinq buildinq
construction and work related thereio.
13.38.030 Effect on existinq wirins�.
The arovisions of this Chaa#er are not intended to apply to electrical installations in existence at the
time of its adoption except in those cases which in the opinion of the buildinq official are found to be
danqerous to life or aropertv, and except as is otherwise specificallv nrovided for in this Chapter.
13.38.040 Amendments.
The followinq amendments to the codes adopted in FWRC 13.38.020 are herebv adoated:
�1) Section 204 of the Uniform Administrative Code. Appeals, as adopted bv this title. is hereby
amended #o read as follows:
204.1 General. Aopeals of decisions or determinations made bv the buifdinct official relative to the
application and interpretation of this Code, except orders, nalinqs or decisions c�ertaininq to
enforcement of this Code, shall be made to the hearina examiner pursuant to FWRC 13.05.060.
244.2 Limits ofAuthoritv. The hearinq examiner shall have no authoritv relative to the
interpretation of the administrative arovisions of this Code nor shall the hearinp examiner be
empowered to waive requirements of this Code.
Ordinance No. l3- Page 14 of 19
Rev 1/10
204.3 Enforcement. Civil enforcement of the provisions of this Code and the terms and conditions
of anv permit or apc�roval issued [�ursuant to this Code shall be qoverned by Chapter 1.15 FWRC,
Civil Enforcemeni of Code. Civil enforcement is in addition to, and does not limit anv other forms of,
enforcement available to the city includinq but not limited to criminal sanctions as specified herein or
ir� Chapters 1.10 and 1.15 FWRC nuisance and iniunction actions or other civil or epuitabte actions
to abate, discontinue, correct or discoura4e unlawful acts in violation of this Code.
(2) Section 301.1.3(b) of the Uniform Administrative Code Provisions fo� the NEC is amended to read
as foNows:
� Exempt work. An electrical permit shall not be repuired for the foilowing;
9. Portable motors or other aortable aaQliances enerqized bv means of a cord or cabfe havinq an
attachment aluq end to be connected to an aaaroved receatacle when that cord o� cable is aermitted
� this Code.
2. Reaair or replacement of fixed motors. transformers or fixed approved appliances of the same
iype and ratinq in the same locations.
3. Temporarv decorative liQhtin4.
4. Reaair or reulacement of current-carryinq c�arts of anv switch, contractor o� control device.
5. Reinstallation of attachment pluq receotacles, but not the outlet therefor.
6. Repair and replacement of any overcurrent device of the reQUired caaacity in the same location.
7. Reaair or re�iacement of eiectrodes or transformers of the same size and cavaciN for siqns o�
pas tube systems.
8. Taains� ioints.
9. Removal o# electrical wirinq.
90. Temaorarv wirinq for experimental purooses in suitable exaerimental laboratories.
i 1. The wirinq for temporarv theater, motion picture or tele.vision staae sets.
12. A nermit shalt not be repuired for the instaliation, alteration or reaair of electrical wirinq,
apparatus or equipment or the qeneration transmission, distribution o� meterinq of electrical energy or
in the operation of siqnals or the transmission of intelliqence by a aublic or p�ivate utilitv in #he exercise
of its functions as a servinp utilitv.
£xemption from the aermit reQUirements of this Code shall not be deemed to qrant authorization
for anv work to be done in violation of the orovisions of this Code or any other laws or ordinances of
the iurisdiction.
Section 10. Title i3 of the FWRC is hereby amended to add a new chapter to read as
follows:
Chapter 13.41
fNERGY CODE
Sections:
13.41.010 Title.
13.41.020 2012 fnternational Enerav Conservation Code adopted.
13.41.010 Title.
This chapter shall be known as the Citv af Federal Way Enerctv Code.
13.41.020 2012 International Eners�v Conservation Code adopted.
The 20121ntemational Enerqv Conservation Code (IECC) published bv the Intemational Code Council
as amended bv the State of Washinqton is herebv adopted by reference nursuant to Chapter 19 27 RCW
and WAC 51-11 R AND 51-11 C. Where this Code is in conflict with one or more of the Citv's adopted
requlations, the more restrictive lanquaqe shall applv:
Ordinance No. 13- Page 1 S of 19
Rev l/14
Section 1 i. Titie 13 of the FWRC is hereby amended to add a new chapter to read as
follows:
Chapter 13.42
FACTORY ASSEMBLED STRUCTURES CODE
Sections:
13.42.010 Ti#le.
13.42.015 Definitions.
13.42.020 Installation standards adoated.
13.42.030 Installation standards amendments
13.42.010 Title .
Tfiis d�apter shai! be known as the Citv of Federal Way Factorv Assembled Structures Code.
13.42.015 Definitions.
"Manufactured Home". Shali mean a factorv assembled structure bearinp insictnia as a manu#actured
home.
"Mobile Homs". Shalf inean a factory assembied structure bearinq insiqnia as a mobile home.
"Moduiar" sfiall tnean a factorv assembled structure bearinq insiQnia as a modular structure.
13.42.0201nstallation standards adoation.
The Washinc�ton Factorv Assembled Structures Insiallation Standards RCW43.22 re4ulatinq Modular
Homes Modular Non-residential Commercial lnstallations Manufactured Homes and Mobile homes is
adopted bv reference.
13.42.0301�stallation standards amendments.
(1) Buildi�4s constnacted and insnected by the department of Labor and Industries shall aaply for
buildinq permits followinq the methods adopted for the 1BC and iRC as aapf"icable.
(2) Buildinps constructed and inspected bv the depar#ment of Labor and Industries shall be issued
buildinq permits foAowinq the methods adoated for the IBC and IRC as applicable.
(3) Buildinqs constrvcted and inspected by the department of �abor and Industries shall be inspected
prior to occupancy followinq the methods adopted for the 16C and IRC and the manufactures installation
quide for the factory assembled structure as applicable.
Section 12. Title 13 of the FWRC is hereby amended to add a new chapter to read as
follows:
Chapter 13.43
PROPERTY MAINTENANCE CODE
Sections:
13.43.010 TitJe.
13.43.020 2012 Intemational Proaertv Maintenance Code adopted.
13.43.030 2012 International Property Maintenance Code amendments.
13.43.010 Title.
This chapter shall be known as the Citv of Federal Way Propertv Maintenance Code.
13.43.020 2012 Internationa! Propertv Maintenance Code adopted.
The 2012 intemational Proaerty Maintenance Code (IPMC) is adopted as amended, added to, or
exceated in this title, and shall be applicable within the city. Where this Code is in conflict with one or more
of the City's adopted reQUlations, the more restrictive languaqe shall applL+-.
13.43.030 20121nternational Propertv Maintenance Code amendments.
The fotlowina amendments to the IPMC adopted in FWRC 13.43.010 are herebv adopted:
Ordinance No. 13- Page 16 of 19
Rev 1/10
(1)1PMC 109.1. Tiile is hereby amended to read as follows: These requlations shall be known as the
Propertv Maintenance Code o# Citv of Federal Wav. hereinafter refer�ed to as "this c�de."
(2)1PMC 102.3, Aapiication of other codes is hereby amended to read as #ollows: Repairs, additions
or alterations to a structure, or chanqes of occuqancv shali be done in accordance with the procedures
and provisions of the lntemationa! Buildinq Code International Residential Code. Intemational Fuel Gas
Code, International Mechanica! Code, Uniform Plumbinq Code National Electrical Code. Washinctton
State Enerqv Code and the Washinqton State Ventilation and Indoor Air Quality Code. NothinQ in this code
shaU be construed to cancel. modify or set aside anv provision of the Federal Way Revised Code.
(3) IPMC 103 is herebv deleted in its entirety,
(4) IPMC 106.2. Notice of violation is herebv amended to read as foUows: The code official shall serve
a notice of violation or order in accordance with Title 1 of the Federat Wav Revised Code (FlNRC).
(5) IPMC 106.3. Prosecution of vioiation, is hereby deleted in its entiretv.
(6) IPMC 106.4. Volation aenalties. is hereby deleted in its en#iretv.
(7) IPMC 106.5. Aba#ement of violation. is herebv deleted in its entiretY
(8) IPMC 1U7.1. Notice to aerson resnonsible is herebv amended to read as follows: Whenever the
code official determines that there has been a violation of this code or has qrounds to believe tfia# a
violation has occurred. notice shall be qiven in the manner arescribed in Section 1.15.040 of #he FWRC.
(91 IPMC 107.2. Form, is hereby deleted in its entiretK,
(10)1PMC 107.3. Method of senrice. is hereby deleted in its entiretv.
(11) iPMC 107.5. Penalties. is herebv deleted in its entiretY
L� IPMC 11 �, title, is hereby amended to read as follows: HEARINGS EXAMINER.
(13) IPMC 111.1. General, is herebv amended to read as follows: Aaaeals of orders, decisions or
determinations made bv the buildinq officiai relative to the aqplication and intemretation of this code shall
be made to #he hea�ings examiner oursuant to FW RC 13.05.060.
h 4) IPMC 111.2. Limitations on authoritv is herebv amended to read as follows: An aaplicafwn for
aapeal shall be based on a claim that the true intent of this code or the nales leqally adopted there under
have been incoreectiv interpreted, the qrovisions of this code do not fully apalv. The hearinqs examiner
shaA have no authoritv relative to the interpretation of the administrative provisions of this Code nor shall
the hearinqs examiner be emaowered to waive any reQUirements of this code.
(15) IPMC 112. title, is herebv amended to read as follows: ORDER TO CEASE ACTIVITY
(16) IPMC 192.1. Authority, is hereby amended to read as follows: Orders to cease activitv. Whenever
any work is beina done contrary to the provisions of this Code, or other aertinent laws or ordinances
imqlemented throucth the enforcement of this Code, the buildinq official mav order #he work to cease by
issuance of an order to cease activitypursuant to the FW RC 1.15.030.
(171 IPMC 112.2, Issuance, is herebv amended to read as follows: Occupancv violations. Whenever
any buildinq or structure or eauipment therein regulated by this Code is beinq used contrarv to the
provisions of this Code, the buildinq official may by issuance of an order to cease activity pursuant to
FWRC 1.15.030, order such use discontinued and the structure, or aortion thereof, vacated.
(181 IPMC 112.3. Unlawful continuance. is herebv amended to read as follows: Anv person who shall
con6nue anv work after havinq been served with an order to cease activity, except such work as that
person is directed to aerform to remove a violation or unsa#e condition, shall be subiect to penalties as
prescribed bv law.
(19) IPMC 202. Definitions. is herebv amended to read in pa�t: CODE OF�ICIAL. Shall mean the
Buildinq OfficiaL
Section 13. The Sections list of Chapter 13.40 FWRC, "Swimming Pool Code," is
hereby amended as follows:
Sections:
13.40.003 Title .
13.40.007 Conflicts.
13.40.010 Compliance required.
13.40.440 Satisfactory altemate.
13.40.050 Retroactive effect.
Ordinance No. 13- Page 17 of 19
Rev 1/10
13.40.060 Fences and gates — Required.
13.40.070 fences and gates — Waiver for inaccessibility.
13.40.080 Fences and gates — Covered pools.
13.40.090 Excavation walls — Distance from slope — Walkway.
Sec�ion 14. A new section is added to Chapter 13.40 FWRC to read as follows:
13.40.003 Title.
This chaoter shall be k�own as the Citv of Federai Wav Swimminq Pool Code.
Section 15. A new section is added to Chapter i 3.40 FWRC to read as follows:
13.40.007 Conflicts.
In the case of conflict befinreen this chaoter and any provision requlatinp swimmin4 pools of the Buildinq
Code, the most restrictive shall aaalv.
In the case of conflict between this chapter and anv provision requlatinq swimminq pools of the
Residentiat Code. the provisions of the Residential Code shali applv.
Section 16. Severabilitv. Shou�d 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 secrion, 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 17. 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 18. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Ordinance No. 13-
Page 18 of l9
Rev 1/10
Section 19. Effective Date. This ordinance shall take ef�ect and be in force five (5) days
&om and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
2013.
CTTY 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 19 of 19
Rev 1/10
COUNCIL MEETING DATE: �� I" I(�I�I,
CITY OF �DERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:� _
SUBJECT: LOCAL INFRASTRUCTURE FINANCING TOOL (LIF'I� ORDINANCE IMPOSING SALES 8c USE TAX
POLICY QUESTION: Should the City Council approve the ordinance imposing a local sales and use tax to be
credited against the State sales and use tax for the purpose of utilizing the Local Infrastructure Financing Tool?
COMMITTEE: Finance, Economic Development and Regional Affairs Committee
CATEGORY:
❑ Consent
❑ City Council Business
�I
�
Ordinance
Resolution
MEETING DATE: Apri123, 2013
❑ Public Hearing
❑ Other
STAFF REPORT BY: Tho Kraus, Finance Director DEPT: Finance
Background:
In 2006 the State Legislature authorized a Local Infrastructure Tool (LIFT) program which authorizes the
imposition of local sales and use ta�c to be credited against the taxes otherwise due to the State, resulting in no net
change in tax rate to the taxpayers.
In June 2007 the City submitted its application to the State for LIFT designation, and in September 2007 was
awarded up to $1 Million annually in State contribution of sales and use tax for up to 25 years. The purpose of
these funds is to finance public improvements located within the City Center Revenue Development Area (RDA)
to stimulate redevelopment and economic development
The purpose of this ordinance is to impose the local sales and use tax to be credited against the State sales and
use taaL. The City must pass this ordinance and notify the State by June 1, 2013 in order to implement the LIFT
Tax beginning July l, 2013.
T'he State contribution provides up to $1 Million dollars annually to match local funds. The City may use these
funds for public infrastructure projects within the RDA on a pay-as-you-go basis during the first five years and
a$er that must incur indebtedness through bonds in order to continuing receiving LIFT funds.
The LIFT Tax expires when all indebtedness issued under the LIFT program is retired but not later than July 1,
2038 which is 25 years after the date the LIFT Tax is imposed.
Attachments:
■ Ordinance
Options Considered:
1. Approve the LIFT ordinance imposing the sales and use tax as presented.
2. Deny approval of the LIFT ordinance imposing the sales and use tax and provide direction to staff.
MAYOR'S RECOMMENDATION: Mayor recommends approval of Option 1.
MAYOR APPROVAL: �7���� �/ i��� DIRECTOR APPROVAL:
Commi Cound
d.�V
Initial
COMMITTEE RECOMMENDATION: 1 move to forward approval of the Local Infrastructure Financing Tool
(LIFT) ordinance imposing the sales and use tax to the May 7, 2013 for first reading.
—, �
�
Dini uclos, Bob Celski, � Susan Honda,
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION:
1ST READING OF ORDINANCE (MAY 7, 2013): I move to fonvard approval of the ordinance to the May 21,
2013 Council Meeting for adoption.
2ND READING OF ORDINANCE (MAY 21� 2013): "I move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 13T reading '� '
❑ TABLED/DEFERRED/NO ACTION 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, imposing
a local sales and use tax to be Credited against the State Sales and Use
Tax for purposes of utilizing Local Infrastructure Financing under
Chapter 39.102 of the RCW; and providing for other matters
properly relating thereto.
WHEREAS, in 2006 the State Legislature authorized a Local Infrastructure Financing
Tool ("LIFT Tax") program as set forth in Chapter 39.102 of the RCW which authorizes the
imposition of local sales and use t� to be credited against the taxes otherwise due to the State
under Chapters 82.08 and 82.12 of the RCW, resulting in no net change in tax rate to the
taxpayer;
WHEREAS, on June 19, 2007 the City Council the adopted Ordinance No. 07-555
establishing a Revenue Development Area ("RDA") as required under RCW 39.102.060, for the
purpose of financing public improvements located within the RDA; and
WHEREAS, on September 13, 2007 Community Economic Revitalization Board (the
"Board") approved the City's application granting a project award of up to $1 million annually in
State contribution of sales and use tax for up to 25 years; and
WHEREAS, on August 4, 2009 the Ciiy Council adopted Resolution No. 09-552
selecting 0.094% as the rate of sales and use tax to be imposed under RCW 82.14.475; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Definitions. Capitalized terms not otherwise defined in this ordinance have the
meanings given in RCW 39.102.020, or as hereafter amended.
Ordinance No. 13- Page 1 of 6
Rev 1/10
Section 2. Findin�s. The City Council of the City of Federal Way, Washington (the
"City"), hereby makes the following findings and determinations:
2.1 Based on an analysis of the businesses in the RDA, the City has
determined that State Excise Tax Allocation Revenues are $1,534,594 and the
State Property Tax Allocation Revenues for 2012 are estimated at $15,000.
2.2 The City Council finds that the City has satisfed all prerequisites for
imposing the LIFT Tax and for receiving the State Contribution, including
without limitation, the conditions set forth in RCW 39.102.040 and RCW
82.14.475.
23 Prior to June 30, 2018, the City may incur indebtedness via general
obligation bonds, pursuant to RCW 39.102.150 to finance the Public
Improvements.
Section 3. State-Shared Sales and Use Tax ("LIFT Tax") imposed as of July 1, 2013.
The sales and use tax authorized under RCW 82.14.475 is imposed as of July 1, 2013 as
follows:
3.1 Effective Date and Duration. The sales and use tax authorized by this
ordinance sha11 be imposed and become effective as of July 1, 2013. It sha11 expire when
all indebtedness issued under the authority of RCW 39.102.150 is retired and all other
contractual obligations relating to the financing of public improvements under RCW
39.102 are satisfied, but not later than July 1, 2038, which is twenty-five years after the
date the LIFT Tax is first imposed.
3.2 Rate. The tax rate shall initially be set at 0.094% of the selling price (in
Ordinance No. 13- Page 2 of 6
Rev 1/10
the case of a sales tax) or value of the article used (in the case of a use tax). The ta�c rate
may be adjusted by resolution of the City Council from time to time so that it is set at the
rate reasonably necessary to receive the sta.te contribution over ten months, in accordance
with RCW 82.14.475(3)(b), but shall not exceed the rate of 0.094% established by
Resolution No. 09-552.
3.3 Use of LIFT Tax Receipts. Subject to RCW 39.102.195, receipts of the
LIFT Tax may be applied either to provide for the payment of debt service on bonds
issued under RCW 39.102.150 by the City or to pay public improvement costs on a pay-
as-you-go basis, or both.
3.4 Other Statutorv Requirements.
1) In accordance with RCW 82.14.475(7):
a) The LIFT Tax authorized by this ordinance shall first be imposed on
July 1, 2013, which is the first day of the Staxe fiscal year.
b) The cumulative amount of LIFT Tax distributions received by the City
in any fiscal year shall not exceed the amount of the State contribution.
c) The LIFT Tax shall cease to be distributed to the City for the
remainder of any State fiscal year in which either:
i. The amount of tax received by the City equals $1 Million, or
the amount of State Contribution as defined in RCW
39.102.020(28).
ii. The amount of revenue from taxes imposed under this section
by all sponsoring and cosponsoring local governments equals
Ordinance No. 13- Page 3 of 6
Rev 1/10
the annual state contribution limit; or
iii. The amount of tax received by the sponsoring local
government equals the amount of project awazded granted in
the approval notice described in RCW 39.102.040;
d) Neither the Loca1 Excise Tax Allocation Revenues nor the Loca1
Property Tax allocation revenues may constitute more than 80% of the
total local funds as described in RCW 39.102.020(28)(b). This
requirement applies beginning January 1, 2018, which is the fifth
calendar year after the calendar year in which the sponsoring local
government begins allocating local excise tax allocation revenues
under RCW 39.102.110.
2) The LIFT Tax shall be distributed again, should it cease to be distributed
for any reason provided in (c) of this subsection 3.4, at the beginning of
July lst, the next State fiscal year, subject to the restrictions in RCW
82.14.475.
3) Any revenue generated by the LIFT Tax in excess of the amounts
specified in (1)(c) of this subsection 3.4 shall belong to the State of
Washington.
4) In accordance with RCW 82.14.475 (11), if the City fails to comply with
RCW 39.102.140, no t� will be distributed in the subsequent State fiscal
yeax until such time as the City complies and the Department calculates
the state contribution amount for such State's fiscal year.
Ordinance No. 13- Page 4 of 6
Rev 1/10
5) In accordance with RCW 82.14.475(16), the LIFT Tax shall cease to be
imposed if the City fails to issue indebtedness pursuant to RCW
39.102.150, or fails to commence construction on public improvements,
by June 30, 2018, which is the fifth fiscal year in which the LIFT T� is
imposed.
Section 4. Severabilitv. 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 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall take effect and be in force thirty (30)
days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
Ordinance No. 13- Page S of 6
Rev 1/10
2013.
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 6 of 6
Rev 1/10