AG 20-964 - Kiewit Bridge and Marine TURN TO. EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATINGDEPT./DIV: Police Department
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2. ORIGINATING STAFF PERSON: Lynette Allen EXT: 6701 3, DATE REQ By: ASAP
4. TYPE OF DOCUMENT`(CHECK ONE):
El CONTRACTOR SELECTION DOCUMENT(E.G.,R-F B,RFP,RFQ)
El PUBLIC WORKS CONTRACT E) SMALL OR LIMITED PUBLIC WORKS CONTRACT
i-i PROFESSIONAL SERVICE AGREEMENT' El MAINTENANCE AGREEMENT
El GOODS AND SERVICE AGREEMENT FJ HUMAN SERVICES/CDBG
El REAL ESTATE DOCUMENT 71 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
* ORDINANCE 0 RESOLUTION
0 CONTRACT AMENDMENT(AG#):_ 0 INTERLOCAL
* OTHER Extra Duty Agreement
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5. PROJECT NAME: Kiewit Extra Duty Police Services Agreement
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6. NAME OF CONTRACTOR: Kiewit Bridge and tNarine
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ADDRESS� 2505S 32011hS�reel,Federa�Way,WA98006 TELEPHONE Colt 808-425-2150
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E-MAIL:colt,savage@kiewit corn ..........--- FAX:........
................... TIT'LE
SIGNATURENAIAE: CNef-(),per-ations Officer................ ......
7, FXI-111.31TS AND ATTACHMENTS:[.1 SCOPE,WORK OR SERVICES E COMPENSATION 0 INStJRANCEREQL,JlREMFN'fS/CE.RTIFICA,'I'E DALL
OTHER RFFERENCEDEXI-11BITS El PROOF OFAUTHORrrYT0 SIGN D REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
K. TERM: COMMENCEMENT DATE: When signed COMPLETION December3l,2021
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9. TOTAL COMPENSATION$Kiewit will pay the City for Officers (INCLUDE EXPENSES AND SALES TAX,I F ANY)
(IF CALCULATED ON HOURLY LAB6ii -A TACIT SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REiMBURSABLE EXPE`NSE.DYES EINO IF YES,MAXIMUM DOLLAR AMOUNT: -—---------
Is SALES TAX OWED OYES [ONO IF YES,$ PAID BY:D CONTRACTOR 0 CITY
RETAINAC3YE: RETAINAGEAmOUNT: --EIRETAINAGEAGREEMENT(SEE CONTRACT) OR EIRE'TAINAGE BOND PROVIDED
0 PURCHASINGY! PLEASE CHARGE TO: NIA
10. DOCUMENT/CONTRACT REVIEW I N IT]AI,/DAIL RW0 1Nl D N r',',\M'1, Qy DF��1 ,
11 PROJECT MANAGER ....... ................. ......
�4 DIRECTOR ............. .......
LI RISI<MANAGEMENT (IFAPPLfCABLE) --—------------------ ................. ................
A LAW DK 7-1-20
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11, COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE:I---- COUNCIL APPROVAL DATE:_,,,,,,,,_,__
12. CONTRACT SIGNATURE ROUTING
D SENTTO VENDORICONTRACTOR DATE SENT: DATE REC'D:,,—
El AFTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
El CREATE ELECTRONIC REMINDS OTIFICAFION FOR I MONTH PRIOR TO EXPIRATION DATE
(Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
IN FFIA 1, DAB I`F'l S IGNED
El LAW DEPARTMENT
0 SI GNATRY(MYORR D OR .......
Fj CTINCIAO"RK. A
ASSIGNED AG4 0'wg"N�l. ......
COMMI=,"N,rs:
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2/2017
CITY OF FEDERAL WAY
EXTRA DUTY POLICE SERVICES AGREEMENT
This agreement is made and entered into this 7th day of October 2020 by and
between the City of Federal Way, Washington (hereafter "City") and Kiewit Infrastructure West
Co.,Business#I 9-104030-00-BL
WHEREAS, Kiewit operations will occur in and around the City;
VMEREAS, Kiewit seeks to contract with the City for police related services or
assistance for Traffic Control for the F200—Federal Way Link Extension Project; and
WHEREAS, the City normally has resources available and is able to provide duly
commissioned law enforcement officers to provide police related services to Kiewit subject to the
teens and conditions set forth in this Agreement and the approval of the City's Chief of Police or
Designee; and
WHEREAS, the duly commissioned officers who may provide such service will be
assigned to extra duty under this contract during their off-duty hours which will not conflict with
their law enforcement obligation to the City; and
VMEREAS, the parties intend that the City be reimbursed, as nearly as possible for its
cost of providing policing services to Kiewit and that there shall be neither profit nor subsidy in
the rates for such services; and
NOW,THEREFORE,the parties agree as follows:
1. PURPOSE,
The purpose of this agreement is for the City to provide Kiewit with law enforcement
services through the Federal Way Police Department(FWPD). It is the intent of all parties that the
services provided herein shall be provided to Kiewit for Traffic Control in and around the area of
the F200—Federal Way Link Extension Project.
2. SCOPE OF PERFORMANCE.
The City shall provide Kiewit with extra duty police officer services upon request by
Kiewit. The parties acknowledge that the number of officers and number of hours requested by
Kiewit may fluctuate depending o ewit's needs. Service provided by the City will be as is
gcnerally described below:
(a) Number of officers: As requested by Kiewit subject to the approval of
the City's Chief of Police or designee, and the availability of off-duty
police officers, Coverage is not guaranteed.
(b) Hours and dates to be worked: will vary depending on the dates and
times Kiewit needs traffic control on City streets,
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(c) Specific location of service: as requested by Kiewit, subject to the
approval of the City's Chief of Police or designee. Kiewit requests
service in the areas of the F200-Federal Way Link Extension Project.
(d) Duty of officers: the officers assigned to traffic control for Kiewit shall
provide law enforcement services within the City. Such services shall
include but are not limited to addressing issues of safety and security.
These services shall be provided in full uniform and shall be
accompanied by a marked or other authorized police vehicle.
It is the expectation of the parties that the officers scheduled for a pre-
determined off-duty shift for Kiewit will be present to complete their
shifts, except for the following circumstances: FWPD agency callback,
late call/report from primary employment, family emergency, personal
illness, all of which will be considered excused. The officers understand
that it is their responsibility to make appropriate notification to FWPD
management and attempt to find a replacement for their shifts.
(e) The City shall maintain records relating to the administration of this
agreement and staffing for same.
3- ADMINISTRATION OF PERSONNEL.
All personnel assigned to Kiewit shall be employed by the City and governed by the
City and FWPD laws, rules,policies and collective bargaining agreements. Recruitment,
replacement, and performance of all personnel shall be in accordance with such City laws,
rules,policies, and agreement; provided however, that Kiewit may communicate
performance concerns regarding FWPD personnel to the City's Chief of Police. Any
assignment or re-assignment of personnel will be at the sole discretion of the City's Chief of
Police.
4. CONTRACT TERM.
The term of perfon.nance of the contract shall be from October 1,2020 through
December 31, 2021.
Either party may terminate this Agreement for any reason and at any time when, in its
sole discretion, it is in the best interest of the terminating party, by giving ninety(90)days
prior written notice to the other party, The to of this agreement may be extended only upon
the mutual written agreement between the parties, and subject to approval of their governing
boards or the city councils.
5. COMPENSATION.
Kiewit shall pay the City as full reimbursement for all police services furnished under
this contract a fee of$80.00 per hour, per officer, in calendar year 2020, with the exception
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of various holidays. On these holidays, the rate is $98.00 per hour,per officer: January 1
(New Year's Day),July 4 (Independence Day),Thanksgiving Day,the day after Thanksgiving,
December 24,December 25 (Christmas), and December 31. Police Officer time will be invoiced
as follows:
(a) Once an officer arrives at the job site, the job is billed for the entire
duration as it was originally requested. (For example, if Kiewit requested
an officer for 8 hours and the job was completed in 4 hours {or it is
cancelled after the officer arrives), the job is billed for the entire 8
hours.)
(b) There is a 3-bour minimum for each job. (For example, a job that is
scheduled for one hour is billed as three.)
(c) If a job is cancelled for any reason with less than 24-hours notice and
before the officer arrives at the job site, the job is billed at the 3-hour
minimum.
(d) If Kiewit needs change orders to adjust dates and/or times after an
officer is signed up for the original job posting, Kiewit will be billed the
3-hour minimum for each shift change.
(e) Officers must be given breaks and lunch time according to the Federal
Labor Standards Act(FLSA).
Beginning January 1, 2021 forward, the hourly rates may increase in correspondence
with the Federal Way Police Guild bargaining agreement with the City.
It is agreed that officers will be paid in 1/4 of an hour increments during times when
officers work beyond their assigned shifts to complete reports and/or other law enforcement
duties related to traffic control for Kiewit.
This Contract value not to exceed Eighty Thousand Dollars ($80,000)
G. PAYMENT.
Kiewit shall reimburse the City for law enforcement services described herein
pursuant to the all-inclusive payment rate shown above. The City shall invoice Kiewit on or
about the 20t" of the month following the service and include detailed service information,
including actual service hours. Payment shall be made by a check payable to the City of
Federal Way and sent to the City within thirty (30) calendar days after receipt of invoice.
Payments to the City that are received later than thirty (30) days following the invoice dates
shall accrue interest at the rate of twelve percent (12%) per annum on the balance due. All
payments shall first be applied to the accrued interest.
Kiewit shall not be financially liable for scheduled law enforcement services which
are not actually performed if non-performance occurred because an officer was unable to
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complete his/her shift. However, Kiewit is financially liable for scheduled law enforcement
services at the designated hourly minimum in all other circumstances.
7. DUTY STATUS.
Each police officer assigned to work, pursuant to this contract, is subject to call or
assignment elsewhere by the City's Chief of Police or the Chief's designee, at any time for
emergencies, special assignment, or overtime duty. Extra duty employment shall not infringe
or interfere with the officer's primary obligations associated with his or her employment
obligations to the City.
8. ADHERENCE TO CITY POLICIES AND PROCEDURES-SCOPE OF WORK.
Police officers engaged in extra'duty employment are obligated to discharge all duties of
their office and adhere to the City's police department policies and procedures at all times. Such
officers shall obey, uphold and enforce the laws of the City and State of Washington and the
Constitutions of the State of Washington and the United States of America at all times. Such
officers shall understand that while they are on duty or engaged in extra duty assignment under
this contract, they may remain subject to the supervision, direction, and/or discipline by the City,
and subject to any applicable collective bargaining agreement in effect with the City. Police
officers performing work pursuant to this contract shall only provide law enforcement and/or
peacekeeping services as specified in Section 2(d) of this contract and they are at all times while
performing said services subject to the direction and control of the City police department only.
9.NO SPECIAL DUTY TO CONTRACTOR OR OTHERS.
Police officers on extra duty assignment have a primary obligation to the City,not Kiewit.
They are expected to discharge all duties of their office while performing pursuant to this contract
and are not required to perform any non-law enforcement/peacekeeping functions for Kiewit.
Furthermore,this contract and performance thereof by the City police officers shall not create any
special relationship with any person or duties to protect any specific persons from harm or injury
including the party signing this contract. The law enforcement/peacekeeping duties to be
performed pursuant to this contract are the same in extent and scope as those provided by police
officers to every member of the public.
10. NONDISCRIMINATION,
The parties shall not discriminate on the basis of race, color, sex, religion, national origin,
creed, age or the presence of any sensory, mental or physical handicap. The City and Kiewit
certify that they are equal opportunity employers.
11. INDEPENDENT CONTRACTOR.
The City is, and shall at all times be deemed to be, an independent contractor.Nothing
herein contained shall be construed as creating the relationship of employer and employee, or
principal and agent,between Kiewit and the City or any oftbe City's agents or employees. The City
shall retain all authority for rendition of services, standards ofperformance, control of personnel,
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and other matters incident to the performance of services by the City pursuant to this
Agreement.
Nothing in this agreement shall make any employee of Kiewit a City employee or
any employee of the City a Kiewit employee for any purpose, including,but not limited to,
for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51
RCW, or any other rights or privileges accorded City or Kiewit employees by virtue of
theirs loyment.
12. INSURANCE COVERAGE.
The City shall maintain at all times during the course of this agreement a general
liability insurance policy or other comparable coverage with a self-insured retention of no
more than$500,000.00 and a policy limit of no less than$5,000,000.00 dollars.
13. LIABILITY AND INDEMNIFICATION.
Each party shall be responsible and liable for the consequences of any act or failure
to act on the part of itself, its employees or officers. While providing services hereunder, the
acts or omissions of extra duty officers in the course and scope of supporting or otherwise
providing services to ewit under this Agreement shall be deemed to be acts or omissions of
City employees which shall be the sole responsibility of the City. Each party shall be
responsible for its own negligence and that of its employees. Each party shall defend,
indemnify and save harmless, the other party or the other party's officers, employees and
agents from any and all costs, claims, judgments or awards of damages, resulting or arising
from the acts or omissions of the indemnifying party, its officers or employees arising out
of or in connection with the performance of this agreement. This indemnity provision shall
survive the expiration or ten-nination of this Agreement but apply only to acts or omissions
occurring during the life of the Agreement.
14. DISPUTE RESOLUTION.
In the event of a dispute in the administration of this agreement, the ewit CEO or
designee shall discuss the dispute with the City's Chief of Police in an attempt to resolve the
problem. If ewit CEO and the City's Chief of Police are unable to resolve a claim or
dispute stemming from this Agreement, the parties agree to participate in non-binding
mediation before a third-party professional mediator, whose selection will be mutually
agreed upon. The cost of mediating the dispute will be borne equally by both parties, and
mediation should occur within thirty (30) days of a request by either party to engage in
mediation.No claim or suit may be brought until the dispute resolution procedures as set
forth in this section have been exhausted, If dispute resolution efforts under this section are
not successful, either party may institute legal action to enforce the terms and conditions of
this agreement. Exclusive jurisdiction for any such dispute shall be King County Superior
Court, Washington.
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15, NOTICES
All notices and other material to be delivered under this contract shall be in writing and
shall be delivered or mailed to the following address:
City of Federal Way
33325 8"'Ave. S.
Federal Way,WA 98003
Attn: Chief of Police
Kiewit Infrastructure West Co.
2505 S. 320th Street
Federal Way,WA 98003
Attn: Chief Operations Officer
Or such other addresses as either party may, from time to time, designate in writing,
16, SIGNATURES.
The parties agree that all signatures,whether original, electronic, scanned, copy or
faxed on this agreement will be considered originals.
17. SEVERABILITY.
If any of the provisions contained in this Agreement are held illegal,
invalid or unenforceable,the remaining provisions shall remain in full force and
effect.
18. CONFLICTS,
In the event of a conflict between any other agreements between the parties, this
Agreement shall govern.
19. ENTIRE AGREEMENT,
No modification or amendment of this contract shall be effective unless in writing
and signed by authorized representatives of the parties after approval of their respective
governing bodies. This contract contains the entire agreement between the parties and may
not be enlarged, modified or altered except in writing signed by the parties.
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In WITNESS ➢vere.ot, the parties have exeCUted this Agreement on this date,the fth .... day of ton'eir 2020,
(::°I.TY of FEDERAL WAY K.Je mt I����.��r�a� k�sa���'�� �>� o.
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.Andy J Hwang, Chief of Police Date
Vice President
A,I�Troved as to legal 4"OIT11 OTfly. ppro%;ed as to legal i'caaai only;
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Ryan CaH, City Ana Triey l ate . � �a�umn�ui����al :aaua�ia�ya���
COUNCIL MEETING DATE: November 17,2020 ITEM#: 5k-
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Kiewit Bridge and Marine Extra Duty Police Services Agreement
POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department enter into an
agreement with Kiewit for extra duty police services?
COMMITTEE: PRHS&PSC MEETING DATE:Nov. 10, 2020
CATEGORY:
® Consent El Ordinance ❑ Public Hearing
❑ City Council Business F1 Resolution ❑ Other
STAFF REPORT BY: Lynette Allen, Office Manager and Kyle Sumpter, DEPT: Police Department
Deputy Chief of Police
Attachments:
1. Staff Report
2. City of Federal Way Extra Duty Police Services Agreement
Options Considered:
1. Accept the proposed Extra Duty Agreement
2. Reject the proposed Extra Duty Agreement
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL... ........... Z4'
ROVAL. .bIRECTOR APPROVAL: ��'•%5���
arnrn' ee Initial
COMMITTEE RECOMMENDATION: I move to forward the proposed extra duty police services agreement to the
i n+4eHiin,r-24�-2020
mlsew agendafi)r
' .. „
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: I move approval of the proposed extra duty police services agreement, and
authorize Police Chief Andy Hwang to execute said agreement.
(BELOW TO BE COMPLETED BY CITY CLERKS o FICE)
•1CI]0
COUNCIL BILL#
❑ Lti, 11aI 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# �mmmm mm
REVISED—08/12/2010 RESOLUTION#
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 10, 2020
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Kiewit Bridge and Marine Extra Duty Police Services Agreement
Figanciallni acts;
Costs for this agreement are reimbursed by Kiewit. Overall there should be no negative impact to
City funds or to the police department's operating budget.
Background Information:
Kiewit is looking to set up an agreement for Federal Way Police Extra Duty Officers for the
upcoming F200—Federal Way Link Extension Project. The term of this agreement will be from date
of signatures through December 31, 2021.
Kiewit will pay the City as full reimbursement for all police services; $80 per hour, per officer, in
calendar year 2020 with the exception of various holidays which will be billed out at$98 per hour.
Beginning January 1, 2021 forward the reimbursement rate would increase in correspondence with
the Federal Way Police Guild bargaining agreement with the City.
Officers will work these jobs during their off-duty hours,so there will be no impact to regular police
services for the Federal Way Police Department.
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