Council PKT 02-15-2000 Regular
City of Federal Way
City Council MeetiDg
AGENDA
COUNCILMEMBERS
Mike Park, Mayor
Jeanne Burbidge Linda Kochmar
Michael Hellickson Dean McColgan
Mary Gates Phil Watkins
CITY MANAGER
David H. Moseley
Office of the City Clerk
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b.
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b.
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d.
e.
AGENDA
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
February 15, 2000 - 7:00 p.m.
(www.ci.federal-way. wa. us)
*****
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
PRESENTATIONS
Arts Commission Introductions/Certificates
Human Services Commission Introductions/Certificates
J:rout Unlimited/Presentation to City
City Manager/Introduction of New City Employees
City Manager/Emerging Issues
CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. CiJizens may
address Cily Council at this time. When recognized by the Mayor, please come forward to the podium, adjust the
microphone to proper height, and state your name and addressfor the record. PLEASE LIMIT YOUR REMARKS TO
THREE ß) MINUTES. The Mayor may inte"upt citizen comments that continue too long, relate negatively to other
individuals, or are otherwise inappropriate.
CONSENT AGENDA
(Items listed below have been previously reviewed by a Council Committee of three members and brought
before full Council for approval; all items will be enacted by one motion; individual items may be removed by
a Councilmember for separate discussion and subsequent motion.)
Minutes/February 1. 2000 Regular Meeting
Coundl Bill #243/Speed Limit Code Amendment/Enactment Ordinance
Vadis Contract/Basic Park Maintenance Service
SeaTac Mall Security Contry¡èt
lAC Grant Acceptance
over please. . .
,
(
1.
PCCI Janitorial Services Contract
Softball Umpires Association Contract
Skyhawks Sports Academy Contract
North Fork Hylebos Stream Restoration ProiecúFinal Acceptance & Retainage
Release
2000 Sister Cities Program
f.
g.
h.
J.
VI.
INTRODUCTION ORDINANCE
Council Bill #244/Truck Route/Load Covering Code Amendment
AN ORDINANCE Of THE CITY COUNCIL Of THE CITY Of fEDERAL WAY.
WASHINGTON. AMENDING THE fEDERAL WAY CITY CODE. DESIGNATING VEHICLE
ROUTES AND fOR REQUIRING RIGHT-Of-WAY USE PERMITS DELIVERIES, REQUIRING
COVERING Of VEHICLE LOADS, AND ADOPTING ENVIRONMENTAL POLICIES AS THE
BASIS FOR THE EXERCISE OF MITIGATION AUTHORITY UNDER THE ST ATE
ENVIRONMENTAL POLICY ACT (AMENDING ORDINANCE NOS. 90-40, 91-103, 91-109,
91-114,92-130,92-136,92-137,92-140,93-184,93-202 AND 95-246). .
VTI.
CITY- COUNCIL REPORTS
VTII .
CITY MANAGER REPORT
i
/
IX.
ADJOURNMENT
.. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON TIlE AGENDA ..
MEETING DATE: February 15,2000
ITEM# =rz:={ te)
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CITY OF FEDERAL WAY
City Council
AGENDA ITEM
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.""""."'"...............
SUBJECT: CITY COUNCIL MEETING MINUTES
CATEGORY:
BUDGET IMPACT:
X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMA TION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
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"""""""""""."""""""",
ATTACHMENTS: Minutes for February 1,2000 regular meeting
.
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SUMMARY /BACKGROUND: Official City Council meeting minutes for permanent records
pursuant to RCW requirement.
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CITY COUNCIL COMMITTEE RECOMMENDATION: n/a
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......
CITY MANAGER RECOMMENDATION: Motion to approve official minutes.
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~~~~D FOR INCLUSION IN CO~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
__TABLEDIDEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I: ICO VER. CLERK -1/7/00
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
February 1, 2000 - 7:00 p.m.
MINUTES
DRAFt
I.
CALL MEETING TO 0 RD ER
Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of
7:05 p.m.
Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Council members
Jeanne Burbidge, Mary- Gates, Michael Hellickson, and Dean McColgan. Mayor Park excused
Council member Phil Watkins.
City Staff present: City Manager David Moseley, City Attorney Londi Lindell, and City Clerk
Chris Green.
II.
PLEDGE OF ALLEGIANCE
Councilmember Burbidge led the flag salute.
III.
PRESENT A TIONS
a.
SPIRIT A ward/Month of February
City Manager David Moseley presented February's SPIRIT Award to Community Development
Building Official Mary Kate Gaviglio, and Management Services GIS Supervisor Curt Ryser for
their dedication in the research and implementation of the new Amanda permit tracking system.
He commended them for their professionalism and innovation on this huge undertaking.
b.
Proclamation/St. Francis Hospital
Deputy Mayor Kochmar read and presented the "Top 100 Hospitals Award" proclamation to St.
Francis Hospital's Chief Operating Officer Çheryl Payseno and Boardmember Faye Clerget, who
accepted the proclamation on behalf of St. Francis Hospital and the Franciscan Health System.
City Council Regular Meeting Minutes
February 1,2000 - Page 2
Chief Operating Officer Cheryl Payseno noted since there are over 6000 hospitals in the nation,
this reflects a great honor on the entire Franciscan Health System, since the award was given to
not only St. Francis Hospital, but also St. Clare Hospital and St. Joseph Medical Center. She also
noted the nation would save 31 billion health care dollars a year if all hospitals ran as efficiently as
the top 100 hospitals. Founding and current Boardmember Faye Clerget said she was extremely
proud of the hospital and the service it provides to the community, and thanked the Council for
their recognition.
Proclamation/Chamber of Commerce
c.
Deputy Mayor Kochmar read and presented the "Chamber of Commerce Week" proclamation to
the Chamber's Chairman of the Board Bob Scholes. Mr. Scholes thanked the Council for this
recognition, and noted the Chamber is currently increasing their focus on community service,
registering l8-year olds to vote and recruiting for next year's Advancing Leadership Class.
d.
City Manager/Introduction of New City Employees
City Manager David Moseley announced there are no new city employees.
e.
City Manager/Emerging Issues
City Manager David Moseley addressed the proposed public process for 200 1 /2002 budget
development, which will focus on improving the public's understanding of city services, providing
opportunity for input regarding potential service changes, and soliciting broad based community
participation. To accomplish this, there have been three elements brought forth, including
surveying public opinion, conducting public forums, and community group discussions. He
advised the first two elements will be conducted early in the year, and the third to be conducted
following department proposals.
Mr. Moseley also addressed the process and siting of a new public safety facility as discussed by
Council at their recent Council retreat. The four options Council identified to be analyzed are: (1)
a municipal complex housing the police department, municipal court, and city hall; (2) one
building housing the police department and municipal court and a separate building for city hall;
(3) separate buildings for the police department, municipal court, and city hall; and (4) an
"expandable" police department building that upon its opening would not include city hall, but
could be enlarged to house at a later date.
Councilmember McColgan offered another option of looking at a public/private partnership with
the city being the primary occupant, with option to purchase at a later date. Councilmember Gates
concurred by saying she would like to use that option as a basis for each process.
Mayor Park deferred discussion following additional research and study of all options, which will
then be discussed during a future Council mini-retreat.
City Council Regular Meeting Minutes
February 1, 2000 - Page 3
IV.
CITIZEN COMMENT
Deputy Chief Brian Wilson, as Board of Director for the Federal Way Youth and Family Services,
introduced and welcomed the agency's new Executive Director Pamela Sanchez.
H. David Kaplan, updated citizens on the city-owned blueberry farm project and reminded citizen
volunteers to contact Ed Swan in the city's Community Development Department.
George Le Masurier, announced his departure as publisher of the Federal Way Mirror; he recently
accepted the position of President/CEO of the paper's parent company, Sound Publishing; he said
Stephanie O'Rourke will serve as interim publisher.
V.
CONSENT AGENDA
a.
b.
a.
b.
Minutes/January 18. 2000 Regular Meeting - Approved
Vouchers/February 1. 2000 - Approved
Monthly Financial Report/Month of December 1999 - Approved
Year 2000 Asphalt Overlay Program Preliminary Project List/Authorization to Bid -
Approved
SR99 - So 312th St to So 324th St Improvement Project/30% Design Status Report -
Approved
c.
COUNCILMEMBER GATES MOVED APPROVAL OF THE CONSENT AGENDA AS
PRESENTED; COUNCILMEMBER BURBIDGE SECOND. The motion passed as follows:
Burbidge
Gates
Hellickson
Koch mar
yes
yes
yes
yes
McColgan
Park
Watkins
yes
yes
excused absence
VI.
CITY COUNCIL BUSINESS
a.
Arts Commission Appointments
The following 3-year appointments for the Arts Commission were made as a result of Council
interviews held earlier this evening:
Donna Welch, Commissioner
Bette Simpson, Commission~r
Ted Nelson, Commissioner
Lana Bostic, Alternate
Ronald Smith, Alternate
City Council Regular Meeting Minutes
February 1,2000 - Page 4
b.
Human Services Commission Appointments
The following 3-year appointments for the Human Services Commission were made as a result of
Council interviews held earlier this evening:
Kevin King, Commissioner
Karen Pettingell, Commissioner
Donald Putman, Commissioner
Rosie Anderson, 3rd Alternate
David Larson, 2nd Alternate
DEPUTY MAYOR KOCHMAR MOVED APPROVAL OF THE ABOVE SLATE OF
3- YEAR APPOINTMENTS TO THE ARTS AND HUMAN SERVICES COMMISSIONS;
COUNCILMEMBER BURBIDGE SECOND. The motion passed as follows:
Burbidge
Gates
Hellickson
Koch mar
VII.
yes
yes
yes
yes
McColgan
Park
Watkins
yes
yes
excused absence
INTRODUCTION ORDINANCE
Council Bill #243/Speed Limit Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING FEDERAL WAY CITY CODE ARTICLE III, SECTION
15-59, RELATING TO SCHEDULE OF MAXIMUM SPEED LIMITS WITHIN THE
CITY OF FEDERAL WAY (AMENDING ORDINANCE NO. 93-177)
DEPUTY MAYOR KOCHMAR MOVED COUNCIL BILL #243/SPEED LIMIT CODE
AMENDMENT TO SECOND READING/ENACTMENT AT THE FEBRUARY 15, 2000
COUNCIL MEETING; COUNCILMEMBER BURBIDGE SECOND. The motion passed as
follows:
Burbidge
Gates
Hellickson
Koch mar
VIII.
yes
yes
yes
yes
McColgan
Park
Watkins
yes
yes
excused absence
CITY COUNCIL REPORTS
Councilmember Gates announced she will be attending the following meetings: Sound Transit
workshop on February 5; City Day in Olympia on February 9, which will be coordinated with
Derek Matheson; and the Lodging Tax Advisory Committee on February 11. She also updated
Council on various regional issues.
City Council Regular Meeting Minutes
February 1, 2000 - Page 5
Councilmember Burbidge reported the next meeting of the Parks/Recreation/Human Services/
Public Safety Committee will be held on Monday, February 14, at 12:00 noon; and noted she will
be attending the South King County Human Services Board in Kent on Thursday, February 9. She
announced Centerstage is premiering a new play at the Knutzen Family Theatre beginning this
Thursday.
Council member Hellickson reported he recently attended A WC's 'Welcome to City Hall'
workshop in Spokane, and gave kudos to city staff on "doing a better job" than A WC, in
preparing and providing important information to incoming Councilmembers.
Councilmember McColgan had no reports this evening.
On behalf of Councilmember Watkins, Mayor Park reported the next meeting of the Land Use/
Transportation Committee will be held on February 14, at 5:30 p.m.
Mayor Park reported he will be attending A WC's Legislative Conference on February 9-10, in
Olympia, and encouraged other Councilmembers to attend. He also addressed the topic of the
formation of a public utilities, which, he stated, is very complicated and sensitive. He asked for
this issue to be revisited in six to twelve months, with city staff continuing to monitor and inform
Council members on the changing legislation facing other cities, e.g., Lakewood and Olympia.
Deputy Mayor Kochmar reiterated the comments of Mayor Park regarding the public utilities
issue; she noted the Council is looking at all aspects, and is moving forward very cautiously. She
commended the Arts and Human Service Commission applicants for their continued interest in
serving the city, and commented on the outstanding quality of all citizens applying for openings on
the commissions.
IX.
CITY MANAGER REPORT
City Manager David Moseley reported Mayor Park will present his 'State of the City' address
during the Chamber's luncheon at the King County Aquatics Center on February 2, at 11:30 a.m.
Mr. Moseley said he was happy to report the city's crime rates for 1999 showed a decline, which
they have done each year since 1995; the report is based on the eight major crimes reported
monthly to the FBI.
He extended an invitation to staff and citizens to attend the city's 10th anniversary celebration to be
held on Monday, February 28th, from 5:30-8:00 p.m., at city hall; included will be a photo
exhibit sponsored by the Federal Way Historical Society, as well as tours of the public safety,
municipal court and city hall facilities. .
City Council Regular Meeting Minutes
February 1, 2000 - Page 6
Mr. Moseley announced the Transportation Improvement Board has approved 2.5 million dollars
in funding for the second phase of Pacific Highway, between 324th and 340th street, including
sidewalk and landscaping upgrades.
The City Manager noted that on Monday, February 8, the Federal Way Big Brothers and Big
Sisters office will be hosting an open house. The office is located on 331 st and Pacific Hwy South;
for specific directions please contact the City Manager's Office.
He announced the departure of David Wilbrecht, the city's Deputy Director of Parks &
Recreation. Mr. Wilbrecht has accepted a position as Parks Director for the City of Mammouth,
California; his last day will be Friday, February 18.
Mr. Moseley reported on the current hiring freeze, in light of reduced revenues due to the passage
of 1-695. The City currently has 24 vacant positions, which accounts for approximately 8% of the
total staff workforce. He noted some of the positions may be filled as he continues to evaluate the
needs of service. He reported the hiring freeze has achieved substantial savings to the city; he
expressed his appreciation to the directors and staff who are learning to work smarter.
The City Manager requested an executive session for purposes of discussing potential-pending
litigation pursuant to RCW 42.30.11O(l)(i), which will last approximately twenty minutes.
x.
EXECUTIVE SESSION
Potential-Pending Litigation/Pursuant to RCW 42.30.110(1)(i)
At 8:00 p.m., Mayor Park announced Council will be recessing to an executive session for twenty
minutes.
At 8:20 p.m., Assistant to the City Manager Derek Matheson announced an additional fifteen
minutes is necessary. Council returned to chambers at 8:35 p.m.
XI.
ADJOURNMENT
There being no further business to come before the Federal Way City Council, Mayor Park
adjourned the regular meeting at 8:35 p.m.
N. Christine Green, CMC
City Clerk
IS-
MEETING DATE: February/'2000
vtb-)
-
ITEM#
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CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Speed Limit Code Amendment
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...........................................................
CATEGORY:
BUDGET IMPACT:
X CONSENT
Å ORDINANCE
BUSINESS
HEARIN G
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
..............................................................................................................................................,.........,..............................................
............................................................
ATTACHMENTS: Attachment A - Memo to LUTC; Attachment B - Draft Ordinance
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6)
7)
8)
9)
10)
SUMMARYIBACKGROUND: Citizen requests for the revision of five of the existing speed limits on
major streets have been received this year. In reviewing the existing code language, staff discovered that
the code language has not kept pace with annexations. Some streets that currently have posted speed limits
are not described in the code, resulting in a defacto speed limit of 25 mph. Hence, posted speed limits are
not consistent with existing code.
Staff recommends revising Federal Way City Code Section 15-59 as shown in Attachment 1 and
summarized as follows:
1. S 304th Street between Pacific Highway S and Military Road S: reduce the speed limit from 35 to
30 mph.
SW 312th Street between pI Avenue S and 8th A venue SW: maintain the existing 35 mph limit.
23rd Avenue S between S 312th Street and S 317th Street; Maintain the existing 30 mph speed limit.
SW 342nd Street between 35th Avenue SW and Hoyt Road SW: reduce the speed limit from 35 to 25
mph.
SW 356th Street between 151 A venue S and 20th A venue SW: increase the speed limit from 35 to 40
mph.
S 320th Street between Interstate 5 and east city limit: maintain the existing 40 mph zone.
Weyerhaeuser Way S between S 320th Street and S 349th Street: maintain the existing 35 mph zone.
S 336th Street between Interstate 5 and Weyerhaeuser Way S: maintain the existing 35 mph zone.
S 344th Street between Weyerhaeuser Way S and east city limit: maintain the existing 35 mph zone.
Milton Road S between Enchanted Parkway Sand S 369th Street: Maintain the existing 35 mph zone.
2.
3.
4.
5.
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CITY COUNCIL COMMITTEE RECOMMENDATION: On it's January 10,2000, meeting, the Land
Use / Transportation Committee recommended the approval ofthe staff recommendation, with the exception
of reducing the speed limit on 23rd Avenue S between S 3121h Street and S 3171h Street to 25 mph.
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CITY MANAGER RECOMMENDATION: Motion to approve the Land Use / Transportation
Committee recommendation, as outlined in Attachment B, and move to second reading on February 15,
2000.
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APPROVED FOR INCLUSION IN COUNCIL PACKET:
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
I:\speedlimitsagend. wpd
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
~'!-5
02/0// DO
_APPROVED
DENIED
T ABLED/DEFERRED/NO ACTION
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DATE:
December 31, 1999
TO:
Phil Watkins, Chair
Land Use / Transportation Committee
FROM:
Rick Perez, City Traffic Engineer
SUBJECT:
Speed Limit Ordinance Update
BACKGROUND
Citizen requests for the revision of five of the existing speed limits on major streets have been
received this year. In reviewing the existing code language, staff discovered that the code
language has not kept pace with annexations. Some streets that currently have posted speed limits
are not described in the code, resulting in a defacto speed limit of 25 mph. Hence, posted speed
limits are not consistent with existing code.
The City Council has authority to determine all speed limits in Federal Way, except on state
highways where the Washington State Transportation commission has sole authority. Streets not
explicitly defined in the code default to the state maximum speed limit, which is 25 mph on city
streets.
Citizen requests include the following locations:
. S 304th Street between Pacific Highway S and Military Road S;
. SW 312th Street between ¡st Avenue S and 8th Avenue SW;
. 23rd Avenue S between S 312th Street and S 317th Street;
. SW 342nd Street between 35th Avenue SW and Hoyt Road SW;
. SW 356th Street between 1 5t A venue S and 20th A venue SW.
Streets where posted limits exist that are not defined by code include the following:
. S 320th Street between Interstate 5 and 1000 feet east of Weyerhaeuser Way;
. Weyerhaeuser Way S between S 320th Street and S 349th Street;
. S 336th Street between Interstate 5 and Weyerhaeuser Way S;
. S 344th Street between Weyerhaeuser Way Sand 1500 feet east of Weyerhaeuser Way;
. Milton Road S between Enchanted Parkway and S 369th Street.
ANALYSIS
The federal Manual on Uniform Traffic Control Devices, adopted by the city in FWCC Section
22-1476, lists the following criteria for determining appropriate speed limits:
.
Road surface characteristics, shoulder condition, grade, alignment, and sight distance;
The 85th percentile speed and pace speed;
Roadside development and culture, and roadside friction;
Safe speed for curves or hazardous locations within the zone;
Parking practices and pedestrian activity;
Reported accident experience for a recent 12-month period.
.
.
.
.
.
Another criterion that staff would consider is consistency with speed limits on similar streets.
The Institute of Transportation Engineer's Traffic Engineering Handbook provides the following
rationale and guidance for setting speed limits:
.
"Proper use of speed regulation is based on the recognition that lower speed reduces
stopping distances and generally reduces severity of accidents. "
"Speed regulations and speed limits are intended to supplement motorists' judgement in
determining speeds that are reasonable and proper for particular traffic, weather, and
roadway conditions. "
"However, if drivers do not consider speed regulations to be reasonable, the limits will
be disobeyed and lose much of their value."
".. . the more a driver deviates from the average speed of traffic, the greater his or her
chance of being involved in an accident. "
"The 85th percentile speed as determined by speed studies is a principal factor to be used
in the determination of proper speed limits. It is generally assumed that 85 % of drivers
operate at speeds that are reasonable and prudent for the conditions present in each
situation. Hence the 85th percentile speed of a spot-speed distribution is a first
approximation of the speed zone that might be imposed, subject to consideration of other
factors, as listed above [citing MUTCD criteria]."
.
.
.
.
The 85th percentile speed is the speed that 85 percent of the sampled vehicles are not exceeding.
The pace speed is the 10 mph range of speeds that contain the largest percentage of sampled
vehicles. The pace speed is an important indicator of safety, as the probability of being involved
in a collision increases as speed varies from the majority of other vehicle speeds.
It should also be noted that several studies have demonstrated that 85th percentile speeds do not
vary appreciably as a result of changes in speed limits without consistently heavy enforcement.
To the extent that changes in speed limits increases variation in speeds between those that follow
speeds limits and those that continue to drive as before, collision rates could actually increase if
a speed limit is set too low.
Analysis of each citizen request follows.
S 304th Street between Pacific Highway S and Military Road S
S 304th Street is a two-lane principal collector with a posted speed limit of 35 mph. It has paved
shoulders that vary in width from 2 to 6 feet. The horizontal alignment is straight, with several
vertical curves that restrict stopping sight distance to 25 mph. The 85th percentile speed is 42 mph
and the 10 mph pace is 35 to 45 mph with 73 % within this range. Adjacent land use is single
family residential, with several lots having short frontage on the street resulting in a relatively
high driveway density. Several streets and driveways have restricted sight distance due to crest
vertical curves and landscaping. There is little parking activity in the roadways shoulders.
Although there is limited pedestrian activity, portIons of the street would be a designated safe
walking route to Wildwood Elementary, Sacajawea Junior High, and Federal Way High Schools.
In 1994 through 1996, the corridor collision rate is 18.00 collisions per million vehicle miles,
compared to a city-wide average for principal collectors of 11.53. High collision intersections
are located at Military Road a collision rate of 1.19 (which has since been improved) and at
Pacific Highway S with a collision rate of 1.12. Both ofthese locations experienced this collision
rate primarily due to the lack of left-turn lanes. .
The high collision rate and the number of crest vertical curves with inadequate sight distance
supports a reduction in the speed limit, but the current 85th percentile and pace speeds suggest that
the speed limit should be 40 or 45. The citizen request is to lower the speed limit to 25 mph to
improve safety. Based on the collision experience, staff's recommendation is to lower the speed
limit to 30 mph between Pacific Highway S and 28th Avenue S.
SW 312th Street between 1st A venue S and 8th A venue SW
SW 312th Street is a two-lane minor arterial with a posted speed of 35 mph. Shoulders are
surfaced with a combination of gravel and asphalt concrete, with gentle grades and a horizontal
curves with a design speed of 45 mph. The 85th percentile speed is 44 mph and the 10 mph pace
speed is 35 to 45 with 78 % of drivers in this range. The roadside is lightly developed with single-
family residential, some retail uses, and a large church. A crest vertical curve near 2nd Avenue
SW limits sight distance, but is consistent with the design speed of the roadway. There is little
on-street parking, and pedestrian use is light, but the street is a safe walking route for students of
Lake Grove Elementary and Lakota Junior High Schools. Also, the church uses a marked
crosswalk to a small beach on Mirror Lake for recreational activities which generates significant
pedestrian volumes on warm summer days. The corridor collision rate is 1.87 collisions per
million vehicle miles, compared to a City-wide average of 4.55 for minor arterials. There are no
high collision rate intersections on this segment of SW 312th Street.
The petitioners cite the lack of sidewalks, improved sense of community, demonstrating a
commitment to a more pedestrian-friendly environment, and minimal cost as rationale for reducing
the speed limit to 25 mph. However, the petitioners' request does not cover other segments of
SW 312th Street with. similar geometric conditions and higher pedestrian volumes in the vicinity
of Lakota Junior High School. Existing vehicle speeds suggest that a 45 mph speed limit would
be more appropriate, and collision data suggests that these speeds are not particularly unsafe.
However, based on pedestrian usage and citywide consistency, staff recommends that this speed
zone remain 35 mph.
23rd Avenue S between S 312th Street and S 317th Street
23rd Avenue S is a three-lane principal collector with bike lanes, curbside sidewalks, and street
lights, and a posted speed limit of 30 mph. Grades vary between 2 and 8 percent, resulting in
crest vertical curves that restrict sight distance to the 30 mph design speed. There is also a
horizontal curve that restricts sight distance to design speeds of 25 mph at the intersection of S
316th Street. The 85th percentile speed is 34 mph, with a 10 mph pace speed of 23 to 32 mph with
58% within that range. Adjacent properties are commercial, retail, and elderly housing. No on-
street parking is permitted, and pedestrian activity is relatively high. The corridor collision rate
is 4.38 collisions per million vehicle miles between S 312th Street and S 316th Street, but rises to
26.98 between S 316th Street and S 317th Street, compared to a citywide rate on principal
collectors of 11. 53. The mileage-weighted collision rate is 10.74. The latter segment is driven
higher by a high collision rate intersection at S 317th Street, which has a collision rate of 1. 06
collisions per million entering vehicles. This intersection will be signalized with as part of the
23rd A venue S widening project between S 317th Street and S 324th Street. Other collector streets
in City Center are posted at 25 mph.
23rd A venue S was restriped to the existing configuration from 4 lanes as a result of concerns of
pedestrians between elderly housing complexes on the east side and Hillside Plaza on the west
side. In addition, a raised median island was installed on the north leg of the intersection of S
314th Street (a private street providing access to Hillside Plaza). Due to the location of the island
and out-of-direction travel required by users to stay on sidewalks in Hillside Plaza, many
pedestrians prefer to cross mid-block between S 314th Street and S 316th Street, one of which
proved to be a fatal collision. Petitioners requested a reduction in the speed limit from 30 to 25
mph to improve safety. Staff recommended that studies be delayed until the S 312th Street
widening project was completed, as it was expected to revise traffic patterns significantly on 23rd
Avenue S.
Based on existing vehicle speeds, a 35 mph speed limit would be appropriate. However,
considering the relatively high pedestrian usage and consistency with similar streets in City
Center, staff recommends retaining the existing 30 mph speed limit.
SW 342nd Street between 35th Avenue SW and Hoyt Road SW
SW 342nd Street is a two-lane minor collector with a posted speed limit of 35 mph. It ha's a wide
paved width, with curb, gutter, and sidewalk on parts of this street segment, whereas others have
a dirt shoulder. The street is straight and flat and has good sight distance. The 85th percentile
speed is 37 mph and the 10 mph pace speed is 27 to 36 mph with 66% within this range.
Adjacent land uses are single-family residential, a regional storm detention facility, and
commercially zoned vacant land. Parking and pedestrian usage is light. All school children are
bused from this area to Green Gables Elementary, Saghalie Junior High, and Decatur High
Schools. The corridor collision rate is 1.44 collisions per million vehicle miles. Staff does not
track corridor collision rates on minor collector or local streets so no direct comparison can be
made, but the statewide average is 1.9. No high collision rate intersections are located on this
segment of SW 342nd Street.
A citizen is requesting that the speed limit be reduced to 25 mph, citing safety concerns
aggravated by cut-through traffic avoiding the all-way stop at SW 340th Street and Hoyt Road SW,
and the inconsistency of having 35th Avenue SW posted at 25 mph for similar conditions. The
citizen making the request has not wanted to pursue other solutions to speeding through the
Neighborhood Traffic Safety Program, but the speed limit would have to be lowered to 25 mph
to be eligible in any case. Staff believes that the higher speed limit is a result of substituting SW
342nd Street for the once-planned extension of SW 344th Street from 35th Avenue SW to Hoyt Road
SW (49th Avenue NE in Tacoma) that was preempted by the construction of Northshore QFC.
Existing vehicle speeds suggest that the appropriate speed limit is 35 mph. However, the staff
recommendation is to lower the speed limit to 25 mph, as the cut-through problem should be
resolved by completion of the SW 340th Street and Hoyt Road signal project and to be consistent
with the speed limit on 35th Avenue SW.
SW 356th Street between 1 st A venue S and 20th Avenue SW
SW 356th Street is a 5-1ane principal arterial with bike lanes and curbside sidewalks and street
lights. It has a posted speed limit of 35 mph, a design speed of 45 mph, gentle grades, and 3
horizontal curves with a design speed of 45 mph or greater. The 85th percentile speed is 43 mph
and the 10 mph pace speed is 35 to 44 mph with 80% within that range. The adjacent land uses
are single-family residential with some churches, and a commercial retail area in the vicinity of
Zpt Avenue SW. Pedestrian activity is generally light and no on-street parking is permitted.
Corridor collision rates are 0.94 between pt Avenue S and 8th Avenue SW, 0.62 between 8th
Avenue SW and Iph Avenue SW, 0.69 between Iph Avenue SW and 14th Avenue SW, and 5.89
between 14th Avenue SW.and 2Pt Avenue SW compared to an average of 9.06 for principal
arterials in the City. The intersection of 2 pt A venue SW and SW 356th Street is a high collision
rate intersection, with a collision rate of 1.37.
The Public Safety Department requested that the speed limit be raised to 40 mph, due to the
number of complaints received that the speed limit is set too low in order to generate revenue
from enforcement activities. One request has been received by Traffic Division staff to raise the
speed limit, citing the width of the street as encouraging higher speeds.
Based on the 85th percentile speed, a reasonable speed limit might be 45 mph. However, the only
other 45 mph speed limit in the City is Pacific Highway S north of S 308th Street, which is
constructed to much higher standards and has no single-family residential development adjacent
to it. The low corridor collision rates and high prevalence of higher speeds suggests that a 40
mph speed limit would not compromise safety. Therefore, staff recommends that the speed limit
be raised to 40 mph.
Annexed Areas
The City has limited collision data on which to base a change in existing speed zones and no
requests have been made to revise them. Therefore, staff recommends that the existing speed
limits be adopted and codified as follows:
.
S 320th Street between Interstate 5 and 1000 feet east of Weyerhaeuser Way;
Weyerhaeuser Way S between S 320th Street and S 349th Street;
S 336th Street between Interstate 5 and Weyerhaeuser Way S;
S 344th Street between Weyerhaeuser Way Sand 1500 feet east of Weyerhaeuser Way;
Milton Road S between Enchanted Parkway and S 369th Street.
.
.
.
.
Other Changes
The attached draft code language also makes minor changes to be internally consistent with street
designations and correct scrivener's errors.
RECOMMENDATION
Staff requests the Committee approve and forward the following staff recommendation to the
February 1st City Council consent agenda:
Revise Federal Way City Code Section 15-59 as shown in Attachment 1 and summarized as
follows:
. S 304th Street between Pacific Highway S and Military Road S: reduce the speed limit
from 35 to 30 mph.
SW 312th Street between pt Avenue S and 8th Avenue SW: maintain the existing 35 mph
limit.
23rd Avenue S between S 312th Street and S 317th Street; Maintain the existing 30 mph
speed limit.
SW 342nd Street between 35th A venue SW and Hoyt Road SW: reduce the speed limit from
35 to 25 mph.
.
.
.
.
SW 356th Street between 1 st Avenue S and 20th A venue SW: increase the speed limit from
35 to 40 mph.
S 320th Street between Interstate 5 and east city limit: maintain the existing 40 mph zone.
Weyerhaeuser Way S between S 320th Street and S 349th Street: maintain the existing 35
mph zone.
S 336th Street between Interstate 5 and Weyerhaeuser Way S: maintain the existing 35 mph
zone.
S 344th Street between Weyerhaeuser Way S and east city limit: maintain the existing 35
mph zone.
Milton Road S between Enchanted Parkway Sand S 369th Street: Maintain the existing 35
mph zone.
.
.
.
.
.
RP:
K:\LUTC\2000\speed limit ordinance amendment. wpd
MEETING DATE: February 15,2000
ITEM#
v (t )-
.........,................................................................................."""""""""""""""""""""""""""""""""""""""""'".................................................................
......,.........
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: V ADIS NORTHWEST CONTRACT
........,................................................................................................,.........................,...............................................,...................
..............................,............................
CATEGORY:
BUDGET IMPACT:
X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
..................................................................................,........,..............,............................................................................................
............................................................
.. ..A!!AÇ~.~~~.! §. :..... .çg~ ~ ~.~..çg~.~ ~~.~~. ~~~!g.~.r<?~.. ~~~~~.!.~!?:~~J ~.~},Q,Q,Q ~ ..~!?!?: ~~~~!...... .............................. ...... ........
SUMMARYIBACKGROUND: The Public Works Department currently contracts with Vadis Northwest
for litter control in the rights-of-way throughout the city. The contract language also provides for
additional services for parks. It was determined that the PRCS Department initiate their own contract with
Vadis versus amending the Public Works contract. The basic services would include litter and trash
removal, restroom maintenance, mowing and safety repairs. Contracting with Vadis Northwest to perform
this work includes a supervisor to oversee the work, four workers and a vehicle to transport the crew and
materials collected. A Vadis Northwest contract effectively increases the work force by five people at the
average cost of one regular full-time employee. The funds to contract are within the current operating
...Þ.?4g~~..r<?~.~QQQ:.................................................................................,..............,......,...............................................................,.........
........................................
CITY COUNCIL COMMITTEE RECOMMENDATION: Om January 24,2000, the Parks,
Recreation, Human Services & Public Safety Council Committee passed a motion authorizing the City
Manager to enter into a contract with Vadis Northwest for removal oflitter, trash and other services not to
.. ..~~ ~.~~~ .$:? Q 1,?,Qg. P.~!..Y ~~~:................,............,....,..........,............................ .............. ............................................. ........,
.................. .....................................
CITY MANAGER RECOMMENDATION: MOTION TO AUTHORIZE THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH V ADIS NORTHWEST FOR REMOVAL OF LITTER,
.. .'!.~§~.ANP...Q:!~,~.~",§.~,~ Y~Ç}!~.~.. N.9.!.I..9. .~~.ç.~.~.~. ~?Q ,.?~.~..~.~.~.Y.~ ~ ......................... .......................................
APPROVE~ION IN COUNCIL
PACKET: ./" /"
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I:\COYERCC-5/14/96
;
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Date:
January 18, 2000
From:
Dave Wilbrecht, Deputy Director
Parks, Recreation and Cultural Services Department
Subject:
Vadis Northwest Contract
Background
The City ofF ederal Way Public Work Department currently contracts with Vadis Northwest
for litter control services in the right-of-way throughout the City. The contract language also
provides for additional services in parks to include collecting and removing litter, trash, and
debris from the City parks, trails, open space, and other City facilities. Vadis Northwest can
also assist in trail development and maintenance, provide brushing, mowing and trimming
services as needed. A Vadis Northwest crew consists of four workers, a supervisor and a
vehicle. A crew work six hours per day, five days a week.
Staff has been reviewing alternative methods of providing basic services in the park system
at the lowest cost. The basic services include litter and trash removal, restroom maintenance,
mowing and safety repairs, and maintenance. The cost benefit analysis of full-time
employees' time and training for trash and litter removal work is not the best and highest use
of the City's resources. Contracting with Vadis Northwest to perform litter and trash pickup
includes a supervisor to oversee the work, four workers, and a vehicle to transport the crew
and the materials collected. A Vadis Northwest contract effectively increases the size ofthe
workforce by five people at the average cost of one regular full-time employee. The funds
to contract are within the current operating budget for 2000. The contract is currently in the
Law Department under review.
Staff Recommendation:
Staff recommends the Council Committee forward a recommendation to full Council to
approve the Parks, Recreation and Cultural Service Department enter into a contract with
Vadis Northwest for removal of litter, trash and other services not to exceed $50,700 per
year.
Committee Recommendation
Motion to approve authorizing the City Manager to enter into a contract with Vadis
Northwest for removal of litter, trash and other services not to exceed $50,700 per year.
MAINTENANCE/LABOR AGREEMENT
FOR
V ADIS NORTHWEST
This Maintenance/Labor Agreement (" Agreement") is dated effective this I st day of March,
2000. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington
municipal corporation ("City"), and Vadis Northwest, a non-profit corporation ("Contractor").
A. The City seeks the temporary professional services of a skilled independent contractor
capable ofworking without direct supervision, in the capacity of conducting the City's Litter Control
Program; and
B. The Contractor has the requisite skill and experience necessary to provide such services.
NOW, THEREFORE, the Parties agree as follows:
1.
Services.
Contractor shall provide the services more specifically described in Exhibit" A" attached
hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted
practices for other similar services, performed to the City's satisfaction, within the time period
prescribed by the City and pursuant to the direction of the City Manager or his or her designee.
2.
Term.
The term of this Agreement shall commence upon the effective date of this Agreement and
shall continue until the completion ofthe Services, but in any event no later than February 28, 200 I
("Term"). This Agreement may be extended for additional periods oftime upon the mutual written
agreement of the City and the Contractor.
3.
Termination.
Prior to the expiration ofthe Term, this Agreement may be terminated immediately, with or
without cause by the City. The Contractor may cancel this Agreement only upon thirty (30) days
prior written notice to the City.
4.
Compensation.
4.1 Total Compensation. In consideration of the Contractor performing the
Services, the City agrees to pay the Contractor an amount not to exceed
Fifty Thousand Seven Hundred and no/100 Dollars ($50,700.00).
4.2 Method of Payment. Payment by the City for the Services will only be made
after the Services have been perfoo:ned, a voucher or invoice is submitted in the form
;
specified by the City, and the same is approved by the appropriate City representative.
~a~ent shall be made on a monthly basis, thirty (30) days after receipt of such voucher or
lßVOlce.
4.3 Contractor Responsible for Taxes. The Contractor shall be solely responsible
for the payment of any taxes imposed by any lawful jurisdiction as a result of the
perfonnance and payment of this Agreement.
5.
Compliance with Laws.
Contractor shall comply with and perfonn the Services in accordance with all applicable
federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions,
standards and policies, as now existing or hereafter adopted or amended.
6.
Warranty.
6.1 Requisite Skill. The Contractor warrants that it has the requisite training, skill
and experience necessary to provide the Services and is appropriately accredited and licensed
by all applicable agencies and governmental entities, including but not limited to being
registered to do business in the City of Federal Way by obtaining a City of Federal Way
business registration.
6.2 Defective Services. The Contractor shall, at its sole cost and expense, correct
all Services perfonned which the City deems to have defects in workmanship and material
discovered within one (1) year after the City's final acceptance ofthe Services.
7.
Independent Contractor/Conflict of Interest.
It is the intention and understanding ofthe Parties that the Contractor shall be an independent
contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave,
vacation payor any other benefit of employment, nor to pay any social security or other tax which
may arise as an incident of employment. The Contractor shall pay all income and other taxes as due.
Industrial or any other insurance which is purchased for the benefit ofthe City, regardless of whether
such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert
this Agreement to an employment contract. It is recognized that Contractor mayor will be
perfonning professional services during the Tenn for other parties; provided, however, that such
perfonnance of other services shall not conflict with or interfere with Contractor's ability to perfonn
the Services. Contractor agrees to resolve any such conflicts of interest in favor ofthe City.
8.
Indemnification.
8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend, and
hold the City, its elected officials, officers, employees, agents, and volunteers harmless from
any and all claims, demands, losses, actions and liabilities (including costs and all 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
Agreement to the extent caused by the negligent acts, errors or omissions ofthe Contractor,
its partners, shareholders, agents., employees, or by the Contractor's breach of this
Agreement. Contractor waives any immunity that may be granted to it under the
- 2 -
Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification
shall not be limited in any way by any limitation on the amount of damages, compensation
or benefits payable to or by any third party under workers' compensation acts, disability
benefit acts or any other benefits acts or programs.
8.2 City Indemnification. The City agrees to indemnify, defend, and hold the
Contractor, its officers, directors, shareholders, 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
Agreement to the extent solely caused by the negligent acts, errors, or omissions ofthe City,
its employees or agents.
8.3 Survival. The provisions of this Section shall survive the expiration or
termination of this Agreement with respect to any event occurring prior to such expiration
or termination.
9.
Equal Opportunity Employer.
In all Contractor services, programs or activities, and all Contractor hiring and employment
made possible by or resulting from this Agreement, there shall be no discrimination by Contractor
or by Contractor's employees, agents, subcontractors or representatives against any person because
of sex, age (except minimum age and retirement provisions), race, color, creed, national origin,
marital status or the presence of any disability, including sensory, mental or physical handicaps,
unless based upon a bona fide occupational qualification in relationship to hiring and employment.
This requirement shall apply, but not be limited to the following: employment, advertising, layoff
or termination, rates of payor other forms of compensation, and selection for training, including
apprenticeship. Contractor shall not violate any of the terms of Chapter 49.60 RCW, Title VII of
the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 ofthe Rehabilitation
Act of 1973 or any other applicable federal, state or local law or regulation regarding non-
discrimination. Any material violation of this provision shall be grounds for termination of this
Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for
further City agreements.
10.
Confidentiality.
All information regarding the City obtained by Contractor in performance ofthis Agreement
shall be considered confidential. Breach of confidentiality by Contractor will be grounds for
immediate termination.
11.
Insurance.
The Contractor agrees to carry as a minimum, the following insurance, in such forms and
with such carriers who have a rating which is satisfactory to the City:
11,1 Workers' compensation and employer's liability insurance in amounts
sufficient pursuant to the laws of the State of Washington;
11.2 Commercial general liability insurance with combined single limits of
liability not less than $2,000,000 for bodily injury, including personal injury or death,
- 3 -
products liability and property damage.
11.3 Automobile liability insurance with combined single limits of liability not
less than $2,000,000 for bodily injury, including personal injury or death and property
damage.
The City shall be named as additional insured on all such insurance policies, with the
exception of workers' compensation coverages. Contractor shall provide certificates of insurance,
concurrent with the execution of this Agreement, evidencing such coverage and, at City's request,
furnish the City with copies of all insurance policies and with evidence of payment of premiums or
fees of such policies. All insurance policies shall contain a clause of endorsement providing that
they may not be terminated or materially amended during the Term ofthis Agreement, except after
thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made"
or "claims paid", Contractor shall be required to maintain tail coverage for a minimum period of
three (3) years from the date this Agreement is actually terminated. Contractor's failure to maintain
such insurance policies shall be grounds for the City's irnmediate termination of this Agreement.
The provisions ofthis Section shall survive the expiration or termination of this Agreement
with respect to any event occurring prior to such expiration or termination.
12.
Work Product.
All originals and copies of work product, including plans, sketches, layouts, designs, design
specifications, records, files, computer disks, magnetic media or material which may be produced
or modified by Contractor while performing the Services shall belong to the City. At the termination
or cancellation of this Agreement, all originals and copies of any such work product remaining in
the possession of Contractor shall be delivered to the City.
13. Books and Records.
The Contractor agrees to maintain books, records, and documents which sufficiently and
properly reflect all direct and indirect costs related to the perfonnance of the Services and maintain
such accounting procedures and practices as may be deemed necessary by the City to assure proper
accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all
reasonable times, to inspection, review or audit by the City, its authorized representative, the State
Auditor, or other governmental officials authorized by law to monitor this Agreement.
14.
Safety.
Contractor shall take all necessary precautions for the safety of employees on the work site
and shall comply with all applicable provisions of federal, state and municipal safety and health laws
and codes, including without limitation, all OSHNWISHA requirements, Safety and Health
Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards
(Chapter 296~24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC).
Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals
and other safeguards at all unsafe places at or near the site for the protection of its employees and
the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs
warning against known or unusual hazards and do all other things necessary to prevent accident or
loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes
or conduits, and all hydrants and all other property that is likely to become displaced or damaged by
- 4 -
the performance ofthe Services. The Contractor shall, at its own expense, secure and maintain a safe
storage place for its materials and equipment and is solely responsible for the same.
15.
Clean Up.
At any time ordered by the City and immediately after completion of the Services, the
Contractor, shall, at its own expense, clean up and remove all refuse and unused materials of any
kind resulting from the Services. In the event the Contractor fails to perform the necessary clean up,
the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof
shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from
any remaining payments due to the Contractor.
16.
Non-Appropriation of Funds.
If sufficient funds are not appropriated or allocated for payment under this Agreement for
any future fiscal period, the City will not be obligated to make payments for Services or amounts
incurred after the end of the current fiscal period, and this Agre~ment will terminate upon the
completion of all remaining Services for which funds are allocated. No penalty or expense shall
accrue to the City in the event this provision applies.
17.
General Provisions.
17.1 Entire Agreement. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement and no prior
agreements shall be effective for any purpose.
17.2 Modification. No provision ofthis Agreement may be amended or modified
except by written agreement signed by the Parties.
17.3 Full Force and Effect. Any provision of this Agreement which is declared
invalid or illegal shall in no way affect or invalidate any other provision hereof and such
other provisions shall remain in full force and effect.
17.4 Assignment. Neither the Contractor nor the City shall have the right to
transfer or assign, in whole or in part, any or all of its obligations and rights hereunder
without the prior written consent of the other Party.
17.5 Successors in Interest. Subject to the foregoing Subsection, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their respective
successors in interest, heirs and assigns.
17.6 Attorney Fees. In the event either ofthe Parties defaults on the performance
of any terms of this Agreement or either Party places the enforcement of this Agreement in
the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees,
costs and expenses. The venue for any clispute related to this Agreement shall be King
County, Washington.
17.7 No Waiver. Failure or delay of the City to declare any breach or default
immediately upon occurrence shall not waive such breach or default. Failure ofthe City to
- 5 -
declare one breach or default does not act as a waiver of the City's right to declare another
breach or default.
17.8 Governing Law. This Agreement shall be made in and shall be governed by
and interpreted in accordance with the laws of the State of Washington.
17.9 Authority. Each individual executing this Agreement on behalf ofthe City
and Contractor represents and warrants that such individuals are duly authorized to execute
and deliver this Agreement on behalf ofthe Contractor or the City.
17.10 Notices. Any notices required to be given by the Parties shall be delivered at
the addresses set forth below. Any notices may be delivered personally to the addressee of
the notice or may be deposited in the United States mail, postage prepaid, to the address set
forth below. Any notice so posted in the United States mail shall be deemed received three
(3) days after the date of mailing.
17.11 Captions. The respective captions of the Sections of this Agreement are
inserted for convenience of reference only and shall not be deemed to modify or otherwise
affect any of the provisions of this Agreement.
17.12 Performance. Time is ofthe essence ofthis Agreement and each and all of its
provisions in which performance is a factor. Adherence to completion dates set forth in the
description of the Services is essential to the Contractor's performance of this Agreement.
17.13 Remedies Cumulative. Any remedies provided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumulative with all other remedies
available to the City at law, in equity or by statute.
17.14 Counterparts. This Agreement may be executed in any number of
counterparts, which counterparts shall collectively constitute the entire Agreement.
17.15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution
No. 91-54, as amended, occurs as a result of the formation and/or performance of this
Agreement, this Agreement may be rendered null and void, at the City's option.
DATED the day and year set forth above.
CITY OF FEDERAL WAY
By:
David H. Moseley
Its:
City Manager
33530 1st Way South
Federal Way, WA 98003
- 6 -
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
f vt ~h-,J-i. ~
City Attorney, Londi i. Lindell
By:
Its:
V ADIS NORTHWEST, INe.
Christopher Christian
Executive Director
1701 Elm Street
Sumner, W A 98390
(253) 863-5173
- 7 -
;
D.
E.
EXHIBIT" A"
SCOPE OF WORK
Vadis Northwest agrees to provide the following services:
A.
Vadis Northwest will provide the City of Federal Way with five (5) individuals ("workers")
and a supervisor person ("supervisor") to work five (5) days per week Monday through
Friday, six (6) hours per day throughout the duration of the contract.
The supervisor will supervise and assist the individuals in their daily work performance,
transport the individuals to their designated work areas, and coordinate work activities and
schedule with the City daily or weekly, and fulfill other supervisory duties as outlined herein.
Vadis Northwest will provide a motor vehicle and liability insurance.
The individuals will be working with various hand tools.
B.
SPECIFIC TASKS.
1.
PARKS
Vadis will collect and remove litter, trash and debris from City Parks, trails, open
space areas, and other City facilities. Assist in trail development and maintenance.
2.
EQUIPMENT
Wash and clean designated City vehicles and equipment.
3.
JOB ASSIGNMENT PRIORITIES
Task assignments are subject to change and prioritization by the City Parks,
Recreation and Cultural Services Department Director or her designee.
C.
Vadis supervisor shall examine all work sites thoroughly before commencing work at the
site. It shall be the responsibility ofVadis supervisor to verify that the duties, assignments,
and job sites meet the capabilities ofthe workers. All existing conditions at the job site will
be noted and copies with verification noted, given to the City's Park Maintenance Supervisor
on a daily basis.
Vadis shall perform tasks to completion between the hours of 9:00 a.m. and 3:00 p.m.
Monday through Friday. Vadis shall recognize the same holidays as the City.
RESPONSIBILITIES OF PARTIES
1.
CONTRACTOR DUTIES:
Contractor will be responsible for the following:
a.
The performance of all work as provided under the Contract with its own
employees. Individuals who perform work under this Contract must be
carried on Contractor's payroll. Contractor is responsible for administering
and paying employee wages, benefits and all other employee-related costs.
Although the Contractor's company headquarters may be located outside of
- 8 -
3.
Federal Way, Washington, Contractor shall provide in the Federal Way
geographical area a full-time supervisor who will continuously oversee
Contractor employee work and will have authority to represent Contractor in
the day-to-day activities. The supervisor must be trained in traffic control
and must possess a "Traffic Control Flagging License" certified by the State
of Washington. The Contractor will provide the supervisor's name, address,
and telephone number to the City's Street Maintenance Supervisor at the
beginning of the contract period.
b.
Contractor shall prohibit its employees from disturbing the papers on desks,
opening desk drawers and cabinets, entering the central store area, or using
City telephones or office equipment.
c.
Contractor is responsible for the security of facilities where assigned tasks are
perfonned as well as tools, equipment, safety gear, traffic control devices and
any other items which may be supplied by the City for Contractor's use in the
performance of contracted duties. No equipment or supplies will be removed
from City premises except as required for the performance of assigned duties.
d.
Contractor shall provide City with a quality control system acceptable to the
City within ten (10) days of the date of the Contract. The quality control
- system shall be a plan specifying how Contractor will accomplish
maintaining the level of performance required under this Agreement. Quality
control statements shall be provided to the City's Parks Maintenance
Supervisor on a monthly basis.
e.
Contractor shall provide a motor vehicle to transport its employees to and
from the designated work sites. Contractor's vehicle shall be well identified
with signs and equipped with safety warning lights, strobe light and
emergency flashers.
f.
Contractor shall provide rain gear, foul weather gear, and footwear as
required, and clothing as needed for its employees. .
g.
Contractor and employees shall collect the litter, trash and debris in bags and
take them to a dumpster provided by the City at a location to be specified by
the City. Contractor shall also pick up tools and orders from such location.
h.
Contractor shall follow accepted safety practices in the performance of all
work. After every work shift of litter clean-up and other assigned tasks and
services the following shall be done: The work areas shall be inspected for
fire hazards; electrical or power machines and/or equipment shall be turned
off; outside doors and windows closed and locked; gates closed and locked
and all miscellaneous work tools and equipment shall be inspected and put
away.
CITY DUTIES:
City will be responsible for the following:
a.
The City shall supply litter bags to Contractor for its use in the collection of
litter, trash and debris.
;
- 9 -
A:\vaids
b.
The City shall supply traffic control devices, (i.e. signs and traffic cones) to
Contractor so Contractor can place the traffic devices at work site(s) to
protect its employees while performing services under this contract. The City
shall also provide hard hats and reflective traffic vests.
c.
The City shall supply all grounds maintenance equipment and hand tools as
needed, to perform duties under this Contract for outside grounds
maintenance.
d.
The City shall provide Contractor and its supervisor a copy ofthe daily work
schedule and any change notices to use as a basic guide for the distribution
of work each week. The work schedule may be changed as deemed
appropriate by the City and a copy of such changes provided to Contractor
and its supervisor. The City shall determine the priority to be given the
various assignments. The City shall verifY that all work is performed as
scheduled. At the end of each month, the City shall note all work as either
(S) Satisfactory or (U) Unsatisfactory. If any work has been rated (U), the
City shall contact Contractor to discuss the deficiency and action necessary
to correct the deficiency.
- 10 -
~~~~~~-~._~~--~--~-~~.~- ~~ --~. ~_.~~ ~- --~_.
MEETING DATE:
IS-
February I. 2000
ITEM# -
v (d)-
...........,............,.................................,............................................................................................................................................
..................................,......................,
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: SEA T AC MALL SECURITY CONTRACT
............................................,...,.................................""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
CATEGORY:
BUDGET IMPACT:
A CONSENT
ORDINANCE
- _BUSINESS
HEARING
FYI
_RESOLUTION
STAFF REPORT
_PROCLAMATION
_STUDY SESSION
OTHER
Amount Budgeted:
Expenditure Amt:
Contingency Reqd:
.........................................,........................."""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""..........
ATTACHMENTS: Second Amendment to Agreement for SeaTac Mall Police Services; Original
Agreement; Memorandum fÌom SeaTac Mall General Manager, Robert Fliday; Memorandum fÌom Chief
Wood to Parks and Recreation, Human Services, Public Services Committee: CiJ\d Flrs+ AmerdrYIen+
..,.+'....!\gr~~~............................................................,.................................................................................~.......................................
.............,..,..................
SUMMARYIBACKGROUND: Continue police services for SeaTac Mall effective January, 2000, and
increase compensation for the two officers, and implement payment of a 29% overall increase over the
current rate but paid in two steps for the year 2000. The Mall will pay $4,791.67 ¡Jrom January through
June, and $5,379.00'þeginning in July. per 'Y\o\~
..........,.........,.,........,.......,.....P~....~~:~.,.,................................................,.,..,......................,.,.,.............,.,....,.,.,..........,.,.,.,......,....,....,
.,..........,.............""..,..........
CITY COUNCIL COMMITTEE RECOMMENDATION: The Parks, Human Services, and Public
Safety Committee recommended to approve the SeaTac Mall.Security contract amendment as outlined in
the attached revision.
.......................................................,...............................................................................................................,...............................
......,......,.....................,........................
CITY MANAGER RECOMMENDATION: MOTION TO APPROVE THE SECOND
AMENDMENT TO SEATAC MALL POLICE SERVICES CONTRACT.
.................................................................................................................................................................................................""""""
"""""""""""""""""""""""""""
~~~~~~?ION IN COUNCIL
?/'
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
T ABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
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Item 5B
;
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Date:
January 10,2000
From:
Ronald T. Wood, Chief of Police
Subject:
SeaTac Mall Security Contract
Backeround:
A second amendment to the original SeaTac Mall Security contract will continue police services
as described in Section 1 of the original agreement, effective January.l, 2000, and increase the
compensation to the city for providing those services. The amendment will increase the cost of
the officers from $25,000 per officer per year to $32,274 per officer effective in January, 2000.
This amount substantially covers 50% of the direct cost of the positions and preserves the
original compensation ratio between the City and the Mall.
SeaTac Mall Manager, Robert Fliday requests implementing the increase in incremental
payments, with the Mall to pay to the City $4,791.67 per month from January 1,2000 through
June 30, 2000 for a total of $28,750.02; and $5,379.00 per month from July 1, 2000 and
thereafter until amended by a future agreement. The City Manager reviewed and authorized his
request.
Committee Recommendation:
Recommend Committee approval to accept the second amendment to the original SeaTac Mall
Security contract to increase Mall costs for police services effective January 1, 2000.
APPROVAL OF COMMITTEE REPORT:
-~ ~
C m~ee Member
D~-
Committee ember
I,
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.6
SEATAC
M.A.L-L
June 10, 1999
Lt, Ian J, Canaan
Department of Public Safety
City of Federal Way
P.O. Box 4956
34008 9th Ave. S.
Federal Way, W A 98063
RE:
Mall Officer Compensation
Ian, I am in receipt of your letter dated June 1, 1999 concerning the compensation for the officers
that are assigned to the Mall. I agree with you in adjusting the renewal date to January 1 st of each
year, as that also coincides with the commencement date of òur annual fiscal year. I would ask
though, since the proposed increase for the Mall officers represents a 29% increase over the
current rate paid by the Mall, if it would be possible for the Mall to pay the 50% match increase in
the officers rate in two steps for the year 2000. I propose that on January 1st that we pay a
monthly fee of$4,79 1.67, and on July IS\ we pay a monthly fee of$5,379.00; This step approach
would bring the 50% match to the current pay rates by July 1st. Beginning with January 1st of
2001, we would than pay 50% of the current officers rate as of that date. " '"
If you could provide this infonnation to Chief Wood it would be âppreclated~ If you would like to
discuss this proposal in greater detail, or have any question, please advise.
, ",-
" '
1928 South SeaTac Mall"Federal Way, WA 98003-rax (253) 946-1413 ,,':
,,' '"'"
Management Office (253) 839-6156ÞMarketing Office (253)941-9238,
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i
SECOND AMENDMENT TO AGREEMENT
FORSEATAC MALL PO~ICE SERVICES
OR~f1
This Second Amendment ("Amendment") is dated effective tlùs 1 sl day of January, 2000,
and is entered into by and between the City of Federal Way, a Washington Municipal
Corporation ("City"), and the Sea-Tac Man Ássociates, a Washington limited partnership
("Mall") which is the owner of the SeaTac Mall ("Property").
A.
The City and the Mall entered into an Agreement for SeaTac Mall Police Services
dated effective November 29, 1996, as amended by the First Amendment dated
November 29, ~997, whereby the City agreed to provide police services for the
Property ("Agreement").
B.
The City and the Mall desire to amend the Agreement to continue the Services
described in Section 1 of the Agreement, by increasing the compensation for
providing the services.
NOW, THEREFORE, the parties agree to the following tenns and conditions:
1. Compensation. Section 4 of the Agreement shall be amended to provide that the Mall
shall pay to the CJty Four Thousand Seven Hundred Ninety-one and 671100 dollars ($4,791.67)
per month from January 1,2000 through June 30, 2000 for a total of Twenty-eight Thousand, .
Seven Hundred fifty and 02/100 dollars ($28,750.02); and Five Thousand Three Hundred
Seventy-nine and 00/100 dollars ($5,379.00) per month commencing July 1,2000 and thereafter
until 'amended by a future agreement.
,
.
2. Full Force and Effect. All other tenns and conditions of the Agreement not modified
by this Amendment shall remain in full force and effect.
DATED the effective date set forth above.
CITY OF FEDERAL WAY
By:
David H. Moseley, City Manager
33530 151 Way South
Federal Way, W A 98003
A TIEST:
City Clerk, N. Christine Green, CMC
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APPROVED AS TO FORM:
~;é 18~~;4./~ h,r
Londi K. Lindell, City Kttorney
By:
By:
Its:
K:\police\seatac2.mal
H.M.A. Enterprises -Sea-Tac Mall LP.,
a Delaware Limited Partnership
N.T.L. Sea-Tac Mall, Inc.
a Delaware Corporation
General Partner
Harry Newman, Jr.
President
249 E. Ocean Boulevard, Suite 300
Long Beach, CA 90802
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A& .. glP"dÎ'g
ê;r~(f~d
AGREEMENT
FOR
SEATAC MALL POLICE SERVICES
This Agreement for Police Services ("Agreement") is dated
effective this ~ day of "-.Jol)e."",ber , 19~. The parties
("Parties") to this Agreement are the City of Federal Way, a
Washington municipal corporation ("City"), and Sea-Tac Mall
Associates, a Washington limited partnership ("Mal.!") which is the
owner of Sea Tac Mall ("Property").
A. It is in the best interests of the citizens of Federal Way
for the City's Police Department to implement a. comprehensive
public safety program, which program covers all geographic areas of
the City and which recognizes that increased police preserièe in a
heavily traveled part of the City, such as the Property, is a
benefit to all; and
B. The City desires to contribute to citizen safety by
providing additional services as represented in a police "mini-
beat" at the Property.
;
NOW, THEREFORE, the Parties agree as follows:
1.
Services.
The City shall provide the police services more specifically
described in Exhibit "A", attached hereto and incorporated by this
refer:~ce ::~Vices"), . Iv:( 4
. Except as otherwise. provided herein,. this Agreemenr; ~all
commence on November 2~' 1996 and terminate on November 2ft, 1997
("Term"). This Agreement may be extended for additional 'periods of
time upon the mutual written agreement of the City and the Mall.
3.
Termination.
. Prior to the expiration of the Term, this Agreement may be
terminated by ei ther Party upon sixty (60) days prior written
notice to the other Party, unless terminated sooner due to a
default.
Or-<' - '..
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4.
Compensation.
In consideration of the City performing the Services, .the Mall
agrees to pay the City an amount equal to Fifty Thousand Dollars
and no/100 ($50,000.00), calculated at a rate of Twenty-Five
Thousand Dollars and no/100 ($25,000.00) per officer per year, and
shall be subject to adjustments for a partial year or a reduction
in the number of officers, if applicable. Payment by the Mall for
the Services will be made on a quarte~~y...þ~sis(--the..fir:?t.._p-~yme~1;_.
due prior to the inception of the Services. In the event of a
reduction in the contract price, the City shall refund the
difference of any prepaid amount to the Mall within fifteen (15)
days after written demand. ' ,
5.
Indemnification.
5.1 Mall Indemnification. The Mall "agrees to indemnify
and hold the City, its elected officials, officers, employees,
agents, and volunteers harmless from any and all claims,
demands, losses, actions and liabilities (including costs and
all 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 Agreement to the extent caused by the
negligent or intentional acts, errors or omissions of the
Mall, its partners, shareholders, agents, employees, or
invitees or by the Mall's breach of this Agreement, or by .
defects with the Mall's facilities. The Mall's
indemnification shall not be limited in any way by any
limitation on the amount of damages, compensation or benefits
payable to or by any third party under workers' compensation
acts, disability benefit acts or any other benefits acts or
programs.
5.2 City Indemnification. The City agrees to indemnify
and hold the Mall, Newman Shopping Center Developments, L.P.
DBA Newman Properties and SeaTac Mall Merchants Association
and their respective officers, directors, shareholders,
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, resultiag
from or connected with this Agreement to the extent caused by
the' negligent or intentional acts, errors, or omissions of the
City, its employees or agents while acting under the direction
of the City.
- 2 -
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5.3 Survival. The provisions of this Section shall
survive the expiration or termipation of this Agreement with
respect to any event occurring prior to such expiration or
termination.
6.
Independent Contractor status.
The City is performing services under this Agreement as
an independent contractor, and as such, is responsible, at its sole
cost and expense, for maintaining all appropri,ate insurance,
including but not limited to, worker's compensation insurance, and
the payment of all taxes, including but not limited to state and
federal income, social security, disability, and all other taxes.
The City shall maintain general liability in~urance in the amount
of $1,000,000 single limit and $2,000,000 aggregate, which coverage
includes property liability. The Mall, Newman Shopping Center
Developments, L.P. DBA Newman Properties and SeaTac Mall Merchants
Association shall be named as additional insureds, and the City
shall furnish certificates of insurance to, the Mall upon request.
7.
General Provisions.
This Agreement contains all of the agreements of the Parties
with respect to any matter covered or mentioned in this Agreement.
No provision of this Agreement may be amended or modified except by
written agreement signed by the Parties. This Agreement shall be,
binding upon and inure to the benefit of the Parties' successors in .
interest, heirs and assigns. Any provision of this Agreement which,
is declared invalid or illegal shall in no way affect or invalidate
any other provision. In the event either of the, Parties defaults
on the performance of any terms of this Agreement or either Party
places the enforcement of this Agreement in the hands of an
attorney, or files a lawsuit, each Party shall pay all its own
attorneys' fees, cost,s and expenses subject to such rights to
recover same pursuant to Section 5. The venue for any dispute
related to this Agreement shall be King County, Washington.,
Failure of either party to declare any breach or default
immediately upon the occurrence thereof, or delay in taking any
action in connection with, shall not waive such breach or default.
Time is of the essence of this Agreement and each and all of its
provisions in which performance is a factor.
;
- 3 -
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8.
Notices.
Any written notices to be given hereunder by either party to
the other may be effected either by personal delivery or by mail,
. registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the following
addresses, but each party may change the address by written notice
in accordance with this paragraph. Notices delivered personally
will be deemed communicated as of actual receipt; mailed notices
will be deemed communicated as of two (2) days after deposit,
postage prepaid, in the U.S. mail.
The City
City of Federal Way
33530 1st Way South
Federal Way, WA 98003
Attention: City Manager
The Mall
SeaTac Mall Associates
1928 South SeaTac Mall
Federal Way, WA 98003
Attention: Manager
DATED the day and year set forth above.
CITY OF FEDERAL WAY
By:
98003
- 4 -
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APPROVED AS TO FORM:
~
~itY Mtor~y,
~v/.~
Londi K. Lindell
SEATAC MALL ASSOCIATES
a Washington limited partnership
By: Harry Newman, Jr.
Its:
1 Partner
~n Boulevard
- 5 -
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EXHIBIT "A"
SCOPE OF SERVICES
1. The City will provide to the SeaTac Mall two (2) full
time, experienced police officers ("Contract Officers")to provide
security for the Property, its businesses, tenants and customers
and its premises. These officers will work in conjunction with
private security or other police agency representatives employed by
the Mall or any of its stores and tenants.
2. The City will retain control over the Contract Officers
and the Contract Officers will work under the general and direct
supervision of the Police Department and will adhere to
departmental policies and procedures. The Contract Officers will
work in a full duty status while on duty as in any Police
Department duty assignment. Contract Officers will be in.uniform
during duty hours and will be provided with radios, vehicle, and
other regularly used police equipment. Bicycles and computer
equipment may be provided, at the Police Department's option, to
increase service levels.
3. The Mall may provide in-line office space, a public
access kiosk, or other facilities to increase public access and
visibility of the Contract Officers. Mall management may direct
the security efforts of the Contract Officers on a day-to-day .
basis, consistent with Police Department policies, to assure
continuity, coverage, and coordination of efforts; provided,
however, that in the event of a conflict between Mall direction and
Police Department direction, the Police Department direction shall
control.
4. Hours of coverage will be flexible to address special
Mall events and will be established by the Police Department in
conjunction with Mall management. Contract Officers will be
assigned in one (1) year increments, but may be rotated to address
Police Department needs or Mall management interests. The City
will provide ten (10) eight-hour shifts per. week, with officer
absences due to illness, time off, or training replaced by general
assignment officers to maintain consistent coverage. Contract
Officers will lose no' benefits, assignment, training, or
promotional opportunitiès due to the Agreement.
S. Contract Officers will combine foot patrol, vehicle
patrol of the Property parking lot and perimeters, and office,
booth or 'kiosk fixed positions ,to provide security, visibility, and
police services.
Exhibit A to Agreement for
SeaTac Mall Police Services - 1
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6. Contract Officers will serv~ within the Property interior
and parking areas as a "mini-beat" within the general geographical
dispersal structure of the City, placing it as a section within a
regular beat. The regular beat officer, in whose beat the Mall
mini beat is placed, will provide presence and response
capabilities consistent with general beat management strategies.
The Mall's coverage by the regular beat officer will not be reduced
by the presence of the Contract Officers or by 'the use of other
police agency representatives or private s~curity agency
representatives or private security staff in the Property or in
individual stores. All supplemental police services will remain
unaffected by the coverage provided for in the Agreement.
7. During assigned periods, the Contract Officers will
respond to police or public safety incidents. . If the matter can be
resolved by the Contract Officers expediently, no general
assignment or specialized assigpment officers will need to respond.
If needed, as determined by the Police Department, other officers
will be dispatched as in the resolution of any similar matter
throughout the City. If the incident requires extended
investigation or follow-up investigation away from the Property, or
prisoner transportation¡ general' assignment officers will relieve
the Contract Officers to allow them to resume their security duties
as soon as practical.
Exhibit A to Agrèement for
SeaTac Mall Police Services - 2
idt'..:w:c /Y)~~¡j.\i'L~i.:2;:;.;;_;; ,.,:.'. .. -' :...;-~..";;;,.. ;;'Á\;;':;A'~')J.~'¿';~~;i>~~W~.jjj~~Wii:'z~"xW2;}láiti\~~~
the compensation on . e: tenns as described in SectiO(.~ except that coomencing
on November 29, 1997, payments wi 11 be made on a monthly basis instead of on
a quarter1y basis.
FIRST AMENDMENT
TO
AGREEMENT FOR SEAT AC MALL POUCE SERVICFS
This First Amendment ("Amendment") is dated effecûve tIús 29th.day of November, 1997,
and is entered into by and between the City of Federal Way, a Washington municipal corporation
("City"), and the Sea-The Mall Associates, a Washington limited partnership("Mall") which is the
owner of SeaTac Mall ("Property"). . . - .
A. The City and the Mall entered into an Agreement for SeaTac Mall Police Services
dated effective November 28, 1996, whereby the City agreed to provide police services for the
Property (" Agreement").
B. The City and the Mall desire to amend the Agreement to extend the term of the
Agreement.
NOW, THEREFORE, the parties agree to the following terms and conditions:
1. Ierm. Section 2 of the Agreement shall be amended to provide that the Agreement
shall automatically renew every year, wùess otherwise indicated in writing by either of the Parties,
pursuant to Section 3 of the Agreement.
2. Compensation. In consideration of the extension of the tenn, the Mall will pay to the
City $50,000.00 for ue,h ,eM thAt the, At,teœ1cnt i3 Í11 dIed, pMg~ te SootieR 4 sf tfte .
A~fooæeRt, a:aå eeææ8aømg OR No'..eæèoc 29, 1991,
3. Full Force and Effect. All other terms and conditions of the Agreement not
modified by this Amendment shall remain in full force and effect.
PA TED the effective date set forth above.
CITY OF FEDERAL WAY
By: ~
I Kennetli E. N berg, City Manager
33530 1st Way South
Federal Way, WA 98003
"-
CZ5Jr ¿¿ ~~~
Cit Clerk, N. Christine Green, CMC
ORIGINAL
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APPROVED AS TO FORM:
'-ß?V;'~ ~ ~
City Attorney, Londi K. Lindell ð
K:\policc\scatac I.mal
- 2 -
By:
Its:
(
H.M.A. Enterprises - Sea-Tac Mall L.P.,
a Delaware limited partnership
By:
N.T.L. Sea-Tac Mall, Inc.
a Delaware Corporation
General Partner
H~e~J~Ofl~
President
249 E. Ocean Boulevard, Suite 300
Long Beach, CA 90802
MEETING DATE: February 15,2000
ITEM# \J (e )
""""""""""""""""""""""""""""""""""""""""""............."................,..............,............................................."""""""""""""""""""""""""""""""""""""""'"
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: lAC GRANT/SACAJAWEA SOCCER FIELD IMPROVEMENT PROJECT
.........................................................,..............................................................,..............................................................................
...........................................................
CATEGORY:
BUDGET IMPACT:
X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.................................................................................................................................................,..............,......................................
.....................................,.............,........
ATTACHMENTS: Council Committee action form dated January 18,2000; Youth Athletic Facility
........................................................~~~j~~.~..A&!.~~~.~~~....,.................,.,...,....................................,......................................,.................
.....................................
SUMMARYIBACKGROUND: In April of 1999, Parks, Recreation and Cultural Services staff applied
for the Youth Athletic Facilities grant through the Interagency Committee for Outdoor Recreation for the
Sacajawea field improvement project. On January 3,2000, staff received written confirmation from lAC
that the application was successful, and was ranked the number one project in King County. The City will
be funding partners with the Federal Way School District and Federal Way Youth Soccer Association as
follows: City of Federal Way ($165,000), lAC ($150,000), School District ($100,000), Soccer Association
.. .J.~. ~ .~Q?,Q,Q,Q)'.... T~ ~~X .~~~.~..f~E.. ~.~,~. p'~gj ~~~ .~~.,~. ~.~.~... QQQ:................,...........,.,.,..........,......,....................,........................................
.........................
CITY COUNCIL COMMITTEE RECOMMENDATION: On January 24, the Parks, Recreation,
Human Services & Public Safety Council Committee recommended forwarding to full Council
authorization for the City Manager to enter into an agreement for acceptance of the Sacajawea Soccer Field
.. .~.'P.P~9. Y.~.'P.~~ ~AÇ ..Q~~~ .~~. ~g~..~ ~~~.5?r.~}..~ 9 ?,Q,Q.Q.:...... .................................... ............... ,..... ............................. .......... ........
................ ......
CITY MANAGER RECOMMENDATION: MOTION TO AUTHORIZE THE CITY MANAGER
TO ENTER INTO AN AGREEMENT FOR ACCEPTANCE OF THE SACAJAWEA SOCCER
.. .~~~ ~ PJM~~ Q ~ M~ NIo;AÇ,.. ç.~:r ,~N ..!.~~ ..AMQ Y~!...Q ¥. ..~.~ ~ ~ '- ~.~.~.:...............................,......,.. ,............................
APPRO~USION IN COUNCIL
PACKET: "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
T ABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
;
I:\COYERCC-5/14/96
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Date:
January 18,2000
From:
Jon Jainga, Parks Planning and Development Manager
Subject:
Sacajawea Soccer Field Improvement, lAC Grant #99-1289D
Backeround:
April 1999, staff applied for the Youth Athletic Facilities grant through the Interagency
Committee for Outdoor Recreation.
January 3, 2000, staff received written confirmation form the Interagency Committee for
Outdoor Recreation that the Sacajawea Soccer Field Improvement project is a successful
application.
The Sacajawea Soccer Field Improvement project was ranked the number one project in King
County.
Staff Recommendation:
Staff recommends forwarding to full Council on February 15 authorization for the City Manager to
enter into an agreement for acceptance ofthe Sacajawea Soccer Field Improvement, lAC Grant #99-
1289D, in the amount of$150,000.
Committee Recommendation:
Motion to forward to full Council on February 15 authorization for the City Manager to enter into
an agreement for acceptance of the Sacajawea Soccer Field Improvement, lAC Grant #99-1289D,
in the amount of$150,000.
APPROVAL OF COMMITTEE REPORT:
'~~¡¡r. ;d~
Co mi ee Member
Ø!~
omm~ttee ember
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, .,.', ," ': "" .
:~w..ú,~ ;'~'.j.,Úd.H~,' ~~i¡~~Ii).,;j;,..",.:ò.:...;,¡~........ ... ~,....,;.,..<~",~.;"ä<,.'J....,,~.j,.;~:. - '>." ;\,;;<¡"i~ ~;¡-.;.....;;¡~., ~¡4:;;J~~;,~;~~o{--l.:t;.. j~r,;'~;'~~
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Commitf« for
, OUTDOOR
~ RECREßTION
Y AF Project Agreement
Youth Athletic Facility Grant Account
Project Sponsor:
Project Title:
Federal Way Parks & Rec Dept
Sacajawea Soccer Field Improvement
Proj~ct Number: 99-1289D
lAC Approval Date: 11/19/1999
A. PARTIES OF THE AGREEMENT
This Project Grant Agreèment (Agreement) is entered into between the Interagency Committee for
Outdoor Recreation (lAC), P.O. Box 40917, Olympia, Washington 98504-0917 and Federal Way Parks &
Rec Dept, 33530 1st Way S. Federal Way, WA 98003 (Project Sponsor) and shall be binding upon the
agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the tenns and conditions by which a grant is made from the Youth Athletic
Facility Grant Account of the State of Washington's General Fund. The grant is made by the Interagency
Committee for Outdoor Recreation to the Projed Sponsor. for the project named above.
C. DESCR~nONOFPROJECT
The subject project is described on the attached Project Summary.
D. TERMS OF AGREEMENT
The Project Sponsor müst insure that the facility developed, improved, and/or maintained through the
Youth Athletic Facifities Account funding identified in the Project Agreement is made available for public
youth and/or community athletics for a minimum of twenty (20) years from the date of project completion.
E. PERIOD OF PERFORMANCE
The Project reimbursement period shall begin on January 3, 2000 and end on August 31, 2000. No
expenditure made before or after this period is eligible for reimbursement unless incorporated by written
amendment into this Agreement.
F. PROJECT FUNDING
The total grant award provided by lAC for this projed shall not exceed $150,000. lAC shall not pay any
amount beyond that approved for funding of the project. The projed Sponsor shall be responsible for all
total project costs that exceed this amount. The contribution by the Project Sponsor toward work on this
project at a minimum shall be as indicated below.
Percentage
27%
73%
100%
lAC - Y AF - IMPROVING
Project Sponsor
Total Project Cost
Dollar Amount
$150,000
$415,000
$565,000
G. RIGHTS AND OBLIGA TlONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its
attachments, including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities
Report, and the General Provisions.
Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be
effective unless provided in writing. All such alterations, except those concerning the period of
perfonnance. must be signed by both parties. Period of perfonnance extensions need only be signed by
lAC's Director.
The Project Sponsor has read, fully understanQs and agrees to be bound by all terms and conditions as
set forth in these documents.
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~-_...........",........>"",-"."~..~..,;:l'J,..~,->;,""",rli.1ll'>:i,,"-'¿~,\'ßf¡ß.J; ,
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f-J. COMPUANCE WITH APPUCABLE STATUTES"RULES, AND lAC POUCIES ",
This Agreement is governed by, and the Sponsorshall COCTip/y with, all applicable state and federal laws .
and the provisions of Chapter 43.51 RCW,'Chàpter 286\NAC and published agency policies. which are'
inoorporated herein by this reference as if fully set forth.
I.
ADDITIONAL PROVISIONS OR MODIFICA nONS OF THE GENERAL PROVISIONS
(none)
J. PROJECT GRANT AGREEMENT REPRESENT A TIVE
All written communications sent to the Sponsor under this Agreement will be addressed and delivered to:
Project Sponsor
Name: Jon Jainga
Title: Park Planning/Development Mgr
Address: 33530 1 st Way S '
Federal Way, WA 98003-6221
lAC
Interagency Committee for Outdoor Recreation
Natural Resources Building
PO Box 40917
Olympia, Washington 98504-0917
www.wa.govliac
These addresses shall be effective until receipt by one party from the other of a written notice of any
change.
K. ENTIRE AGREEMENT ,
This agreement, along with all attachments. constitutes the entire agreement of the parties. No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
L. EFFECTIVE DA TE "
This agreement, tor project #99-12890, shall be ettectiveupon signing by all parties.
STATE OF WASHINGTON ,
INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
BY:~L~
Laura Eckert J9hnson, Director
DATE:
1/1 I 0-0
I '
PROJECT SPONSOR
BY:
DATE:
TITLE:
Pre-approved as to form by the state Assistant Attorney General
YAF Project Agreement
Chapter 43,51 RCW. Chaotp.r ?Rf> WAr:
Youth Athletic Facility Grant Account
': :;
,,",; ;i;
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'.,,~,.,-,...~..,;.,..;.: ",,~~-,ú¡~.~;4.:.~~{~~~-W;~~~~#ÙkY~fJ.;~; {ye.; ':""1';' ,.~~,~.;,-<;<:.,.>.;' ; '>~;' ;". :)o";Wg¡:tí#W~M~~ii:i~
~e lnfffltg(/ C]
Cømmitl« for
. OUTDOOR
~ RECREnnOH
Y outhAthletic Facilities
Improving Category
Post-Evaluation Project Summary
TITLE:
Sacajawea Soccer Field Improvement
NUMBER: 99-12890
STATUS: Committee Funded
(Development)
SPONSOR:
Federal Way Parks & Rec Dept
EVALUATION SCORE:
COMMITTEE RANKING:
58.2222
COSTS:
lAC - YAF -IMPROVIN
Local
Total
$150,000.00
, $415,000.00
$565,000.00
27%
73%
100%
SPONSOR MATCH:
Appropriation \ Cash
Cash Donations
DESCRIPTION: .
The City of Federal Way, the Federal Way Yo~th Soccer Association (FWYSA) and the School District have formed
a partnership dedicated to renovating the existing natural grass athletic field surface to a synthetic turf system. The
proposed inbound improvements to Sacajawea Park will extend the use of the field from 2 months a year into a
year-round, all weather facility.
-
The proposed project would be completed in one phase and is supported by the community as a directive in the
City's Comprehensive Park Plan to "increase sports .field renovation", improve existing fields and keep up with the
community's priority and demand for youth sports in the City of Federal Way. The field will also be sized to support
multi-generational use. The new synthetic turf will reduce maintenance, improve site drainage, use recycled
materials, conserve water and eliminate fertilizers. .
LOCATION INFORMATION:
Sacajawea Park is located in Federal Way, Washington, adjacent to Sacajawea Junior High School.
Y AF GROUP:
COUNTY:
King
King
SCOPE (ELEMENTS):
Architectural & Engineering
Athletic Fields
Sales Tax
FISCAL YEAR:
2000
DATE PRINTED:
January 3, 2000
;
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, 'òJr
ei
'I:';~
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CømmÙl« fir
00II111
'/ß' HECHEOTION
Eligible Reimbursement Activities Report
. ",
,', ,
Project Spc:msor:
Project Title:
Federal Way Parks & Rec Dept
Sacajawea Soccer Field Improvement
Project Number: 99-12890
lAC Approval: 11/19/1999
Development Project:
Element
Item
Unit Quantity Description
Lump Sum 1.00
Each 1.00 360ft x 160ft (ME and
Sales tax Included)
Lump Sum 1.00
Architectural & Engineering
Athletic Aefds
A & E development
Soccer field - artificial turf
Sales Tax
Sales Tax
-.
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c" ","r',',",.;-",""',;"'"-""",,,,,,"", .,.""",~",:""..":-""..,..,, ,'"","":"",,-,
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[Ie /1¡tmtgtticy .
Cømmitt« for
OUTDOOR
~ RECREHTlON
'1
"':1
'< .'
Milestone Report By Project
Project Number:
Project Name:
Sponsor:
lAC Project Manager:
99-1289 D
Sacajawea Soccer Field Improvement
Federal Way Parks & Rec Dept
Darrell Jennings
X ! Milestone Target Date Comments/Description
Project Start 01/03/2000 I
Plans & Specs Reviewed by lAC 03131/2000
Bid Awarded 04/30/2000
! Construction Started 06/01/2000
Project Complete 0813112000
Final Docs & Billing to lAC 11/30/2000
x = Milestone Complete
I = Critical Milestone
'.
;
MEETING DATE: February 15,2000
ITEM#
V(tJ
"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""'........................................................,.
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: PCCI JANITORIAL CONTRACT
.......................................................................................................................................................................................................
...........................................................
CATEGORY:
BUDGET IMPACT:
X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.......................................................................................................................................................................................................
............................................................
...A I.T.A ç~M.~ ~! §.:.. .. ..ç 9. :';l.g ~ ~LÇ~.~.~ ~.~~. ~~ ~~g.~..r <?~.. ~ ~ ~ ~~.!.~ ~ ~!Y.J ~.!..~g.Q.Q.~ ..~ ~ ~ !!~~!.. .. .... .. .. ..... .. .. .. .. .... ... . .. .. .. .
...... .. ..
SUMMARY/BACKGROUND: The Parks, Recreation and Cultural Services Department recently
completed a "Request for Quotation" for janitorial services at City Hall. Notifications were sent to 16
companies on the Small Works Roster. Seven companies responded. The lowest quote was received from
National Maintenance Contractors, who had been providing the service until they requested out of the
contract two weeks before it was to end on December 31, 1999. Based upon the recent poor service and
the history of other documented problems, staff recommends awarding the contract to the next responsive
...? ~~~~E... .~.~~.f ~~.~~g~~L ç~~~.~~~~.~..q ~~~g! }J].~:. JRÇ ç D )g..~~~. ~g ~~ .gr~.~.~.~~ ~~:.......... ................ """""""'" ....................
CITY COUNCIL COMMITTEE RECOMMENDATION: On January 24, the Parks, Recreation,
Human Services & Public Safety Council Committee recommended forwarding to full Council approval of
.. .~~~. P,Ç,Ç~} ~i ~~.~.~~..~g.~.~~~~~ }g..~~~.~ 9.:';l.g~. 9. f. $.~.~...? ~~.f <?~..~..~.~.~ .Y..~~. ~~~: ........ ....... ................... .....................................
...........
CITY MANAGER RECOMMENDATION: MOTION TO APPROVE THE PCCI JANITORIAL
.. .çg ~.I.~ Ç!}~ ..I.~~..~ QY~!.. Q ¥. J~ ~,.~. ~.~..~g ~ .A..Q~.~ ..X~~. T~.~.~.......................................................... ...........
APPROVE~N IN COUNCIL
PACKET:
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
T ABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Date:
January 18, 12000
From:
Steve Ikerd, Property Services Manager
Subject:
PCCI Janitorial Contract
Backeround:
The Parks, Recreation and Cultural Services Department recently completed a "Request for
Quotation" for janitorial services at City Hall. Notifications were sent to all 16 companies listed
on the Small Works Roster. Seven companies responded with quotes for a five day per week
service of the facility. Quotes ranged from $19,787 to $40,456. The lowest quote was submitted
by National Maintenance Contractors, who had been providing the service until they requested
out of the contract two weeks before it was to end on December 31, 1999. The reason for this
request was due to unsatisfactory services and tasks not being perfonned. Rather than bringing
in another franchise worker, they ended the contract. Based upon the recent poor service and the
history of other documented problems, staff recommends awarding the contract to the next
responsive bidder, Professional Commercial Cleaning, Inc. (PCCI) in the amount of $22,564.
Funds for this contract are budgeted in the Building Fund.
Committee Recommendation:
Motion to forward to full Council on February 15 approval ofthe PCCIjanitorial contract in the
amount of $22,564 for a one year tenn.
(..
6~H~
Co mi ee Member
APPROVAL OF COMMITTEE REPORT:
~kS~.
JANITORIAL MAINTENANCE SERVICES AGREEMENT
This Janitorial Maintenance Services Agreement ("Agreement")
is dated effective this 1st day of January, 2000. The parties
("parties") to this Agreement are the City of Federal Way, a
Washington municipal corporation ("city"), and Professional
Commercial Cleaning, Inc., a Washington corporation ("Contractor") .
A. The city seeks the temporary janitorial maintenance
services of a skilled independent contractor capable of working
without direct supervision, in the capacity of performin~
janitorial services at Federal Way City Hall, located at 33530 15
Way South, Federal Way, Washington; and
B. The Contractor has the requisite skill and experience
necessary to provide such services.
NOW, THEREFORE, the Parties agree as follows:
1.
Services.
Contractor shall provide the services more specifically
described in Exhibit "A", attached hereto and incorporated by this
reference ("Services"), in a manner consistent with the accepted
practices for other similar services, performed to the City's
satisfaction, within the time period prescribed by the City and
pursuant to the direction of the city Manager or his or her
designee.
2.
Term.
The term of this Agreement shall commence upon the effective
date of this Agreement and shall continue for a period of one (1)
year terminating on December 31, 2000 ("Term"). This Agreement may
be extended for additional periods of time upon the mutual written
"agreement of the city and the Contractor.
3.
Termination.
Prior to the expiration of the Term, this Agreement may be
terminated immediately, with or without cause by "the City. The
Contractor may cancel this Agreement only upon thirty (30) days
prior written notice to the city.
4.
Compensation.
4.1 Total Compensation. In consideration of the
Contractor performing the Services, the City agrees to pay the
Contractor an amount equal to Twenty Two Thousand Five Hundred
Sixty Four and no/100 Dollars ($22,564.00) subject to any
forfeiture for deficient work.
ORIGINAL
THE CITY WILL NOTIFY THE CONTRACTOR OF ANY AND ALL CLEANING
DEFICIENCIES. THE CONTRACTOR HAS TWO (2) HOURS TO CORRECT THE
DEFICIENCY OR FORFEIT A PORTION OF THE APPLICABLE DAILY OR MONTHLY
CHARGE.
.
DAILY SERVICES (8 tasks) - NUMBER OF NOTED DEFICIENT TASKS IN
THE MONTH = DEDUCT TOTAL
MONTHLY SERVICES (4 tasks) - TASK: DETAIL
DETAIL VACUUM = 4 HRS DUSTING = 4 HRS
TOTAL HOURS TO COMPLETE THE DEFICIENT TASKS
= DEDUCT TOTAL
SEE COMPENSATION/FORMULA ATTACHMENT
SANITIZE = 4 HRS
FLOORS = 4 HRS
X THE HOURLY RATE
.
.
4.2 Additional Services. In consideration of the
contractor performing the Additional Services, the city agrees
to pay the Contractor an amount not to exceed Sixteen and
60/100 Dollars per hour ($16.60), not to exceed the sum of One
Thousand and no/100 Dollars ($1,000.00) during the Term of the
Agreement.
4.3 Method of Payment. Payment by the city for the
Services will only be made after the Services have been
performed, a voucher or invoice is submitted in the form
specified by the city, and the same is approved by the
appropriate City representative. Payment shall be made on a
monthly basis, thirty (30) days after receipt of such voucher
or invoice.
4.4 Contractor Responsible for Taxes. The Contractor
shall be solely responsible for the payment of any taxes
imposed by. any lawful jurisdiction as a result of the
performance and payment of this Agreement.
5.
Compliance with Laws.
Contractor shall comply with and perform the Services in
accordance with all applicable federal, state, and City laws
including, without limitation, all City codes, ordinances,
resolutions, standards and policies, as now existing or hereafter
adopted or amended.
6.
Warranty.
The Contractor warrants that it has the requisite training,
skill and experience necessary to provide the Services and is
appropriately accredited and licensed by all applicable agencies
and governmental entities, including but not limited to being
registered to do business in the City af Federal Way by obtaining
a City of Federal Way business registration.
- 2 -
7.
Independent Contractor/Conflict of Interest.
It is the intention and understanding of the Parties that the
Contractor shall be an independent contractor and that the City
shall be neither liable nor obligated to pay Contractor sick leave,
vacation payor any other benefit of employment, nor to pay any
social security or other tax which may arise as an incident of
employment. The Contractor shall pay all income and other taxes as
due. Industrial or any other insurance which is purchased for the
benefit of the city, regardless of whether such may provide a
secondary or incidental benefit to the Contractor, shall not be
deemed to convert this Agreement to an employment contract. It is
recognized that Contractor mayor will be performing professional
services during the Term for other parties; provided, however, that
such performance of other services shall not conflict with or
interfere with Contractor's ability to perform the Services.
Contractor agrees to resolve any such conflicts of interest in
favor of the City.
8.
Indemnification.
8.1 Contractor Indemnification. The Contractor agrees
to indemnify, defend and hold the city, its elected officials,
officers, employees, agents, and volunteers harmless from any
and all claims, demands, losses, actions and liabilities
(including costs and all 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 Agreement to the
extent caused by the negligent acts, errors or omissions of
the Contractor, its partners, shareholders, agents, employees,
or by the Contractor's breach of this Agreement. Contractor
waives any immunity that may be granted to it under the
Washington State Industrial Insurance Act, Title 51 RCW.
Contractor's indemnification shall not be limited in any way
by any limitation on the amount of damages, compensation or
benef its payable to or by any third party under workers'
compensation acts, disability benefit acts or any other
benefits acts or programs.
8.2 citv Indemnification. The city agrees to indemnify,
defend and hold the Contractor, its officers, directors,
shareholders, 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
respecti ve agents, licensees, or representatives, arising
from, resulting from or connected with this Agreement to the
extent solely caused by the negligent acts, errors, or
omissions of the City, its employees or agents.
- 3 -
8.3 Survival. The provisions of this section shall
survive the expiration or termination of this Agreement with
respect to any event occurring prior to such expiration or
termination.
9.
Equal Opportunity Emplover.
In all Contractor services, programs or activities, and all
Contractor hiring and employment made possible by or resulting from
this Agreement, there shall be no discrimination by contractor or
by Contractor's employees, agents, subcontractors or
representatives against any person because of sex, age (except
minimum age and retirement provisions), race, color, creed,
national origin, marital status or the presence of any disability,
including sensory, mental or physical handicaps, unless based upon
a bona fide occupational qualification in relationship to hiring
and employment. This requirement shall apply, but not be limited
to the following: employment, advertising, layoff or termination,
rates of payor other forms of compensation, and selection for
training, including apprenticeship. Contractor shall not violate
any of the terms of Chapter 49.60 RCW, Title VII of the civil
Rights Act of 1964, the Americans With Disabilities Act, section
504 of the Rehabilitation Act of 1973 or any other applicable
federal, state or local law or regulation regarding non-
discrimination. Any material violation of this provision shall be
grounds for termination of this Agreement by the City and, in the
case of the Contractor's breach, may result in ineligibility for
further City agreements.
;
10.
Confidentiality.
All information regarding the city obtained by Contractor in
performance of this Agreement shall be considered confidential.
Breach of confidentiality by Contractor will be grounds for
immediate termination.
11.
Insurance.
The Contractor agrees to carry as a 'minimum, the following
insurance, in such forms and with such carriers who have a rating
which is satisfactory to the City:
11.1 Workers' compensation and employer's liability
insurance in amounts sufficient pursuant to the laws of the
State of Washington;
11.2 Commercial general liability insurance with
combinert single limits of liability not less than $2,000,000
for bodily injury, including personal injury or death,
products liability and property damage.
- 4 -
11. 3 Automobile liability insurance with combined single
limits of liability not less than $2,000,000 for bodily
injury, including personal injury or death and property
damage.
The City shall be named as additional insured on all such
insurance policies, with the exception of workers' compensation
coverages. Contractor shall provide certificates of insurance,
concurrent with the execution of this Agreement, evidencing such
coverage and, at city's request, furnish the City with copies of
all insurance policies and with evidence of payment of premiums or
fees of such policies. All insurance policies shall contain a
clause of endorsement providing that they may not be terminated or
materially amended during the Term of this Agreement, except after
thirty (30) days prior written notice to the City. If Contractor's
insurance policies are "claims made" or "claims paid", Contractor
shall be required to maintain tail coverage for a minimum period of
three (3) years from the date this Agreement is actually
terminated. Contractor's failure to maintain such insurance
policies shall be grounds for the City's immediate termination of
this Agreement.
The provisions of this section shall survive the expiration or
termination of this Agreement with respect to any event occurring
prior to such expiration or termination.
12. Bond. Contractor shall obtain a janitorial bond in the
amount of not less than Ten Thousand Dollars and NO/lOa
($10,000.00) to insure against any theft/misappropriation of money
or property during the Term of this Agreement.
13.
Work Product.
All originals and copies of work product, including plans,
sketches, layouts, designs, design specifications, records, files,
computer disks, magnetic media or material which may be produced or
modified by Contractor while performing the Services shall belong
to the City. At the termination or cancellation of this Agreement,
all originals and copies of any such work product remaining in the
possession of Contractor shall be delivered to the city.
14.
Books and Records.
The Contractor agrees to maintain books, records, and
documents which sufficiently and properly reflect all direct and
indirect costs related to the performance of the Services and
maintain such accounting procedures and practices as may be deemed
necessary by the city to assure proper accounting of all funds paid
pursuant to this Agreement. These records shall be subject, at all
reasonable times, to inspection, review or audit by the City, its
authorized representative, the State Auditor, or other governmental
officials authorized by law to monitor this Agreement.
- 5 -
15.
prevailinq Waqes.
15.1 Waqes of Employees. This Agreement is subject to
the minimum wage requirements of chapter 39.12 of the Revised
Code of Washington, as now existing or hereafter amended or
supplemented. In the payment of hourly wages and fringe
benefits to be paid to any of contractor's laborers,
workpersons and/or mechanics, contractor shall not pay less
than the "prevailing rate of wage" for an hour's work in the
same trade or occupation in the locality within the state of
Washington where such labor is performed, as determined by the
Industrial statistician of the Department of Labor and
Industries of the state of Washington, which "prevailing rates
of wage" are attached hereto as Exhibit "B" and incorporated
herein by this reference. Prevailing wages paid pursuant to
this Agreement shall be the prevailing wage rates which are in
effect on the date when the bids, proposals or quotes were
required to be submitted to the city.
15.2 Aqreements Exceedinq One Year. Pursuant to WAC 296-
127-023, or hereafter amended, the city agrees to pay any
increase in the current prevailing wages if and when this
Contract_is extended provided that the term of the Contract
exceeds one year. The City further agrees to pay the current
prevailing wages at the time of additional yearly extensions,
and the Contractor agrees to pay its employees the increased
prevailing wage.
15.3 Exemptions to prevailinq Waqe. The prevailing wage
requirements of Chapter 39.2 RCW, and as required in this
Agreement do not apply to:
a.
Sole owners and their spouses;
b.
Any partner who owns at least 30% of a partnership;
c.
The President, Vice President and Treasurer of a
corporation if each one owns at least 30% of the
corporation.
15.4 Reporting Requirements. Contractor shall comply
with all reporting requirements of the Department of Labor and
Industries of the State of Washington. Upon the execution of
this Agreement, contractor shall complete and file a Statement
of Intent to Pay Prevailing Wages with the Department of Labor
and Industries. Upon completion of the Services, Contractor
shall complete and file an Affidavit of Wages Paid with the
Department of Labor and Industries. Contractor shall deliver
copies of both the Statement of Intent to Pay Prevailing Wages
and the Affidavit of Wages Paid, certified by the Department
of Labor and Industries, to the city.
- 6 -
15.5 Disputes. In the event any dispute arises as to
what are the prevailing rates of wages for work of a similar
nature and such dispute cannot be resolved by the City and the
Contractor, the matter shall be referred for arbitration to
the Director of the Department of Labor and Industries of the
state of Washington and the decision therein shall be final
and conclusive and binding on all parties involved in the
dispute.
16.
Non-Appropriation of Funds.
If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City
will not be obligated to make payments for Services or amounts
incurred after the end of the current fiscal period, and this
Agreement will terminate upon the completion of all remaining
Services for which funds are allocated. No penalty or expense
shall accrue to the City in the event this provision applies.
17.
General Provisions.
17.1 Entire Aqreement. This Agreement contains all of
the agreements of the Parties with respect to any matter
covered or mentioned in this Agreement and no prior agreements
shall be effective for any purpose.
17.2 Modification. No provision of this Agreement may
be amended or modified except by written agreement signed by
the Parties.
17.3 Full Force and Effect. Any provision of this
Agreement which is declared invalid or illegal shall in no way
affect or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
17.4 Assiqnment. Neither the Contractor nor the city
shall have the right to transfer or assign, in whole or in
part, any or all of its obligations and rights hereunder
without the prior written consent of the other Party.
17.5 Successors in Interest. Subject to the foregoing
Subsection, the rights and obligations of the Parties shall
inure to the benefit of and be binding upon their respective
successors in interest, heirs and assigns.
17.6 Attorney Fees. In the event either of the Parties
defaults on the performance of any terms of this Agreement or
either Party places the enforcement of this Agreement in the
hands of an attorney, or files a lawsuit, each Party shall pay
all its own attorneys'. fees, costs and expenses. The venue
- 7 -
for any dispute related to this Agreement shall be King
County, Washington.
17.7 No Waiver. Failure or delay of the City to declare
any breach or default immediately upon occurrence shall not
waive such breach or default. Failure of the City to declare
one breach or default does not act as a waiver of the City's
right to declare another breach or default.
17 . 8 Governing Law. This Agreement shall be made in and
shall be governed by and interpreted in accordance with the
laws of the state of Washington.
17.9 Authority. Each individual executing this
Agreement on behalf of the city and Contractor represents and
warrants that such individuals are duly authorized to execute
and deliver this Agreement on behalf of the Contractor or the
City.
17.10 Notices. Any notices required to be given by the
Parties shall be delivered at the addresses set forth below.
Any notices may be delivered personally to the addressee of
the notice or may be deposited in the united states mail,
postage prepaid, to the address set forth below. Any notice
so posted in the united states mail shall be deemed received
three (3) days after the date of mailing.
17.11 captions. The respective captions of the sections
of this Agreement are inserted for convenience of reference
only and shall not be deemed to modify or otherwise affect any
of the provisions of this Agreement.
17.12 Performance. Time is of the essence of this
Agreement and each and all of its provisions in which
performance is a factor. Adherence to completion dates set
forth in the description of the Services is essential to the
Contractor's performance of this Agreement.
17.13 Remedies Cumulative. Any remedies provided for
under the terms of this Agreement are not intended to be
exclusive, but shall be cumulative with all other remedies
available to the City at law, in equity or by statute.
17 . 14
the City's
a result
Agreement,
the City's
Compliance with Ethics Code. If a violation of
Ethics Resolution No. 91-54~ as amended, occurs as
of the formation and/or performance of this
this Agreement may be rendered null and void, oat
option.
- 8 -
17.15 Counterparts. This Agreement may be executed in
any number of counterparts, which counterparts shall
collectively constitute the entire Agreement.
DATED the day and year set forth above.
CITY OF FEDERAL WAY
By:
David H. Moseley, city Manager
33530 1st Way South
Federal Way, WA 98003
ATTEST:
city Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
Ú ~&./~~ ~
City Attorney, Lonði K. Lindell
PROFESSIONAL
INC.
COMMERICAL
CLEANING,
By:
Jerry Purdum
Its: President
30245 148th SE
Kent, WA 98042
(253) 639-2900
a:pcci.mtc
12/29/99 (sf/Parks)
- 9 -
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall perform the following duties:
;
DAILY SERVICES
1.
ACTIVE AREAS: Kitchens/lunchrooms Clean tables, chairs,
counters, sinks and exterior of refrigerators, microwaves,
etc., and arrange furniture. Conference rooms - clean table,
chairs, diaz and podiums. Clean white boards and trays
without disturbing current messages.
DUSTING - All horizontal surfaces within reach to include, but
not be limited to, panel tops, cabinets, tables, accessible
desk tops, chairs and computers.
FLOORS- Sweep and damp mop all hard floors with a neutral
disinfectant.
RESTROOMS/SHOWERS Clean and sanitize counters, sinks,
fixtures, dispensers, toilets, urinals and showers. Sanitize
walls around sinks, partitions and urinals. Check and refill
odorizers, soap and paper dispensers.
SPOT CLEANING - All entry glass, around doors, light switches,
work surfaces and counters.
TRASH - Empty all waste and ash receptacles. Replace liners
as needed. Recycled containers emptied when half full.
Police and dispose of litter and debris outside all entries.
VACUUM - All carpeted areas, exterior mats and sweep exterior
entries.
SECURITY - All doors to remain locked after business hours.
Secure all locks, lights and set alarms prior to leaving the
building. Notify Property Manager of any mechanical, plumbing
or security problems, unusual odors or health hazards.
2.
3.
4.
5.
6.
7.
8.
MONTHLY SERVICES
1.
DETAIL SANITIZE Restroom and kitchen walls, spot clean
hallway walls and public phones. Wipe down cabinets, doors and
community trash receptacles.
DETAIL VACUUM Corners, edges, under work surfaces and
upholstered furniture.
DUSTING - High and low edges, vents and window blinds.
FLOORS - Machine scrub and finish tile floors.
2.
3.
4.
NOTE: City to provide paper and plastic products to include:
dispenser items and trash liners. Contractor to furnish cleaning
supplies and disinfectants tp properly sanitize public facilities
according to manufacturer recommendations. Sanitation is provided
broad spectrum control to included, but not be limited to,.
salmonella, viral germs, etc.
- 11 -
2000 JANITORIAL CONTRACT
COMPENSA TIONIFORMULA
BIDDER: P. C. C. I., Cathy Hartley
Bid for yearly service - $21,564.00
Additional Costs - $1,000.00
Total Yearly Contract - $22,564.00
Bid for monthly service - $1,797.00 (not to include additional costs)
Hourly rate for additional services = $16.60
Average number of work days per month in 2000 = 21
8 daily tasks X 21 days in month = 168 tasks per month
Each daily task deduct = $10.70 Each monthly task deduct rate = $16.60/hr
I:Reports:Contract:PCCI
. t..
~;
Exhibit "B"
. BENEFIT CODE KEY - EFFECTIVE 09-01-99
........................................................................................................................
'.
,;,
I.
T.
OVERTIME CODES
OVERTIME CALCULATIONS ARE BASED ON THE HOURLY RATE ACfUALL Y PAID TO THE WORKER. ON PUBLIC
WORKS PROJECTS, THE HOURLY RATE MUST BE NOT LESS THAN THE PREVAILING RATE OF WAGE MINUS THE
HOURLY RATE OF THE COST OF FRINGE BENEF'lTS ACfUALL Y PROVIDED FOR THE WORKER.
ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE
AND ONE-HALF TIMES THE HOURLY RATE OF WAGE.
A.
ALL HOURS WORKED ON SATURDAYS. SUNDAYS AND HOLIDAYS SHALL ALSO BE PAID AT ONE AND ONE-HALF
TIMES THE HOURLY RATE OF WAGE.
B.
ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE.
ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE.
c.
ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE.
E,
ALL HOURS WORKED ON SA TURDA YS (EXCEPT MAKEUP DAYS), SUNDAYS AND HOLIDAYS SHALL ALSO BE PAID
AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE.
F. .
THE FIRST EIGHT (8) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF
WAGE. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS ON SATURDAY. AND ALL HOURS WORKED ON
SUNDAYS AND HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. ALL
HOURS WORKED ON LABOR DAY SHALL BE PAID AT THREE TIMES THE HOURLY RATE OF WAGE.
ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS IF WORK IS LOST DUJrTO INCLEMENT WEATHER
CONDITIONS OR EQUIPMENT BREAKDOWN) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF
WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLË'THE HOURLY RATE OF
WAGE.
H.
J,
THE FIRST EIGHT'(8) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF
WAGE. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS ON SATURDAY. AND ALL HOURS WORKED ON
SUNDA YS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE.
K.
ALL HOURS WORKED ON SA TURDA YS AND SUNDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY
RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE.
;
L.
ALL HOURS WORKED ON SATIJRDAYS. SUNDAYS AND HOLIDAYS (EXCEPT THANKSGIVING DAY AND CHRISTMAS
DA Y) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON
THANKSGIVING DAY AND CHRISTMAS DAY SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. -
M.
ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS IF WORK IS LOST DUE TO INCLEMENT WEATHER
CONDITIONS) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED
ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE.
ALL HOURS WORKED ON SA TIJRDA YS (EXCEPT MAKEUP DAYS) SHALL BE PAID Ä T ONE AND ONE-HALF TIMES THE
HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE
HOURLY RATE OF WAGE.
N.
P.
ALL HOURS WORKED ON SATIJRDAYS (EXCEPT MAKEUP DAYS) AND SUNDAYS SHALL BE PAID ATONE AND ONE-
HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE
HOURLY RATE OF WAGE. '
Q.
ALL HOURS WORKED ON SATURDAYS SHALL BE PAID ATONE AND ONE-HALFTIMES THE HOURLY RATE OF WAGE.
ALL HOURS WORKED ON SUNDAyS AND HOLIDAYS (EXCEPT CHRISTMAS DAY) SHALL BE PAID AT DOUBLE THE
HOURLY RATE OF WAGE. ALL HOURS WORKED ON CHRISTMAS DAY SHALL BE PAID AT TWO AND ONE-HALF
TIMES THE HOURLY RATE OF WAGE.
R.
ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE.
S.
ALL HOURS WORKED ON SUNDAYS BElWEEN THE HOURS OF 12:ooAM SUNDAY AND 6:00AM MONDAY AND ON
HOLIDA YS SHALL BE PAID AT DOUBLE mE HOURLY RATE OF WAGE.
ALL HOURS WORKED ON SA TURDA YS. EXCEPT MAKE-UP DAYS. SHALL BE PAID AT ONE AND ONE-HALF TIMES THE
HOURL Y RATE OF WAGE. ALL HOURS WORKED AFfER 6:00PM SA TURDA Y TO 6:00AM MONDAY AND ON HOLIDAYS
SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE,
U.
ALL HOURS WORKED ON SA TURDA YS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE.
ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT TWO TIMES THE
HOURLY RATE OF WAGE. ALL HOURS WORKED ON LABOR DAY SHALL BE PAID AT THREE TIMES THE HOURLY
RATE OF WAGE.
State of Washington
Department of labor and Industries
Prevailing Wage Section - Telephone (360) 902-5335
PO Box 44540, Olympia, WA 98504-4540
Washington State Prevailing Wage Rates
The PRE':' AILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public
works projects, workers' wage and benefit rates must add to not less than this total. A brief description of overtime
calculation requirements is provided on the Benefit Code Key. .
'l-
~.
..'
¡
r
... ..................................................................................................-.-................-.... -.. ¿ . -. --............................---
........................................................................................................-.....................u..u..¿ ....... .. """"""".."""""'-"" . ¿. ¿ --
(See Benefit Code Key)
Over
Time Holiday
Code Code
BUILDING SERVICE EMPLOYEES
EFFECTIVE 09-01-99 .
Classification
PREVAILING
WAGE
Note
Code
Counties Covered:
'ADAMS, ASOTIN, BENTON, CHELAN, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT,
KITTITAS, KLiCKITAT, LINCOLN, OKANOGAN, PEND ORElllE, SPOKANE, STEVENS, WALLA WALLA.
WHITMAN AND YAKIMA
JANITOR
WAXER
WINDOW CLEANER
$5.70
$5.70
$5.70
5T
5T
-. 5T
Counties Covered:
CLAlLAM, GRAYS HARBOR, JEFFERSON, KITSAP, LEWIS, MASON, PACIFIC, PIERCE AND THURSTON
JANITOR
WAXER
WINDOW CLEANER
$6.89
$7.30
$10.69
. 18
18
18
5U
5U
5U
Counties Covered:
CLARK AND SKAMANIA
JANITOR
WAXER
WINDOW CLEANER
$7.62
$9.53
$11.77
5V
SV
sv
Counties Covered:
COWLITZ AND WAHKIAKUM
JANITOR
WAXER
WINDOW & RUG CLEANER
$5.75
$6.77
$6.77
sw
5W
5W
Counties Covered:.
ISLAND, SAN JUAN, SKAGIT AND WHATCOM
JANITOR
WAXER
WINDOW CLEANER
55.70
$5.70
$5.71
1C
1C
1C
5X
5X
5X
Counties Covered:
KING
JANITOR
TRAVELING WAXERISHAMPOOER
lNDOW CLEANER (NON-SCAFFOLD)
WINDOW CLEANER (SCAFFOLD)
$11.89
$12.31
$16.08
$17.07
2F
2F
2F
2F
Page 1
50
50
50
50
~ ~ ~~~~ ~~ ~~:~: ~=15 ~~~O~m mmmm ~~~~~ y~? mmmmmmmmmmm
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
. ß Y.~~~ ç:r ~}.~. ~.~. . ~ A~ ~~~.ç I 9..~ . ~.!.A !.~ß.9. ¥..!.~ ~-~.. Y.M.~ ~~. ~ . A~ ~ .9. ç ~A..!.~ Q ~.. ç.9. NI ~.ç.!.... . . .....
CATEGORY:
BUDGET IMPACT:
X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMA TI 0 N
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
,......................................................................................................................................................................................................
............................................................
....A !.!.A ç~.~~ NI.~. ;.... S~.9.~ ~ ~.~ ..ç9.~.~ ~~.~~. ~~~~ggJ <?~..~~~~~J~ ~~J~.!..~.Q.Q.Q.~..~9.g~~~~~..................... .... .............. ...........
SUMMARY/BACKGROUND: The Parks, Recreation and Cultural Services Department has been
contracting with the Washington State Softball Umpires Association since 1992 to provide umpires for the
adult softball league program. The requested amount for 2000 is $30,000. It is anticipated that the 2000
program will realize a small increase in size compared to 1999. Currently, the leagues fill to capacity
based on the inventory of suitable facilities. The adult softball program is sanctioned by the United States
Slowpitch Softball Association (USSSA). Our affiliation with USSSA dictates that the City contract for
.. .~~P. ~F~~. .~~~Þ. .~.. ~.~~9.~.~~~.~ 9.g. ~~~!).~.. Y.ê. ~ ê A.. ~.~~~.~~.~:..................................................... .......................,.............. ..........................
................
CITY COUNCIL COMMITTEE RECOMMENDATION: On January 24, the Parks, Recreation,
Human Services & Public Safety Council Committee recommended forward to full Council on February
15 approval of the 2000 Washington State Softball Umpires Association contract in the amount of
,...$.~.Q?9.9.Q.:......................................................................................................................................................."""""",,"""""""""""""""""""""""
""""""""""""
CITY MANAGER RECOMMENDATION: MOTION TO APPROVE THE 2000 WASHINGTON
ßTA T~ ..~.9. ¥!.~.~ !-... Y..M~.P:.~~. ~.. A~ .~.9. ÇJA T! .9. N ..ç Q ;N".!,~ ç I IN ..!.~ ~. .AM..9. YNI... Q.¥. . .$~.9 '- ~ ~~. ~. .... .. .... . . ..
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
T ABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
;
Date:
January 18, 12000
From:
Kurt Reuter, Athletics & Specialized Services Manager
Subject:
2000 Washington State Softball Umpires Association Contract
Back~round:
The Parks, Recreation and Cultural Services Department has contracted with the Washington
State Softball Umpires Association since 1992 to provide umpires for the adult softball league
program. The requested amount for 2000 is $30,000. It is anticipated that the 2000 adult softball
program will realize a small increase in size compared to 1999. Currently, the leagues fill to
capacity based on the inventory of suitable facilities. The City of Federal Way adult softball
program is sanctioned by the United State Slowpitch Softball Association (USSSA). Our
affiliation with USSSA dictates that we contract for umpires with an association that is USSSA
certified. The attached contract, in draft form, is currently under review by the Law Department.
Committee Recommendation:
Motion to forward to full Council on February 15 approval of the 2000 Washington State Softball
Umpires Association contract in the amount of $30,000.
APPROVAL OF COMMITTEE REPORT:
)~ ;.~~~
L~
SERVICES AGREEMENT
FOR
PROFESSIONAL SOFTBALL UMPIRES
This Services Agreement ("Agreement") is dated effective this
2nd day of January, 2000. The parties ("Parties") to this
Agreement are the City of Federal Way, a Washington municipal
corporation ("City"), and Washington State Umpires Association of
Seattle, a Washington corporation ("Contractor").
A. The
independent
supervision,
for the 2000
City seeks the temporary services of a skilled
contractor capable of working without direct
in the capacity of providing softball umpire services
softball season; and
B. The Contractor has the requisite skill and experience
necessary to provide such services.
NOW, THEREFORE, the Parties agree as follows:
1.
Services.
Contractor shall provide the services more specifically described
in Exhibit "A", attached hereto and incorporated by this reference
("Services"), in a manner consistent with the accepted practices
for other similar services, performed to the City's satisfaction,
within the time period prescribed by the City and pursuant to the
direction of the City Manager or his or her designee.
2.
Term.
The term of this Agreement shall commence upon the effective
date of this Agreement by both of the Parties and shall continue
until the completion of the Services, but in any event no later
than December 31, 2000 ("Term"). This Agreement may be extended
for additional periods of time upon the mutual written agreement of
the City and the Contractor.
3.
Termination.
Prior to the expiration of the Term, this Agreement may be
terminated immediately, with or without cause by the City. The
Contractor may cancel this Agreement only upon thirty (30) days
prior written notice to the City.
4.
Compensation.
4.1 Total Com?ensation. In consideration of the
Contractor performing the Services, the City agrees to pay the
Contractor, an amount equal to the sum of Thirty Thousand
Dollars and No/100 ($30,000.00), calculated on the basis of
the rate schedule for Contractor's services attached hereto as
Exhibit IIAII.
4.2 Method of Payment. Payment by the City for the
Services will only be made after the Services have been
performed, a voucher or invoice is submitted in the form
specified by the City, which invoice shall specifically
describe the Services performed, the hourly labor charge rate
for such personnel, and the same is approved by the
appropriate City representative. Payment shall be made on a
monthly basis, thirty (30) days after receipt of such voucher
or invoice.
4.3 Contractor Responsible for Taxes. The Contractor
shall be solely responsible for the payment of any taxes
imposed by any lawful jurisdiction as a result of the
performance and payment of this Agreement.
;
5.
Compliance with Laws.
Contractor shall comply with and perform the Services in
accordance with all applicable federal, state, and City laws
including, without limitation, all City codes, ordinances,
resolutions, standards and policies, as now existing or hereafter
adopted or amended.
6.
Warranty.
The Contractor warrants that it has the requisite training,
skill and experience necessary to provide the Services and is
appropriately accredited and licensed by all applicable agencies
and governmental entities, including but not limited to being
registered to do business in the City of Federal Way by obtaining
a City of Federal Way business registration.
7.
Independent Contractor/Conflict of Interest.
It is the intention and understanding of the Parties that the
Contractor shall be an inde~endent contractor and that the City
- 2 -
shall be neither liable nor obligated to pay Contractor sick leave,
vacation payor any other benefit of employment, nor to pay any
social security or other tax which may arise as an incident of
employment. The Contractor shall pay all income and other taxes as
due. Industrial or any other insurance which is purchased for the
benefit of the City, regardless of whether such may provide a
secondary or incidental benefit to the Contractor, shall not be
deemed to convert this Agreement to an employment contract. It is
recognized that Contractor mayor will be performing professional
services during the Term for other parties; provided, however, that
such performance of other services shall not conflict with or
interfere with Contractor's ability to perform the Services.
Contractor agrees to resolve any such conflicts of interest in
favor of the City.
8.
Indemnification.
8.1 Contractor Indemnification. The Contractor agrees
to indemnify, defend and hold the City, itß elected officials,
officers,_employees, agents, and volunteers harmless from any
and all claims, demands, losses, actions and liabilities
(including costs and all 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 Agreement to the
extent caused by the negligent acts, errors or omissions of
the Contractor, its partners, shareholders, agents, employees,
or by the Contractor's breach of this Agreement. Contractor
waives any immunity that may be granted to it under the
Washington State Industrial Insurance Act, Title 51 RCW.
Contractor's indemnification shall not be limited in any way
by any limitation on the amount of damages, compensation or
benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other
benefits acts or programs.
8.2 City Indemnification. The City agrees to indemnify,
defend and hold the Contractor, its officers, directors,
shareholders, 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 Agreement to the
- 3 -
extent solely caused by the negligent acts,
omissions of the City, its employees or agents.
errors,
or
8.3 Survival. The provisions
survive the expiration or termination
respect to any event occurring prior
termination.
of this Section shall
of this Agreement with
to such expiration or
9.
Equal O?portunity Employer.
In all Contractor services, programs or activities, and all
Contractor hiring and employment made possible by or resulting from
this Agreement, there shall be no discrimination by Contractor or
by Contractor I s employees, agents, subcontractors or
representatives against any person because of sex, age (except
minimum age and retirement provisions), race, color, creed,
national origin, marital status or the presence of any disability,
including sensory, mental or physical handicaps, unless based upon
a bona fide occupational qualification in relationship to hiring
and employment: This requirement shall apply, but not be limited
to the following: employment, advertising, layoff or termination,
rates of payor other forms of compensation, and selection for
training, including apprenticeship. Contractor shall not violate
any of the terms of Chapter 49.60 RCW, Title VII of the Civil
Rights Act of 1964, the Americans With Disabilities Act, Section
504 of the Rehabilitation Act of 1973 or any other applicable
federal, state or local law or regulation regarding non-
discrimination. Any material violation of this provision shall be
grounds for termination of this Agreement by the City and, in the
case of the Contractor's breach, may result in ineligibility for
further City agreements.
10.
Confidentiality.
All information regarding
performance of this Agreement
Breach of confidentiality' by
immediate termination.
the City obtained by Contractor in
shall be considered confidential.
Contractor will be grounds for
11.
Insurance.
The Contractor agrees to carry as a minimum, the following
insurance, in such forms and with such carriers who have a rating
which is satisfactory to the City:
- 4 -
11.1 Workers' compensation and employer's liability
insurance in amounts sufficient pursuant to the laws of the
State of Washington;
11.2 Commercial general liability insurance with
combined single limits of liability not less than $2,000,000
for bodily injury, including personal injury or death,
products liability and property damage.
11.3 Automobile liability insurance with combined single
limits of liability not less than $2,000,000 for bodily
injury, including personal injury or death and property
damage.
The City shall be named as additional insured on all such
insurance policies, with the exception of workers' compensation
coverages. Contractor shall provide certificates of insurance,
concurrent with the execution of this Agreement, evidencing such
coverage and, at City's request, furnish the City with copies of
all insurance policies and with evidence of payment of premiums or
fees of such policies. All insurance policies shall contain a
clause of endorsement providing that they may not be terminated or
materially amended during the Term of this Agreement, except after
thirty (30) days prior written notice to the City. If Contractor's
insurance policies are "claims made" or "claims paid", Contractor
shall be required to maintain tail coverage for a minimum period of
three (3) years from the date this Agreement is actually
terminated. Contractor I s failure to maintain such insurance
policies shall be grounds for the City's immediate termination of
this Agreement.
The provisions of this Section shall survive the expiration or
termination of this Agreement with respect to any event occurring
prior to such expiration or termination.
12.
Books and Records.
The Contractor agrees to maintain books, records, and
documents which sufficiently and properly reflect all direct and
indirect costs related to the performance of the Services and
maintain such accounting procedures and practices as may be deemed
necessary by the City to assure proper accounting of all funds paid
pursuant to this Agreement. These records shall be subject, at all
reasonable times, to inspection, review or audit by the City, its
- 5 -
authori zed representative, the State Audi tor, or other governmental
officials authorized by law to monitor this Agreement.
13.
Non-Appropriation of Funds.
If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City
will not be obligated to make payments for Services or amounts
incurred after the end of the current fiscal period, and this
Agreement will terminate upon the completion of all remaining
Services for which funds are allocated. No penalty or expense
shall accrue to the City in the event this provision applies.
14.
General Provisions.
14.1 Entire Aqreement. This Agreement contains all of
the agreements of the Parties with respect to any matter
covered or mentioned in this Agreement and no prior agreements
shall be effective for any purpose.
14.2 Modification. No provision of this Agreement may
be amended or modified except by written agreement signed by
the Parties.
14.3 Full Force and. Effect. Any provision of this
Agreement which is declared invalid or illegal shall in no way
affect or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
14.4 Assignment. Neither the Contractor nor the City
shall have the right to transfer or assign, in whole or in
part, any or all of its obligations and rights hereunder
without the prior written consent of the other Party.
14.5 Successors in Interest. Subject to the foregoing
Subsection, the rights and obligations of the Parties shall
inure to the benefit of and be binding upon their respective
successors in interest, heirs and assigns.
14.6 Attorney Fees. In the event either of the Parties
defaults on the performance of any terms of this Agreement or
either Party places the enforcement of this Agreement in the
hands of an attorney, or files a lawsuit, each Party shall pay
all its own attorneys' fees, costs and expenses. The venue
- 6 -
for any dispute related to
County, Washington.
this Agreement
shall
be
King
14.7 No Waiver. Failure or delay of the City to declare
any breach or default immediately upon occurrence shall not
waive such breach or default. Failure of the City to declare
one breach or default does not act as a waiver of the City's
right to declar~ another breach or default.
14.8 Governinq Law. This Agreement shall be made in and
shall be governed by and interpreted in accordance with the
laws of the State of Washington.
14.9 Authority. Each individual executing this
Agreement on behalf of the City and Contractor represents and
warrants that such individuals are duly .authorized to execute
and deliver this Agreement on behalf of the Contractor or the
City. .
14.10 Notices. Any notices required to be given by the
Parties shall be delivered at the addresses set forth below.
Any notices may be delivered personally to the addressee of
the notice or may be deposited in the United States mail,
postage prepaid, to the address set forth below. Any notice
so posted in the United States mail shall be deemed received
three (3) days after the date of mailing.
14.11 Captions. The respective captions of the Sections
of this Agreement are inserted for convenience of reference
only and shall not be deemed to modify or otherwise affect any
of the provisions of this Agreement.
14.12 Performance. Time is of the essence of this
Agreement and each and all of its provisions in which
performance is a factor. Adherence to completion dates set
forth in the description of the Services is essential to the
Contractor's performance of this Agreement.
14.13 Remedies Cumulative. Any remedies provided for
under the terms of this Agreement are not intended to be
exclusive, but shall be cumulative with all other remedies
available to the City at law, in equity or by statute.
- 7 -
14.14 Counterparts. This Agreement may be executed in
any number of counterparts, which counterparts shall
collectively constitute the entire Agreement.
;
14.15
the City's
a result
Agreement,
the City's
Compliance with Ethics Code. If a violation of
Ethics Resolution No. 91-54, as amended, occurs as
of the formation and/or performance of this
this Agreement may be rendered null and void, at
option.
DATED the day and year set forth above.
CITY OF FEDERAL WAY
By:
David H. Moseley, City Manager
33530 1st Way South
Federal Way, WA 98003
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
td; Lh~ -Iv
City Attorney, )Londi K. Lindell
WASHINGTON STATE UMPIRES ASSOCIATION
OF SEATTLE
By:
Dale McGregor
Its: State Umpire-in-Chief
19516 63rd Place N.E.
Seattle, WA 98155
(425) 481-2005
- 8 -
EXHIBIT flAil
WASHINGTON STATE SOFTBALL UMPIRES ASSOCIATION OF SEATTLE
1.
f.
SERVICES
The City agrees to the following:
a.
Furnish the Contractor with two (2) copies of the
original schedule at least ten (10) working days prior to
the start of league play.
b.
Furnish the Contractor with two (2) copies of the Pre'
and/or Post Season Jamboree, playoff schedule, or other
tournament type game schedule at least ten (10) working
days prior to the scheduled event.
c.
Notify the Contractor of cancellations at least twenty-
four (24) hours prior to game time. The game fee will be
assessed when not notified except in case of rain or
inclement weather.
d.
Notify the Contractor of rescheduled games by mail and
phone call three (3) days prior to rescheduled games,
understanding that reschedules will be accommodated on a
first come, first served basis in direct relationship to
availability of umpires.
e.
Delegate one (1) representative from the City to
coordinate all scheduled games. Furnish the Contractor
with the delegated representative I s name, address and
phone number.
Pay the full game fee for any game officiated by
Contractor in which four (4) innings or more are
completed.
2.
The Contractor agrees to the following:
a.
b.
Assign qualified umpires to each game submitted by the
City.
Notify the City at least three (3) hours prior to game
time, if no umpire will be provided. If the City is not
notified, Contractor will reimburse the City the full
game fee.
- 9 -
3." The City agrees to pay the following fees for services:
a. One umpire - single game $27.00
b. One umpire - two or more games $22.00
c. Two umpires - single game $48.00
d. Two umpires - two or more games $38.00
;
- 10 -
MEETING DATE: February 15,2000
ITEM#
v (A)
....................................................,........................................................................................................""""""""""""""""""""""""""""""""""""""""".
..................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: 2000 SKYHA WKS SPORTS ACADEMY CONTRACT
.......................................................................................................................................................................................................
...........................................................
CATEGORY:
BUDGET IMP ACT:
X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
...................................,...................................................................................................................................................................
.....................................oooo...................
...~r..r..~ç~.~~~.!.~.~......ç~:':l.~~~.~..ç~~.~~~.~~.~~~~.~.~..r<?~..~~~~~J.~~~J~.L~ggg.~..~9.~~~~~~......................................oo..........
SUMMARY/BACKGROUND: The Parks, Recreation and Cultural Services Department has been
contracting for youth sports camps with Skyhawks Sports Academy since 1992. The sports camps have
been very successful. The amount paid to Skyhawks for camps in 1999 was approximately $26,000. The
City retains ten percent of gross receipts collected from these camps. Staff anticipates the registration for
2000 camps to increase due to additional programs offered by Skyhawks. The amount of the 2000 contract
..}~..$}.?!QQQ:....oo.............oo..................................................................................................................oo............oo.................................
.......................................-......
CITY COUNCIL COMMITTEE RECOMMENDATION: On January 24, the Parks, Recreation,
Human Services & Public Safety Council Committee recommended authorizing the City Manager to enter
into an agreement with the Skyhawks Sports Academy for the year 2000 in the amount of $35,000 and
..f~~.~~ ..~!?.~g.ç!?. ~~.~~.9. ~..!'.~Þ..~.~}.~:.. ................ .......... ...................... .............. .............. .................. ............. .......... .........
.................... ........ OOoooo.
CITY MANAGER RECOMMENDATION: MOTION TO AUTHORIZE THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH THE SKYHA WKS SPORTS ACADEMY FOR THE
... x.~.~. .~.~.~g.. ~N.. r..~~..AM.Q Y.~.!.. Q.¥.. .~.~.~.~QQQ ~.......... ...........................................................................................................................
...........
APPRO~SION IN COUNCIL
PACKET: .-'
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
Date:
January 18,2000
From:
Kurt Reuter, Athletics and Specialized Services Manager
Subject:
2000 Skyhawks Sports Academy Contract
Backeround:
The Parks, Recreation and Cultural Services Department has been contracting for youth sports camps
with Skyhawks Sports Academy since 1992. The sports camps have been very successful. The
participant evaluations from these camps are consistently good. The amount paid to Skyhawks for
camps in 1999 was approximately $26,000. The City retains ten percent of gross receipts collected
from these camps. Staff anticipates the registration for 2000 camps to increase because additional
programs by the Skyhawks will be offered. The amount of the 2000 contract is $35,000.
Committee Recommendation:
Motion to authorize the City Manager to enter into an agreement with the Skyhawks Sports
Academy for the year 2000 in the amount of$35,000 and forward to full Council on February 15.
APPROVAL OF COMMITTEE REPORT:
/...r-rJ~.- n/~ ! ~
mmittee Chair comíÍlit~e Member
~
l/
PROFESSIONAL SERVICES AGREEMENT
FOR
SPORTS CAMP COORDINATOR
This Professional Services Agreement ("Agreement") is dated
effective this 2nd day of January, 2000. The parties ("Parties")
to this Agreement are the City of Federal Way, a Washington
municipal corporation ("City"), and Skyhawks Sports Academy Inc.,
a Washington Corporation ("Contractor").
A. The City seeks the temporary professional services of a
skilled independent contractor capable of working without direct
supervision, in the capacity of providing coordination of and/or
instruction in youth sports camps; and
B. The Contractor has the requisite skill and experience
necessary to provide such services.
NOW, THER?FORE, the Parties agree as follows:
1.
Services.
Contractor shall provide the services more specifically described
in Exhibit "A", attached hereto and incorporated by this reference
("Services"), in a manner consistent with the accepted practices
for other similar services, performed to the City's satisfaction,
within the time period prescribed by the City and pursuant to the
direction of the City Manager or his or her designee.
2.
Term.
The term of this Agreement shall commence upon the effective
date of this Agreement by both of the Parties and shall continue
until the completion of the Services, but in any event no later
than December 31, 2000 ("Term"). This Agreement may be extended
for additional periods of time upon the mutual written agreement of
the City and the Contractor.
3.
Termination.
Prior to the expiration of the Term, this Agreement may be
terminated immediately, with or without cause by the City. The
Contractor may cancel this Agreement only upon thirty (30) days
prior written notice to the City.
4.
Compensation.
4.1 Total Compensation. In consideration of the
Contractor performing the Services, the City agrees to pay the
Contractor a percentage of gross receipts as set forth in
Exhibit "A" attached hereto and incorporated by this
reference; provided, however, that such total amount shall not
exceed Thirty Five Thousand Dollars and no/100 ($35,000.00)
during the term of this Agreement.
4.2 Method of Payment. Payment by the City for the
Services will only be made after the Services have been
performed, a voucher or invoice is submitted in the form
specified by the City, which invoice shall specifically
describe the Services performed, and the same is approved by
the appropriate City representative. Payment shall be made on
a monthly basis, thirty (30) days after receipt of such
voucher or invoice.
4.3 Contractor Responsible for Taxes. The Contractor
shall be solely responsible for the payment of any taxes
imposed by any lawful jurisdiction as a result of the
performance and payment of this Agreement.
5.
Compliance with Laws.
Contractor shall comply with and perform the Services in
accordance with all applicable federal, state, and City laws
including, without limitation, all City codes, ordinances,
resolutions, standards and policies, as now existing or hereafter
adopted or amended.
6.
Warranty.
The Contractor warrants that it has the requisite training,
skill and experience necessary to provide the Services and is
appropriately accredited and licensed by all applicable agencies
and governmental entities, including but not limited to being
registered to do business in the City of Federal Way by obtaining
a City of Federal Way business registration.
7.
Independent Contractor/Conflict of Interest.
It is the intention and understanding of the Parties that the
Contractor shall be an independent contractor and that the City
- 2 -
shall be neither liable nor obligated to pay Contractor sick leave,
vacation payor any other benefit of employment, nor to pay any
social security or other tax which may arise as an incident of
employment. The Contractor shall pay all income and other taxes as
due. Industrial or any other insurance which is purchased for the
benefit of the City, regardless of whether such may provide a
secondary or incidental benefit to the Contractor, shall not be
deemed to convert this Agreement to an employment contract. It is
recognized that Contractor mayor will be performing professional
services during the Term for other parties; provided, however, that
such performance of other services shall not conflict with or
interfere with Contractor's ability to perform the Services.
Contractor agrees to resolve any such conflicts of interest in
favor of the City.
8.
Indemnification.
8.1 Contractor Indemnification. The Contractor agrees
to indemnify, defend and hold the City, its elected officials,
officers,_employees, agents, and volunteers harmless from any
and all claims, demands, losses, actions and liabilities
(including costs and all 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 Agreement to the
extent caused by the negligent acts, errors or omissions of
the Contractor, its partners, shareholders, agents, employees,
or by the Contractor's breach of this Agreement. Contractor
waives any immunity that may be granted to it under the
Washington State Industrial Insurance Act, Title 51 RCW.
Contractor's indemnification shall not be limited in any way
by any limitation on the amount of damages, compensation or
benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other
benefits acts or programs.
8.2 City Indemnification. The City agrees to indemnify,
defend and hold the Contractor, its officers, directors,
shareholders, 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 Agreement to the
- 3 -
extent solely caused by the negligent acts,
omissions of the City, its employees or agents.
errors,
or
8.3 Survival. The provisions of
survive the expiration or termination of
respect to any event occurring prior to
termination.
this Section shall
this Agreement with
such expiration or
9.
Equal Opportunity Employer.
In all Contractor services, programs or activities, and all
Contractor hiring and employment made possible by or resulting from
this Agreement, there shall be no discrimination by Contractor or
by Contractor's employees, agents, subcontractors or
representatives against any person because of sex, age (except
minimum age and retirement provisions), race, color, creed,
national origin, marital status or the presence of any disability,
including sensory, mental or physical handicaps, unless based upon
a bona fide occupational qualification in relationship to hiring
and employment: This requirement shall apply, but not be limited
to the following: employment, advertising, layoff or termination,
rates of payor other forms of compensation, and selection for
training, including apprenticeship. Contractor shall not violate
any of the terms of Chapter 49.60 RCW, Title VII of the Civil
Rights Act of 1964, the Americans With Disabilities Act, Section
504 of the Rehabilitation Act of 1973 or any other applicable
federal, state or local law or regulation regarding non-
discrimination. Any material violation of this provision shall be
grounds for termination of this Agreement by the City and, in the
case of the Contractor's breach, may result in ineligibility for
further City agreements.
;
10.
Confidentiality.
All information regarding
performance of this Agreement
Breach of confidentiality by
immediate termination.
the City obtained by Contractor in
shall be considered confidential.
Contractor will be grounds for
11.
Insurance.
The Contractor agrees to carry as a minimum, the following
insurance, in such forms and with such carriers who have a rating
which is satisfactory to the City:
- 4 -
11.1 Workers I compensation and employer's liability
insurance in amounts sufficient pursuant to the laws of the
State of Washington;
11.2 Commercial general liability insurance with
combined single limits of liability not less than $2,000,000
for bodily injury, including personal injury or death,
products liability and property damage.
11.3 Automobile liability insurance with combined single
limits of liability not less than $2,000,000 for bodily
injury, including personal injury or death and property
damage.
The City shall be named as additional insured on all such
insurance policies, with the exception of workers' compensation
coverages. Contractor shall provide certificates of insurance,
concurrent with the execution of this Agreement, evidencing such
coverage and, at City's request, furnish the City with copies of
all insurance policies and with evidence of payment of premiums or
fees of such policies. All insurance policies shall contain a
clause of endorsement providing that they may not be terminated or
materially amended during the Term of this Agreement, except after
thirty (30) days prior written notice to the City. If Contractor's
insurance policies are "claims made" or "claims paid", Contractor
shall be required to maintain tail coverage for a minimum period of
three (3) years from the date this Agreement is actually
terminated. Contractor's failure to maintain such insurance
policies shall be grounds for the City's immediate termination of
this Agreement.
The provisions of this Section shall survive the expiration or
termination of this Agreement with respect to any event occurring
prior to such expiration or termination.
12.
Books and Records.
The Contractor agrees to maintain books, records, and
documents which sufficiently and properly reflect all direct and
indirect costs related to the performance of the Services and
maintain such accounting procedures and practices as may be deemed
necessary by the City to assure proper accounting of all funds paid
pursuant to this Agreement. These records shall be subject, at all
reasonable times, to inspection, review or audit by the City, its
- 5 -
"d
authorized representative, the State Auditor, or other governmental
officials authorized by law to monitor this Agreement.
13.
Non-Appropriation of Funds.
If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City
will not be obligated to make payments for Services or amounts
incurred after the end of the current fiscal period, and this
Agreement will terminate upon the completion of all remaining
Services for which funds are allocated. No penalty or expense
shall accrue to the City in the event this provision applies.
General Provisions.
14.
14.1 Entire Agreement. This Agreement contains all of
the agreements of the Parties with respect to any matter
covered or mentioned in this Agreement and no prior agreements
shall.be effective for any purpose.
14.2 Modification. No provision of this Agreement may
be amended or modified except by written agreement signed by
the Parties.
14.3 Full Force and Effect. Any provision of this
Agreement which is declared invalid or illegal shall in no way
affect or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
14.4 Assiqnment. Neither the Contractor nor the City
shall have the right to transfer or assign, in whole or in
part, any or all of its obligations and rights hereunder
without the prior written consent of the other Party.
14.5 Successors in Interest. Subject to the foregoing
Subsection, the rights and obligations of the Parties shall
inure to the benefit of and be binding upon their respective
successors in interest, heirs and assigns.
14.6 Attorney Fees. In the event either of the Parties
defaults on the performance of any terms of this Agreement or
either Party places the enforcement of this Agreement in the
hands of an attorney, or files a lawsuit, each Party shall pay
all its own attorneys' fees, costs and expenses. The venue
- 6 -
for any dispute related to this Agreement
County, Washington.
shall
be King
14.7 No Waiver. Failure or delay of the City to declare
any breach or default immediately upon occurrence shall not
waive such breach or default. Failure of the City to declare
one breach or default does not act as a waiver of the City's
right to declare another breach or default.
14.8 Governinq Law. This Agreement shall be made in and
shall be governed by and interpreted in accordance with the
laws of the State of Washington.
14.9 Authority. Each individual executing this
Agreement on behalf of the City and Contractor represents and
warrants that such individuals are duly authorized to execute
and deliver this Agreement on behalf of the Contractor or the
City.
14.1~ Notices. Any notices required to be given by the
Parties shall be delivered at the addresses set forth below.
Any notices may be delivered personally to the addressee of
the notice or may be deposited in the United States mail,
postage prepaid, to the address set forth below. Any notice
so posted in the United States mail shall be deemed received
three (3) days after the date of mailing.
14.11 Captions. The respective captions of the Sections
of this Agreement are inserted for convenience of reference
only and shall not be deemed to modify or otherwise affect any
of the provisions of this Agreement.
14.12 Performance. Time is of the essence of this
Agreement and each and all of its provisions in which
performance is a factor. Adherence to completion dates set
forth in the description of the Services is essential to the
Contractor's performance of this Agreement.
14.13 Remedies Cumulative. Any remedies provided for
under the terms of this Agreement are not intended to be
exclusive, but shall be cumulative with all other remedies
available to the City at law, in equity or by statute.
- 7 -
14.14 Counterparts. This Agreement may be executed in
any number of counterparts, which counterparts shall
collectively constitute the entire Agreement.
14.15
the City's
a result
Agreement,
the City's
Compliance with Ethics Code. If a violation of
Ethics Resolution No. 91-54, as amended, occurs as
of the formation and/or performance of this
this Agreement may be rendered null and void, at
option.
DATED the day and year set forth above.
CITY OF FEDERAL WAY
By:
David H. Moseley, City Manager
33530 1st Way South
Federal Way, WA 98003
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
¡{ç k k1~~~ -h.--
Clty Attorney, Lobdi K. Lindell
SKYHAWKS SPORTS ACADEMY
By:
Jeff Heimbigner
Its: President
P.O. Box 18529
Spokane, WA 99208
(509) 482-7804
- 8 -
EXHIBIT IIAII
SKYHAWKS SPORTS ACADEMY
The Skyhawks Sports Academy shall conduct quality instruction for
soccer, baseball, basketball and street hockey at a 15 to 1 player
ratio which will provide participants the knowledge of:
1.
Rules of the game.
2.
Requirements of individual position play and the players
role.
3.
The correct procedure in passing,
hitting, throwing and fielding.
shooting, dribbling,
4.
The importance of team play, spirit and sportsmanship.
5.
The ímportance of individual and team discipline.
6.
Provide trained coaches and instructors, equipment,
t-shirts and a sports ball when applicable.
The City shall, in return, provide:
1.
Adequate facilities with restrooms and water.
2.
Administering registration and Feferral calls.
The City shall reimburse the Skyhawks Sports Academy 90% (ninety
percent) of gross receipts for all camps conducted. The City shall
retain 10% (ten percent) of gross receipts for all sports camps
conducted. Additionally, the City shall return to Skyhawks Sports
Academy 100% (one hundred percent) of all Campership donations.
- 9 -
MEETING DATE: February 15,2000
ITEM# \! C ì )
""""""""""""""""""""""""""""""""""""""""""""""'"................................................................,......................................................................................
.............
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: AG99-125; North Fork Hylebos Stream Restoration Project - Final Project Acceptance and
Retainage Release.
....................................................................................,.........................................................................................,........................
...........................................................
CATEGORY:
BUDGET IMPACT:
X CONSENT
_ORDINANCE
_BUSINESS
HEARING
_FYI
_RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.........................................................................................................................................................."............................................
...........................................................
. .. ~ !.!.~ ~ !!~~~!.~. :......~ ~??: ? ~~ ~ ~ .~.?..~~ ~. ~.~ ~ y ~.~. ~ ~ .!. !.~~ P.~ ~~ ~~.?~..~.?. ~ ~ ~~ ~. ~~ ~~. ~ . ! ~ ~.~ . 3 ~ ?.~ggg.: .. .
SUMMARYIBACKGROUND: The referenced project has been completed by Roadway Construction, Inc.
The final construction cost was $60,734.55, which is approximately $6,073.45 below the original engineer's
...~ ~ ~~.~~ t.~ ?}~.~ ~ ~ ~~? ~..~? ?~.~~~.~~ ? ~. ~? ~ ~.~ ~~ ~ ?.~ r?. ~.~.~ ~ . ~.~~.. ~ p p ~ ~ ~ ~.~..? r..Ç, .? ~? ~ ~.~ ..?.~.. ~ ~ ~ ~~ ~ } .'. J ~ ~ ~ :..... .. .. .. .....
.. .. .. .... . .. ..
CITY COUNCIL COMMITTEE RECOMMENDATION: At its January 24, 2000 meeting, the Land Use
and Transportation Committee forwarded to the full City Council for approval, the staff recommendation to
.. .~~.~ ~P.~.. ~.~.~ . ~ ?~~ X ~ ~ ~ . ~X.~ : ~.? ~ ..~.~~:~ ..~: ~ ~? ~~ ~~.? ~ . ~!? J. ~.~ ~ . ~~ ~ . ~ ~ ~~?!~~: . ~~~.. ~~.~~~?.~~ ~.. ~~. ~ : ~.~. ~:.. .. .. .... .. .. ......
.. ........ .... .
CITY MANAGER RECOMMENDATION: Motion to approve the staff recommendation to accept the
...~?~~X?~~.~x.~~~.?~..~.~!:~..~:~~?~~~~.?~..~!?.J.~.~~.~~.~~~~?~~.~:.~~~..~et~~?~~~..~~.~:~.~.~:.................................................".........
APPROVED FOR INCLUSION IN COUNCIL PAC
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
K:ICOUNCILlAGDBILLSI2000Inorth fork west hylebos final acceptance.wpd
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
APPROVED
DENIED
- T ABLE DID EFERRED/N 0 A CTI 0 N
DATE:
January 20, 2000
TO:
Phil Watkins, Chair
Land Use and Transportation Committee
FROM:
Daria Wise, Surface Water Quality Coordinator
~
...
SUBJECT:
AG99-002; North Fork West Hylebos Fish Passage Improvement Project-
Final Project Acceptance and Retainage Release
BACKGROUND
The referenced project has been completed by Roadway Construction, Inc. The final construction
cost was $60,734.55, which is approximately $6,073.45 below the original engineer's estimate
including construction contingency, that approved by Council on August 3, 1999.
In order to release retainage to the contractor, the City Council must accept the work as complete in
accordance with the State Departments of Revenue and Labor & Industries. Staff is therefore,
making the following recommendation:
RECOMMENDATION
Place the following on the February 1,2000 Council Consent Agenda:
1.
Accept the North Fork West Hylebos Fish Passage Improvement project in the
amount of $60,734.55 as complete;
2.
Authorize staff to release the contract retainage to Roadway Construction, Inc.
DW:jg
K:\lutc\2000\north fork west hylebos final acceptance
MEETING DATE: February 15, 2000
ITEM#
I/(k)
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: 2000 Sister Cities Program
CATEGORY:
BUDGET IMPACT:
X. CONSENT
_ORDINANCE
_BUSINESS
_HEARING
FYI
_RESOLUTION
_STAFF REPORT
- PROCLAMATION
_STUDY SESSION
OTHER
Amount Budgeted: $ 8,000
Expenditure Amt: $ 7,000
Contingency Reqd: $ -0-
A TT ACHMENTS: FEDRAC Committee Report
SUMMARY /BACKGROUND: In December 1998, the City Council approved the formation of a sister city relationship with Tongbae,
Korea. A delegation from Tonghae traveled to Federal Way last spring to sign a letter of intent to become sister cities, with the expectation
that Federal Way would send a delegation to Tonghae this spring to sign the fonnal sister city declaration. In addition, it is also customary
for the city to travel to Hachinohe, Japan. in July! August of even-numbered years to participate in that city's annual Sansha Taisai festival.
At its retreat earlier this month. Council expressed interest in combining the two trips into a single trip to reduce costs, and asked that staff
prepare some cost estimates for this committee's consideration. To further reduce costs, statIhas projected a shorter trip than the last visit
to the two cities. Per Council rule 16.24, all travel by Councilmembers must be approved by Council and/or the Mayor.
The city has a budget of $8,000 for sister city activities in 2000, which must support foreign travel and hosting delegations. The $8,000
consists of $6,000 in 2000 funds, plus $2,000 in 1999 funds that were spent on hosting the Tonghae delegation, but will be reimbursed
by King County and will be C8ITÎed forward for use in 2000.
CITY COUNCIL COMMITTEE RECOMMENDATION: Authorize a delegation to Tonghae and Hachinohe in Spring
2000, and authorize the use of up to $7,000 in city funds for that purpose.
OTY MANAGER RECOMMENDATION: Motion to confirm the committee recommendation.
APPROVED FOR INCLUSION IN COUNOL P A~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNOL ACfION:
_APPROVED
DENIED
- T ABLEDIDEFERRED/NO ACfION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
1:1agenda.bi1
CITY OF FEDERAL WAY
CITY COUNCIL
FINANCE/ECONOMIC Df;VELOPMENTIREGIONAL AFFAIRS COMMITTEE
From:
January 25, 2000
Derek Matheson, Assistant to the City Manag~
Date:
Subject:
2000 Sister Cities Program
Baclœround:
In December 1998, the City Council approved the formation of a sister city relationship with
Tonghae, Korea. A delegation from Tonghae traveled to Federal Way last spring to sign a letter of
intent to become sister cities, with the expectation that Federal Way would send a delegation to
T onghae this spring to sign the formal sister city declaration. In addition, it is also customary for the
city to travel to Hachinohe, Japan, in July/August of even-numbered years to participate in that city's
annual Sansha Taisai festival.
At its retreat earlier this month, Council expressed interest in combining the two trips into a single
trip to reduce costs, and asked that staff prepare some cost estimates for this committee's
consideration. To further reduce costs, staff has projected a shorter trip than the last visit to the two
cities. Per Council rule 16.24, all travel by Councilmembers must be approved by Council and/or the
Mayor.
;
The city has a budget of $8,000 for sister city activities in 2000, which must support foreign travel
and hosting delegations. The $8,000 consists of $6,000 in 2000 funds, plus $2,000 in 1999 funds that
were spent on hosting the Tonghae delegation, but will be reimbursed by King County and will be
carried forward for use in 2000.
The attached spreadsheet shows the estimated trip cost per person to be approximately $2,450. In
addition, Debra Coates is currently exploring grant opportunities to allow a larger traveling party
and/or offset the impact on the city's budget.
Committee Ootions/Recommendation:
1. Authorize a trip to Tonghae and Hachinohe in spring 2000, and authorize the use of up to $8,000
in city funds for that purpose.
. Advantages: Would guarantee the city's ability to send three representatives on the trip;
would allow additional representatives if grant funds were obtained.
. Disadvantage: Would deplete all sister city program funding and leave no funding to host
(.1- /
1f~
~
delegations that visit Federal Way.
(() Authorize a delegation to Tonghae and Hachinohe in Spring 2000, and authorize the use of up
l/ to $7,000 in city funds for that purpose.
. Advantages: Would most likely guarantee the city's ability to send three representatives on
the trip; would preserve $1,000 in funding for hosting delegations that visit Federal Way;
would allow additional representatives if grant funds were obtained.
. Disadvantages: Would provide less than anticipated funding to host delegations that visit
Federal Way.
3. Authorize a delegation to Tonghae and Hachinohe in Spring 2000, but do not authorize the use
of city funds for that purpose.
. Advantage: No impact on the city's budget.
. Disadvantages: Would not guarantee the ability to send representatives; could impact city's
commitment to sign the sister city agreement in Tonghae.
4. Do not authorize a delegation to Tonghae and Hachinohe.
. Advantage: No impact on the city's budget.
. Disadvantages: Would impact city's commitment to sign the sister city agreement in
Tonghae.
c-Þ
~
\
~
Asia Trip Expense Estimates - Spring 2000
Assumes 2 Council, 1 Staff
Air Ground Lodaina Meals Mise Grand Total
Mayor $ 980 $ 100 $ 1,050 $ 520 $ 150 $ 2,800
Couneil1 $ 980 $ 100 $ 1,050 $ 520 $ 150 $ 2,800
Staff1 $ 980 $ 100 $ 520 $ 150 $ 1,750
Totals $ 2,940 $ 300 $ 2,100 $ 1,560 $ 450 $ 7,350
AVERAGE PER PERSON: $ 2,450
Air transportation is calculated at $900 for overseas flight, $80 for Korea flight
Ground transportation is calculated at $100Jperson
Lodging is calculated at $15O1roomlnlght for seven nights. Assumes double occupancy.
Meals are calculated at $65Ipersonlday for eight days
Miscellaneous expenses are assumed to be $200/person
..
""""""""""""~'~'~'~'4U";".d'.....,.p"...."U,"",~,^""""y.Jh"-""-""'~',v.'~">""~"""",,_,,,, .'
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MEETING DATE: February 15, 2000 ITEM#
................................................................................................................................................................
..... """" """""" ......................................
CITY OF FEDERAL WAY
City Council
,
AGENDA ITEM
SUBJECT: Truck Route I Load Covering Ordinance
.......................................................................................................................................................................................................
...........................................................
CATEGORY:
BUDGET IMPACT:
CONSENT
..x.. 0 RD IN AN CE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.......................................................................................................................................................................................................
............................................................
ATTACHMENTS:
Draft Ordinance; February 8,2000, and December 2 and 31, 1999 Memoranda from Rick Perez to
Phil Watkins
.......................................................................................................................................................................................................
............................................................
SUMMARY/BACKGROUND: On December 6, 1999, the Public Works Department brought to the Land Use
Transportation Committee a proposed amendment to the City Code concerning designated truck routes. The designation
changes were proposed to address Lloyd Enterprises trucks, which began regularly using City streets as a necessary
consequence of the City's annexation of the Milton Road South right-of-way as part of the Enchanted Parks annexation. The
LUTC deferred consideration of the route designations, directing that a load covering requirement be added to address
concerns about spillage and damage resulting from trucks.
The matter was returned to the committee on January 10, 2000, when the LUTC considered the truck route designation
changes and load covering requirement. The Committee recommended that the matter be forwarded to the full Council for its
consideration, along with additional amendments to require a right-of-way use permit and appropriate mitigation conditions
for concentrated truck trips. This would provide the Public Works Department an opportunity to address haul routes,
pavement degradation and other mitigation that may be required when a truck trips are concentrated over particular City
roads in the process of serving a particular project in or out of the City. The enclosed draft ordinance contains amendments
to address these concerns.
The LUTC also requested that background information be provided to the Council concerning the potential cost to
trucking companies of a load covering requirement, and the cost to Federal Way citizens of windshield and other damage
resulting from spilled gravel or other materials. This information is contained in the attached memorandum from City Traffic
....~~~.ï~~~.:..~~~.~..~~.~~.~:........................................................................................................................................................................
....................,........................
CITY COUNCIL COMMITTEE RECOMMENDATION: Adopt proposed changes to designated truck routes.
adopt changes to truck route code to require permit review of concentrated truck trips; adopt load covering
....~.~<:Ill.i~~.I?~~~:....................................................................................................................................................................,...........
...........,................,........
CITY MANAGER RECOMMENDATION: Move proposed ordi allce to second rea, ing on March 7,2000.
............................................................................................'.............................;........................... 7""""""""""""""""""""- .........................
...............................
APPROVED FOR INCLUSION IN COUNCIL PACKET: /ll
(BELOW TO BE COMPLETED BY CITY CLE K'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLEDIDEFERREDJNO ACTION
COUNCIL BILL 1/
ORDrNANCE 1/
RESOLUTION Ii
----'-
f;\AGNIJII i \1 IIWCf; f;TI
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ORDINANCE NO.
"
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING THE
FEDERAL WAY CITY CODE, DESIGNATING VEIDCLE
ROUTES AND FOR REQUIRING RIGHT-OF-WAY USE
PERMITS DELIVERIES, REQUIRING COVERING OF
VEHICLE LOADS, AND ADOPTING ENVIRONMENTAL
POLICIES AS THE BASIS FOR THE EXERCISE OF
MITIGATION AUTHORITY UNDER THE STATE
ENVIRONMENTAL POLICY ACT (Amending Ordinance Nos.
90-40, 91-103, 91-109, 91-114, 92-130, 92-136, 92-137,92-140,
93-184, 93-202, and 95-246).
'"
,:.
WHEREAS, the Federal Way City Code (ltFWCCIt) contains provisions granting
the Public Works Director the authority to regulate the use of public highways, streets and
thoroughfares by trucks and other vehicles; and
WHEREAS, in order to minimize intrusion of truck traffic through residential areas
in Federal Way, the FWCC designates vehicle routes for local deliveries by vehicles rated in
excess of 30,000 pounds gross weight; and
WHEREAS, the vehicle routes designated in the FWCC do not fully provide for
truck access within areas annexed to the City since 1991; and
WHEREAS, the FWCC does not include provisions regulating covering or other
protections for truck and other vehicles loads carried on streets, roads and highways within the
City; and
WHEREAS, the City Council wishes to amend the FWCC to designate additional
vehicle routes, to provide for permitting and environmental review of the concentrated use of City
ORD if 00-
.' Pag~ I
\_h'\"Üh"""'hA_(.;'f.-.\;;,>'.I~,\.,Ò,<.¡i-ii.'JJ:'i.':;lNj>.("-8.:;-~):t-_!j\:'¿ :~j i !~c:.:_L}:.¡i',,:,\~\'iÙ\-\;...."h;..,..ri ""':<'U""""'-.À.'LW"¡'H~j;"""""'Ü~........~",. ""'eN
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rights-of-way by truck or other heavy vehicles, and to require covering and/or other protection
for truck loads; and
I
I
WHEREAS, the matter was broughtto the Land Use and Transportation Committee
~f the City Council on December 6, 1999 and January 10, 2000, and the Committee evaluated
several different alternatives for new vehicle routes; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendment. Section 15-183 of the Federal Way City Code is hereby
amended as follows:
Sec. 15-183. Designated vehicle routes.
(a)
The public works director shall erect, or cause to be erected and maintained, signs
designating the following public highway, streets and thoroughfares within the city
as vehicle routes for all vehicles rated in excess of 30,000 pounds gross weight
(gw) as defined by RCW 46.16.111, which is adopted by this reference, including
all future amendments or additions thereto:
(1) State Route 5, Interstate Highway 5;
(2) State Route 18, State Route 99 to State Route 5;
(3) State Route 99, Pacific Highway South;
(4) State Route 161, Enchanted Parkway;
(5) State Route 509, Dash Point Road;
(6) South 320th S1., State Route 99 to State Route 5;
(7) 16th Avenue So., State Route 99 to State Route 18~
(8) Milton Road So." State Route 161 to S 369th S1.:
(9) South 356th St.. State Route 99 to State Route 161.
ORD:; 00-- . Page :2
..,.', " """"',',',,,,',:,-:,'06. ,:';;,<,"":":,,,,,'.\,:;,,'.,,':J:',\\':,"¡¡¡',V",.:':"('.'~':.;:,.';,r¡cJJU-~i,.,,),~;,.'r,"u,\.-~,,'<,::,,'...::~;;",L,~~j:_':">J;;}Ü;:.,."",:,",",....'<iW,"""""'~
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(b)
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All other streets within the limits of the city shall be restricted to allow only
vehicles rated under 30,000 pounds gross weight, except as provided for in section
15-184. ~
Section 2. Amendment. Section 15-184 of the Federal Way City Code is hereby
amended as follows:
"
Sec. 15-184. Local deliveries.
(a)
(b)
Vehicles rated in excess of 30,000 pounds gross weight, as defined in RCW
46.16.111, are restricted to the designated ,truck routes noted in section 15-183,
except a person or entity operating or employing (whether directly or by contract)
such vehicles is Me not subject to the restriction when making less than ten i6eftl
deliveries per day to the same destination numbering ten or less per day. b6eM
Ddeliveries are defined, for the purposes of this section, as all local deliveries with
destinations or origins within the city. and all deliveries which pass through the
city between origin and destination. A person or entity operating or employing
such vehicles for ten or more local deliveries per day shall also be subject to those
route restrictions. conditions. or designations promulgated by the public works
director pursuant to this division.
A person or entity operating or employing (either directly or by contract)
y¥ehicles rated in excess of 30,000 pounds gross weight, as defined by RCW
46.16,111, to make when making more than seventy-two (72) ten local deliveries
per day to the same destination, shall obtain a right-of-way use permit (limited or
extended. as applicable) pursuant to FWCC Chapter 13. and be subject to those
route restrictions and des ignations, and other conditions or restrictions promulgated
by the public works director as conditions of that permit or as otherwise provided
in this division,
Section 3. Amendment. Section 18-122 of the Federal Way City Code is hereby
amended as follows:
Sec. 18-122. State Environmental Policy Act policies.
(a)
The policies and goals set forth in this article are supplementary to those in the
existing authorization of the city.
(b)
The city designates and adopts by reference the policies in this section as the basis
for the city's exercise of authority under this article. The city shall use all
ORD # 00-_, Page 3
, .', :;.'Jù~~ÚJiO:j¡¡¡.:-"'jj;¡;jN~-&« 1A2~~'t~~ ø.<-ìl,;Y:;';:\\' (,Ai ~.~.,; ~x:j '1, i:;,1¡ l";,,.j ~ ¡.,~ m;\\....:~'¡j~Mm:h'.¡"!.'¡:>~\!i)(Î,'i:\~i6Þt~Y.Jk~~
(5)
(6)
(7)
(c)
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practicable means, consistent with other essential considerations of state policy, to
improve and coordinate plans, functions, programs, and resources to the end that
the state and its citizens may:
(1)
Fulfill the responsibilities of each generation as trustee of the environment
for succeeding generations;
(2)
Assure for all people of Washington safe, healthful, productive, and
aesthetically and culturally pleasing surroundings;
(3)
Attain the widest range of beneficial uses of the environment without
degradation, risk to health or safety or other undesirable and unintended
consequences;
(4)
Preserve important historic, cultural,. and natural aspects of our national
heritage;
Maintain, wherever possible, an environment which supports diversity and
variety of individual choice;
Achieve a balance between population and resource use which will pennit
high standards of living and a wide sharing of life's amenities; and
Enhance the quality of renewable resources and approach the maximum
attainable recycling of depletable resources.
The city recognizes that each person has a fundamental and inalienable right to a
healthful environment and that each person has a responsibility to contribute to the
preservation and enhancement of the environment.
(d)
The city adopts by reference the following city codes, ordinances, resolutions,
plans and policies as now exist or as may hereinafter be amended or superseded:
(1)
(2)
ORD #- 00-_, Page4
The Federal Way Comprehensive Plan;
The Federal Way City Code and documents adopted by reference therein,
including without limitation the following chapters:
ill
Zoning (Chapter 22) and the Official Zoning Map;
~
Subdivisions(Chapter 20);
~
Surface and Storm Water Management (Chapter 21): and
dl'",à';'~..:iIÚ,'\.:HJ!:ljß~.ü:"~~~l&i\jlj~;}lj)ì}j!;':;Y;~::Ù¡?)'/..i';; : i! i 1:::/,;1 ;,:J:,~'-U.J;Ü.\';6'i'l[¡.I11.Ù'ß~'1~::Œi.!181<;fj'tŒ.';ill ¡';\:.'U:' }.:\'~'l:'::..¡~}:':';;~.:,
{.;j,~3~<' ':':~'.:'~.~;;~";;¡;';J
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
ORD # 00-__. PageS
d.
Shoreline Regulation' and the Shoreline Management Master
Program (Chapter !ID;.
I
e.
Methods to Mitigate Development Impacts (Chapter 19):
'The Subdi-iÍsion Ordinanee; The Shoreline Management Guide Book
(DOE):
The Sooreline Mana~cment Ordinancc; The Washington State Flood
Reduction Plan (1993 DCD):
Ordinances relating to Surface Water Runoff, Ordinance Number 90-31 and
Surface Water Management, Ordinance Number 90-32;
The ordinanec cmitled "Meth6ds to Mitigate Dc-..e1opmem Impacts"; The
1999/2000 Lakehaven Utility District Comprehensive Sewer System Plan
Update:
The federal Way Water and Sewer District '.vater System Plan 1991 The
1999 Lakehaven Utility District Comprehensive Water System Plan
Update;
The Federal Way Comprehensive Parks, Recreation, and Open Space Plan;
The King County Fire Protection District Number 39 Long Range Plan;
The Federal Way School District Number 210 Capital Facilities Plan;
The federal \Vay Interim City Improvement Plan; The Code of the King
County Board of Health;
The Federal Way Solid Waste Management Plan, Ordinance Number 90
B;
The Federal Way Recycle Plan, Rcsolution Number 91 86;
The Federal Way Transportation Improvement Plan, Rcsolution Number
9-l--67- ;
The Federal Way Hazardous Waste Management Plan, Rcsolution Numbcr
99-R- ;
;
," "i'¡ .&'. ¡:~;,:,",~;£,,}<,.,~U:<ki;"";;~'.::i í&J.i';;;;~ ~!;~::i:.,~~ ¿ {. ..~;""'"X; ~:'"i; d..idÙ;~û;:'iV-lidn\.'J:~{:iÇ'l!i¡¡;;k}:I:iìJi~»'~~~J.i'\:t'Ù~4!'~~~
(19)
(20)
ßll
(22)
(23)
(24)
(25)
(26)
(27)
@
(29)
Qill
Qll
ORD ;: 00-____, Page ()
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"
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(16)
'The r'Cdcnll Way Surface ',Vater :Managemt:nt Plan, Ordinance Number 90
:H- The Executive Proposed Basin Plan Hylebos Creek and Lower Puget
Sound. King County Surfaee Water Management. July 1991; I
J
..,
~'. ~
(17)
The Federal Way Private Utility Element;
(18)
The King County Countywide Planning Policies, to the extent currently
adopted by the Federal Way City Council, and as may be adopted
hereafter.
The 1992 King County Comprehensive Solid Waste Management Plan, as
it now exists or may hereafter be amended.
The Federal Way Comprehensive Surface Water Management Plan.
The Guide to Conducting Wetland Inventories (DOE):
Washington State Shoreline Management Act of 1971:
The Standard Specification for Construction of Trails (Forest Service
1984):
The Puget Sound Water Ouality Management Plan:
The King County Division of Parks and Recreation Play Area Design and
Inspection Handbook:
The Sea- Tac International Ai:r:port Impact Mitigation Study. February 1997.
prepared bv Hellmuth. Obata and Kassabaum. Inc.. and Ravtheon
Infrastructure Services. Inc.. under a grant from the state of Washington:
The Washington State Department of Transportation Pavement Guide.
February 1995:
The Highway Capacity Manual. Special Report 209, Transportation
Research Board. 1997:
The Institute of Transportation Engineers. Trip Generation. 5th Edition.
1991 :
The 1998 King County Surface Water Design Manual:
The Storm Water Management Manual for the Puget Sound Basin,
'-C""" ",~,~"'>,' ""_C"""'>,> ,;,YI,tÙ;C"r:"'",
,~.' < '.> ¡,,'c;j,~~Üì;:,~j~i:ÒMjlx\~Jj:,';t';,1J W¡lli.!:.',:j:;"{;Ilf,:E Wï\;~'~~,JJJli".;.:~~Y"Ù::f.!'~/;"{¡;i':.1,'.26SJ:};:'¿\ (.'.',~
;'Y?5rt'
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Washington State Department of Ecology. February 1992:
<:
(32)
The King County Storm Water Pollution Control Manual and Best
Management Practices: aIÍd
~
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~
illl
Planning documents not specifically listed above but referenced in the
environmental analysis of the city's comprehensive plan.
Section 4. Amendment. A new section, Section 15-141, is hereby added to Chapter 15,
Division 1 of the Federal Way City Code, as follows:
Sec. 15-141. Loads required to be covered.
No vehicle shall be driven or moved in any street or allev unless such vehicle is so
constructed or loaded. and the load covered or tied down or confined or otherwise secured. as to
prevent any of the load from dropping. sifting. leaking. spilling. or depositing any matter by
dragging. tracking. or otherwise escaping. except that sand may be dropped for the purpose of
securing traction. or water other substances may be sprinkled on a roadway in the cleaning or
maintaining of such roadway by the public authority having jurisdiction. The provision of
freebòard above the top of a load shall not constitute covering. tying down. confining or otherwise
securing a load for pUl:poses of complying with this section.
Secs. 15-14+2--15-150. Reserved.
Section 5. Severability. The provisions of this ordinance are declared separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to other
persons or circumstances.
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 five
(5) days from and after its passage and publication, as provided by law.
ORD:; 00-_, Page 7
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PASSED by the City Council of the City of Federal Way this
,2000.
CITY OF FEDERAL WAY
MA YOR, MIKE PARK
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:IORDINITRUCKRTE, WPD
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DATE:
February 8, 2000
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TO:
Phil Watkins, Chair
Land Use / Transportation Committee
VIA:
David H. Moseley, City Manager
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FROM:
Rick Perez, Oty Traffic Engineer
SUBJECT:
Proposed Covered Load Ordinance - Additional Information
At the January 10, 2000, meeting of the Committee, The Committee requested additional information on
various costs associated with implementing a covered loads ordinance, as well as information on the societal
costs in windshield repairs resulting from roadway debris being dropped by trucks.
The economic impacts to haulers could be significant. Attachment A is a letter from Lloyd Enterprises, citing
capital expenses of $3000 to $6500 per truck, and labor to cover and uncover loads at $2.72 to $5.04 per
trip, resulting an increased cost to consumers of $2 to $3 per ton. Segale Construction, by phone contact,
cited an additional cost to the consumer of $15 to $17 per load, which staff estimates is equivalent to $0.43
to $0.49 per ton.
On the other hand, Cadman, Inc., has installed automatic tarping systems on each truck, at a cost of
approximately $3300 each, and has seen a drop in windshield damage claims of 10 since September, 1999,
resulting in a savings of $17,000. They anticipate that the capital expenses will be recovered in reduced
claims in 4 years. Attachment B is an article in their newsletter that describes their efforts.
The cost to the public in damaged windshields is more difficult to quantify. Insurance companies consider
claims paid out as proprietary information, so they rely on professional associations to aggregate claims
experience. In doing so, detailed breakouts become unavailable. The Insurance Industry Association was
able to provide an annual cost of $500 million to $600 million nationally for windshield repair, but this is from
all causes, including collisions, vandalism, and road debris. An Internet search of transportation-related
database for research on the subject yielded nothing.
K:\LUTC\2000\covered load additional info.wpd
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Fill Dirt. Gravel
Crushed Rock. Top Soil
Lloyd Enterprises, Inc.
January 28, 2000
2102 South 341st Place
P.O. Box 3889, Federal Way, WA 98063-3889
FAX: (2531838-0103
PHONE: (253) 874-6692/ (253) 927-ü416
LLOYDI . 238 QB
Dump Trucks and Trailers
Loaders and Dozers
RECEIVED
JAN 3 1 2000
Mr. Rick Perez, Traffic Engineer
City of Federal Way ,
33530 First Way South
Federal Way, W A. 98003
FEDERAL WAY PUBLIC WORK&
ADMINISTRATION DIVISrON
Dear Rick:
As your department has advised. there is a proposed ordinance forthcoming regarding tarping of all loads on trucks
canying materials in the City of Federal Way, I have prepared the following for your review.
First of all, thank you for including Lloyd Enterprises in your process to detemúne the feasibility of proceeding in
this direction. We appreciate the fact that the Council really cares what happens to the businesses in the City.
As requested, the following is an attempt to put some realistic facts and figures together to clearly show that the
proposed ordinance would be an unrealistic burden on everyone in the construction and material need arena.
A. CAPITAL EXPENSE:
Tarping systems pricing vary with the manufacture and types of systems and range in pricing from
$3,000 to $6,500 per a truck and trailer unit In the case of Lloyd Enterprises this would equate to
between $60,000 and $130,000. It is clear to see'that when you decide which unit to purchase that a
mistake in,the ~ecision could be very costly-
ThisimpaC!' Ó~, s~1 còmparùes would considerably impact their full financial picture.
. ,
B. TARP SYSTEM INSTALLATION:
Installation of any system on the truck and trailer combination would take anywhere from four to six
hours. In the case of Lloyd Enterprise the total overhead cost would be from $10,000 to $16,000.
With other comparùes in the area I am sure that cost would double because they may have to hire out
the labor.
Again the small company would find tlús expense to be a real burden.
C. COST TO TARP AND UN-TARP EACH LOAD:
Time to tarp and un-tarp each load takes 8 to ì2 minutes per trip depending on the type of system and
the conditions in which the task will take place. TIle cost to perfonn this task will vary pretty
dramatically and would depend on each company involved in the requirement. Prevailing wage, uniõh J'
\'s non union, hourly wage rates all detennine the end cost for tlús requirement. In the case of Lloyd
Enterprises the cost per load would be equal to $2.72 to $5.04 per load trip. The lost production time
equates to one to two lost trips per day. Annualized this loss would cost us $60,000 to $100,000 per
truck and trailer unit or a total loss to us of $1 ,200,000 to $2,000,000,
D. INCREASE IN COST TO THE END USER:
All of the above costs obviously could and would not be born in full by the companyls éUld would be
passed on to the end user/so [n factoring in as many variables as possible it will not be uncommon to
S<.."'C the price of products increase $2,00 to $:100 per ton, For the home owner the cost could c{ uatc
from $7500 to $120,00 additional cost for yard products.
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Page 2
January 28, 2000
Mr. Rick Perez, Traffic Engineer
RE: Tarped Loads
E. SAFETY:
While safety is foremost in our company, it~ such as this are difficult to place a dollar value on. We
will not allow a condition to exist that may cause injury to an employee. But the real world situation is
employees may be required to crawl, walk, get on top of the load in some way. While this is occwring
there is an exposure to slipping, twisting and falling. We would have to find a Wê\Y to reduce the
exposure and possible injury to the employee.
The intent of this ordinance is clear, eliminate product from falling out of the box (no matter what
type) that may cause litter and to reduce road hazards and potential damage to property. I am sure that
some road debris will be reduced by this proposed ordinance, however it will and can not be
eliminated The real problem, in the road hazaId area, is tire desi2DS not material escape from loads.
How many times have you had a windshield or vehicle damaged when a truck was not ever present? I
currently have two stars in my windshield that was caused by SUV vehicles. Again it carne from their
tires.
E. ENFORCEMENT:
A new ordinance of any kind involves elÚorcement The question always comes down to who is
responsible for the elÚorcement With the proposed tarping ordinance it is obvious the burden will rest
on the police department. With the current volume of vehicle traffic in the City of Federal Way and
the tremendous transportation problem we are experiencing it is easy to ask the question - do we have
the manpower to elÚorce such an ordinance.
Let me add there are many laws on the books already that address the situations with the proposed
ordinance. For example, it is ag:ainst the law to litter. This spells it out pretty clear you can not pull
a small trailer with yard clippings, garbage or anything that would be allowed to escape. You can not
have materiaVs of the same nature in the back of a pickup that escapes. In the case of large dmnp
trucks such as ours, the law already states we must have a 6" free board and not be loaded in such a
manner that allows product to escape. We cannot be overloaded. If any of this occurs, all municipal
and state law elÚorcement agencies have the authority to take the necessary action against the unit.
The real question is WHY ADD MORE BURDENS TO THE ALREADY OVER WORKED
ENFORCEMENT AGENCIES.
In conclusion.. I have reviewed the ordinance you provided from the City of Seattle and the City of Renton. The
City of Renton has addressed LITTER and Section VIII: Truck Loads Causing: Litter. clearly states what I have
addressed. Please note tl1at this section does not state tarping is required yet they will not allow debris to litter their
streets. I believe this is a very good and realistic approach to the problem and is the direction in wlùch we feel the
Federal Way council should consider.
Again, thank you for the opportunity to provide input on tlùs sensitive ropic. We do understand the concerns the
City has and Lloyds stands ready to assist in any way we can to improve the transportation issues we are all faced
with.
CC: .\\ichael Park, Mayor
David Mosely. City Manager
Cary Roe. Public Works Director
Council Member:
Jeanne Burbidge
;\laryGates
\1ichaeilieUickson
Linda ¡":oclunar
Dean McColgan
Phil Watkins
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D.UMP TRUCKS <AND TRAILERS,GET COVERS, COMPANY
, . SUfPO,RTS LEGISLATION TO REQUIR'E COVERED LOADS
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, -- TIùs:fan. Cadman outfitted each of
. its 30 gí'avel-delivery dUmp ttucks and
trailers withcov~rs desigtJed1o keep
gravel in the tÌûcks anØ off the roads. .'
The new truck-box covers are a flexible, ,
'taI'P::like fabric ~at extend oveqhe
truck ~d t:raij~r boxes, puI1ep by an
automated frame-and-roller device.
The company ̧ Ì!,I,SO supporting
legislati6n in'Olympia So p1ake cove¡::ed
loads;a state-wide reqUIrement for
grave¡ trucks. Cadman feels these J
moves will help members of th~ dîiving
public understand that-the induStry c~
about their weU~ing. ~, "
Windshield dings, frciiuently blÍUned
on flYIng grnyel from loaded trucks,
have long beeñ a'complaint'of driÝers in
the Puget Sound region. State law ,-' .
cwrently doesn't require covered loads
, as long as there are six inches or more
of freeboard abÖvethe load. State law
also considerS flying gravel to be in the
category of a road hazard, because it can
, be picked up ~d thrown by v~hicle, '
tires, ançl its origin often isn't clear.
In spite of state laws, Cadman has
long had a policy òf paying for wind-
shield replacement when drivers are
able to identify the Cadman truck that
causedit, the time and the location, The
decision to tisè' covers on all Cadman
tfucks is a further step toward being
responsive to community còncems,
and should reduce windshield claims.
Even before the addition of the truck
covers, Cadman has required its drivers
to inspect their trucks before leaving its
sites, including a walk-around with a
broom to remove loose debris, Many
Cadman sites also have high-pressure
truck washes that spray each depaning
truck with 300 gallons of recycled watèr
from 60 high-pressure nozzles at 90
pounds per square inch, to remove
debris from wheels and ú1e undercar-
riage of tnIcks and trailers.
Inspection procedures, truck w:lshes,
and now the truck covers, arc all ways
to make sure that other dri vcrs' wi ill]'
shields arc the last place Cldman wi II
see its gravel.
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'Cadman-just completed outf"ltting itS full -
. flØJ t of 30 gravel dump trucks and trailers
_with covers designed to keep gravel in
the trocks and off the roads. The covers
are automatically extended and retracted
as necessàry by a frame-and-roller device.
The truck in the top photo and the trailer
-to the left have the covèrs c'òmpletely
extended; the truck below shows a cover
in the process of being retracted. The
èompany is supporting legislation in
Olympia to make covered gravel loads a
requirem en r-sta tewide.
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SUBJECT:
he City's Truck Route Ordinance ~
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1.
2.
3.
4.
5.
6.
7.
BACKGROUND
Under current City cadet trucks that do not begin or end a trip within the City limits are restricted to certain
streets (mostly State highways where the City has no authority to restrict truck traffict as well as 16th Avenue
S between Pacific Highway Sand S 348th Streett and S 320th Street between 1-5 and Pacific Highway S). The
Enchanted Parks annexation added a segment of Milton Road S to the City between Enchanted Parkway S
and S 369th Streett which is the sole access for Lloyd Enterprises' gravel pit. Since the pit is outside the City
limitst any truck trips from the pit to another location outside of Federal Way wouldt thereforet violate the
Ordinance by using any street not specifically listed in the Ordinance.
DATE:
December 2t 1999
TO:
.phil Watkins, Chair
Land Use & Transportation Committee
Rick Perez, City Traffic Engineer æ
ANAL YSIS
Access to the Lloyd gravel pit from the State highway system consists of the following alternativest as shown
in Attachment A:
South on Milton Road to Milton City Limitst south on 5th Avenue S, and west on Porter Way to SR
99;
South on Milton Road to Milton City Limitst south on 5th Avenuet and east on Porter Way to SR 161;
North on Milton Roadt west on S 37Sth Street, north on 8th Avenue S, and west on S 373rd Street to
SR 99;
North on Milton Roadt west on S 37Sth Streett northeast on S 373rd PI, east on S 37200 Streett north
on 16th Avenue S, west on S 3S9th Street to SR 99;
North on Milton Road, west on S 37Sth Street, northeast on S 373rd PI, east on S 37200 Street, north
on 16th Avenue Sf east on S 356th Street to SR 161;
North on Milton Road to SR 161;
North on Milton Road, east on S 369th Street, and north on 19th Way S to SR 161.
FROM:
Amendmen
/
(
Alternatives 1 and 2 go through residential development in Milton. Alternatives 3, 4, S,and 6 would violate
the City Ordinance as currently adopted. Alterative 3 also crosses the Hylebos Creek Bridge that is
structurally deficient to handle the loads of gravel trucks. Alternatives 3 and 4 would put truck traffic in front
of the proposed new high school site as well as. residential development. Alternative 3 would impact the high
collision rate intersection of S 359th Street and SR 99, and Alterative 4 would impact the intersection of 16th
Avenue Sand S 356th Street which is frequently blocked by queues from the intersection of S 356th Street
and SR 161. Alternative 7 would traverse a residential development in unincorporated King County.
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The current Code was intended to minimize intrusion of truck traffic through resident;ial areas In Federal
Way, and because Alternative 6 is the only route that would not Impact residential areas, staffrecommends
that the Truck Route Ordinance be amended to include Milton Road S between the' South City limit and
Enchanted Parkway S (SR 161), as shown In Attachment B. . . ,
In addition, staff is recommending that the segment of S 356111 Street between SR 99 and 'SR 161 be
included. This would allow trucks from Uoyd's pit heading south on SR 99 to avoid the intersection of S
348111 Street and Enchanted Parkway. This intersection includes two northbound left-turn lanes. Large trucks
would have to use the outside left-turn lane to negotiate the turn safely, but then would be in the.åi.Jtside
lane of S 348111 Street and have to execute a lane change immediately in order to execute a left turn onto
SR 99 southbound. Given the level of congestion on S 348111 Street, large vehicles making a quick succession
of left turns and lane changes could create safety problems. Using S 356111 Street instead of S 348111 Street
would eliminate this problem, and no residences would be impacted by permitting trucks on this segment.
RECOMMENDATION
Staff requests the Committee approve and fórward the following staff recommendation to the December 21st
City Council consent agenda:
1.
Approve the proposed amendment to the Truck Route, Ordinance as shown in Attachment B to
include: 1) Milton Road S between South 369111 Street and Enchanted Parkway S; and 2) S 356111
Street between Pacific Highway S and Enchanted Pkwy S.
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k:\lutc\1999\truck route ordinance amendment
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DATE:
December 31, 1999
J
J
TO:
Phil Watkins, Chair
Land Use / Transportation Committee
Rick Perez, City Traffic Engineer ~
FROM:
SUBJECT:
Covered Loads Ordinance
BACKGROUND
Chair Watkins requested that staff research various approaches to the issue of covering loads on
vehicles to reduce the potential for damage to other vehicles as a result of debris falling off
vehicles.
ANAL YSIS
RCW 46.61.655 (Attachment 1) is the state law governing the responsibility of persons operating
vehicles to secure and cover loads that could spill and cause injury to others using public
roadways. Staff surveyed 13 other cities to determine if these cities had ordinances that differed
from state law. Out of 10 replies, only two, Seattle (Attachment 2) and Renton (Attachment 3),
had adopted ordinances that varied from state law or the Model Traffic Ordinance.
The key difference between these ordinances and state law is an exception written into the state
law in subsection (3):
"Any vehicle operating on a paved public highway with a load of dirt, sand, or gravel
susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be
covered so as to prevent spillage. Covering of such loads is not required if six inches nf
freeboard is maintained within the bed. " (emphasis added]
RECOMMENDA TION
If the Committee wishes to recommend that an ordinance be adopted to eliminate t ~xc;ption .
granted in RCW 46.61.655(3), staff recommends that the language used in Seattle nicipal Code
11.74.160 be adopted as FWCC Sectionï5-141, as follows:
..------
"No vehicle, shall be driven or mov 'n any street or alley unless such vehicle is Sc
constructed or loaded, and the oad covered or tied down or confined or otherwis
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secured. as to prevent any of the 10adTrom dropping. sltfIng. ea . ~.. mg, or
CkposHing any matter by dragging, tracking, or otherwise escaping. except that sand my
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be dropped for the purpose of securing traction or water other substancesnlay:bespririkIed .
on' a roadway in the cleaning or maintaining of-such roadway by the 'publ~c ~ri~ority
having jurisdiction. " '
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K:ILUTCI2(X)0\Cl\\'èrèd load ordIJ,ancè 'XIx!
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http://www.Icg.wa.gOV/pulrlrçw/RCWYe20%2046...2OCHAPTERlRCW''020''02046''020.''02061 "'020.655 .hbii\~
RCW 46.61.655
Dropping load, other materials -- Covering.
(1) No vehicle shall be driven or moved on any public highway unless
such vehicle is so constructed or loaded as to prevent any of its 'load
from dropping, sifting, leaking, or ptherwise escaping therefrom, except
that sand may be dropped for the pUrpose of securing traction. Any
person Qperating a vehicle from which any glass or objects have fallen
or escaped, which would constitute an obstruction or injure a vehicle or
otherwise endanger travel upon such public highway shall immediately
cause the public highway to be cleaned of all such glass or objects and
shall pay any costs therefor.
(2) No person may operate on any public highway any vehicle with any
load unless the load and such covering as required thereon by subsection
(3) of this section is securely fastened to prevent the covering or load
from becoming loose, detached, or in any manner a hazard to other users
of the highway.
(3) Any vehicle operating on a paved public highway with a load of dirt,
sand, or gravel susceptible to being dropped, spilled, leak~d, or
otherwise escaping therefrom shall be covered so as to prevent spillage.
Covering of such loads is not required if six inches of freeboard is
maintained within the bed.
(4) Any vehicle with deposits of mud, rocks, or other debris on the
vehicle's body, fenders, frame, undercarriage, wheels, or tires shall be
cleaned of such material before the operation of the vehicle on a paved
public highway.
(5) The state patrol may make necessary rules to carry into effect the
provisions of this section, applying such provisions to specific
conditions and loads and prescribing means, ~ethods, and practices to
effectuate such provisions.
(6) Nothing in this section may be construed to prohibit a public
maintenance vehicle from dropping sand on a highway to enhance traction,
or sprinkling water or other substances to clean or maintain a highway.
[1990 c 250 § 56; 1986 c 89 § 1; 1971 ex.s. c 307 § 22; 1965 ex.s. c 52 § 1; 1961 c
12 § 46.56.135. Prior: 1947 c 200 § 3, part; 1937 c 189 § 44, part; Rem. Supp. 1947
§ 6360-44, part. Formerly RCW 46.56.135.]
NOTES:
Rules of court:  Monetary penalty schedule -- IRLJ 6.2.
Severability -- 1990 c 250: See note following RCW 46.16.301.
Severability -- 1971 ex.s. c 307: See RCW 70.93.900.
Littering: Chapter 70.93 RCW.Transporting waste to landfills: RCW
70.93.097.
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Seattle Municipal Code
Information retrieved December 1, 19994:35 PM
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Driving a vehicle capable of dropping obstacles or debris
SMC 11.74.160
prohibited.
No vehicle shall be driven or moved in any street or alley unless such
vehicle is so constructed or loaded, and the 1oad covered or tied down or
confined or otherwise secured, as to prevent any of the 1oad from dropping,
sifting, leaking, spilling, or depositing any matter by dragging, tracking,
or otherwise escaping, except that sand may be dropped for the purpose of
securing traction, or water or other substances may be sprinkled on a
roadway in the cleaning or maintaining of such roadway by the public
authority having jurisdiction. (Derived in part from RCW 46.61.655)
(Ord. 116708 section 2, 1993: Ord. 108200 Section 2(11.74.160), 1979.)
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§ECTION VIII: Truck loadå Caus;iuJ! Litter. Nå perao.n shall drive or
JlX)Ve any truck or other vehiCle within the City of Ranton unless such vehicle
is eo constructed .or loaded au to. prevent any load or contents o~ litter .from
being blown or .deposited upon aJUr" street, alley or other public place. Nor
shall any person drive or Jll)ve at!¥ vehicle or truck within the City the wheels
or t1rss of which early onto or deposit in al\V' street, alley or other public
place~ mud, dirt., sticky substances 01' foreign matter ot ~ kind.
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SECTION IX: Litter in Pub.; No person shall throw or deposit lit-
ter in &l\Y park within ~he C1'ty, of Renton except in :public recopt.acles and
in such a manner that ths litter win be prevented t:'Om ¡'\Sing earned or de-
posited by the elements ~n 8t\Y part of the park or upon 3I\Y street or other
public place. Where publi~ receptacles are %1Ot providedl all such litter
shall be carried away from the park by the person responsible for its presence
and properly disposed ,of ~lsewbere.
SECTION X: Litt::~~.. in Lakes and. Fountains. No person .shall t~w or
. deposit litter in any fOUi1':.a1n; pond~ lake,. ,stream, bay or any' other body of
water in a park or elsewh:'i~e within the City ot Renton.
SECTION XI: T.hro~ or Distr1butin~ Conmercial Handbill~ in Public
Places. No person shall. tihrow or deposit any coDmercia.1 or non-coJDDerçial hand
bill in or upon any sidew.'x, street or other public place within the City of
Renton. Nor shall any p~:'r~on hand. out. or distribute or sell an¡y conmercial
handbill in 81V public pJ.~,l',e. Provided, however, that it shall not be unlaw-
ful all &IV sidewalk, streût, 01" other public place within the City of Renton
for any person to hand ou~ or distribùte, without charge to the receiver there-
0 f, any non-commercial ha.'1dbill to any person wi1.1ing to accept it.
SECTION XlI: Phcw Commërcial and Non-Commercial Hand~
Vehicles. No person sh.aJ.l throw or deposit any cormnarcial or non-commercial
handb1l.l in or upon any vehicle. ProVided, however, that it shall not be un-
lawful in any public place for a person to hand out or distribute 'Without
charge to the receiver therèOf, a non-commercial. handbill to an;y occupant of
a vehicle who is willing toaocept it.
SECTION XIII. ~positin~ Co:nmercisl and ~n-Cornmercial Handbills on
Uninhabited or VaG8.nt PI"P.m:i 3es. No person shall throw or deposit alIIY commer-
cial or non-commercial è.:.nlfuill in or upon any private premises which are
temporarily or continuously uninhabited or vacant.
SECTION XIV% Prohibit~ Distribution of ~dbills Where Pro~erlx
Posted. No person sh&ll throw, deposit or distribute any commercial or non-
comœrcia1. handbill upon any private preJnises, if required by ~ne thereon
not to do 50, or if there is pJAced on said premises in a conspicuous posi-
tion near the entrance thereof, a sign bearing the words: "No Trespassirig",
"No Peddlers or Agents", "No Advertisement n, or any similar notice, indicat-
ing in any manner that the occupants of said premises do not desire to be
11.IO1ested or have their right of privacy disturbed, or tc nave an;y 8uch hand-
bills left UpOn such premises. .
SECTION XV: DÆBtributin~ Cozp¡nerciaJ. and Non-Commercial Handbills at
lI:nhabited Private Premises. No porson shall throw, deposit or distribute any
commercial or non-commercial handbill in or upon private promises which are
inhabited, except by handing or transmitting any such handbill directly to
the owner, occupan~, or other person then present ih or upon guch private
pnJInisos. Provided, ho'rlCJver, that in ca38 of inhn.bited priv-ate pre....nises which
:l re not post.od, as provided in thi3 Ordinance, ouch ~er8on, unless requested
lJV ;o.nVD"'p 1)nr\n Q1\rh nrondo"", ".-.+. ~~,,~ ~~, -l..-ll l..---- 4-l..- -..'-l..---'.1.... "-. -,--.
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A IT ACHMENT 4
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DIVISION 1. GENERALLY
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Sec. 15-141. Loads required to be covered.
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No vehicle shall be dÌ"iven or moved in any street or alley unless such vehicle is so constructed
or loaded. and the load covered or tied down or confined or otherwise secured. as to prevent
any of the load from dropping. sifting. leaking. spillißlz. or depositing any matter by dragging.
tracking. or otherwise escaping. except that sand my be dropped for the purpose of securing
traction or water other substances may be sprinkled on a roadway in the cleaning or
maintaining of such roadway by the public authority having jurisdiction.
Secs. 15-14+2--15-150. Reserved.
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DATE:
December 31, 1999
TO:
Phil Watkins, Chair
Land Use / Transportation Committee
FROM:
Rick Perez, City Traffic Engineer fØ7
SUBJECT:
Amendment to the City's Truck Route Ordinance
BACKGROUND
Under current City code, trucks that do not begin or end a trip within the City limits are restricted
to certain streets, as shown in Attachment 1. These are mostly State highways where the City has
no authority to restrict truck traffic, as well as 161h Avenue S between Pacific Highway Sand S
3481h Street, and S 320th Street between 1-5 and Pacific Highway S. The Enchanted Parks
annexation added a segment of Milton Road S to the City between Enchanted Parkway Sand S
3691h Street, which is the sole access for Lloyd Enterprises' gravel pit. Since the pit is outside the
City limits, any truck trips from the pit to another location outside of Federal Way would,
therefore, violate the Ordinance by using any street not specifically listed in the Ordinance.
ANAL YSIS
Access to the Lloyd gravel pit from the State highway system consists of the following
alternatives, as shown in Attachment 2:
1.
South on Milton Road to Milton City Limits, south on 51h A venue S, and west on Porter
Way to SR 99;
South on Milton Road to Milton City Limits, south on yh Avenue, and east on Porter Way
to SR 161;
North on Milton Road, west on S 3751h Street, north on gth Avenue S, and west on S 373rd
Street to SR 99;
North on Milton Road, west on ~ 375th Street, northeast on S 373rd PI, east on S 372nd
Street. north on 161h Avenue S, west on S 3591h Street to SR 99;
North on Milton Road, west on S 37yh Street, northeast on S 373rd PI, east on S 372nd
Street. north.on 161h Avenue S, east on S 3561h Street to SR 161;
2.
3.
4.
5.
6.
7.
North on Milton Road to SR 161;
North on Milton Road, east on S 369lh Street, and north on 19th Way Sto SR 161.
Alternatives 1 and 2 go through residential de~lopment in Milton. Alternatives 3, 4, 5,and 6
would violate the City Ordinance as currently adopted. Alterative 3 also crosses the Hylebos
Creek Bridge that is structurally deficient to handle the loads of gravel trucks. Alternatives 3 and
4 would put truck traffic in front of the proposed new high school site as well as residential,
development. Alternative 3 would impact the high collision rate intersection of S 359th Street and
SR 99, and Alterative 4 would impact the intersection of 16th Avenue Sand S 356th Street which
is frequently blocked by queues from the intersection of S 356th Street and SR 161. Alternative
7 would traverse a residential development in unincorporated King County.
The current Code was intended to minimize intrusion of truck traffic through residential areas in
Federal Way, and because Alternative 6 is the oruy route that would not impact residential areas,
staff recommends that the Truck Route Ordinance be amended to include Milton Road S between
the south City limit and Enchanted Parkway S (SR 161), as shown in Attachment ~:.
In addition, staff is recommending that the segment of S 356th Street between SR 99 and SR 161
be included. This would allow trucks from Lloyd's pit heading south on SR 99 to avoid the
intersection of S 348lh Street and Enchanted Parkway. This intersection includes two northbound
left-turn lanes. Large trucks would have to use the outside left-turn lane to negotiate the turn
safely, but then would be in the outside lane of S 348th Street and have to execute a lane change
immediately in order to execute a left turn onto SR 99 southbound. Given the level of congestion
on S 348th Street, large vehicles making a quick succession of left turns and lane changes could
create safety problems. Using S 356lh Street instead of S 348th Street would eliminate this problem,
and no residences would be impacted by pennitting trucks on this segment.
RECOMMENDATION
Staff requests the Committee approve and forward the following staff recommendation to the
February 1st City Council for first reading:
1.
Approve the proposed amendment to the Truck Route Ordinance as shown in Attachment
3 to include: 1) Milton Road S between South 369lh Street and Enchanted Parkway S; and
2) S 356lh Street between Pacific Highway S and Enchanted Pkwy S.
RAP:
attachments
k:\lutc\ 1999\trllck route ordinance amendment
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CITY OF FEDERAL WAY
COMPREHENSIVE PlAN.
THROUGH TRUCK
ROUTE PLAN
TRANSPORTATION ELEMENT
Legend
Federal Way City limits
Potential Annexation Area
Existing Truok Routes.
Proposed Ad~itional
Truck Route
-SCALE-
1 Inch equals 6,800 Feet
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EDERFn..
~ Ql8 CIIYIIION
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MAP "'-25 ri.
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Map primed May 19G7
$N'cpmapeAlIICk.arn1
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1000 0 100Œ00Œ()()()W()() Feet
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Map Prlntad-Nov JO 1m
Truck Ac'cess to Lloyd's Pit
Federal Way
CityMap
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City of Federal Way [~=J Cities - Neighboring
1- ^!- Tru:_Aœ~"
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Note: This map c, intondod for use as e graphic," ropreserr5li-on ory;
The City of Fod>_ol Way makos no warranty 9S to ;;5 9CCurë<:;y
Map made by -K Messinger
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ATIACHMENT 3
Sec. 15-183. Designated vehicle routes.
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(a) The public works director shall erect, or cause to be erected and maintained, signs
designating the following public highway, streets and thoroughfares within the city as vehicle
routes for all vehicles rated in excess of 30,000 pounds gross weight (gw) as defined by RCW
46.16.111, which is adopted by this reference, including all future amendments or additions
thereto:
(1) State Route 5, Interstate Highway 5;
(2) State Route 18, State Route 99 to State Route 5;
(3) State Route 99, Pacific Highway South;
(4) State Route 161, Enchanted Parkway;
(5) State Route 509, Dash Point Road;
(6) South 320th St., State Route 99 to State Route 5;
(7) 16th Avenue So., State Route 99 to State Route 18~
(8) Milton Road So.. State Route 161 to S 369th St.:
(9) South 356th St.. State Route 99 to State Route 161.
(b) All other streets within the limits of the city shall be restricted to allow only vehicles rated
under 30,000 pounds gross weight, except as provided for in section 15-184.