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Council PKT 05-18-1999 Special/RegularII. III. II. III. IV. ao AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall May 18, 1999 (www. ci.federal-way, wa. us) SPECIAL SESSION - 5:30 PM CALL MEETING TO ORDER CAPITAL FACILITIES PLAN ADJOURNMENT REGULAR MEETING- 7:00 PM CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS SPIRIT Award/Month of May Parks/Recreation Commission Introductions/Certificates Economic Development Update Emerging Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE DEPUTY CLERK PRIOR TO SPEAKING. Citizens may address City 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 address for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3~ MINUTES. The Mayor may interrupt 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 Councilmemberfor separate discussion and subsequent motion.) ao Minutes/May 5, 1999 Regular Meeting Miscellaneous Traffic Channelizafion Modification/Final Project Acceptance over please . . . VI. VII. VIII. IX. XI. XII. g. h. i. J US West Wireless Right-of-Way Use Agreement Resolution/Set Public Hearing Date for Proposed 2000-2005 Transportation Improvement Program (TIP) & Arterial Street Improvement Plan (ASIP) 1999 CDBG Project Revision Renewal of CDBG Funding Strategies 2000 CDBG Pass-Through Ac~pt~ce So 336'~ St at SR 99/Street Widening Project/Authorization to Award Bid Crown Point Storm & Sanitary Sewer Repair/Final Project Acceptance Amendments to the Countywide Planning Policies PUBLIC HEARING Tkachuk Abatement/Report of Expense - Staff Report - Citizen Comment - Council Deliberation/Decision COUNCIL BUSINESS 1999 Asphalt Overlay Bid Award Resolution/Proposed Method for Early Redemption of Bond from Utility Tax INTRODUCTION ORDINANCE Council Bill #223/Consent to Sale/Federal Way Disposal to Washington Waste Hauling & Recycling AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CONSENTING TO THE SALE OF FEDERAL WAY DISPOSAL CO., INC. AND AMENDING THE CITY OF FEDERAL WAY FRANCHISE FOR SOLID WASTE AND RECYCLING COLLECTION, AND SETTING RATES FOR SOLID WASTE AND RECYCLING COLLECTION AND DISPOSAL SERVICE (AMENDS ORDINANCE NOS. 94-221, 95-236, AND 98-321. CITY MANAGER REPORT CITY COUNCIL REPORTS EXECUTIVE SESSION Collective Bargaining/Pursuant to RCW 42.30.140(4)(a) ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: ~ CONSENT ORDINANCE BUSINESS HEARlNG FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ N/A ExpenditureAmt: SN/A Contingency Reqd: SN/A ATTACHMENTS: Minutes of May 4, 1999 Regular City Council Meeting. SUMMARY/BACKGROUND: Official City Council Meeting Minutes for Permanent Record Pursuant to RCW Requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: CITY MANAGER RECOMMENDATION: Approve Official Minutes ......................................................................................................................................................................... APPROVED FOR INCLUSION 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:\COVERCC-5/14/96 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall May 4, 1999 Minutes REGULAR MEETING - 7:00 PM DRAFT I. CALL MEETING TO ORDER Mayor Gintz called the regular meeting of the Federal Way City Council to order at 7:05 PM. II. PLEDGE OF ALLEGIANCE Deputy Mayor Park led the Pledge of Allegiance. III. PRESENTATIONS a. Certificate of Recognition/Washington State Petite Teen International Mayor Gintz presented Brittani Stanton with a Certificate of Recognition for her selection as the Washington State Petite Teen International Representative in Houston, Texas, July 13-18, 1999. b. Proclamation/Police Memorial Week Councilmember Dovey presented Robert Schubert of the Public Safety Department with a proclamation commemorating the week of May 9-15, 1999 as "Peace Officers Memorial Week". c. Proclama~n/National Elder Law Month Councilmember Dovey presented Preston Johnson with a proclamation commemorating the month of May as "National Elder Law Month". d. Parks & Recreation Commission Introductions/Certificates Councilmember Dovey introduced Dini Duclos and Marion Bartholomew to Council and presented them with certificates extending their terms on the Parks and Recreation Commission. City Council Regular Meeting May 4, 1999, Page 2 e. Planning Commission Introduction/Certificates Councilmember Watkins announced Ed Soule appointment on the Planning Commission. Councilmember Watkins stated Mr. Soule was unable to attend the Council meeting and asked the City Clerk to forward his certificate. IV. CITIZEN COMMENT Alison Corrigan, Greater Federal Way Chamber of Commerce, thanked Council for their participation in the Advancing Leadership Program. Ernie Landino, thanked Ken Nyberg for his excellent work as City Manager, and suggested Council defer the appointment of a replacement for Mr. Nyberg until next year after the newly elected City Council is in place. Vo CONSENT AGENDA ao eo fo Minutes/April 20, 1999 Regular Meeting - Approved Voucher/May 5, 1999 - Approved Monthly Financial Report/March 1999 - Approved Council Bill # 220/Fire Code Amendment/Enactment Ordinance -Approved Ordinance # 99-340 Council Bill #221/Nuisance/Noise Code Amendment & Vehicle Storage Comte Amendment/Enactment Ordinance - Am}roved Ordinance # 99-341 Council Bill #222/New Civil Violations Chapter/Enactment Ordinance - Approved Ordinance # 99-342 MOTION BY COUNCILMEMBER DOVEY TO APPROVE THE CONSENT AGENDA AS PRESENTED. DEPUTY MAYOR PARK SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes VI. COUNCIL BUSINESS a. Parks & Recreation Commission Appointments MOTION BY COUNCILMEMBER DOVEY TO APPOINT BARBARA REID, KARL GROSCH, AND JERRY BOLLEN TO THREE YEAR TERMS ON THE PARKS AND RECREATION COMMISSION, APPOINT MIKE LANE AS FIRST ALTERNATE, DAVE ARMSTRONG AS SECOND ALTERNATE AND C.T. PURDOM AS THIRD ALTERNATE. COUNCIL,MEMBER KOCHMAR SECOND. The motion carried as follows: City Council Regular Meeting May 4, 1999, Page 3 Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes bo Indoor Billboard Ap_r~d/C0uncil Findings/Resolution - Aporoved Resolution # 99- 295 MOTION BY COUNCILMEMBER WATKINS TO APPROVE THE RESOLUTION AFFIRMING THE HEARING EXAMINER'S DECISION DENYING INDOOR BILLBOARD'S REQUEST FOR VARIANCE. COUNCILMEMBER KOCHMAR SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes Co Lakehaven Utility District Comprehensive Water System Plan/Resolution - Approved Resolution 99-296 MOTION BY COUNCILMEMBER BURBIDGE TO APPROVE THE RESOLUTION EXTENDING THE TIME IN WHICH THE CITY MAY APPROVE OR REJECT THE LAKEHAVEN UTILITY DISTRICT COMPREHENSIVE WATER SYSTEM PLAN. COUNCILMEMBER DOVEY SECOND. Public Works Director Cary Roe stated the reason needed for the 35-day extension is to allow staff to review the capital facilities charge element of the plan. Councilmember Kochmar announced she would recuse herself from the vote as she works for Lakehaven Utility District. The motion passed 6-1 as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar recused Park yes Watkins yes City Council Regular Meeting May 4, 1999, Page 4 d. Puget Sound Air Pollution Control ProPosed Assessment COUNCILMEMBER GATES MOVED APPROVAL TO DRAFr A LETTER TO PUGET SOUND AIR POLLUTION CONTROL AGENCY QUESTIONING THE PROPOSED 38.7% ASSESSMENT INCREASE. COUNCILMEMBER KOCHMAR SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes VII. CITY MANAGER REPORT City Manager Kenneth Nyberg thanked Alison Corrigan for her remarks regarding Council participation in the Advancing Leadership Program and added his praise for Deputy City Manager Philip Keightley and Assistant to the City Manager Derek Matheson for their work with Advancing Leadership. Mr. Nyberg reported on upcoming Suburban Cities Association and Association of Washington Cities meetings/conferences; increase in gambling tax revenue; updated Council on dispatch services stating the financial analysis should be done by the end of June; and stated the Council would conduct an Executive Session pursuant to RCW 42.30.110(1)(i) - Potential Litigation, expected to last approximately ten minutes with no action anticipated. VIII. CITY COUNCIL REPORTS Councilmember Dovey stated the next meeting of the Parks/Recreation/Public Safety/Human Services Committee is scheduled for May 10, 1999 at 5:30 PM. Councilmember Dovey also reported on the successful little league event at Celebration Park. Councilmember Watkins reported the next meeting of the Land Use Transportation Committee is scheduled for May 17, 1999 at 5:30 PM. Councilmember Burbidge thanked Alison Corrigan for her remarks regarding the Advancing Leadership Program and added her thanks to citizens H. David Kaplan, Ted Enticknap, and Barbara Reid. Councilmember Burbidge also stated she would be attending an upcoming Executive Advisory Committee of Sound Transit. Councilmember Gates stated the next meeting of the Finance/Economic Development/Regional Affairs Committee is scheduled for May 25, 1999 at noon and updated Council on various regional issues. Councilmember Kochmar stated she would be attending the Safe School Forum scheduled for the next two Thursdays. City Council Regular Meeting May 4, 1999, Page 5 Deputy Mayor Park stated the Executive Search Committee met on April 26, 1999 and reviewed nine firms responding to the RFQ for the City Manager Search, and stated the Committee narrowed the field to three firms who will be interviewed on May 6, 1999. Deputy Mayor Park also stated a delegation from the City of Tonghae will visit City Hall on May 10, 1999 and there will be a dinner banquet at Dumas Bay at 7 PM that evening to welcome them. Mayor Gintz stated the Association of Washington Cities will host a "Large City Meeting" in June and asked that an elected official from Federal Way be present. Councilmember Gates stated she would also like to see an elected representative from the City attend but did not know at this time if she would be able to. Mayor Gintz also stated he would be attending a Safe Schools Forum next Thursday, May 13, 1999. IX. EXECUTIVE SESSION Council adjourned to Executive Session at 7:57 PM Potential Litigation/Pursuant to RCW 42.30.110(1)(i) - NO Action At 8:15 PM Deputy City Manager Philip Keightley announce another 5 minutes necessary. At 8:21 PM Deputy City Manager Philip Keightley announce another 5 minutes necessary. Council reconvened the Regular Session at 8:25 PM to allow City Manager Ken Nyberg to address EMS service levy options. Mr. Nyberg stated Council would receive information regarding the three service options for continuing Emergency Management Services. X. ADJOURNMENT Meeting adjourned at 8:40 PM. Laura Ulanowski, Deputy City Clerk CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Miscellaneous Traffic Channelization Modification - Final Project Acceptance CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum dated 4/29/99 submitted to the May 3, 1999 meeting of the Land Use & ........................................................ ............................................................................................................................................ SUMMARY/BACKGROUND: Prior to release of retainage on Public Works construction projects, the City Council must accept the work as complete to meet the requirements of the State Departments of Revenue and Labor & Industries. The final construction contract amount was $32,222.50 which is $598.50 below the budget approved by ..................................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: At its meeting on May 3, 1999, the Land Use and Transportation Committee forwarded the following staff recommendation to the City Council: Acceptance of the Apply-A-Line Miscellaneous Traffic Channelization Modification project in the amount of $32,222.50 as complete. CITY MANAGER RECOMMENDATION: ....................................................................................................................................... ............................................................... ................ APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) CITY OF~ DA TE : TO: FROM: SUBJECT: April 29, 1999 Phil Watkins, Chair Land Use & Transportation Committee Perez, Traffic Engineer Richard Miscellaneous Traffic Channelization Modification Project Acceptance and Re~ina~ Release BACKGROUND Prior to release of re~in~ on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor & Industries' requirements. The above referenced contract with Apply-A-Line, Inc. is complete. The project's scope of work included: Re-channelization of 23ra Avenue S between S 312th Street and S 320~h Street and installation of a crosswalk and raised island at S 314~ Street. Modification of the C-curb on eastbound S 320th Street at 20th Avenue S to add 100' storage. Installation of C-curbs on eastbound and westbound S 288~ Street at Military Road S to prohibit left-turn access to driveways within 200' from the intersection. The original cost estimate was under $20,000, therefore this contract was not reviewed by the City Council. However, at the October 6, 1998 meeting of the City Council, staff was directed to construct access management improvements on S 31Th Street between 14~h Avenue S and Pacific Highway S to resolve the high number of collisions in the vicinity of the Pavilions Centre access.. In an effort to complete the proposed access improvements in a timely manner, this work was added to the existing contract with Apply-A-Line. The final construction contract amount is $32,222.50. This amount is $598.50 below the $32,821.00 budget that was allocated to the various projects described above. RECOMMENDATION Place the following item on the May 18, 1999 City Council Consent Agenda for approval: Acceptance of the Apply-A-Line, Inc., Miscellaneous Traffic Channelization Modification Project, in the amount of $32,222.50, as complete. CC: Cathy Rafanelli, Management Services Project file Day file K:\LUTC\ 1999\ACCMGMT.WPD COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills\ 1999\accmgmt.wpd COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum DATE: TO: FROM: SUBJECT: April 22, 1999 Finance, Economic Development and Regional Affairs Committee Bob C. Sterbank, Deputy City Attorney Right-of-Way Use Agreement with US West Wireless Back_m'ound: US West Wireless has requested a lease with the City of Federal Way to allow installation of telecommunications equipment within the City's right-of-way, on a Puget Sound Energy Pole. The attached Site Lease Agreement provides in pertinent part: Lease Term: Rent: Permits: Indemnification: Insurance: 5 years with three 5 year renewal options None; -- facilities located within right-of-way Tenant will obtain all necessary permits; pay all permit fees in connection with installing equipment US West Wireless has indemnified the City and waived challenges to legality of lease $2,000,000 general liability per occurrence Committee Recommendation: Direct City Attorney to prepare any proposed amendments to the Lease and forward the Lease to the full City Council for its consideration at the regular City Council meeting of May 4, 1999. APPROVAL BY COMMITTEE: Com~nitte~Chair K:\document\uswest.cvr v ?Eommittee IVflember Committee Member CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: US WEST WIRELESS RIGHT-OF-WAY USE AGREEMENT CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ SUMMARY/BACKGROUND: US West Wireless has requested right-of-way use agreement with the City of Federal Way to allow the installation of certain equipment on a Puget Sound Energy ("PSE") power pole located at the northeast comer of 21 st Avenue SW and SW 325* Street, for use in connection with its operation of a wireless telecommunication service. The attached Right-of- Way Use Agreement provides in pertinent part as follows: Lease Term: 5 years with three 5-year renewal options Rent: None; facilities located within right-of-way Permits: Tenant will obtain all necessary permits; pay all permit fees in connection with installing equipment (US West's telecommunications permit is ready to issue) Indemnification: US West Wireless has indemnified the City and waived challenges to agreement ............................... ....................................................................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: At its April 27, 1999 meeting, the Finance/Economic Development/Regional Affairs Committee voted 3-0 to forward the Right-of-Way Use Agreement to the full City Council for its consideration at the May 18, 1999 regular meeting. CITY MANAGER RECOMMENDATION: Approve US West Wireless Rifler-of-Way Use.Agreement, and authorize City Manager to execute the same. ....................................................................................................................................... t~';< ............ .t~:~..~.w~.-....~..~.~ .................... .............................................. APPROVED FOR INCLUSION 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 # K:X, AGNDITE1VEUS WEST.WIR RIGHT-OF-WAY USE AGREEMENT DRAFT THIS AGREEMENT is entered into this ~ day of ,1999, by and between the City of Federal Way, Washington, a Municipal Corporation (hereinafter "City") and US WEST Wireless, a Delaware limited liability company, with its principal office located at 1999 Broadway, Tenth Floor, Denver, Colorado 80202 (hereinafter "Company"). City holds rights-of-way within City in trust for the benefit of the public. Such rights-of-way include a parcel of land located in the City legally described on the attached Exhibit A (the "Premises"). Company desires to use space on and air-space above the Premises as described below for the installation and operation of certain equipment which include requisite antennas, connecting cables, and one (1) equipment cabinet to be used by Company and appurtenances (collectively, "Equipment") for use in connection with its wireless telephone communications service ("Service"). In consideration of their mutual covenants, the parties agree as follows: 1. Premises. City grants use to Company, on a non-exclusive basis and subject to the conditions and limitations herein, a portion of the Premises as legally described in attached Exhibit A, together with necessary space and rights for access and utilities, described and depicted in attached Exhibit B. Company may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit C. Company may not add Equipment in addition to that shown on Exhibit C other than as may be approved in writing by the City, which approval may be withheld in the City's sole and absolute discretion. 2. Term. This Lease shall be five (5) years and shall commence on the date of execution by the City (the "Commencement Date") and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Lease may be renewed for three (3) additional five (5) year terms upon giving written notice to the City no more than six (6) months before and no later than three (3) months before the end of the current five (5) year term. The City may refuse to renew (i) in the event of breach of the Lease during the preceding term, or (ii) any other reason determined by the Ci~ in its reasonable discretion. Any such refusal shall be in writing and shall be sent to Company at least sixty (60) days prior to expiration of the then current five (5) year term. 3. Ci _ty's Costs. Concurrent with the signing of this Lease, Company shall reimburse City of all of City's costs and expenses in connection therewith including attorneys and consultant fees and the time expended by the City staff and City Attorney's Office. 4. Permitted Use of Premises. a. Company may use the Premises solely for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used Page 1 for cable, data, Internet or other telecommunications services. b. Company shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, operation, maintenance, construction and/or installation of Equipment and/or the Premises. Company shall obtain all required governmental approvals, authorizations, licenses and permits at Company's expense. City agrees to reasonably cooperate with Company in obtaining, at Company's expense including reimbursement of City's reasonable attorney, administrative and other related fees, any licenses and permits required by Company's use of the Premises. c. Company shall remove the Equipment from the Premises upon termination of the Agreement. Upon removal of the Equipment, Company shall restore the affected area of the Premises to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Company shall be borne by Company. If however, Company requests permission not to remove all or a portion of the improvements, and City consents to such nonremoval, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Company shall be relieved of its duty to otherwise remove same. d. The City reserves the right to regulate, use, occupy and enjoy its right-of-way property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the right-of-way, or developing, improving, repairing or altering the right-of-way. Upon the City's demand and at the Company's sole cost and expense, remove, repair, relocate, change, or reconstruct the Equipment pursuant to the City's instructions and within the reasonable time period prescribed by the City. 5. Restoration. In the event that Company causes damage of any kind during the course of installing, operating or maintaining the Equipment, including damage to the right-of-way caused by cutting, boring, jack hammering, excavation or other work, and including latent damage not immediately apparent at the time of the work, Company shall repair the damage and/or restore the right-of-way at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the right-of-way shall be to a condition which is equivalent to or better than the condition of the right-of-way prior to commencing the installation, operation or maintenance of the Equipment and to a condition satisfactory to the City. Restoration of the right-of-way surface shall either include six inches (6") of crushed surfacing top course and three inches (3") of asphalt, class "B", or be replaced to the original condition, at the City's sole discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. Page 2 6. Improvements. Company may update or replace the Equipment from time to time provided that the replacement facilities are not greater in number or size or different in type, color or shape or height than the existing facilities and that any change in their location on the Premises is approved in writing by City. Subject to the foregoing, Company may change the Equipment configuration specified in attached Exhibit C with the prior written approval of City. Company shall submit to City a written request for any such change or addition and any supplemental materials as may be requested, for City's evaluation and approval. City shall have thirty (30) days after receipt of all requested materials in which to respond to such request. No lights or signs may be installed on the premises or as part of the Equipment. 6. Premises Access. Company shall have reasonable access to the Premises 24-hours- a-day, 7-days-a-week. City retains and reserves the right to access the Premises at all times. 7 Utilities. Company shall have the right to install needed utilities and shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 8 Maintenance. Company shall, at its own expense, maintain the Premises and Equipment on or attached to the Premises in a safe condition, and in good repair. Additionally, Company shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Company shall have sole responsibility for the maintenance, repair, and security of its Equipment and improvements, and shall keep the same in good repair and condition during the Agreement term. Upon termination of this Agreement, Company shall return the Premises to the same condition as prior to this Agreement, normal wear and tear excepted. 9. Compliance with Laws. a. Compliance Company's use of the Premises is subject to its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Company shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances, rules and regulations now or hereinafter in effect as may be issued by the Federal Communications Commission, the City, or any other federal, state or other governing bodies. Company specifically waives any right to claim that any aspect of this Agreement is contrary to any local, state or federal law (including the Telecommunications Act of 1996). In addition, Company specifically acknowledges that the Premises are located in right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to franchise or to regulate usage of rights-of-way pursuant to its lawful authority. 10. Agreement Subject to Future Ordinances. Company acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way and City property which shall govern Company's Equipment and activities hereunder as if they were Page 3 in effect at the time this Agreement was executed by the City and Company covenants and agrees to be bound by same. 11. Interference. Company shall not use the Premises in any way which interferes with the use of the Premises by City, lessees, licensees or other entities authorized by the City with rights to the Premises prior in time to Company's. City shall have the right to grant rights for co-location of other telecommunications facilities on the Premises. 12. Termination. a. Except as otherwise provided herein, this Lease may be terminated, without penalty to City or further liability of City, as follows: 1. Upon thirty (30) days written notice by either party for failure to cure a default or breach, including non-payment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; 2. Upon ninety (90) days written notice by Company that the Premises are or become unusable under Company's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs, or for any other reason as determined by Company in its reasonable discretion; 3. Upon thirty (30) days written notice by City if Company abandons, vacates or ceases using the Premises or Equipment; or if Company is adjudicated as bankrupt or makes any assignment for the benefit of its creditors; or if Company becomes insolvent; 4. Upon thirty (30) days notice written notice by City, for any reason as determined by the City in its reasonable discretion, including reasons involving public health, safety or welfare; 5. Immediately, upon written notice by City, in the event of an emergency, as determined by the City in its reasonable discretion. b. In the event of any termination under this Section, Company shall pay City all monies due, including attorney and collection fees and any other damages incurred by City as a result of such termination. In addition Company shall, at its sole expense, return the Premises to the same condition as prior to this Lease ( normal wear and tear excepted), and shall remove all Equipment. c. No re-entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Company by City. Notwithstanding any reletting without termination, City may at any time thereafter elect Page 4 to terminate this Lease for such previous breach. 13. Indemnity and Insurance. a. Disclaimer of Liability: Except for the sole negligence of the City, its employees or agents, the City shall not, at any time, be liable for injury or damage occurring to any person or property fi.om any cause whatsoever arising out of Company's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Company's Equipment and Company expressly assumes all such risk. b. Indemnification and Hold Harmless: Company shall, at its sole cost and expense, indemnify and hold harmless City and its officers, boards, commissions, employees, agents, attorneys, and contractors fi.om and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of Company, its employees, agents, or contractors or which may be in any way connected with the construction, installation, operation, maintenance, repair, use, condition or dismantling of the Premises or Company's Equipment except for the sole negligence of the City and its officers, boards, commissions, employees, agents, attorneys and contractors. c. Insurance: During the term of this Agreement, Company shall maintain in full force and effect and at its sole cost and expense, and listing the City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of insurance: i. Comprehensive commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. ii. Comprehensive automobile liability insurance with combined single minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. iii. Worker's compensation insurance and such other insurance as may be required by law. d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Agreement shall be filed and maintained with City prior to commencement of the term of this Agreement and thereafter. e. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Agreement shall contain the following or substantially similar endorsement: "At least sixty (60) days prior written notice shall be given to City by the insurer of any Page 5 intention not to renew such policy or to cancel, replace or reduce coverage regarding the Premises, such notice to be given by registered mail." f. Deductibles: All insurance policies may be written with commercially reasonable deductibles. g. License: All insurance policies shall be with insurers licensed to do business in the State of Washington and with a rating of A (IV) or better, unless waived by the City. h. Defense of Ci _ty: When under the terms of this Agreement Company is required to defend the City against any action or proceeding brought agaimqt the City, Company shall, at Company's sole cost and expense, resist and defend the same provided, however, that Company shall not admit liability in any such matter on behalf of the City without the written consent of City. Nothing herein shall be deemed to prevent City from cooperating with Company and participating in the defense of any litigation with City's own counsel. Company shall pay all expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value of any services rendered by the City's attorney, and the actual expenses of City's agents, employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. 14. Acceptance of Premises. Company accepts the Premises in the condition existing as of the date of this Agreement. City makes no representation with respect to the condition of the Premises and City shall not be liable for any defect in the Premises. 15. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested; to the following addresses: If to City, to: With a copy to: If to Company, to: Page 6 16. Assignment. Company may not assign this Agreement nor transfer occupancy of the Premises or operation and ownership of the Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld. City may inquire into the qualifications and financial stability of a potential assignee or transferee and reasonably request any information related to such inquiry and may also condition such approval upon the financial, legal and technical expertise of a proposed assignee or transferee and upon the resolution of any compliance obligation under the Agreement. If the City has not responded to a request to assign or transfer with a decision within forty five (45) days, City approval shall be deemed given. Company may, however, upon notice to City and without City approval, mortgage or grant a security interest in the Equipment. 17. Successors and Assigns. Subject to Section 16, this Agreement shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 18. Non-Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms or provisions of this Agreement or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity. The receipt of any sum paid by Company to City after a breach of this Agreement shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 19. Taxes. Company shall pay all personal property taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the term of this Agreement attributable to the Equipment or Company's use of the Premises. 20. Authori_t3'. City represents to Company that: a. City has authority to execute this Agreement; b. There is legal ingress and egress to the Premises from a right-of-way; and Co Execution and performance of this Agreement will not violate any laws or agreements binding on City. 21. Condemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Agreement shall terminate as of the date title to the Premises vests in the condemning authority. Company shall not be entitled to any portion of the award paid and the City shall receive the full amount of such award. Company hereby expressly waives any right or claim to any portion thereof. However, Company shall have the right to claim and recover from the condemning authority, other than the City, such other compensation as may be separately awarded or recoverable by Company. 22. Alteration, Damage or Destruction. If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through Page 7 no fault or negligence of Company, Company may elect to terminate this Agreement upon thirty (30) days written notice to City. In such event, Company shall promptly remove the Equipment from the Premises and shall restore the Premises to the same condition as existed prior to this Agreement. This Agreement (and Company's payment obligations) shall terminate upon Company's fulfillment of the obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Company shall be entitled to the reimbursement of any prepayments made by Company. City shall have no obligation to repair any damage to any portion of the Premises. 23. Miscellaneous. a. City and Company respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Agreement. b. With the exception of applicable laws, ordinances, rules, and regulations this Agreement constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. Except as previously set forth, there are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Agreement must be in writing and executed by both parties. of Washington. This Agreement shall be construed in accordance with the laws of the State thereof. herein. d. Section captions and headings are intended solely to facilitate the reading Such captions and headings shall not affect the meaning or interpretation of the text e. If the methods of taxation in effect at the date of this Agreement are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Company to City, Company shall also pay those amounts. f. Company shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Company from any person or entity. g. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. h. This Agreement may be enforced at both law and equity. Damages are not an adequate remedy for breach. Page 8 This Agreemem was executed as of the date first set forth above. CITY OF FEDERAL WAY US WEST WIRELESS By: By: Its: Its: ATTEST: This ~ day of ATTEST: This , 1999 day of , 1999 N. Christine Green, CMC City Clerk, City of Federal Way APPROVED AS TO FORM FOR CITY OF FEDERAL WAY: APPROVED AS TO FORM FOR US WEST WIRELESS: Londi K. Lindell City Attorney Its: Page 9 STATE OF WASHINGTON) ) SS. COUNTY OF KING ) On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, Kenneth E. Nyberg/Philip D. Keightley, (cross out one) to me known to be the City Manager/Deputy City Manager (cross out one) of the City of Federal Way, a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this day of ,19 . (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: Page 10 STATE OF WASHINGTON) ) SS. COUNTY OF KING ) On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of ,duly commissioned and sworn, , to me known to be the of US West Wireless, a Delaware limited liability company, which executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this day of ,19 (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: Page I1 EXHIBIT A LEGAL DESCRIFFION Page 12 EXHIBIT B SITE LOCATION WITHIN THE PREMISES Page 13 SITE PLAN [Including Location of Equipment Box/Shed] k:\telecom\uswest.agr Page 14 CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Establishing a Public Hearing Date for the Proposed 2000-2005 Transport/ation, / Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) ,,~. ~--:~e, c, .~.'~( .r",-~._ CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI .z~_RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: April 19, 1999 Memorandum submitted to the May 18, 1999 meeting of the Land Use & Transportation Committee meeting SUMMARY/BACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis that reflects the City's current and future street and arterial needs. The City is also required to hold a minimum of one public hearing on the revised plans which is proposed for the June 1, 1999 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The attached resolution sets the public hearing date for the June 1, 1999 City Council meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: At its May 3, 1999 meeting, the Land Use and Transportation Committee forwarded to the May 18'h Council meeting, staff's recommendation to authorize scheduling a public hearing for the June 1, 1999 City Council meeting for accepting public testimony on the review and adoption of the 2000-2005 TIP and ASIP. .............................................................................................................................................. CITY ~M~ANAGERRECOMMENDATION: ~.. ~4~-~' ' ~ ...... ............................................... ...... ................................................................................. APPROVED FOR INCLUSION IN COUNCIL PACKET' (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills\ 1999\99_05tip.wpd COUNCIL BILL it 1st Reading Enactment Reading ORDINANCE it RESOLUTION it CITY OF ~ DA TE : TO: FROM: SUBJECT: April 19, 1999 Phil Watkins, Chair Land Use/Transportation Committee Rick Perez, Traffic Engineer Setting the Public Hearing Date for the Proposed 2000-2005 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) BACKGROUND In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original TIP and ASIP on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis that reflects the City's current and future street and arterial needs. The City is required to hold a minimum of one public hearing on the revised plans which is proposed for the June 1, 1999 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The attached resolution sets the public hearing date for the June 1, 1999 City Council meeting. RECOMMENDATION Staff recommends that the Committee recommend to the City Council to authorize staff to schedule a public hearing for the June 1, 1999 City Council meeting for the review and adoption of the 2000-2005 TIP and ASIP. RAP:Ah Attachments K:\ L UTC\ 1999\00-05 TI P. W pd RESOLUTION NO. DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, SETTING A PUBLIC HEARING DATE OF TUESDAY,JUNE 1,1999 FOR ADOPTION OF A REVISED SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM AND ARTERIAL STREET IMPROVEMENT PLAN. WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City Council of the City of Federal Way must adopt a revised and extended Six-year Transportation Improvement Program and Arterial Street Improvement Plan annually; and WHEREAS, a public hearing must be held for adoption of the revised and extended Six-year Transportation Improvement Program and the Arterial Street Improvement Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Public Hearinq. A public hearing shall be held on the 1999-2004 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan at 7:00 p.m. on Tuesday, June 1, 1999, at the Federal Way City Hall Council Chambers. Section 2. Severability. If any section, sentence, clause or of this resolution should be held to be invalid or phrase unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 1999. CITY OF FEDERAL WAY DRAFT ATTEST: MAYOR, RON GINTZ 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: RESOLUTION NO. K:kLUTCk1999k00-05TIP.Wpd MEETING DATE: May 1B, 1999 1/EM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 1999 CDBG Project Revision CATEGORY: BUDGET IMPACT: N/A X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated April 26, 1999. This includes a project site location map and a letter from Habitat for Humanity of South King County. SUMMARY/BACKGROUND: Habitat for Humanity of South King County has been awarded $40,000 in CDBG funds for the 1999 program year. The funds are to construct residential infrastructure on undeveloped land south of South 320th Street and west of Military Road (outside city limits, just east of the Weyerhaeuser campus). Due to unexpected development delays caused by sewer main line construction near the site, the agency has requested a revision to the project that will change the project's location. The new location is within city limits on South 320th Street, east of Pacific Highway south (across the street from Steel Lake Presbyterian Church). Habitat is in the process of acquiring the site. The agency plans to demolish the existing structure and construct a three-unit townhouse. CITY COUNCIL COMMITTEE RECOMMENDATION: At the regular meeting of the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee on April 26, 1999, the committee unanimously voted to forward the following recommendation to the City Council -- PRHSPS Committee recommends revising Habitat for Humanity of South King County's 1999 CDBG award to the Steel Lake site. The revised award will be used for land acquisition. CITY MANAGER RECOMMENDATION: /~-(~dc-~,~'~ ye~ ~,~,.~.-~ o~.~..c-,A-~ ....................................................................................................................................................................................... ................................ APPROVED FOR INCLUSION 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 # Item 5A CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: April 26, 1999 From: Camron Parker, CDBG Coordinator Subject: 1999 CDBG Project Revision BACKGROUND ';' Habitat for Humanity of South King County has been awarded $40,000 in CDBG funds for the. 1999 program year. The funds are to construct residential infrastructure (water and sewer lines; etc.) on undeveloped land south of South 320th Street and west of Military Road (outside city limits, just east of the Weyerhaeuser campus). This site is approximately six acres in size and will support 10 to 17 homes at full build-out. Due to unexpected development delays caused by sewer line construction near the site, they request a revision to the project that will change the project's location. The Committee is asked to review the agency's request for a change of location and make a recommendation to the City Council regarding the proposed revision. Attached with this memo is (1) a vicinity map showing both locations, (2) a letter from Habitat explaining the request~ (3) a development budget and timeline for the new site,: and (4) a revised development budget and timeline for the Weyerhaeuser site. This project received a matching grant through the King County Challenge Grant program~ A similar project revision has been requested and will be processed at the County level. Should the City approve the revision, it is anticipated that the Challenge Grant will also be revised for use at the new location. The new location is within city limits on South 308th Street east of Pacific Highway South (across the street from Steel l_ake Presbyterian Church). Habitat is planning to demolish the existing structure and constxuct a three-unit townhouse. Ownership of the new site will be ' secured by the end of April 1999 and Habitat is proposing to use the 1999 CDBG funds for acquisition costs. Habitat believes that development at the Steel Lake site can occur on a faster timeline than the Weyerhaeuser site in light of the recent delays. The Steel Lake site also benefits from existing street and utility infrastructure and zoning that will allow a higher density of development. OPTIONS ' The Committee has two options available to recommend to the full City Council. PRPSHS - CDBG Project Revision Page 2 of 2 1. Maintain the CDBG allocation at original Weyerhaeuser site This will preserve the City's interest in the development of the six-acre site. However, additional construction delays may conflict with the CDBG requirement that funds be expended within two years of the initial allocation. 2. Approve the requested project revision This will allow Habitat for Humanity to proceed on a project with goals and objectives similar to the original while achieving a higher density development within a shorter time period. However, the promised development at the Weyerhaeuser site may require a CDBG allocation in future program years. RECOMMENDATIONS Staff Staff recommends a revision to the 1999 CDBG allocation to Habitat for Humanity of South King County. The revision will allow for development of housing affordable to low-income residents of Federal Way; the revision benefits the overall project by bringing development to a site within the city limits and allowing higher density development. Human Services Commission The Human' Services Commission discussed the proposed revision at their April 19, 1999 meeting. The Commission voted unanimously to recommend to the City Council the proposed revision to the 1999 CDBG award to Habitat for Humanity. of South King County. COMMIITEE RECOMMENDATION 1. The Committee recommends maintaining Habitat of Humanity of South King County's 1999 CDBG award at the Weyerhaeuser site. The award will be used for site preparation, including infrastructure installation: The Committee forwards this recommendation to. the full City Council for consideration at the May 18, 1999 meeting. The Committee recommends revising Habitat of-Humanity of South King County's 1999 CDBG award to the Steel Lake site. The revised award will be used for land acquisition. The Committee forwards this recommendation to the full City Council for consideration at the Mayl 8, 1999 meeting. hair REPORT: committee Membe~ ~ ,j 4/20/99 I:XAGNDAITM599PRHSPS\PRHS4- I.DOC S. 308th ST. Steel Lake S. 3~.~h S. 324th Habitat for Humanity of South King County Weyerhaeuser Site Steel Lake Site City Limits Prepared by Human Services Division N HAB ITA T FOR HUMANITY OF SOUTH KING COUNTY (FEI)Iii(AL \V.,\Y, 51!/\ T,,\(' Rt,iNT(;N. KI!NT, At~I~t~RN. DEN M()INES) (21~61 6fil-5126 Habitat for Humanity 1997-1998 Board of Directors ,President Vice Presiclent/l I Mike Mckasy Ca~lynCowan Buildin~ Chairperson Harold Perfex ~aurch Relations Chaimexson Elinor Shank ~ 'qlv Nurture Chaimerson y Lind~rman Family Selection Chairperr~n Sharon Cc~nex 'c wa Fund Raisin~ Chaime~sOn Trise Moore Site Selection Chairperson Arnold Isaa~on Volunteer Chai~pexson Mary Mudler Dale Ashtnidge (Past President) Ted Day fun Hamilton Cliff Bond RandaU Haydon Gary Bexnfeld John Dahll April 5, 1999 To Whom It May Concern, Habitat for Humanity of So. King Co. is requesting a change in our site location from the North Lake project on 39t~ So. to a new location at 1829 So. 308t~ Street. The development schedule for the North Lake Project has been delayed because of slower than expected progress on the main sewer line on the west side of North Lake. This main line was scheduled for completion during the summer/fall months of 1998, but has not been started at this time. Reasons for the schedule changes are: · Delay in getting permits for the City of Federal Way (wetlands issues) · Delay in gaining access permits from DNR through boat ramp area on the lake · Lake Haven's concerns for increases in cost of the project over original estimate. The sewer project is likely to move ahead now, but with a one-year delay for our original plans. We are look in at other options including a phased development of the Habitat for Humanity site which may allow us to start on one or two of the building lots by the end of 1999 of early in year 2000. On behalf of HFH, we appreciate your consideration for the change in use of the grant funding, this will go a long way in helping HFH success in this project and serve three needy families rather than one If them am any further questions, please do not hesitate to contact me. ..Sincerely, ~'-' ' -~ /'-./~- ~ H~bit~t for Hum~n{ty of South K{no Gount¥ Donald Dokken President 1710 So. 233rd Seattle WA.98198 Phone 206 824-0654 BELIEVE WHAT YOU DO... DO XVHAT YOU BELIEVE 00000~ 0~000~ 0000000 0~0000 0~00~ O0 000000000~ O~ ~0000~000~ Z Iii I-- I-- ~?:~i o o ,,., W ~- 0 Z w w O~:s o;~ o ~ ~o~ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Renewal of CDBG Funding Strategies CATEGORY: BUDGET IMPACT: N/A X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: A memo to Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated April 26, 1999. This includes the City's Community Development Block Grant (CDBG) Funding Strategies and separate King County CDBG Consortium Housing and Community Development Objectives. SUMMARY/BACKGROUND: The City mpintains a set of local CDBG funding strategies used to guide the annual allocation of CDBG funds. The local strategies reflect the City's Human Services Plan and other adopted plans and policies. These strategies are being considered for renewal as they will expire at the end of 1999. The strategies were given a four year term (1996-1999) to complement the 1996-1999 King County CDBG Consortium Housing and Community Development Plan (H&CD Plan). Under the new H&CD Plan being developed for 2000-2003, cities may still use, but are no longer required to maintain separate local funding strategies. The plan will instead use one set of consortium-wide objectives. These objectives are not prioritized and are broad in scope. They cover all types of eligible CDBG projects and address county-wide needs and issues. CITY COUNCIL COMMITTEE RECOMMENDATION: At the regular meeting of the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee on April 26, 1999, the committee unanimously voted to forward the following recommendation to the City Council -- PRHSPS Committee recommends renewing the existing CDBG Funding Strategies for an additional four years (2000 to 2003) recognizing that the City may review and revise the strategies during the 2000 to 2003 term. ........................................................................................................................................... ............................... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL it 1st Reading Enactment Reading ORDINANCE it RESOLUTION it Item 5B CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION~ HUMAN SERVICES~ AND PUBLIC SAFETY COMMITTEE Date: April 26, 1999 From: Camron Parker, CDBG Coordinator Subject: Renewal of CDBG Funding Strategies BACKGROUND The City of Federal Way maintains a set of local CommUnity Development Block Grant'(CDBO) funding strategies (Attachment One). The strategies are used to guide the annual allocation' of CDBG funds. They were established in 1994 and have been regularly revised. For example, in May 1998 the activities listed under each strategy were revised to be consistent with the City's Human Services Plan and other related documents, and in January 1999 an economic development set-aside was added to the second strategy. The strategies will expire at the end of 1999. The Committee is asked to review the current strategies and recommend to the full City Council a course of action in regard to the expiring strategies. The funding strategies were developed as a requirement of the King County CDBG Consortium's Consolidated Housing and Community Development Plan. This plan outlines the projected use of CDBG funds within the Consortium over a four year term (1996 to 1999). Over the past six months, Consortium members have been working on a new Consolidated Plan for the years 2000 to 2003. Under the new plan, cities may still use, but are no longer required to maintain separate, local funding strategies. The plan will instead use one set of consortium-wide strategies (Attachment Two). The consortium-wide strategies are not prioritized and are broad in scope. They cover all types of eligible CDBG projects and address county-wide needs and issues. RECOMMENDATIONS Staff Staff recommends maintaining local strategies specific to Federal Way in order to reflect the community's unique needs and the City Council's direction for use of CDBG. Staff does not see an immediate need for revisions and recommends renewing the existing strategies as written for an additional four years (2000 to 2003). The City may review and revise the strategies during the 2000 to 2003 term. Human Services Commission The Human Services Commission discussed the expiring strategies at their April 19, 1999 meeting. The Commission voted unanimously to recommend to the City Council the renewal of the existing CDBG strategies for an additional four year term (2000 to 2003). PRPSHS -- CDBG Strategy Renewal Page 2 of 2 COMMITTEE RECOMMENDATION The Committee recommends renewing the existing CDBG Funding Strategies for an additional four years (2000 to 2003) recognizing that the City may review and revise the strategies during the 2000 to 2003 term. The Committee forwards this recommendation to the full City Council for consideration at the May 18, 1999 meeting. 2. The Committee forwards to the full City Council a recommendation of its choice for consideration at the May 18, 1999 meeting. , 4/20/99 I:XAGNDAITM~99PRHSPS~PRHS4-2.DOC ATTACHMENT ONE HOUSING AND COMMUNITY DEVELOPMENT FOUR-YEAR STRATEGIES, 2000-2003 (PROPOSED) The Housing and Community Development Four-Year Strategies evolved from the 1993 Community Development Block Grant (CDBG) Local Program Policies. The strategies were developed in 1994 and updated in 1995. At that time they were given a four-year term, from 1996 to 1999. They were revisited in 1998 and again in 1999. In May 1999, the strategies were renewed for another four year term, 2000 to 2003. These strategies provide guidelines for the allocation of CDBG funds and are consistent with the City's Comprehensive Plan developed under the Growth Management Act and the Human Services Comprehensive Plan. GOAL STATEMENT Service needs for City residents far outweigh the availability of resources. As a relatively newly incorporated jurisdiction with a large and diverse population, the City is faced with the challenge of providing services that address needs in the areas of affordable and special needs housing, human services and community development. The City will use CDBG funds to develop a viable community in which quality of life is enhanced by providing decent housing and a suitable living environment and by expanding economic opportunities for low- and moderate-income persons. OBJECTIVES To fund projects which address local needs and strategies To ensure that the basic human service needs of low- and moderate-income persons are addressed To adequately address the City's housing needs to accommodate projected growth in low- and moderate-income households, as well as senior and special needs populations To preserve the existing housing stock To stimulate economic development and strengthen the City's infrastructure Four-Year Strategies Page 2 of 5 NEEDS The City of Federal Way has identified housing and non-housing community development needs through public involvement activities, studies, needs assessments, and planning processes. Public and Community Facilities Improvements - Senior and Community Centers, Child Care Centers, Parks and Recreation Facilities, and Health and Social Services Facilities which predominantly serve low- and moderate-income persons and address severe health and safety problems. Housing - Affordable housing for low- and moderate-income people, seniors, special needs populations, transitional housing and emergency shelters, and preservation of existing housing stock. 3. Accessibility - Modifications to community facilities and existing structures to remove barriers and improve safety conditions especially for elderly and disabled persons. Infrastructure Improvement - Neighborhood revitalization projects such as Surface Water Improvements, Street, Sidewalk and Pedestrian Crossing Improvements, Transportation Improvements, and Street Lighting. o Public Services - Projects which meet the following City Council human services goals: support basic human needs through funding of emergency services; support a strong service delivery system that increases public safety; provides support that supplements federal, state, and county programs designed to increase self-sufficiency and independence; and ~ support service models that improve community-based collaboration and build strong neighborhoods. 6. Planning and Administration - CDBG Program staffing and administration, planning for affordable housing resource development and potential annexation areas. i:\bggenral\bgstrats.doc Four-Year Strategies Page 3 of 5 STRATEGIES The City of Federal Way adopts the following three strategies to guide funding decisions for the annual Community Development Block Grant allocation. Strategy #1 Develop a range of housing opportunities aimed at increasing the supply of affordable housing to accommodate the projected growth in low- and moderate-income households. Create housing opportunities for seniors, youth, special needs groups and impact the availability of transitional housing and emergency shelters. Activity 1 Preservation of housing stock in existing neighborhoods has been cited as an important community value in Federal Way, one which played a large role in the community's decision to incorporate. The City will maintain a Housing Rehabilitation Loan and Grant Program to maintain health and safety standards in the homes of low- and moderate- income households and persons with disabilities. Activity 2 According to established service providers, suburban homelessness is increasing. There is a limited supply of transitional and emergency shelter facilities in South King County to meet this overwhelming need. The City will continue to support local and regional shelter and transitional housing service providers. The City will encourage and support more homelessness prevention services, including youth shelter services. Activity 3 The City will explore a variety of methods to increase the supply of affordable housing for low- and moderate-income families. The City will: · Consider participating in a South King County regional entity to address housing needs. · Assess the value of pooling technical resources between jurisdictions to assist in the development and implementation of housing policies and programs. · Look at the benefits of collaborative efforts to coordinate local government money and resources in a way that will attract greater private and not-for-profit investment into affordable housing. · Consider funding homeownership programs such as downpayment assistance, sweat equity, homebuyer education, community land trust or those that reduce development costs or reduce mortgages. i:\bggenral\bgstrats.doc Four-Year Strategies Page 4 of 5 Strategy #2 Prioritize and fund projects that strengthen the City's infrastructure and stimulate economic development. Fifteen percent (15%) of the annual CDBG allocation will be targeted toward projects categorized under this strategy. Activity 1 The City will seek opportunities for public funding of capital facilities, services and infrastructure by working with the Human Services Commission, and soliciting input from the Management Team. Activity 2 The City will consider funding public and community facilities improvement projects which address safety and accessibility issues particularly for the well-being of youth, elderly, and disabled persons. Activity 3 The City will consider funding projects which encourage community development activities such as job creation, downtown and neighborhood revitalization, and those activities consistent with the City's Comprehensive Plan and Human Services Comprehensive Plan. Activity 4 The City will consider funding capital transportation improvement projects which connect low- and moderate-income housing areas with vital services in the City. Strategy #3 Address human services needs which focus upon self-support systems that empower families and communities to make contributions to their own well-being and enhance the quality of their lives. Provide technical assistance, planning and administrative services to increase performance levels of CDBG program participants. Activity 1 The City recognizes that problems faced by children and their families are complex in nature and can result in dysfunction and tragedy if not addressed holistically. Solutions to complex problems often require a variety of interactive approaches designed to create environments which provide people with the tools to help themselves. The City will fund projects and agencies with a holistic approach to service delivery and demonstrate the ability to leverage funds and network with other service providers. i:\bggenral\bgstrats.doc Four-Year Strategies Page 5 of 5 Activity 2 The social environment for youth is often volatile and filled with life-threatening circumstances. Collective efforts between local community organizations, the School District, and the City, may provide effective solutions that positively impact the young people in Federal Way. The City will consider funding projects which provide "at-risk" youth with more recreational and educational alternatives. The City will fund projects and public service agencies which assist families with children in the areas of employment and youth services. Activity 3 The City will participate in regional and local planning activities with King County, the South King County Community Network Board, and other funders and jurisdictions to coordinate funding approaches, policies and service delivery which facilitate a continuum of care for people. Activity 4 Planning and administration funds will be used to administer the City's CDBG program and when additional planning funds are available, special planning projects will be considered. i:\bggenral\bgstrats.doc ATTACHMENT TWO KING COUNTY CDBG CONSORTIUM HOUSING AND COMMUNITY DEVELOPMENT OBJECTIVES, 2000-2003 Decent AH1. AH2. AH3. AH4. Affordable Housing Preserve and expand the supply of affordable housing for low- and moderate-income households Provide a variety of appropriate housing programs for renters and owners with special needs Provide services and facilities to prevent homelessness and to address the needs of families and individuals when homelessness occurs Support a broad mix of housing initiatives and programs designed to increase the supply of affordable housing and access to it. Suitable Living Environment LE1. Acquire and/or improve public and non-profit facilities which benefit low- and moderate- income residents or remedy slum/blight conditions LE2. Improve access for persons with disabilities by removal of architectural barriers LE3. Improve water, sidewalks, and other public infrastructure in low- and moderate-income neighborhoods LE4. Increase citizen awareness of public safety through education and training LE5. Enhance quality of life for families and individuals by supporting health and human services which predominantly serve low- and moderate-income residents LE6. Promote health and independent living for senior citizens by supporting programs and capital projects LE7. Promote healthy development of low- and moderate-income children and youth through support of programs and capital projects LE8. Assess community development needs and ensure compliance with applicable federal regulations Economic Opportunities EO1. Increase employment opportunities for low- and moderate-income residents i :\bggenral\kcstrats.doc CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: N/A X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ATTACHMENTS: A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated April 26, 1999. This includes a Pass-through Acceptance form with proposed entries. SUMMARY/BACKGROUND: As part of the City's joint agreement with the King County Community Development Block Grant (CDBG) Consortium, the City must annually elect to receive a pass-through of'CDBG funds. The pass-through amount is based upon an estimate of total CDBG funds available to Consortium for the next program year. The total estimate is based upon the current proposed federal government budget for the year 2000. The Pass-through Acceptance Form indicates the estimated amount of the pass-through. That amount is broken down into the three basic categories of CDBG expenditures including Planning and Administration, Public (Human) Services, and Capital Projects (eligible economic development projects are funded from the Capital Projects amount). Additionally, the form allows the City to indicate the amount of capital pass-through funds allocated to the Housing Repair Program. CITY COUNCIL COMMITTEE RECOMMENDATION: At the regular meeting of the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee on April 26, 1999, the committee unanimously voted to forward the following recommendation to the City Council -- PRHSPS Committee recommends acceptance o£the 2000 CDBG pass-through as proposed on the attached Pass-through Acceptance form. .......................................................................................................................................................................... ............................ ................. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL it 1st Reading Enactment Reading ORDINANCE it RESOLUTION it I~em 5~ CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: Subject: April 26, 1999 Camron Parker, CDBG Coordinator 2000 Program Year Pass-Through Acceptance BACKGROUND ' As part of the City's joint agreement with the King County Community Development Block Grant (CDBG) Consortium, the City must annually elect to receive a pass-through of CDBG funds. The form attached to this memo allows the City to accept or decline a CDBG pass- through, and if accepted, identify basic allocation categories with funding mounts. The form must be reviewed by the City Council, signed by the Mayor, and submitted to the County prior to · June 1, 1999. The Committee is asked to recommend to the'full City Council a course of action regarding the acceptance of the CDBG pass-through. :' The pass-through amount is based upon an estimate of CDBG funds available to Consortium members for the next program year. This estimate is based upon the President's proposed 2000 budget. As budget deliberations continue at the federal level, the estimate may be adjusted.' The final 2000 CDBG allocation for the Consortium will be set by the U.S Department of Housing and Urban Development in mid-December 1999. The City of Federal Way's share of the Consortium's estimated 2000 grant is $496,840. The estimate is broken down as follows: Planning and Administration Public (Human) Services Capital Projects Housing Repair Program Economic Development Set-aside Discretionary Capital Projects $140,000 $74,526* $128, 468 $71,918 $81,928 $342,994 Total: $496,840 * Represents 15% of $496,840 Additional funds available to the City may be added in July 1999. These are recaptured or unspent funds from prior year CDBG projects and funds from CDBG projects that generate program income (income sources that can be recaptured). PRPSHS -- CDBG Pass-through Page 2 of 2 OPTIONS AVAILABLE ON THE FORM .The attached form has been filled out by staff based upon City Council approved forms from prior years. The first section of the form asks the City to either accept or deny the estimated CDBG pass-through. It has been customary for the City to accept the CDBG pass-through. The second section of the form allows the City to identify basic allocation categories for the CDBG pass-through. The proposed responses on the form indicate that the City will use a portion of the CDBG pass-through for eligible public (human) services, eligible planning and administration activities, and that the City wishes to continue its contribution to the King County Housing Repair Program. Again, these responses are similar to prior years. The third section of the form repeats the basic allocation categories and allow the City to indicate specific amounts for each. The Public Service and Planning and Administration categories are proposed at the maximum amounts available for each category ($81,928 and $71,918 respectively). The Housing Repair amount ($140,000) is discretionary and is proposed at a level equal to 1999. The remainder is available for the City's capital and economic development projects ($202,994). STAFF RECOMMENDATION Staff recommends acceptance of the 2000 CDBG pass-through as proposed on the attached Pass- through Acceptance form. The options indicated on this form are based upon approved forms from previous years and therefore reflect no significant change in the City's overall CDBG program. COMMITTEE RECOMMENDATION The Committee recommends acceptance of the 2000 CDBG pass-through from the King County CDBG Consortium, as proposed. The Committee forwards this recommendation to the full City Council for consideration at the May 18, 1999 meeting. The Committee recommends acceptance of the 2000 CDBG pass-through from the King County CDBG Consortium with modifications as specified by the Committee. The Committee forwards this recommendation to the full City Council for consideration at the May 18, 1999 meeting. COMMITTEE REPORT: -~ "'i .~ ~ ~U: 'i; Co~ittee:M6mber '-'" ' ' ~c6mmittee Member I 4/20/99 I:L~GNDAITM\99PRHSPSh°RHS4-3.DOC THE CITY OF FEDERAL WAY QUALIFIES FOR AN ESTIMATED $496,840 IN 2000 KING COUNTY CONSORTIUM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, WHICH WILL BE AVAILABLE JANUARY 1, 2000. Please check one: Our City does not elect to receive and administer the above estimated pass-through. We choose instead to apply for CDBG funding on a project by project basis through the County and Small Cities process. Our City elects to receive and administer the above estimated pass-through with the conditions outlined in the 1998 King County Community Development Block Grant Consortium Guide. Among other responsibilities, we recognize that in accepting a pass-through we are accepting the responsibility of identifying priority needs and allocating the pass-through funds in accordance with the Consortium's schedule for submission to the U.S. Department of Housing and Urban Development. Cities which accept the pass-through should check the following if applicable: Our City would like to allocate a portion of our funds for public (human) service activities. Our City would like to allocate a portion of our funds for planning and administration activities. Our City is eligible to request the use of additional planning and administration ceiling. We would like to request additional funds for the following: Our City would like to contribute a portion of our capital funds to the King County Housing Repair Program so that our residents may participate. We understand that 15% of the total amount allocated will be used for program delivery costs. The following lists our distribution of CDBG funds for 2000: (List amounts below). Public Planning and Additional Housing Capital Total Funds Services Administration P&A Requested Repair Proiects Available $81,928 $71,918 $ $140,000 $202,994 $496,840 Signature of Mayor or Authorized Person Date Please attach a copy of the City Council's authorization of the above and return to HCD by June 1, 1999. MEETING DATE: May IS, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: South 336th Street at SR 99 (13th Avenue South to 18th Avenue South) Street Widening Project - AuthoriZation to Award Bid CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum dated 4/29/99 submitted to the May 3, 1999 meeting of the Land Use and ....................................................... ............................................................................................................................................ SUMMARY/BACKGROUND: This project was rebid on April 27, 1999, and the following bids were received: R.W. Scott Tydico, Inc. Olson Bros. Excavating, Inc. Enberg, Construction Inc. Tucci & Sons, Inc. Gary Merlino Construction, Inc. Westwater Construction, Inc. $490,184.70 $494,000.0O $497,482.00 $502,942.55 $523,589.20 $583,290.00 $584,883.00 Engineer's Estimate $549,026.00 AVAILABLE BUDGET Funding Available Mitigation Funding Received $693,500.00 $ 57,244.64 TOTAL $750,522.00 ESTIMATED PROJECT COSTS Right of Way Design Costs Construction based on low bid 10% Construction Contingency Printing/Advertising Construction Administration Estimated Utility Adjustment costs $160,000.00 $ 94,000.00 $490,184.70 $ 49,018.47 $ 8,000.00 $ 20,000.00 $ 10,000.00 TOTAL $831,203.17 The project is estimated to be approximately $80,681.17 over budget based on the bids received. Staff attribute this increase in cost to delay in biding from last year to this year, increased utility adjustment costs, a robust economy resulting in high availability of work for contractors, and increased property acquisition costs. The project shortfall could be funded with $80,681.17 from the $339,800.00 in unallocated street bond funds. This increase is $49,601.83 less than the $130,283.00 increase requested in 1998, in part due to additional mitigation funds that have been collected. CITY COUNCIL COMMITTEE RECOMMENDATION: At its May 3ra meeting, the Land Use and Transformation Committee placed the following staff recommendations on the Council Consent agenda for this evening's meeting: Approval to award the South 336'n Street at SR99 (13th Ave So to ]8th Pl So) Improvement project to RW Scott Construction Co, Inc. in the amount of $490,184.70, and approval of a 10% construction contingency in the amount of $49,184.70; 2. Authorization for staffto use $80,681.17 of the unallocated bond funds; 3. Authorization for the City Manager to execute the contract. CITY MANAGER RECOMMENDATION: ~~ ~'~~ .............................................................................................................................................................. ......... L, ........................... .......... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k :\council\agdbills\ 1999\33699awd. wpd COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # DATE: TO: FROM: SUBJECT: April 29, 1999 Phil Watkins, Chair Land Use and Transportation Committee Ken Miller, Deputy Public Works Director ~(~.~ x South 336th Street at SR 99(13th Avenue South to 18th Avenue South) Street Widening Project; Authorization to Award Bid BACKGROUND The South 336th at SR-99 Right Hand Turn Lane Project was funded as a part of the 1995 voter- approved bond issue. The original project scope was only to construct an eastbound 150-175 foot right hand turn lane. During the design it became apparent that due to heavy westbound left turn movements, traffic congestion, and accidents, that improvements would also have to be made east of SR-99. On February 25, 1997 Council approval was granted expanding the project to include a westbound left turn lane and extending the right hand turn lane on South 336th Street to 13th Avenue South. On August 25, 1998 bids were opened for the project and the low bid was approximately $92,000.00 over the Engineer's Estimate. With the other costs such as contingencies, utility relocations, project administration, etc. the project was approximately $130,283.00 over budget. Additionally, the City was having difficulty obtaining the necessary right of way from the Columbia Bank comer located on the northeast comer of said intersection. Consequently on September 15, 1998 the City Council approved the staff recommendation to reject all bids and allow rebidding the project during the first q'~arter of 1999, or at such time as right of way was obtained. Right of way acquisition is complete and the project was rebid on April 27, 1999. The following bids were received: R.W. Scott Tydico, Inc. Olson Bros. Excavating, Inc. Enberg, Construction Inc. Tucci & Sons, Inc. Gary Merlino Construction Inc. Westwater Construction Inc. $490,184.70 $494,00O.00 $497,482.00 $502,942.55 $523,589.20 $583,290.00 $584,883.00 Engineer's Estimate $549,026.00 AVAILABLEBUDGET FundingAvailable MitigationFundingReceived TOTAL $693,500.00 $ 57,244.64 $750,522.00 ESTIMATED PRO~IECT COSTS Right of Way Design Costs Construction based on low bid 10% Construction Contingency Printing/Advertising Construction Administration Estimated Utility Adjustment costs $160,000.00 $ 94,000.00 $490,184.70 $ 49,018.47 $ 8,000.00 $ 20,000.00 $ lO,OOO.OO TOTAL $831,203.17 The project is estimated to be approximately $80,681.17 over budget based on the bids received. Staff attribute this increase in cost to delay in biding from last year to this year, increased utility adjustment costs, a robust economy with high availability of work for contractors, and increased property acquisition costs. The project shortfall could be funded with $80,681.17 from the $339,800 in unallocated street bond funds. This increase is $49,601.83 less than the $130,283.00 increase requested in 1998, in part due to additional mitigation funds that have been collected. Recommendation Place the following items on the May 20,1999 Council Consent Agenda: Approve awarding the South 336th Street at SR 99 (13Avenue South to 18th Place South) Street Improvement Project to R.W. Scott Construction Co., Inc. in the amount of $490,184.70, and approve a 10% construction contingency in the amount of $49,184.70; 2. Authorize staff to use $80,681.17 of the unallocated bond funds; 3. Authorize the City Manager to execute the contract. KM\TM :j g K:~LUTCI1999133699awd.wpd CITY OF FEDERAL WAY City Council AGENDA ITEM Crown Point Storm and Sanitary Sewer Repair - Final Project Acceptance CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum dated 7/29/98 and 4/12/99 submitted to the May 3, 1999 meeting of the Land Use and Transportation Committee SUMMARY/BACKGROUND: The referenced construction project has been completed and the contractor is requesting release ofretainage. Prior to the release, the City Council must accept the project as complete to meet the requirements of the State Departments of Revenue and Labor & Industries. As Council may recall, due to the emergency nature of the project, staff was given permission to award the contract without returning to Council after bids were received if provided that the bid amounts were less than the engineering design cost estimate presented. This was the case, with the low bid of $44,309.80 submitted by Brad Mason Tracking and Excavation, Inc. The final construction costs for the project were also below the Council authorized expenditure and are provided in detail ......................................................................................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: At its May 3ra meeting, the Land Use and Transportation Committee placed the following on the May 18, 1999 Consent Agenda for approval by the City Council: 1. Final acceptance of the completed Crown Point Storm and Sanitary Sewer Repair, constructed by Brand Mason Trucking and Excavation, Inc. CITY MANAGER RECOMMENDATION: ~[~-~ ~x c'~=-~.~.,~m~, ~, .~.~ ......... ~,.C~,,-~,, APPROVED FOR INCLUSION ~ COUNCIL PACET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION k:\council\agdbills\ 1999\crownacc.wpd COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # DATE: TO: FROM: SUBJECT: April 12,1999 Phil Watkins, Chair Land Use/Transportation Committee Jeff Pratt, Surface Water Manager~) Crown Point Storm and Sanitary Sewer Repair -- Final Project Acceptance Background: The referenced construction project has been completed and the contractor is now requesting release of the retainage associated with the project. Prior to release of retainage on a Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. Attached please find a copy of the August 29, 1998 memorandum to the Land Use/Transportation Committee entitled Crown Point Sewer Repair - Proposed Interlocal Agreement// 100% Design and Authority to Bid//Authority to Award Bid. This memo was presented to the committee as part of a request for permission to bid and award this combined Cky/Lakehaven emergency project. Because this project was an emergency, staff requested and received permission to award the contract without returning to Council after bids were received. Tills permission was granted on the condition that the construction bid received was less than the engineering design cost estimate presented in the above mentioned memorandum. The low project construction bid was $44,309.80 and was subm!tted by Brad Mason Trucking and Fxcavation, Inc. Because this amount was below the engineering design cost estimate, the project was awarded to Brad Mason Trucking and Excavation, Inc. The final construction cost for the Crown Point Sewer Repair project was below the Council authorized expenditure and is summarized in the table below for your information: Construction Item: Engineer's Estimate (City Portion) Temporary Patch $10,425 Storm Line $32,390 Sanitary Line $ 0 Sales Tax $ 2,786 Construction Management $ 0 20% Contingency $ 6,478 Engineer's Estimate Final Cost Final Cost (Lakehaven Portion) (City) (Lakehaven) $ 0 $10.425 $ 0 $ 0 $25,a80 $ 0 $32,390 $ 0 $20,600 $ 2,786 $ 0 $ 1,772 $ 9,700 $ 0 $ 9,787 $ 8,975 $ 0 $ 0 TOTAL $52,079 $53,851 5;36,305 $32,159 Recommendation: Staff recommends that the following item be placed on the May 4, for approval: 1999 Council Consent Agenda Final acceptance of the completed Crown Point Storm and Sanitary Sewer Repair, constructed by Brad Mason Trucking and Excavation, Inc. K:~LUTC\I999\CROWNACC,WPD CITY OF~~.=,, Date: July 29,1998 To: Phil Watkins, Chair Land Use and Transportation Committee From: Jeff Pratt, Surface Water Manager Subject: Crown Point Sewer Repair - Proposed Interlocal Agreement// 100% Design and Authority to Bid//Authority to Award Bid Background: As you may recall, an 18" corrugated metal storm line serving the Crown Point subdivision separated at an unknown time in the past and was discovered last winter. The damage appears to have been caused by a falling tree on a steep slope. The separation of the storm line allowed water to escape from the system and undermine the storm line down slope of the break and undermine a portion of a nearby 8-inch ductile iron sanitary sewer line owned by the Lakehavev. Utility District. Concurrent with our investigation of the storm line problem, the 1 :.:cehaven Utility District discovered that the portion of their 8-inch line traversing the steep slope tabove the washout area but very near the City's storm line) was in need of replacement. The justification for the replacement is excessive joint deflection - which is presumably a resul! of the fact that the upper strata of this steep slope moves continuously. Emergency repairs consisting of- a temporary patch of the separated storm sewer line, backfill of the eroded portion of the steep slope, and anchoring of the portion of sanitary sewer line which was undermined - were completed earlier this year. Permanent repairs a,-e planned for the months of August and September - when the steep slope upon which the lines are located is the driest. Although the storm and sanitary projects are not mutually dependent the proposals presented below for your consideration all suggest that the projects be combined - as long as the character of the construction for both lines remains the same, i.e., the solution consists of above ground installation of fused joint high density polyethylene (HDPE) pipe. Should the character of construction of the sanitary line be changed to some sort of below ground installation due to any unforseen circumstance, the sanitary portion of the project will not be cc'astructed concurrent witt, the storm line. Instead, the District would accomplish construction at ~ ,,ter date under a separate contract. Proposed Interlocal Agreement: In order to accomplish the proposed repairs to the storm and sanitary lines the City must enter into an Interlocal Agreement (ILA) with the District. Please find copy of the proposed (ILA) for the referenced sewer repair for your consideration. The proposed ILA outlines a cost and responsibility sharing plan which will achieve a shared project 'economy in the execution of the referenced repair work - provided that thc character of construction remains similar for both the storm and sanitary lines. The ILA suggests that the City bear the cost of design of both sewer lines. Construction costs associated with each utility line will be borne solely by the respective owner. Staff seeks Council's authorization to enter into this agreement with the District. 100% Design and Authority to Bid: The project design has reached the 100% completion point and is now submitted for your consideration. The following expenditure summary and cost estimate outlines the total cost of the project - including that portion of the cost allocated to the Lakehaven Utility District: Design: City District Storm and Sanitary Department of Ecology Modifications $13,000 $ 0 $ 0 $4,000 Construction: Temporary Patch $10,425' $ 0 Storm Line $32,390 $ 0 Sanitary Line $ 0 $32,390 Sales Tax $ 2,786 $ 2,786 Construction Management $ 0 $ 9,700 20% Contingency** $ 6,478 $ 8,975 TOTAL $65,079 $57,851 * Actual Cost (all other costs are estimates) **The 20% contingency amount is recommended by the design consultant due to the steep slope and the migratory nature of the slope's overlying soils The City project costs will be bome by the Minor CIP portion of the St rface Water Management Annual Programs fund. Staffis seeking Council approval of the project :'.ad Council's permission to bid the project. Authority to Award Bid: Due to the nature of this project and the time constraints placed upon this m'oject by the geotechnical conditions, staff is requesting that Council deviate slightly from its normal practice of requiring a return visit to Council between the bid for services and the award of bid for services. We subject our request to the following two conditions: the first condition is that the low project bid received is within the project budget as summarized above; the second condition is that the low bidder is both responsive and responsible and capable of completing the project to the City's satisfaction. Note that this project will be bid using the Small Works Roster of contractors maintained by the City. This Roster is routinely utilized for smaller construction projects. 'I ne City therefore has prior experience with many of the Roster's contractors. The remaining construction costs including the 20% contingency total $95,505.00 - staff will return to Committee and Council for permission to award the bid should the low project bid (including contingency) exceed this amount. Recommendation: Staff requests that the Committee forward the following project recommendations to the City Council for consideration during their August 11, 1998 meeting: Authorize staffto enter into the proposed Interlocal Agreement u, ith the Lakehaven Utility District for the Crown Point Storm and Sanitary Sewer Line Ref;t~cements 2. Authorize staffto bid the Crown Point Storm and Sanitary Sewer Line Replacement project. o S. ubject to the low bid meeting the budget constraints detailed in ~,.,is memorandum and the low bidder being responsive, responsible, and capable - authorize staff to award the bid for the Crown Point Storm and Sanitary Sewer Line Replacement without returning to Committee and Council. JTP/MS:js Attachments K:\S WMLMINORCIP\CROWNPOIkLUTC. 100 MEETING DATE: May 18, 1999 ITEM// CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: AMENDMENTS TO THE COUNTYWIDE PLANNING POLICIES CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: April 29, 1999 Memorandum to the Land Use/Transportation Committee with Exhibit A April 12, 1999 Correspondence from King County; Exhibit B -- GMPC Motions No. 98-4, 98-5, 98-6, and 98-7; Exhibit C -- King County Council Ordinance No. 13415; and Exhibit D -- January 19, 1999 King County Council Staff Report ................................................... SUMMARY/BACKGROUND: The City of Federal Way has received a request from King County to review and ratify amendments to the King County 2012 Countywide Planning Policies (CPP's). These amendments include changes to the CPPs in order to coordinate the evaluation and reporting of data and information of the CPPs with the requirements of the Buildable Lands legislation and other minor changes which will not directly affect Federal Way. ....~..e....a..t.t..a.~c...h..~..~t..a.?L.m...e...m..°...r.,a..n.~..u...m....e.~!~.!~.~.,~?~..~.~.~ ................................................................................................... ...... CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use/Transportation Committee reviewed the .~.~..~...e..s.!..a..t...i.!.s...~..a...y...3.:...~.??.?....m..e..~.ti..~..~...a...~.~...v..~...t.e..~..!..~...~.~..w...a.s.~...a...~.e.~..~.~..e...~.~..a..t.!.~...~....~.La...p..p...~..~...v..a.Lt. .o....t.,h.,~..~!?.o..~..n..c..!!.: .................... CITY MANAGER RECOMMENDATION: Approval of Land Use/Trar~por~ati~or~/ColTunittee . ..R..e...c..o..~endation. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # MEMO To: From: Subject: Date: Land Use Transportation Committee (LUTC) D~t/~'~b~pment Stephen Clifton, AICP, Director of Community Services Margaret H. Clark, AICP, Senior Planner ~ Amendments to the King County Countywide Planning Policies April 29, 1999 BACKGROUND The city has received a request from King County to review and ratify amendments to the King County 2012 Countywide Planning Policies (CPPs) (Exhibit A). Generally, the amendments include the following: Motion 98-4 - An amendment that would coordinate the evaluation and reporting of data and information on implementation of the CPPs with the requirements of RCW 36.70A.215, "Buildable Lands." Motion 98-5 - An amendment to the CPPs to reflect the Joint Planing Areas that have been resolved and to recognize the existing Interlocal Agreement for the City of Snoqualmie's Joint Planning Area. Motion 98-6 - An amendment to remove the Redmond Overlake and Kirkland Totem Lake areas from the list of Urban Centers, and to add Redmond Overlake to the list of Manufacturing/Industrial Centers. 4.. Motion 98-7 - An amendment to increase the distance for property owner notice of resource land designations. II. HISTORY Sept 23, 1998 March 4, 1999 May23,1999 Growth Management Planning Council (GMPC) adopted Motions 98-4, 98-5, 98-6, and 98-7 (Exhibit B) which recommend these amendments. Per Ordinance No. 13415 (Exhibit C), the King County Council approved and ratified these amendments on behalf of the population of unincorporated King County. Federal Way will have been deemed to have ratified the amendment unless the amendment is disapproved by legislative action. Land Use Transportation Committee Page 2 April 29, 1999 III. DISCUSSION This section will address each amendment request followed by staff discussion. Motion 98-4 -An amendment that would coordinate the evaluation and reporting of data and information on implementation of the CPPs with the requirements of RCW 36. 70A. 215, "Buildable Lands." Motion 98-4 makes the following recommendations: Recommends an amendment to Framework Policy FW-1 (Step 6B), which would coordinate the review and evaluation of the CPPs with the evaluation and reporting requirements of RCW36.70A.215. Staff Discussion Countywide Planning Policy FW-1 (Step 6B) states that the Growth Management Planning Council (GMPC) or its successor should conduct a comprehensive evaluation of the implementation of the CPPs no earlier than five years after adoption of the Phase II amendments to the CPPs based on information from the Benchmarks monitoring program. Phase II amendments were adopted in 1994, therefore, this evaluation should occur in 1999. In 1997, the buildable lands legislation was introduced amending the Growth Management Act (GMA). The buildable lands legislation requires an evaluation and report to the state no later than September 1, 2002, of data and analysis of planned and actual housing density, and employment growth and land capacity. Amendments to the CPPs are being proposed in order to provide for consistency in reporting times between the CPPs and state law. Bo Further recommends an amendment to Framework Policy FW-1 (Step 8), coordinating the 10 year review of Urban Growth Areas with the requirements of state law. Staff Discussion Countywide Planning Policy FW-1 (Step 8a) states that the GMPC shall review all Urban Growth Areas ten years after the adoption of Phase II CPPs, which would be in the year 2004. On the other hand, RCW36.70A. 130 requires a review of Urban Growth Areas every ten years to determine the densities permitted and whether urban growth projections for the succeeding 20 years can be accommodated. This section also states that this review may be combined with the review under RCW 36.70A.215. Land Use Transportation Committee Page 3 April 29, 1999 Co This amendment would result in the two reporting periods being consistent. Further recommends an amendment to Affordable Housing Policy AH-6, coordinating the review of affordable housing policies with the review and evaluation requirements of state law. Staff Discussion This amendment would result in a 1999 evaluation of how affordable housing goals are being met. Thereafter, state reporting requirements and the evaluation of housing goals as required by the CPPs would be coordinated. Further recommends an amendment to Economic Development Policy ED-14, coordinating review of the county's commercial and industrial land inventory with the review and evaluation requirements of state law. Staff Discussion This amendment would result in consistency between state reporting requirements and the evaluation of employment goals as required by the CPPs. Motion 98-5 - Recommends an amendment to Framework Policy FW-1 (Step 8b) to reflect the resolution of the Joint Planning Areas (JPAs) listed in the 1994 version of the CPPs. The amendment strikes reference to the JPAs for the cities of Redmond, Issaquah, Renton, North Bend, and Black Diamond Inserts language indicating that while the Snoqualmie JPA remains unresolved, joint planning for Snoqualmies 's urban growth area is governed by a 1990 Interlocal Agreement between King County and the city. Staff Discussion The Joint Planning Areas (JPAs) for Redmond, Issaquah, Renton, North Bend, and Black Diamond were resolved in 1995 and 1996 through actions of the GMPC and the Metropolitan King County Council. The only remaining JPA is for the City of Snoqualmie, and an Interlocal Agreement was signed in 1990 between the City of Snoqualmie and King County, that specifies the terms for beginning discussions on future annexations of the JPA. The proposed amendment does not directly affect the City of Federal Way and complies with the intent of the Growth Management Act Land Use Transportation Committee Page 4 April 29, 1999 3. Motion 98-6- Recommends an amendment to Land Use Policy L U-39 to remove Redmond Overlake and Kirkland Totem Lake from the list of Urban Centers, which were withdrawn from consideration after the adoption of the CPPs in 1994. B. Recommends an amendment to Land Use Policy L U-51 to add Redmond Overlake to the list of Manufacturing~Industrial Centers. Staff Discussion The City of Redmond amended its comprehensive plan in July 1995 to redesignate the Overlake area from an Urban Center to a Manufacturing/Industrial Center. The City of Kirkland designated Totem Lake as an activity center in its comprehensive plan in July 1995. These proposed amendments do not directly affect the City of Federal Way and comply with the intent of the Growth Management Act Motion 98-7 - Recommends an amendment to Land Use Policy L U-4 to increase the distance for property owners notice of resource land designations from 300 to 500feet. This is in accordance with action taken by the Washington Legislature in 1998 (HB 2830). Staff Discussion In 1998, the Washington State legislature adopted HB 2830 which revised RCW 36.70A to increase the distance for property owner notice for resource land designations from 300 to 500 feet. This amendment is intended to make the CPPs consistent with state law. IV I~COMMENDATION Staff recommends that the LUTC forward a recommendation of approval to thc full city council and vote to ratify the proposed amendments to the CPP's. V. LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D April 12, 1998, Correspondence from King County GMPC Motions No. 98-4, 98-5, 98-6, and 98-7 King County Council Ordinance No. 13415 January 19, 1999, King County Council Staff Report I xKCWPPS\OS039OLU WPD/Aprll 29. 1999 King County April 12, 1999 The Honorable Ron Gintz Mayor. City of Federal Way 33530 - ist Way South Federal Way, WA 98003-6210 Dear Mayor Gintz: We are pleased to forward for your consideration and ratification the enclosed amendments to the King County 2012 Countywide Planning Policies (CPPs). We apologize for the delay in transmitting these amendments to you. The Growth Management Planning Council (GMPC) met on September 23, 1998, and approved the tbllowing Motions: Motion 98-4: recommends an amendment that would coordinate the evaluation and reporting of data and information on implementation of the CPPs with the requirements of RCW 36.70A.215, "Buildable Lands". Motion 98-5: recommends amending the CPPs to reflect the Joint Planning Areas that have been resolved and to recognize the existing Interlocal Agreement for the City of Snoqualmie's Joint Planning Area. Motion 98-6: recommends removing the Redmond Overlake and Kirkland Totem Lake areas from the list of Urban Centers, and to add Redmond Overlake to the list of Manufacturing/Industrial Centers. · Motion 98-7: recommends increasing the distance for property owner notice of resource land designations. On February 22, 1999, the King County Council approved and ratified these amendments on behalf of unincorporated King County. A copy of King County Ordinance 13415 is enclosed to assist you in your review of these amendments, along with the council staff report. PAG E__/_ _2.__ The Honorable Ron Gintz April 12, 1999 Page 2 As you know, amendments to the Countywide Planning Policies become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of the population of King County according to tile Interlocal agreement. A city will be deemed to have ratified the amendments to the Countywide Planning Policies unless, within 90 days of adoption by King County, the city takes legislative action to disapprove the amendments. Please be aware that the 90oday deadline in this instance is May 23, 1999. If you have any questions about these amendments or the ratification process, please feel free to contact Carol Chan, Policy Analyst for the Office of Regional Policy and Planning, at (206) 205-0702, or Laurie Smith, Legislative Analyst, for the Metropolitan King County Council, at (206) 296-0352. If you adopt any legislation relative to this action, please submit one certified copy to Carol Chan, Policy Analyst with the King County Office of Regional Policy and Planning--~it 516 Third Avenue, Room 420, Seattle, WA 9810~ by 5:00 p.m. on May 31, 1999. If no action is taken, please submit a letter to the above address stating the same. Thank you for your prompt attention to this matter. Sincerely, Louise Miller, Chair King County Council King County Executive Enclosures: King County Ordinance 13415 with attachments January 19, 1999 Staff Report CC' Laurie Smith, Legislative Analyst, King County Council Ethan Raup, Director, Office of Regional Policy and Planning Carol Chan, Policy Analyst, Office of Regional Policy and Planning EXHIBI i , PAGE_Z_OF 2, 2 3 4 5 6 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 September 23, 1998 /kg Sponsored By: MOTION NO. 98-4 Executive Committee 13415 A MOTION by the Growth Management Planning Council of King County to amend the Countywide Planning Policies to coordinate the evaluation and reporting of data and information on implementation of the policies with requirements of state law. WHEREAS, KCW 36.70A.'.215 requires an evaluation and report to the state no later than September 1, 2002 of data and analysis of planned and actual housing density and employment growth and of resulting land capacity in jurisdictions within King County. WHEREAS, RCW 36.70A. 130 requires a review of urban growth areas at' least every ten years to determine permitted densiti.es and urban growth projections, and further states that this review may be combined with the evaluation and report to the state noted above. 'WHEREAS, Countywide Planning Policy FW-I (Step. 6b) states that the Growth Management Planning Council should conduct a comprehensive evaluation of the implementation of the Countywide Planning Policies no earlier tfian 1999 based on information from the Benchmarks monitoring program. WHEREAS, Countywide Planning Policy FW-I, Step 8a states that the GMPC shall review all 'Urban Growth Areas ten years after the adoption of the CPPs, which would fall in 2004. WHEREAS, coordinating the reports to the state with the comprehensive evaluation, including evaluation of Urban Growth Areas, housing goals, and land capacity for housing and employment would be practical and effective. THE GROWTH MANAGEMENT PLANNING COUNCIL OF KING COUNTY FEEREBY MOVES AS FOLLOWS: Framework Policy FW-1 (Step 6b) is amended as follows: · "The Growth Management Planning Council should conduct a comprehensive evaluation to assess implementation of the Countywide Planning Policies. The evaluation should be ;-:*:~*~ "~ :..4:~,~.4 ~,., based on the results of the-monitoring program, bu* no '~";~- ~han n.,o_~ .... ~- ...~-.;..., ..~-,t,.~ m.~ n ^ _~..~ ..... ~.. fl~=-C-t2t~and be coordinated with evaluation and rep,ordn~ requirements of state law. The evaluation shall include opportunities for public involvement." L/GMPC/98G M PC./Mo t98 4. doc - 1 - PAGE_I__OF_i/ 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 13415., Framework Policy FW-I (Step 8a) is amended as follows: "The GMPC shall review all Urban Growth Areas I0 years after the adoption and ratification of Phase It amendments to the CPP. The review shall be conducted utilizing monitoring reports and benchmark'evaluation and be coordinated w/th evaluation and reporting requirements of state law. As a result of this review the GMPC may recommend to the MKCC amendments to the Urban Growth Area. Alternatively, King County may initiate consideration of Urban Growth Area amendments." Affordable Housing Policy AH-6 is amended as follows: "~,~,.t ~ ..... ,,,,.r' ......... a ~.,.,,~'~, Beginning in 1999, and subsequently in coordination with evaluation and reporting requirements of state law, the Growth Management Planning Council or its sUCCessor organization responsible for monitoring growth management implementation shall evaluate achievement of countywide and local goals for housing for all economic segments of the population. -The Growth Management,Planning Council or its successor shall consider annual reports prepared under Policy AH-5 as well as market conditions and other factors affecting housing development. If the Growth Management Planning Council or its successor determines that housing planned for any econ~rnic segment falls short of the need for such housing, the Growth Management Planning Council or its successor may recommend additional, actions. As part of its evaluation, the Growth Management Planning Council or its successor shall review local performance in meeting low and moderate income housing needs. The basis for determining local performance shall be a jurisdiction's participation in countyMde or subregional efforts to address existing housing needs and actual development of the target percentage of low and moderate income housing units as adopted 'in its comprehensive plan. In establishing planning targets to addresk future affordable housing needs, it is recognized that success will be dependent in part upon regional factors beyond the control of any single.jurisdiction. Any one jurisdiction acting alone, or even in concert with other local governments, may or may not be able to achieve its targets in these policies, despite its best efforts. Success will require cooperation and support for affordable housing fi-om the state, federal and local governments, as well as the private sector. The significant role of the market must also be recognized. In determining performance the GMPC or its successor shall theref?re use reasonable .judgment, and also shall consider these market and other factors, as well as action taken ' to encourage development and preservation of Iow and moderate income housing, such as local funding, development code changes, and creation of new programs." Economic Development Policy ED-14 is amended as follows: "Jurisdictions shall cooperate on a countywide basis to inventory, plan for, and monitor the land supply for commercial, industrial, resource institutional, -. iai uses. PAGE_ OF I 4 5 7 10 11 12 lB 14 16 17 '18 19 with evaluation and reporting requirements of state law identify the amount, character and uses of land needed to achieve the jurisdictions' job growth goals." ADOPTED by the Growth Management Planning Council of King County on.S~ptember 23, 1998 and signed by the members of the GlvlP~tive Committee on / 5//'/O in open session in authentication of its id6pti°n-//~.~ ·%----(~ ~ ~ ~/7'~,~· Ron~ Gro~h Management planning Council nal-P~on, City of~eattle ~.,epreser~tative Bob Edwards, Suburban Cities Representative EXH~. PAG E_.~-'-" ~- L/G M PC/9 8G MPC./Motgg4.doc - 3 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 September 23, 1998 /kg Sponsored By: ~Executive Corm-nittee MoTIoN NO. 98-$ A MOTION by the Growth Mfinagement Planning Council of King County to amend the Countywide Planning Policies to reflect Joint Planning Areas that have been resolved and to recognize an existing Interlocal Agreement for the City of Snoqualmie's Joint Planning Area. WIq2EREAS, the Joint Planning Areas (J-PA) for Redmond, Issaquah, Renton, North Bend, Black Diamond, were resolved in 1995 and 1996 through actions of the Growth Management Planning Council .and Metropolitan King County Council. WHEREAS, the only remaining IPA is for the City of Snoqualmie, and an interlocal agreement was signed in 1990 between the City of Snoquaimie and King County that specifies the terms for beginning discussions on future annexations of the IPA. THE GROWTH MANAGEMENT. PLANNING COUNCIL OF KING COUNTY I-EEREBY MOVES AS FOLLOWS: Framework Policy FW-I (Step 8b) is hereby amended as-follows: ...... , . ,- ,~, ,---,,,*-,a .................. v ...... v ..... ~, recess to fo k i% 'r~ v;.,., r, .... ,-,, *~':" -~':-" By 1998, all of the ioint planning areas identified in the 1994 CPPs have been resolved, except for the City of S.noqualmie. Joint planning for any potential additional annexation of land to the City of Snoqualmie shall be conducted consistent .with the terms of the 1990 Interlocal A~eement between King County and the City of Snoqualmie. Future Countywide Planning: Policy amendments re~:ardin~ the Snoqualmie joint plannin.~ area consistent with the 1990 Interlocal Agreement are not subject to ratification." L/GM PC/9 8GM PC/Motg$-5.doc PAGE_t OF 1 2 3 4 5 6 7 g 9 10 11 12 13 ADOPTED by the Growth Management Planning Council of King County/~n Sept_er)aber 23, 1998 and signed by the members of the GMPCKC~xez~.e Committee on [0 ~,/r,_/ in open session in authentication of its adoS/L_..~~j~ -- R°n~Nm~h;dr, Gr~-wth Managem~~ni Planning Coun~l Bob Edwards, Suburban Cities Representative L/GMPC./gSG MPC/Mo~98-5.doc - 2 EXHIBIT -----] PAG I m EXHIB~F Z tgi o ~ o ~L. 2 3 4 5 6 7 8 9 10 11 12 13 14- 15 16 17 18 19 20 21 22 23 2'4 25 26 27 28 29 30 31 32 33 34 35 36 37 September 23, 1998 /kg Sponsored By: MOTION NO. 98-6 · Executive Committee 13415 ..3 A MOTION amending the Countywide Planning Policies to remove Redmond Overlake and Kirkland Totem Lake from the list of Urban Centers, and to add Redmond Overlake to the list of Manufacturing/Industrial Centers. wHEREAs, the City 0fRedmond amended its comprehensive plan in July, 1995 to redesignate the Overlake area from an Urban Center to a Manufacturing/Industrial Center as defined under the · Countywide Planning Policies. WHEREAS, the City of Kirkland designated the Totem Lake area as an activity center in its comprehensive plan in July, 1995. TH2E GROWTH MANAGEMENT PLANNING COUNCIL OF KING COUNTY HEREBY MOVES AS FOLLOWS: Policy LU-39 is hereby amended as follows: "The location and number of Urban Centers in King.County were determined through. the joint local and countywide adoption process, based on the following steps: a. The Countywide Planning Policies include specific criteria for Urban Centers; b. Jurisdictions electing to contain an Urban Center provided the GMPC-with a statement of commitment describing the city's intent and commitment to meet the Centers' criteria defined in these policies and a timetable for the required Centers Programmatic Environmental Impact Statement or identification of exis.ting environmental documentation to be used; and c. The GMPC reviewed the Centers by local jurisdictions consistent with Policy FW-1, and the following criteria: 1) The Center's location in the region and its potential for promoting a countywide system of Urban Centers; · 2) The total number of centers in the county that can be realized over the next twenty years, based on twenty y.ears projected growth; 3) The type and level of commitments that each jurisdiction has identified for achieving Center goals; and 4) Review of other jurisdictional plans to ensure that growth focused to Centers is assured. ldGM PC/98 GMPC/MoOg-6.doc - 1 - EXHIB[T_ PAGE._?_ O F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 D. The GMPC confirmed the following Urban Centers..: 18415 Bellevue CBD Federal Way CBD Kent CBD Redmond CBD Renton CBD Seattle CBD Seattle Center First Hill/Gapi~ Capitol Hill University District Northgate SeaTac CBD Tukwila CBD (The printed version of the CPPs contains the following footnote for Kirkland Totem Lake not foUnd in King Comity Ordinance 11446 which adopted the CPPs: "* The City °fKirkland withdrew its nomination of Totem Lake as an Urban Center in September 1995." Because this amendment to LU-39 strikes Kirkland Totem Lake from the list of Urban Centers, the footnote is no longer necessary and should not be included in any new printings of the CPPs.) Policy LU-51 is hereby amended as follows: "The location and number of regional Manufacturing'/Industrial Centers in King County were determined through the joint local and countywide adoption process, based on the following s. teps: a. Countywide Planning Polices include specific criteria for Manufacturing / Industrial Centers; b. Jurisdictions electing to contain a Manufacturing/Industrial Center provided the GMPC with a statement specifying how the Center will meet the intent of the Countywide Policies, including plans to adopt criteria, incentives, and other commitment to implement Manufacturing / Industrial Centers; c. The GMPC reviewed the Manufacturing / Industrial Centers elected by local jurisdictions consistent with Policy FW-1, and the following criteria: · 1. The center's location in the region, especially relative to existing and proposed transportation facilities and its potential for promoting a countywide system of Manufacturing/.Industrial Centers; 2. The .total number of Centers in the county that are needed in the county over the next twenty-years based on twenty years projected need for manufacturing land to satisfy regional projections of demand for manufacturing land assuming a 10 percent increase in manufacturing jobs over this period; EXHIBIT.. L/GMPC/98GMPC_JMotgg-6.doc- 2 - PAG E__ OF Il 1 2 3' 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 1.9 20 21 22 23 13415 3. The type and level of commitments that each jurisdiction has identified for achieving Manufacturing/Industrial Center goals; 4. Review ofotherju.fisdicfional plans' to ensure that growth focused to Manufacturing / Industrial Centers is assured; and 5. The accessibility of the Center to existing or planned transportation facilities. d. The GlvEPC confirmed the following Manufacturing / Industrial Centers: North Tukwila, Duwamish and Ballard/Interbay in Seattle, '~d the Kent Industrial Area. and Redmond Overlake." ADOPTED by the Growth Management Planning Council of King Coun./tYoon._S~pt.~ber 23, 1.998 and signed by the members of the GMPCKC Executive Committee on t '-/' ,n open session in authentication of its ad~ /// R~rowth Management'Planning Council Bob Edwards, Surburban Cities Representative · Cynt¢ Sullivan, King (5o~ty Representati LJG MPC./9 g G M PC./Mot9 g -6.doe PAGE 2 3 4 5 '8 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 30 31 32 33 September 23, 1998 Sponsored By: 13415 Executive Committee MOTION NO. 98-7 A MOTION amending the Countywide Planning Polix:ies to increase the distance for property owner notice of resource land designations. WHEREAS, in 1998 the Washington legislature adopted H]B 2830 which revised RCW 36.70A to increase the distance for property owner notice of resource land designations from 300 to 500 feet. · TI-IE GROWTH MANAGEMENT PLANNING COUNCIL OF KING COUNTY HEREBY MOVES AS FOLLOWS: Policy LU4 is hereby amended as follows: . "All jurisdictions'shall encourage compatible land uses adjacent to natural resource areas which support .utilization of'the resource and minimize conflicts among uses. Each jurisdiction is responsible for implementing the plat and permit notification requirements for properties within 209 5.00 feet of the resource land, as specified in RCW 36.70A as amended. Jurisdictions will consider an increased distance for notification and notification titles to property-within or adjacent to these resource lands." ADOPTED by the Growth Management Planning Council of King Cour~ty on September 23, 1998 and signed by the members of the GMPCKC Executive Committee on .. [ (~. ~' 1c-~. in open session in authentication of its adopt~m-~, -- · Ron--fi'-Sird~, Chair, Growth Management Plannino Council ~ S tt Representative [~GM PC/98GM PC/Mo t98 -7.doc Bob Edwards, Suburban Cities Representative Cyntt¢t' Sullivan, Ki;(g ~ounty Representatwe3 - - EXHIBIT ...... PAGE_ __OF 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 16 17 18 19 2O I 1/23/98 clerk 12/10/98 /CC Introduced By: Proposed No.: ORDrNANCE NO. Cynthia Sullivan 98-739 ~34~5 AN ORDINANC'E adopting an amendment to the Countywide Planning Policies pursuant to RCW 36.70A.210; ratifying the amended Countywide Planning Policies for unincorporated King County; amendifig Ordinance 10450, Sections 3 and 4, as amended, and K.C.C. 20.10.030 and K.C.C. 20.10.040. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. FINDINGS. The council makes the following findings. A. The metropolitan King County council adopted and ratified the Growth Management Planning Council (GMPC) recommended King County 2012 - Countywide Planning Policies (Phase I) in July, 1992 in Ordinance 10450. B. The metropolitan King County council adopted and ratified the Phase II amendments to the C6untywide Planning Policies on August 15, 1994 in Ordiriance 11446. C. The GMPC met on september 23, 1998 and voted to pass amendments to the King County 2012 - Countywide Planning Policies [5/25/94] to accomplish the following: amend Framework Policy FW-1 (Step 6b) to coordinate the review and evaluation of the Countywide Planning Policies with the evaluation and reporting requirements of RCW 36.70A.215; amend Framework Policy FW-1 (Step 8b) to reflect Joint Planning Areas that have been resolved and to recognize an existing lnterlocal Agreement for the city of Snoqualmie.'s Joint Planning Area; amend Policy LU-39 to remove Redmond Overlake and EXHIBIT, C _ l 2 3 .6 7 9 l0 ll 12 13 14 15 16 17 18 19 20 21 22 23 13415 Kirkland Totem Lake from the list of' Urban Centers and to add Redmond Over[ake to the list of Manuf'acturing/Industrial Centers; and amend Policy LU-4 to increase the distance for property owner notice of resource land designations consistent with chapter 36.70A SECTION 2. Ordinance 10450, Section 3, as amended, and K.C.C. 20.10.030 are each hereby amended to read as follows: A. The Phase II Amendments to the King County 2012 - Countywide Planning Policies attached to Ordinance 11446 are hereby approved and adopted. B. The Phase ii Amendments to the King County 2012 - C0untywide~Planning Policies are amended, as shown bY Attachment 1 to Ordinance 12027. C. The Phase II Amendments to the King County 2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to Ordinance 12421. D. The Phase II Amendments to the King County 20i2 - Countywide Planning P0iicies are amended, as shown by Attachments 1 and 2 t6 Ordinance 13260. E. The Phase II Amendments to the King County 2012 -Countywide Plannin~ Policies are amended, as shown by Attachments 1 through 4 to this ordinance. SECTION 3. Ordinance 10450, Section 4, as amended, and K.C.C. 20.10.040 are each hereby amended to read as f'oHows: Ratification for unincorporated King County. A. Countywide Planning Policies adopted by Ordinance 10450 for the purposes specified are hereby ratified on behalf of the population of unincorporated King County. [3.. The amendments to the Countywide Planning Policies adopted by Ordinance 10840 are hereby ratified on behalf'of the population of unindorporated King County. EXHiBiT_ C, PAGE 3-OF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 13415 1 C. The ameni:Iments to the Countywide Planning Policies adopted by Ordinance 1106l are hereby ratified on behalf of the population of unincorporated King County. D. The Phase II amendments to the King County 2012 Countywide Planning Policies adopted, by Ordinance 11446 are hereby ratified on behalf of the population of unincorporated King County. E. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachment 1 to Ordinance 12027 are hereby ratified on behalf of the population of unincorporated King County. F. The amendments' to the King County 2012 - Countywide Planning Policies, as shown by Attachment l to Ordinance 12421, are hereby ratified on behalf of the population of unincorporated King Cciunty. G. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachments 1 and 2 to Ordinance 13260, are hereby ratified on behalf of the population of unincorporated King County. - 3 - EXHIBI?. C. 1 2 3 4 5 6 7 8 9 10 11 13415 '; H. The ameddments to the King County 2012 - Countywide Planning Policies, as shown by Attachment I through 4 to this ordinance, are hereby ratified on behalf of the population of unincorporated King County. INTRODUCED AND READ for the first time this 14th day of December, 1998. PASSED by a vote of.I/ to ~).. this cx'qo2/t t'(day of /d~ ,tko f-/~,,E.c././ , ATTEST: KING COUNTY COUNCIL KING COUNTY, WASHINGTON 12 14 15 16 ""'Clerk 6f the Council 'APPROVED this 4 dayof. ~/~C~ ,19~.~ 17 18 19 20 Attachment 1: Growth Management Planning Council Motion 98-4, dated 9/23/98. Attachment 2: Gro:wth Management Planning Council Motion 98-5, dated 9/23/98. Attachment 3: Growth Management Planning Council Motion 98-6, dated 9/23/98. Attachment 4: Growth Management Planning Council Motion 98-7, dated 9/23/98. - 4 EXHIB C PAGE__q Agenda Item No.: Metropolitan King County'Council Growth Management Committee StaffReport 2 Name: Laurie Smith 98-739 Date: January 19, 1999 Proposed No.: SUBJECT: Proposed Ordinance 98-739 would adopt the Growth Management Planning Council's (GMPC) recommended amendments to the King County 2012 - Countywide Planning Policies [5/25/94], and ratify them on behalf of the citizens of unincorporated King County. ]~aM~~t]~ The GMPC met oh September 23, 1998 and adopted four motions recommending certain "housekeeping" amendments to the King County 2012 - Countywide Planning Ptlicies [5/25/94], as follows: ~fotion 98-4: - Recommends an amendment to Framework Policy FW-1 (Step 6B) coordinating the review and evaluation of the Countywide Planning Policies with the evaluation and reporting requi~rements of RCW 36.70A.215 ("buildable lands"). .. · Further recommends an amendment to Framework Policy FW-I (Step 8) coordinating the 10 year review of Urban Growth Areas with the requirements of state law. · Further recommends an amendment to Affordable Housing Policy AH-6 coordinating the review of affordable housing policies with the review and evaluation requirements of state law. · Further recommends an amendment to Economic Development Ptlicy ED- 14 coordinating review of the coun/y's commercial and industrial land inventory with the review and evaluation requirements of state law. Motion 98-5: · Recommends an amendment to Framework Policy FW-! (Step 8b) to reflect the resolution of the ~'oint Planning Areas (YPAs) listed in the 1994 version of the CPPs. The amendment strikes references to the JPAs for the cities of Redmond, Issaquah, Renton, North Bend and Black Diamond. Inserts language indicating that while the Snoqualmie JPA remains unresolved, joint planning for Snoqualmie's urban growth area is governed by a 1990 Interlocal Agreement between King County and the city. Motion 98-6: · Recommends an amendment to Land Use Policy LU-39 to remove Redmond Overlake and'Kirldand Totem Lake from the list of Urban Centers, which were withdrawn fi:om consideration after the adoption of the CPPs in 1994. · Recommends an amendment to Land Use Policy LU-5 ! to add Redmond Overlake to the list of Manufacturing/Industrial Centers. Motion 98-7: · Recommends an amendment to Land Use Policy LU-4 to increase the distance for property owner notice of resource land designations from 300 to 500 feet. This is in accordance with action taken by the Washington State legislature in 1998 (H~B 2830). Q/gmc99/staffrepon/98-739(I.19) 02/24/99 2:33 PM EXHIBIT PAGE ;i- SUMMARY: Proposed Ordinance 98-739 would adopt an amendment to the Countywide Planning Policies pursuant to RCW 36.70A.2 ! 0 and would ratify the amended Countywide Planning Policies for unincorporated King County. It would amend Ordinance 10450, Sections 3 and 4, as amended, and K.C.C. 20.10.030 and K.C.C. 20.10.040. Amendments to the Countywide Planning Policies become effective when ratified by ordinance or resolution by at least 30% of the city and county governments representing 70% of the population of King County according to the Interlocal agreement. A city shall be deemed to have ratified the countywide planning policy .unless, within 90 days of adoption by King County, they city by legislative action disapproves the countywide planning policy. Notification of action taken by cities related to these policy amendments will be catalogued by Executive Staff and entered into the minutes of the Growth Management Planning Council after the 90 day window has passed. POLICY ])IRECTION: County~Vide Planning Policies FW-1 (Step 9) Amendments to the Countywide Planning Policies may be developed by the Growth Management Planning Council or its successor, or by the Metrbpolitan King County Council, as provided in this policy. Amendments to the Countywide Planning Policies, not including amendments to the Urban Growth Area pursuant to Step 7 and 8 b and e above, shall be subject to ratification by at least 30 percent of the city and C-..ounty governments representing 70 percent of the population of King County. Adoption and rafificati6n of this policy shall constitute an amendment to the May 27, 1992 intefloeal agreement among King County, the City of Seattle, and the suburban cities and towns in King County for the Growth Management Planning Council of King County. ATTACHMENTS: 1. Proposed Ordinance 98-739, dated 11/23/98, With attachments. Q/gmc99/$taffreport/g8o739(I-19) 02/24/99 2:33 PM EXHIBi PAG E_ A CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE BUSINESS X__HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budget, Expenditure Amt Contingency Reqd: SUMMARY/BACKGROUND: This Report of Expense and Hearing concerns the removal of a derelict mobile home that was determined to be a dangerous public nuisance under provisions of the Uniform Code for the Abatement of Dangerous Buildings (UCADB). Report of Expense and Hearing are required by the UCADB for Council to review costs associated w/abatement and approve or amend the method of cost recovery. CITY COUNCIL COMMITTEE RECOMMENDATION: To approve placemen: ~:,f a lien on the subject property for the costs of abatement to ensure payment through the property tax system as r':'.commended in the staff report. CITY MANAGER RECOMMENDATION: /~[¢~",;,J~: £~*~ ~co~v~ ~-7~ ~i ~L~'r~' ............................................................................................................... :.4 ................................................................................... ............. ,G.__ ¢' ' '~'":~'~ ' "~' ' r's ' ' rY ' "rr' ' ' '~" J ...... APPROVED FOR INCLUSION IN COUNCIL PACKET: (~-'~ (BELOW TO BE COMPLETED BY CITY CLERK'S OF NICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL ORDINANCE # RESOLUTION ~' CITY OF NOTICE OF HEARING (206) 661-4000 FEDERAL WAY, WA 98003-6210 Report of Expense - Tkachuk Abatement Assessment of Abatement Costs Pursuant to Chapter 9 of The Uniform Code for the Abatement of Dangerous Buildings DATE & TIME OF HEARING SUBJECT PROPERTY STAFF REPRESENTATIVE STAFF RECOMMENDATION May 18, 1999, 7:00 p.m., Federal Way City Hall Council Chambers 28107 - 28th Avenue South, Federal Way, WA Martin Nordby, Code Compliance Officer Doug Fortner, Special Asst. City Attorney Impose the costs to abate violation as a special assessment against the property to ensure payment through the property tax system. Any person interested in or affected by the proposed charges may file written protests or objections with the City Clerk at any time prior to the time set for the hearing on the report. Each such protest or objection must contain a description of the property in which the signer is interested and the grounds of such protest or objection. The City Clerk shall present such protests or objections to the City Council at the time set for the hearing, and no other protests or objections shall be considered. L ~PRMSYS\DOCUMEN]"~BLD97 04 77~ABATENOT DOC crt"Y OF ~__~ 33530 1ST WAY SOUTH (206) 661-4000 FEDERAL WAY, WA 98003-6210 STAFF REPORT TO THE FEDERAL WAY CITY COUNCIL Report of Expense - Tkachuk Abatement Assessment of Abatement Costs Pursuant to Chapter 9 of The Uniform Code for the Abatement of Dangerous Buildings DATE & TIME OF HEARING SUBJECT PROPERTY STAFF REPRESENTATIVE STAFF RECOMMENDATION May 18, 1999, 7:00 p.m., Federal Way City Hall Council Chambers 28107 - 28th Avenue South, Federal Way, WA Martin Nordby, Code Compliance Of'fi,::et Doug Fortner, Special Assistance City Attorney Impose the costs to abate the viclation as a special assessment against the property to ensure payment through the property tax system. BACKGROUND This matter involves remora! of an illegally placed manufactured home on property located at 28107 28th Avenue South, Federal Way. The property owner of record, Anatoliy Tkachuk, obtained a building permit (BLD97-0477) on January 16, t 0QB., to place an approved manufactured home on the site. Federal Way requires all manufactured homes to meet certain construction and safety standards. Mr. Tkachuk's manufactured home did not meet those standards. In addition, the property owner failed to inform the city the site bordered a sensitive area as required by Federal Way City Code (FWCC) Sectio~ 22-1223. Unauthorized grading and fill work also occurred on the site. As a result of these actions by the property owner, the building permit was revoked by the building official on May 18, 1998. The building left on site after the revocation of the building permit consisted of one-half of a 1965 manufactured home in a dangerous condition. The building official determined this structure constituted a dangerous building pursuant to the definition in the Uniform CodeJbr the Abatement of Dangerous Buildings (UCADB) Section 302 on May 7. 1998. City adoption of the UCADB is contained in FWCC Section 5-166. The UCADB requires the city to notify the owner of the determination the building is dangerous and to specify what steps need to be taken to correct the problem. Notice of the dangerous building was given by June 12, 1998, Notice and Order. Mr. Tkachuk was personally served with the Notice and Order at City Hall. A translator was used to ensure the requirements of the order were communicated clearly. In addition, on May 7, 1998, Mr. Tkachuk was personally served a Notice of Violation outlining numerous zoning violations. This granted him until June 7, 1998, to remove the mobile home and correct the zoning violations. The Notice and Order which outlined violations of the UCADB gave him an additional seven days to remove the one-half mobile home. He did not. Mr. Tkachuk was given notice he had the right to appeal the determination the structure was dangerous, but did not pursue that remedy. Following the time period granted for an administrative appeal, the building official resolved to remove the manufactured home pursuant to UCADB Section 702, and obtained estimates of the cost. Barry Excavating, Inc. responded with the only bid: an estimate of $9,393.60. The building official approved removal of the structure by Barry Excavating. On March 19, 1999, Barry Excavating removed the manufactured home, and billed the city for $10, 201.45; representing the $9,393.60 bid price plus tax of $887.89 The city may now seek reimbursement for the amount expended to remove the manufactured home by either placing a lien on the property to be collected with the real estate taxes, or by seeking a personal judgement against Mr. Tkachuk. PROCEDURE Section 902 of the UCADB requires a hearing before the City Council following at least ten days notice. Notice is to be given by publication, posting the site, and certified mail. The proper notice. has been given. CITY COUNCIL ACTION Pursuant to section 904 of the UCADB, a public hearing must be held before the City Council after which the City Council must "hear and pass upon" this report. The City Council has the following options: 1. Accept the total amount of the bill or modify the amount based on evidence presented at the hearing. 2. Determine whether the cost of abatement should be made a personal obligation of Mr. Tkachuck or a special assessment against the property. City Council Staff Report Page 2 Report of Expense/Tkachuk Abatement 3. If the debt is a personal one, and exceeds $500, the city can order payment in installments, not to exceed five annual installments. 4. If the debt is a special assessment, it will be placed on the tax rolls and collected with all other real estate taxes. STAFF RECOMMENDATION Based on the record, staff believes the charges incurred are just and reasonable, and should not be reduced. Further, staff recommends the City Council impose these costs as a special assessment against the property to ensure payment through the tax system. L /,PRMSYS~DOCUMENT~BLD97 04 77~ABATERPT DOC City Council Staff Report Page 3 Report of Expense/Tkachuk Abatement CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 1999 ASPHALT OVERLAY BID AWARD CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE X BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: Expenditure Amt: Contingency Reqd: ATTACHMENTS: Bid Results for the 1999 Asphalt Overlay Project Memorandum dated 1/27/99 submitted to the Land Use and Transportation Committee SUMMARY/BACKGROUND: Five (5) bids were received and opened on May 10, 1999 at 10-10 a.m. for the 1999 Asphalt Overlay Project (see attached bid results for further detail). The lowest responsive, responsible bidder is Lakeside Industries, with a total bid of $1,655,867.74. In order to be within budget, it is recommended that Schedule H (Lakota Junior High) be deleted from the project, and if funding allows, and the contingency is not expended, approve adding all or a portion of Schedule H back into the contract. It is recommended that Lakeside Industries, the apparent low bidder, be awarded Schedules A, B, C, D, E, l/ F, and G of the contract, in the amount of $1,598,289.74, and approve a 10% construction contingency of $159,829.00, and a construction administration amount of $59,000.00. The total construction cost of $1,871,118.74, is $6,817.26 less than the total approved budget of $1,877,936.00. As discussed at the February 1, 1999 Land Use & Transportation Committee meeting and February 16, 1999 City Council meeting, staff will continue to coordinate with Quadrant to avoid conflicts of timing and prevent repetitive work within the public right of way. When Quadrant makes improvements to the roadway section and pavement surfaces for portions of Weyerhaeuser Way, a portion of the Asphalt Overlay Program funding that otherwise would have been spent on overlaying these same portions of Weyerhaeuser Way will be used as the City's match, or contribution, toward the wye intersection improvements. The amount of the City's match will depend on the success of the grant applications and the mitigation collected from Quadrant projects in East Campus. CITY COUNCIL COMMITTEE RECOMMENDATION: The contract is awarded within budget, and was not taken to the Land Use and Transportation Committee, but is being brought directly back to Council for award, as approved at the February 1, 1999 LUTC meeting. (See attached memo, dated January 27, 1999) CITY MANAGER RECOMM.ENDATION:, .t}~.?Q :6~ C [-~-'~' ~.?' L~4~"~F~'~'~' '? t ~ ff ~ ~ ~ Lt ~, ~:~ .......... '.-.~ ................................................................................... ~..~x....~l...'....: ....... ~. ......... ? ...................................................... ............................................................... APPROVED FOR INCLUSION IN CO~CIL PAC~T: (~' (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION K:\COUNCIL\AGDBILLS\ 1999\99OLAWD.CC (PSK) COUNCIL BILL # ORDINANCE # RESOLUTION # 1999 ASPHALT OVERLAY PROJECT BID RESULTS The following bids were received and opened on May 10, 1999 at 10:10 a.m. for the 1999 Asphalt Overlay Project: Contractor Total Bid Amount Lakeside Industries Watson Asphalt Paving Co., Inc. Woodworth and Co., Inc. Tucci and Sons, Inc. M.A. Segale, Inc. $1,655,867.74 $1,711,671.84 $1,717,027.95 $1,743,711.35 $1,883,027.55 Engineer's Estimate 1999 Asphalt Overlay Budget $1,954,859.30 $1,877,936.00 The lowest responsive, responsible bidder is Lakeside Industries. Their bid for each schedule is as follows: Schedule Bid Project A $161,183.90 Ninelake Park B $429,137.25 Soundcrest C $63,041.50 South 330th Street D $175,247.40 Mirror Lake E $421,463.10 Twin Lakes F $275,259.59 Southwest Campus Drive G $72,957.00 Highline Savings H $57,578.00 Lakota Junior High The following is breakdown of the estimated total project construction costs with Schedule H deleted from the project.: Contract Amount $1,598,289.74 10% Contingency 159,829.00 Construction Administration 59,000.00 In-house Design 51,000.00 Printing and Advertising 3,000.00 Total $1,871,118.74 K: \COUNCIL\AG DBILLS\ 1999\99OLAW D. CC (PSK) Date: To: City of Federal Way January 27, 1999 Phil Watkins, Chair Land Use/Transportation Committee From: Ken Miller, Street Systems Manager Pearl Kronstad, Streets Engineer Subject: 1999 Asphalt Overlay Program - Preliminary Project List Background: Public Works Staff has developed a list of recommended streets for the 1999 Asphalt Overlay Program. The total budget for the program is $1,877,936, and is comprised of the following: 1998 Carryforward $ 1999 Budget $ 1999 Structures Budget $ Street Utility Tax $ 237,000 573,035 100,000 967,901 Total Funding Available $1,877,936 The streets were selected using the City's pavement management system and were verified by field reconnaissance. The following is a preliminary list of projects to be included in the 1999 Asphalt Overlay Program. The costs shown are estimated, and will be refined once the design of each schedule is completed. A more detailed list of streets and a project vicinity map are attached for your information. Schedule A Ninelake Park $ 210,402 Schedule B Soundcrest $ 478,854 Schedule C South 330tn Street $ 102,063 Schedule D Mirror Lake $ 23 7,594 Schedule E Twin Lakes $ 287,171 Schedule F Twin Lakes 2 $ 3 71, 709 Schedule G Southwest Campus Drive $ 186,646 Schedule H Highline Savings $ 111,315 Schedule I Lakota Junior High $ 57,656 Schedule J Weyerhaeuser Way $ 222,248 Subtotal Project Costs Construction Administration and 10% Construction Contingency $1,893,949 $ 290,000 Total Estimated Program Cost $2,183,949 The estimated cost of $2,183,949 is a preliminary figure used for estimating purposes only and includes construction administration, 10% construction contingency, in-house design, inspection, printing and advertising. The project will be awarded within the overlay budget of$1,877,949.00. The $100,000.00 from the Structures budget is for the City's annual Sidewalk Replacement Program, and will cover the costs associated with the replacement of substandard wheelchair ramps, repairing existing curb, gutter, and sidewalks within the overlay project area. The inclusion of the Weyerhaeuser Way area (Schedule J) as proposed in the Overlay Program will be dependent on the timing of utility infrastructure extensions and road work associated with the Quadrant development projects in Weyerhaeuser's East Campus area. Public Works will continue to coordinate with Quadrant to avoid conflicts of timing and prevent repetitive work within the public right of way. In light of the coordination efforts, Weyerhaeuser requested that the City accelerate the timing of the wye intersection project (So 336th and Weyerhaeuser Way) identified on the City's current TIP (see attached) in order to improve the intersection consistent with the timing of development activity. To that end, and in accordance with LUTC and City Council direction (see attached recommended project/grant submittal list), the Public Works Department and Weyerhaeuser Corp have submitted a joint application for funding to assist with the intersection improvements. Since Quadrant will be required to make improvements to the roadway section as well as the pavement surface for portions of Weyerhaeuser Way, staff is requesting approval to utilize a portion of the Asphalt Overlay Program funding that otherwise would have been spent on overlaying these same portions of Weyerhaeuser Way as the City's match, or contribution, toward the wye intersection improvements. The amount of the City's match will depend on the success of the grant applications, and the mitigation collected from Quadrant projects in East Campus. In any event, the Weyerhaeuser Corp has agreed to match the City, dollar-for-dollar, in contributions towards the wye intersection improvement project (see attached letter from Weyerhaeuser Corp). Once the list of streets for the overlay program is approved by Council, staff will begin final design. The anticipated date for advertising is May, 1999, with construction beginning in June. Recommendation Staff requests that the Committee recommend approval and place the following items on the February 16, 1999 City Council meeting consent agenda: 1) 2) 3) Approve the list of streets for the 1999 Asphalt Overlay Project; Authorize staff to bid the 1999 Asphalt Overlay Project and return directly to the City Council for award if the bid s received are within budget; Authorize staff to utilize a portion of the 1999 Asphalt Overlay Project funding for the Weyerhaeuser Way Schedule as the City's match toward the wye intersection improvements. K:\LUTC\ 1999\99OLPLST.WPD 2-1-99 LUTC MEETING CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Proposed Resolution Authorizing Excess Monies for the Early Redemption of Bonds From the Utilities Tax CATEGORY: BUDGET IMPACT: ,CONSENT ORDINANCE ~7-BUSINESS HEARING FYI XXRESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: A proposed resolution providing for the method for early redemption of bonds, and a May 12, 1999 Memo from Iwen Wang regarding Excess Utility Tax Options SUMMARY/BACKGROUND: On December 19, 1995 the City Council enacted Ordinance No. 95-257, which provided for a utility tax at the rate of 1.37% to fund the cost of traffic and street improvements. On December 3, 1996 the City Council enacted Ordinance No. 96-276, which increased the utility tax 3.63% and authorized the "Community Investment Pool Fund". The additional tax rate and investment earnings were for the purpose of projects to be identified, and associated maintenance and operation of said projects. The City staff projected that the 3.63% increase would generate sufficient revenues to pay the debt incurred by the bonds over fifteen years and approved maintenance and operation costs, including the asphalt overlay program. The taxes collected, have been higher than projected. As a result, an excess of $1.45 million is in the Utility Tax Fund. This excess amount represents taxes collected as well as interest earned. Based upon recent past history, City Staff projects that an excess of $425 thousand will be collected annually. On May 10, 1999, the PARCS moved to place the issue of the excess from the utility tax on the agenda. The proposed resolution would provide a mechanism for the excess amounts collected along with the interest earnings to be used for the purpose of redeeming the bonds at the earliest possible date, on or after June 1, 2006. The early redemption of the bonds would reduce the total amount of interest paid on the bonds. CITY COUNCIL COMMITTEE RECOMMENDATION: Adopt the proposed resolution to use the excess utility tax collected along with the interest earned for the early redemption of the bonds. CITY MANAGER RECOMMENDATION:, , ., '/ ,,: APPROVED FOR INCLUSION 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 # K;\agenditem\utilit.exc RESOLUTION NO. DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, -WASHINGTON, PROVIDING FOR THE METHOD FOR EARLY REDEMPTION OF THE BONDS FUNDED BY THE UTILITIES TAX. WHEREAS, on December 19, 1995 the Federal City Council passed Ordinance No. 95-257 providing for a 1.37% tax upon the privilege of conducting an electrical energy, natural gas, storm drainage, garbage, cable television, cellular and other telephone and wireless egmmunieafions services business for the purpose of construction and maintenance of certain streets, and transportation improvements; and WHEREAS, on December 3, 1996 the Federal City Council passed Ordinance No. 96-276 providing for a 3.63% increase of the utility tax, which totaled a 5% utility tax; and WHEREAS, the Federal City Council directed City staff to apply a portion of the revenues for the bonds authorized pursuant to Ordinance No. 97-292; and WHEREAS, the City may redeem the bonds plus accrued interest before their maturity on or after June 1, 2007; and WHEREAS, the revenues generated by the utility tax have exceeded the amounts necessary for the payment on the bonds in the amount of $1.45 million; and WHEREAS, it is projected that $425 thousand excess will be collected in the furore years provided that the utility tax remains at the 5% level; and Res. # , Page 1 WHEREAS, the City deems it advisable and in the best interest of the public to provide a mechanism for retiring the bonds before their maturity date, and thereby, reducing the total amount of interest paid on the debt; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Any monies collected from utilities taxes, which exceed the necessary amounts for payments of bonds and the maintenance and operation of capital projects designated in Exhibit"A" attached hereto and incorporated herein by this reference, shall remain in. the Utility Tax Fund for the purpose of redeeming said bonds. Section 2. Sevembili _ty. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and atTumed. Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this __ day of ,19 CITY OF FEDERAL WAY Res. # , Page 2 MAYOR, RON GINTZ 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: RESOLUTION NO. kAreso\utilit.exe Res. # , Page 3 ADOPTED 1997 COMMUNITY INVESTMENT PROGRAM Utility Tax (1) Other Sources Total Available as % of UT Tax M & O Capital (2) M & O Capital M & O Capital M & O Capital 1. 199511996 STREETS BOND Street & Transportation - 7,500 - - 7,500 0.00% 1.30% M & O 41 - - 41 - 0.05% 0.00% 1995/96 Bonds Subtotal 41 7,500 - - 41 7,500 0.05% 1.30% 1.35% 2A 1997 ClP Public Safety (3) - 3,000 68 1,500 68 4,500 0.00% 0.36% Sports Fields (4) 50 7,185 150 350 200 7,535 0.06% 1.21% Civic Theater (5) 100 1,550 50 520 150 2,070 0.13% 0.26% Downtown (6) 106 1,900 - 500 106 2,400 0.13% 0.32% North Entry to Sports Fields - 290 - 500 790 0.00% 0.05% Downtown (6) - 725 - - 725: 0.00% 0.12% New Facility Subtotal 256 14,650 268 3,370 524 18,020 0.32% 2.31% 2B ASPHALT OVERLAYS Base Level - 740 - 740 - 0.00% 0.00% 1997 & 1998, each year - 200 - 200 - 0.00% 0.00% 1997 Utility Tax 800 - - 800 - 1.01% 0.00% Overlay Subtotal 800 940 - 1,740 - 1.01% 0.00% Subtotal 1997 Programs 1,056 14,650 1,208 3,370 2,264 18,020 1.34% 2.31% 3.65% Grand Total 1,097 22,150 1,208 3,370 2,304 25,520 1.39% I 3.61% Notes and Assumptions: 1) 2) 3) 4) 5) 6) 5.00%. 1% in utility tax is estimated to generate $790,000 per year. The final borrowing rate was 5.4% with $132,500 per $1 million In annual debt service payment. This is slightly below the $t35,000 or $140,000 per million used in March and Januray respectively. $1.5 million other sources in Public Safe{y Building represnts present value of lease payment included in the departrnent's operating budget. This portion of the bond will be financed over a 15 year period callable after the 9th year. Sports fields maintenance and operations estimate is based on actual experience from Saghalie Park, in 1997 dollars. The recommended utility tax support of civic theater operation will be capped at $100,000 per year. Annual M & O for downtown is based on the assumption of $50,000 for beautification projects and $56,000 for new street lights. Ic~mance~council\ FCL'Pf97B.XLS finalest 5/6/97 2:50 PM CITY OF FEDERAL WAY MEMORANDUM Date: To: From: Subject: May 12, 1999 Kenneth E. Nyberg, City Manager Iwen Wang, Management Services Director Excess Utility Tax Options This memorandum will summarize the comparison I prepared for Council Member Dovey and the Parks, Recreation, Human Services, and Public Safety Committee comparing two options in dealing with the excess utility taxes. As we have reported to the Council earlier, the City's 5% utility tax collection has exceeded its initial projection by approximately $425,000 per year (approximately ½%). At the end of 1998, the City has accumulated $1.45 million in the utility tax fund from past collections and applicable interest earnings. The two options compared as shown in the attached spreadsheet were: Option 1: Continue current tax rates and set aside the excess until sufficient funds are accumulated to fully retire the debts. This option will: (1) allow the tax rate to be permanently reduced to 1.25%* in 2005 instead of year 2012 as proposed; (2) return $7.5 million to city's debt capacity; (3) will save $832,000 in interest payments over the remaining term of the bonds; (4) generate a saving of $137 per household over the life of the bonds. Option 2: A one-time tax reduction to reduce the collection by the $1.45 million and reduce the on-going tax by ½%, to 4.5%, this would match the collection with intended needs and the original debt payment schedule. This option will: (1) generate tax savings immediately (a one-time reduction of approximately $40 per household, and an additional $13 per household per year by reducing the tax rate to 4.5%); (2) closely match future tax collection with future debt service and M&O requirements. Under either option a 1.25% utility tax, represents the approximate tax rate needed for overlay program and the maintenance and operation of the specific utility tax capital projects, is anticipated to continue indefinitely. K:\FINANCE\*\UTAXEXSS Options for the Excess Utility Tax Option 1: Continue utility tax at 5% and setaside the $1.45 million already collected and the $425k future annual excess in the future to fully prefund utility tax debt services after 2004, including $3.66 million bonds callable in 2006. Rebate $1.45 million to customer through 1 time tax reduction (approximately $40/per household); reduce future tax rate by 1/2% to 4.5% (a saving of $13/per household per year); and maintain current debt service schedule. ~ Option 1 Option 2 Tax rate Differences 6.00% 5.00% 4.00% 3.00% 2.00% 1.00% 0.00% 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Savings of Option I Option I Option 2 Year PV $ Tax :~ ** Tax Rate Note Tax $ ** Tax Rate Note , Reflect refund of $1.45 1999 (53.34) (53.34) 127.00! 5.00% 73.66 2.90%!mi,ion 2001 (12.34) (13.60) 136.05 5.00% 122.44 4.50%; 2002 (12.16)i (14.08) 140.81 5.00% 126.73 4.50%, ~-003 (11.99)! (14.57) 145.74 i 5.00%! 131.16 4.50%I 2004 (11.82)'. _(15.08) 150.841 5.00%; 135.75 4.50%i i I i 1995/96/97 Debt Service 1995/96 Debt Service fully 2005 47.06 ~ 63.07 39.03 i 1.25% ifully funded 102.10 3.27% funded 2006 46.39: 65.28 40.39 . 1.25%r~ 105.67 3.27%! 20~07 45.73 67.56 41.81 i 1.25%i ___109.37 .... 3~. 2_7__°.~ i ~! Completion payment of : ~ 1997 Celebration Pk, · 43.27! ~ i Theater' & Downtown 2008 7.81 i 12.12 1.25%i 55.39 1.60% Debt --- ~ 12.54 44.79 I 1.25% ........... 57~:~3 -- 1.60%i 2009 7.70 i 2010 7.59 '-- 12.98 46.35 1.25%! 59.33-' 1.60%[ 2011 7.48 i 13.43 47.98 1.25%1 61.41 1.60%I 2012 7.37I 13.90 49.66I '1.25%I 63.56 1.60% i ' I I Comp etlon payment of I ! i i1997 Pub i¢ Safety Faci ty 2013 I 51.39 i 1.25%1 51.39 1.25%!Debt Total 62.97 I 137.06 1,185.151 ~ I * It is anticipated that approximately 1.25% of utility tax will continue indefinitely for maintenance and operation of the specified capital projects and the overlay program. ** Utility taxes is projected to grow at 3.5% a year based on population growth and inflation. Uttaxopt option 5/7/99 10:22 AM MEETING DATE: May 18, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Consent to Sale of Federal Way Disposal, Inc. to Washington Waste Hauling ....................................................... ............................................................................................................................................... ........... CATEGORY: BUDGET IMPACT: CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum w/attachments to the April 27, 1999 meeting of the Finance/Economic Development/Regional Affairs Committee Draft Ordinance to Authorize Sale Subject to Revised Franchise Agreement SUMMARY/BACKGROUND: The City's franchised garbage hauler, Federal Way Disposal (FWD), is in the process of being purchased by Washington Waste Hauling and Recycling, Inc., a subsidiary of Waste Management, Inc. (WMI). Several enhancements to the franchise agreement are designed to protect the City's interests regarding this ownership transfer. WMI has agreed to these franchise agreement changes, including agreeing to no rate increases for the remainder of the franchise term (through 2001). CITY COUNCIL COMMITTEE RECOMMENDATION: At its April 27, 1999 meeting, the Finance/Economic Development/Regional Affairs Committee made the following recommendations: Approve the sale of Federal Way Disposal to Waste Management Incorporated, conditioned to the attached amended franchise agreement. Direct staff to prepare the appropriate ordinance adopting these franchise agreement changes, subject to WMI's execution of the amended franchise agreement. Forward this item to the May 18, 1999 City Council meeting consent agenda with a recommendation for adoption of the appropriate ordinance. CITY MANAGER RECOMMENDATION: Adopt ordinance consenting to sale and amending Franchise Agreement. ...................................................................................................................................................................................... (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL it 1st Reading Enactment Reading ORDINANCE it RESOLUTION It I:\FWD-SALE.SWR CITY OF FEDERAL WAY - CITY COUNCIL FINANCE/ECONOMIC DEVELOPMENT/REGIONAL AFFAIRS COMMITTEE Date: From: April 22, 1999 Cary M. Roe, Public Works Director~ Bob Sterbank, Deputy City Attorney'~f~- Subject: Sale of Federal Way Disposal, Inc. to Washington Waste Hauling & Recycling, Inc. (a Waste Management Inc. Subsidiary) Executive Summary: Last October, the City received notice from its franchised garbage hauler, Federal Way Disposal (FWD), that an agreement in principal had been reached with a subsidiary of Waste Management, Inc. (WMI) for the sale and acquisition of Federal Way Disposal. Under the City's existing franchise agreement with FWD, the City has the right to consent to or reject any assignment or sale of Federal Way Disposal. Accordingly,. City staff retained outside- counsel to review the proposed transaction., and the record and qualifications of the buyer," WMI, in order to make a recommendation to Council as to whether to approve or reject the sale. Specifically, staff: Reviewed the purchase and sale agreement between FWD and WMI Reviewed financial records and securities filings related to FWD and WMI Reviewed the litigation history related to FWD and WMI Consulted with other municipalities regarding their experiences with WMI Prepared and negotiated clarifications to .the existing franchise agreement to address concerns raised by the foregoing review Discussion: The review process is now complete, and a summary of findings follows. 1. The purchase and sale agreement between FWD and WMI is acceptable. Regarding financial records, FWD shows a loss on paper which is more reflective of the way the company's shareholder assets are currently managed, than the revenue and operating costs the City understands are necessary to operate the franchise. WMI also shows a loss due to its recent mammoth expansion (the 1998 merger of the first- and third-ranked national hauling companies). This could put pressure on the new franchisee to either cut comers or attempt to increase rat[s. To protect against this possibility, several changes to the existing against the franchise agreement were prepared. These include: A "freeze" on rates resulting from WMI's operating cost increases through the existing FEDRAC Memorandum April 23, 1999 Page -2 term of this franchise, except for ~pass throughs~ of disposal increases by King County, or disposal cost decreases that may result from direction of tonnage to facilities owned by entities other than the County. This freeze in turn means that any merger and acquisition costs are not eligible for rate increases, and that any "paper" losses incurred by the current owner are ineligible as an allowable operating cost requiring rate. o Regarding the litigation history related to WMI, an extensive search highlighted legal issues that have arisen for both USA Waste and the former Waste Management Incorporated (the two companies which have now formed under the name "Waste Management, Inc"). WMI presently possesses a comparatively clean legal record in the Pacific Northwest, but elsewhere a variety of legal issues have arisen. To protect against this, several changes to the existing franchise agreement were prepared. These include: A provision specifically requiring the franchisee to comply with all laws in performing its obligations, and providing the City the ability to terminate the franchise if the franchisee fails to comply with any laws material to the franchise. Expanded "Liquidated Damages" provisions to penalize failure to perform key obligations under the franchise. Staff also consulted with other municipal references regarding their experiences with WMI. This yielded several suggestions for handling issues that commonly arise from the operation of solid waste franchises. As a result, the new agreement clarifies provisions regarding any future potential ownership transfers, and augments specific liquidated damages for failure to perform key obligations under the franchise. Finally, City review of the existing franchise provided the oppommity for many "housekeeping" changes to the franchise agreement to standardize terms and provide better readability. One area highlighted is expansion of the winter collection of yard waste from once per month in December and January, to every other week. Attachment 1 to this memorandum contains a strike-out/underline version of the revised franchise agreement to provide a complete picture of these changes. Conclusion: With the expanded resources available from a huge corporation such as WMI, good potential exists for improvements to collection efficiency and operating safety. Enthusiasm for these improvements, however, is tempered by the reduction in competition presented by WMI's acquisition of FWD, and by the WMI's operating history elsewhere in the country and with other jurisdictions in this region. Staff believe that revisions to the franchise agreement will work to ensure that the City's rat, payers continue to receive high-quality service ~ithout facing a near-term rate increase. The agreement will also help to protect the interests of the City at large as the process begins in the coming months to solicit a successor to this franchise FEDRAC Memorandum April 23, 1999 Page -3 (which expires at the end of 2001). With these improvements in place, staff is able to concur with this proposed transfer in ownership. Recommendation for Committee: 1. Approve sale of Federal Way Disposal to Washington Waste Hauling & Recycling, conditioned on WWH&R's execution of an amended franchise agreement. Direct staff to prepare the appropriate ordinance adopting franchise agreement changes, subject to WMI's execution of the amended franchise agreement. Forward this item to the May 18, 1999 City Council meeting agenda with a Y recommendation for adoption of the appropriate ordinance. Attachments: 1. Amended Solid Waste and Recycling Franchise Agreement APPROVAL OF COMMITTEE REPORT: Committee Chair: Mary Gates Committee Member: Linda Kochrnar Committee Member: Jeanne Burbidge K:LoUB WORKWWD-SALE.S WR ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CONSENTING TO THE SALE OF FEDERAL WAY DISPOSAL CO., INC. AND AMENDING THE CITY OF FEDERAL WAY FRANCHISE FOR SOLID WASTE AND RECYCLING COLLECTION, AND SETTING RATES FOR SOLID WASTE AND RECYCLING COLLECTION AND DISPOSAL SERVICE (AMENDS ORDINANCE NOS. 94-221, 95-236, AND 98-321). WHEREAS, Federal Way City Code CFWCC") Section 12-52 provides that garbage collection shall be made by garbage and refuse collection companies as authorized by the WUTC pursuant to RCW ch. 81.77 and under franchise with the city for such collectic~n; and WHEREAS, garbage and recycling collection within the City of Federal Way is currently provided by Federal Way Disposal Co., Inc., under the City of Federal Way Franchise for Solid Waste and Recycling Collection dated March 16, 1993; and WHEREAS, Section 12 of said Franchise provides that neither the franchise nor any interest in the rights or responsibilities of the franchisee shall be sold, assigned, transferred or sublet either voluntarily or involuntarily without the prior written consent of the City, nor shall any interest in the franchisee's business affected by the Franchise be sold without such consent having been given; and WHEREAS, on October 28, 1998, Federal Way Disposal Co., Inc. formally notified the City that Waste Management, Inc. had entered into an agreement to acquire control of Federal Way Disposal, and requested that the City of Federal Way approve such acquisition; and ORD # , PAGE 1 WHEREAS, the Stock Purchase and Sale Agreement between Federal Way Disposal Co., Inc. and USA Waste of Washington, a wholly-owned subsidiary of Waste Management, Inc., provides that the transaction shall not close until all governmental authorities whose consent is required have consented to the sale of Federal Way Disposal Co., Inc.; and WHEREAS, USA Waste of Washington, Inc. has merged with and is now known as Washington Waste Hauling & Recycling, Inc.; and WHEREAS, City of Federal Way staff have reviewed the proposed transaction and the operating history and practices of USA Waste of Washington, Washington Waste Hauling & Recycling, Inc. and Waste Management, Inc., and have provided the results of said review to the City Council; and WHEREAS, the City Council desires to consent to the proposed sale of Federal Way Disposal Co., Inc., provided that such consent is conditioned upon necessary amendments to the Franchise to protect the City of Federal Way and the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council hereby makes the following findings of fact: A. Federal Way Disposal Co., Inc. shows a loss on paper which is reflective of the way the company's shareholder assets are currently managed, rather than the revenue and operating costs necessary to operate the franchise. Waste Management's financial records also show a loss due to its recent expansion (the 1998 merger of the first- and third-ranked national hauling companies). These two factors could lead Washington Waste Hauling & Recycling to ORD # , PAGE 2 increase rates, to pay for merger and acquisition costs or cover any "paper" losses incurred by Federal Way Disposal Co., Inc. To protect the City of Federal Way and its ratepayers against this possibility, current solid waste collection rates must be frozen through the existing term of this franchise, except for "pass throughs" of disposal increases by King County, or disposal cost decreases that may result from direction of tonnage to facilities owned by entities other than the County. B. Waste Management Inc. and/or its subsidiaries have been involved in extensive including litigation concerning disposal practices. Waste the Pacific Northwest, however, presently possesses a comparatively clean legal record. To protect the City of Federal Way against the potential for litigation of the type that has arisen elsewhere in the country, several changes to the existing Franchise are necessary, including: 1. a provision specifically requiring the franchisee to comply with all laws in performing its obligations, and providing the City the ability to terminate the franchise if the franchisee fails to comply with any laws material to the franchise; and 2. detailed "Liquidated Damages" provisions to penalize failure to perform key obligations under the franchise; and C. Waste Management and/or its subsidiaries have been involved in disputes concerning transfer of franchises to and/or from Waste Management and/or its subsidiaries. To protect the City in the event of such disputes in the future, revision of the Franchise provision concerning assignment and transfers are necessary. ORD # , PAGE 3 litigation throughout the country, Management Inc. subsidiaries in Section 2. Consent to Sale of Federal Way Disposal Co., Inc. The City of Federal Way hereby conditionally consents to the sale of Federal Way Disposal Co., Inc., to Washington Waste Hauling & Recycling, Inc., via the Stock Purchase and Sale Agreement Among USA Waste of Washington and Bruce Leven dated October 29, 1998. The City of Federal Way's consent is conditioned upon Washington Waste Hauling & Recycling, Inc. 's agreement to and execution of an amended City of Federal Way Franchise for Solid Waste and Recycling Collection, in the form attached hereto as Exhibit A. Failure of Washington Waste Hauling & Recycling, Inc. to execute the amended Franchise in the form attached as Exhibit A within fifteen (15) days of the date of this Ordinance shall render the cOnsent given in this section null and void without further action by the City of Federal Way or its City Council. Section 3. Amendment of Franchise. The City of Federal Way Franchise for Solid Waste and Recycling Collection dated March 16, 1993 and amended by Ordinance Nos. 94-221, 95-236, and 98-321, is hereby amended as set forth in Exhibit A attached hereto. The City Manager is authorized to execute the amended Franchise following receipt of the amended Franchise executed by Washington Waste Hauling & Recycling, Inc. Section 4. Rates for Service. The rates for solid waste and recycling collection and disposal service shall be as set forth in Section 34 of the Franchise, as amended in Section 3 of this Ordinance above. 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 ORD # , PAGE 4 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: (1) execution of the Franchise for Solid Waste and Recycling Collection attached hereto as Exhibit A; and (2) passage and publication of this ordinance, as provided by law. PASSED by the City Council of the City of Federal Way this day of June, 1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ 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:\ORIglN\SWCOnSen. sal ORD # , PAGE 5 DRAFT CITY OF FEDERAL WAY FRANCHISE FOR SOLID WASTE AND RECYCLING COLLECTION DRAFT 5/7/99 5007932304 DRAFT TABLE OF CONTENTS Page 1. Waiver ..................................................................................................................................... 2 2. Definitions ............................................................................................................................... 2 3. Scope of Work ........................................................................................................................ 7 4. Exclusive Right and Anti-Scavenging .................................................................................... 9 5. Duration of Franchise ............................................................................................................. 9 6. Recyclable Mate6ats Materialss Designated .......................................................................... 9 7. Yard Waste Collection ............................................................................................................ 9 8. Collection Requirements ....................................................................................................... 10 9. Company Name .................................................................................................................... 14 10. Annexation ............................................................................................................................ 14 11. Billing Service ...................................................................................................................... 15 12. Assignment ........................................................................................................................... 15 13. Processing Requirements ...................................................................................................... 15 14. Transportation and Marketing Requirements ....................................................................... 15 15. Publicity and Public Education Requirements ...................................................................... 16 16. Reporting Requirements ....................................................................................................... 16 A. Monthly Project Reports .............................................................................................. 16 B. Quarterly Project Status Reports .................................................................................. 17 C. Annual Reports ............................................................................................................. 18 D. Ad Hoc Reports ............................................................................................................ 19 E. Additional Information ................................................................................................. 19 F. Books, Records, and Audits ......................................................................................... 19 17. Performance Bond ................................................................................................................ 19 18. Personnel Practices ............................................................................................................... 20 A. Non-Discrimination ...................................................................................................... 20 B. OSHA/WISHA ............................................................................................................. 20 C. Training ........................................................................................................................ 21 D. Prevailing Wage or Collective Bargaining Agreement ................................................ 21 E. Franchisee's Personnel ................................................................................................. 21 19. Franchise Administration ...................................................................................................... 22 20. Insurance ............................................................................................................................... 23 A. General Requirements .................................................................................................. 23 B. Coverage ....................................................................................................................... 23 C. Minimum Limits ........................................................................................................... 24 D. Required Endorsements ................................................................................................ 24 E. Standard Limits ............................................................................................................ 25 F. Endorsement for Additional Insured ............................................................................ 25 G. ACORD Form .............................................................................................................. 26 H. Workers' Compensation ............................................................................................... 26 I. Compliance Required ................................................................................................... 26 (i) 50079323 04 DRAFT 21. Assignment, Sub-Franchising, Delegation of Duties ....................................................... 26 2-3 A A o~~-~ '~A 22. Failure to Perform Franchise Obligations ............................................................................. 29 A. Liquidated Damages ..................................................................................................... 29 B. Bankruptcy ................................................................................................................... 30 C. Laws to Govern Venue, Attorney Fees ........................................................................ 31 D. Failure to Perform ........................................................................................................ 31 E. Enforcement of Agreement .......................................................................................... 31 F. Right to Require Performance ...................................................................................... 32 G. Illegal Provisions .......................................................................................................... 32 H. Force Majeure ............................................................................................................... 32 23. Taxes ..................................................................................................................................... 32 ?.4. Hold Harmless and Indemnity .............................................................................................. 32 25. Complaints ............................................................................................................................ 33 26. Litter ...................................................................................................................................... 33 27. Hazardous Waste Notification .............................................................................................. 33 ..~.°~ A~r~ua~. . r>~,~..~... ~...~ ~r~r;cr'' _ ..... ~. ~ 28 .......................................................................... Reserved 33 29. Management Performance Requirements ............................................................................. 33 A. Franchisee's Responsibilities ....................................................................................... 33 B. City's Responsibilities .................................................................................................. 35 30. Modification .......................................................................................................................... 36 31. Effective Date ....................................................................................................................... 36 32. Damage to Property .............................................................................................................. 36 33. Payment of Claims ................................................................................................................ 36 34. Rates ...................................................................................................................................... 36 35. Service to New Customers .................................................................................................... 37 36. City Owned Property and Buildings ..................................................................................... 37 37. Severability ........................................................................................................................... 38 38. Capital Expenditures ............................................................................................................. 38 39. Transition to Next Contractor ............................................................................................... 39 (ii) 50079323 04 CITY OF FEDERAL WAY FRANCHISE FOR SOLID WASTE AND RECYCLING COLLECTION The City of Federal Way, Washington, a Washington municipal corporation (hereinafter "City"), grants to r~a~.~..,~.,.~. ~;~.,,. ~., ...r~:.,,v..,,,..~ c,.~.,...v....~, Inc..Washington Waste Hauling & Recycling, Inc., a Waste Management company, a corporation qualified to do business in Washington (hereinafter "Franchisee"), a Franchise for Solid Waste and Recycling Collection ("Franchise") as set out more fully herein, which the Franchisee hereby accepts. The parties agree as follows: A_.~. Recitals: WHEREAS, the City of Federal Way incorporated on February 28, 1990; and nru~:o~:,, ,-~,,~,^,~,,e ~,~,,,,~ Franckigee A.1 The Federal Way Disposal Company ("Federal Way Disposal") had a franchise through the Washington Utilities and Transportation Commission ("W.U.T.C.") for the collection of solid-waste Solid Waste for a major portion of what is now the City; and WHEP~AS, A.2 State law requires that any W.U.T.C. franchise for gelid waste Solid Waste and recycling collection existing at the time of incorporation continue for a period of five years; and xxrur:or:....~.~.^.oe, .t.~_.~ r,a..~..., ~o..~o'~:'~° ,^.~ grm~t, A.3 The City granted and Franchisee ~eg;.res te cbt^in obtained, a municipal franchise for the provision of solid-waste Solid Waste and recycling collection; and xxrut:o~:.....~..~.ne.~., it A.4 _It is in the best interest for the public health, safety and welfare that the City grant a franchise for the provision of these services; and ;, ,~ ..... ;,, xxr ~ T r, c,.~,,~t.;~ m.5 Federal Way Disposal waived any rights it had under RCW 35.02.160 and RCW 35A.14.900 or otherwise related to Solid Waste collection in the City as consideration for entering into this Franchise and agreed to hold the City harmless for any actions, damages, or liabilities that may arise as a result of waiving t~e W.U,T.C. fr'~nc~ise such rights and entering into this municipal franchise; NOW, THEREFOP~, A.6 Franchisee acquired the assets of Federal Way Disposal and desired to assume the rights and obligations of Federal Way Disposal under its franchise with the City. as fa!!z-.vg: A.7 The City agreed to assign the franchise held by Federal Way Disposal to the Franchisee on the terms and conditions set forth herein. This is a continuation of the -1- 50079323 04 franchise held by Federal Way Disposal with certain modifications deemed necessary_ by the Ci. ty related to the assignment to the Franchisee. A.8 The Franchisee represents and warrants that it has the authority to enter into this Franchise and that this Franchise has been duly authorized by proper action of the Franchisee. 1. Waiver. The Franchisee hereby waives any rights it may have to participate in the ongoing W.U.T.C. franchise as consideration for entering into this Franchise and agrees to hold the City harmless for any actions, damages, or liabilities that may arise as a result of waiving the W.U.T.C. franchise and entering into this municipal fran,ehise Franchise which constitutes the franchise required under RCW 35.02.160 with respect to City boundaries as of Februaw 2_8, 1990 and the franchise required under RCW 35.13.280 and 35A. 14.900 with respect to areas annexed to the City after February 28, 1990 and served by the Franchisee pursuant to this Franchise. 2. Definitions. As used in this Franchise the following definitions apply: A. "Collection Company" means the persons, firms or corporations or combination thereof certified by the Washington Utilities and Transportation Commission ("W.U.T.C.") pursuant to chapter 81.77 RCW to engage in the business of operating as both a gar4mge Garbage and refuse collection company, including an authorized franchisee for the collection of recyclable materials under this Chapter in areas including all or part of the City. Bo "Commercial Customer" shall mean a non-residential, non-industrial customer. C. "Commingled Recyclable Materials" shall include at a minimum: uncontaminated paper items including: cardboard, mixed water paper, newspaper, and magazines; and containers including: HDPE and PET labeled plastic bottles, and steel and aluminum cans, provided that such containers are empty of their original contents, clean and did not originally contain hazardous substances. Service provider may accept additional recyclable materials not on this list at their sole discretion. D. "Detachable Container" means any g-ar4mge Garbage or recycling receptacles compatible with the Franchisee's equipment that is not a mini-can, standard g, ar-bage Garbage can, gadoago Garbage unit, or mobile toter. Drop boxes are considered detachable containers. Detachable containers are generally provided by Federal Way Disposal, but may be owned by customers at the customer's request and with the Franchisee's approval. E. "Director" means the Director of the Public Works Department. F. "Eligible Household" shall mean a residence containing not more than four (4) dwelling units and in which each unit receives single-family residential service. -2- 50079323 04 G. "Environmental Damage" as the term used in this ohapt~ Franchise shall include but not be limited to damages, costs, claims and liabilities for alleged injury, harm or degradation to the air, soils, surface water or ground water, damages, costs, claims and liabilities for personal injury or property damages (including diminution or destruction of property values) arising from any such alleged injury, harm or degradation. This term shall also include any investigative, response or remedial costs or liabilities that may be incurred or imposed under CERCLA, 42 USC §9601 et seq.; RCRA, 42 USC §6902 et seq.; the State Water Pollution Control Act, P. CW chapter 90.48 RCW; the Washington Clean Air Act, P. CW chapter 70.94 RCW; the State Hazardous Management Act, P. CW chapter 70.105 RCW; the State Hazardous Waste Fee Act, P. CW chapter 70.105A RCW; and other Federal or State environmental laws: ........ ..... t, ............ .~ ...... ' rt, ......... ~, ......... gove:.,:ng ,s.~ .... operation of ~o!id ,,vasl~gacJ4iO~s or that is related to Hazardous Waste. H. "Extra Unit" is defined as gar-ba~ Garbage set out in addition to the amount of service subscribed to by the customer, such as large items as flocked Christmas trees -~-~ Garbage receptacles, etc. Each extra unit and ~'~'"~ Garbage in boxes, cartons, bags, e,~----e,-~ is from one to 32 gallons and shall not exceed 32 gallons, 4 cubic feet or 65 lbs. (including contents). An extra unit charge shall be levied when an extra unit is set out by a customer and collected by the Franchisee. I. "Franchisee Retainage" means the amount of the monthly rate per account that shall be retained by the Franchisee from actual cash collections in consideration for the cost of service. J. "Garbage" means all accumulation of refuse, swill, and other so!;.d waste Solid Waste matter not intended for recycling or reuse and discarded as of no further value to the owner. 1. "Refuse" means waste matter discarded as of no further value, including broken concrete, plaster, brick, other building materials, building waste, fire refuse and waste, ashes, cinders, clinkers, broken-up household furnishings and equipment, discarded hot- water tanks, bottles, barrels, cartons, and scraps of wooden crates and boxes; but shall exclude large trees, earth, sand, gravel, rock, automobile bodies, and large auto parts. 2. "Swill" means all accumulations of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, dealing in or storing of meat, fish, fowl, fruit, and vegetables. 3. The term "Garbage" excludes recyclable materials intended for recycling under this Chapter, gar-d-waste Yard Waste, manure, sewage and sewage sludge, dead animals over fifteen (15) pounds, and cleanings from public and private catch basins, wash racks or sumps and Hazardous Waste. Collection and disposal of matter excluded from the term "Garbage" shall be as otherwise provided by law. -3- 50079323 04 K. "Garbage Receptacle" includes detachable containers, mini-cans, standard ,~-bage Garbage can, garbage Garbage unit and/or mobile toters. L. "Garbage Units" means secure and tight bundles, none of which shall exceed three (3) feet in the longest dimension and shall not exceed sixty-five (65) pounds in weight. Garbage units may also mean small discarded boxes, barrels or bags, or securely tight cartons or other receptacles not intended for recycling under this Chapter and able to be reasonably handled and loaded by one person unto a collection vehicle. M_. "Hazardous Waste" means any waste, material or substance (other than household hazardous wastes as defined under WAC 173-315-020), that is: 1_:. defined as hazardous by 40C.F.R. Part261 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA' defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 '.CW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW; or 3_:. certain waste that after the effective date of this Franchise comes within the scope of (1) or (2)of this definition as determined by a governmental entity with jurisdiction. Notwithstanding the foregoing, any waste that after the effective date of this Franchise ceases to be included in (1) or (2) of this definition as determined by a governmental entity with jurisdiction shall not be deemed Hazardous Waste. N._ "Industrial Customer" shall mean any commercial customer for municipal sothi-waste Solid Waste collection services in the City generating in excess of one hundred seventy-five (175) tons of municipal solid-waste Solid Waste per week on an on-going basis. N O. "Industrial Waste" shall mean and include waste generated as a by-product of manufacturing operations, usually consisting of large quantities of paper, cardboard, metal, plastic, scrap lumber and dunnage, and other materials incidental to and connected with manufacturing process and not otherwise included in the definition of "Garbage", "Hazardous", or "Special Waste", as described herein. -4- 5007932304 O P. "Mini-Can" shall mean a ten or twenty gallon can used for the collection of residential~,~"n~'n"~,~.~,~ Garbage by the Franchisee. These cans shall be provided by the Franchisee and shall remain the property of the Franchisee. They are provided and assigned to residences for the health, safety, convenience and general welfare of the occupants. ia O. "Mobile Toter" means a moveable receptacle which holds sixty (60) to (90) gallons at a maximum of two hundred (200) pounds of gar-ba~ Garbage, and a hinge type and lid with tight fit, thick-skinned, one-piece balanced weight body which sits on tires, which will be picked up at curbside with hydraulic equipment. These toters shall be provided to customers subscribing to toter service by the Franchisee and shall remain the property of the Franchisee. They are provided and assigned for the health, safety, convenience and general welfare of the customers. more dwelling units. "Multiple-Family Complex" shall mean a structure containing five (5) or R:S. "Multi-family Customer" shall mean residences containing five (5) or more dwelling units not selecting single family residential service for each unit. $ T. "Payments to the City" means the amount of the rate per account less the ~-~nck;.se Franchise retainage amount that shall be paid to the City within thirty (30) days from the billing of customer accounts. :1: U. "Person" means every person, firm, partnership, association, institution, or corporation in the City of Federal Way accumulating $ar-ba~ Garbage requiring disposal or generating, accumulating, and collecting recyclable materials. The term shall also mean the occupation and/or the owner or any premises for which service herein mentioned is rendered. bt V. "Recycling Receptacle" includes the following: 1) designated bins, mobile toters or detachable containers in which recyclable materials can be stored and later placed at curbside, alley side or other location designated by the Director or the Franchisee with the concurrence of the Director. 2) designated commercial detachable containers and compactors at locations as may be specified by the Director or 3) any bag, box or containment unit set out by the customer that is clearly identifiable to collection personnel by means of a label or sign, as containing r-eeyetabt~ Rec¥clable Materials, which must also be collected by collection personnel when ~ Recyclable Materials are collected, except when such containment units exceed sixty-five (65) pounds in weight. ¥__W- "Recyclable Materials" means waste materials generated in the City of Federal Way capab-"le of reuse from a waste stream as designated by the Director, including but not limited to sorted or unsorted newsprint, glass, aluminum, ferrous and non-ferrous cans, 5007932304 -5- HDPE and PET plastic bottles (bottles are defined as having a neck) except bottles that once contained dangerous or household hazardous waste, mixed paper, magazines, and cardboard accumulated and intended for recycling or reuse and collection by the Franchisee. This term -m ~n~ ^ RCW, '"'"~ ..... · ....,~ o,.~;.~ ..... ,,~o Hazardous Waste, Yard Waste and Solid Wastes intended for disposal in a land fill, incinerator, or solid-waste Solid Waste disposal facility under WAC chapter 173-304 WAC. All recyclable materials intended for collection by the Franchisee shall remain the responsibility and ownership of participants until such materials as contained in recycling receptacles are placed out for collection by the Franchisee. Materials then become the responsibility and the property of the Collection Company or authorized contractor subject to the right of the participant to claim lost property of value. ~¢X. "Residential customer" shall include both eligible households and multiple-family customers as defined herein. X Y. "Single Family Residential Service" shall mean collection service provided by collection company to customers which are neither commercial nor industrial businesses. This service shall include separate curbside collection of source-separated recyclable materials listed in Section 3.B. of this fmm~ Franchise without extra charge. YZ. "Solid Waste" shall be as defined under WAC 173-304-100(73), and includes refuse with the exception of sludge from wastewater treatment plants and septage, from Waste. 7 "~2~l;A Xll,~o*~ T T*;1;~, "~1! from septic tanks, and also excludes Hazardous AA,. "Solid Waste Utility" shall mean that fund of the City of Federal Way managing the financial and administrative responsibility for sc!id waste Solid Waste collection and disposal and recycling. P~. BB. "Solid Waste Utility Program" shall mean the functions performed by the City associated with solid-waste Solid Waste collection and disposal and recycling. BE CC. "Special Dispatch". A pick-up requested by a resident or business at a time other than the regularly scheduled pick-up time, if applicable. If a special dispatch is required, the rates as adopted in the ordinance concerning rates adopted by the City Council will apply. CC DD. "Standard Garbage Can" means a water tight, galvanized, sheet metal, raised-bottom Containment unit or suitable plastic containment unit approximately but not exceeding 4 (four) cubic feet or thirty-two (32) gallons in capacity, weighing not over fifteen (15) pounds when empty, fitted with two sturdy handles, one on each side, and a tight cover equipped with a handle. Standard garbage Garbage cans shall be provided by residents. -6- 50079323 04 ^. ~. .... A ......... ,,, ~.., ,~.,, c,~,~ r~,~.,..,~., ^c Ecc!c. gy under chapters 70.' n~ and '~9 '95 ^ EIS. "W.U.T.C." means the Washington Utilities and Transportation Commission. F__F_F. "Yard Waste" shall include, but not be limited to: grass clippings, shrubbery, leaves, tree limbs and branches, which branches cannot exceed three (3) inches in diameter and four (4) feet in length, and excludes sod and rocks. GG. "Yard Waste Bundles" shall consist of yar4-was~ Yard Waste limbs and branches and shall not exceed any of the following maximums: four foot length; two foot diameter; or weight of sixty-five (65) pounds. 3. Scope of Work. A. The Franchisee agrees to furnish all labor, materials, facilities, services and equipment necessary and to collect, process and market all r-eeye, tabt6~ Recyclable Materials and to collect allo~..~^':A ..... ,,~.,.,*~ garbage Solid Waste, Garbage, refuse, or yimt-was~ Yard Waste (but not Hazardous Waste) accumulated within the boundaries of the City of Federal Way mhd ~. The work will be performed in accordance with all ordinances, rules and regulations of the City, in accordance with the provisions of the King County Comprehensive Solid Waste Management Plan with Addenda as adopted by the City and the Interlocal Agreement entered into between the County and the City and in accordance with the terms of this Franchise. B. The Franchisee agrees to collect, process and market all newspaper, magazines, mixed waste paper including cardboard, aluminum and tin cans, glass bottles and jars, HDPE and PET bottles (bottles are defined as having a neck), except bottles that once contained dangerous or household hazardous waste, materials and ....;~A ..... ,.,,o,~+~ Yard Waste placed on the curb by City residents for collection, all in accordance with the Federal Way Waste Reduction and Recycling Program adopted by the City and any addenda thereto. Additional matexials may be added by mutual agreement of the City and the Franchisee. In those instances when an added commodity increases Franchisee costs, the City and the Franchisee will negotiate a change in the rates. Multiple-family customers shall be eligible to receive collection of Commingled Recyclable Materials, in accordance with rates established by the City for Commingled Recyclable Materials and standard gadmg~ Garbage collection services for Multi-family customers. C. The Collection Franchisee shall provide, maintain and operate a Center which would provide the following programs: -7- 50079323 04 Buy-back Center - for those citizens who wish to take their ~ Rec¥clable Materials to a buy-back center and receive payment. The items accepted must be the same as those accepted in the curbside collection program. However, the buy-back center will only pay for those items which it determines shall receive cash reimbursement. Customers of the Franchisee who are billed directly for gar-lm~ Garbage collection shall be credited on their sc!id waste Solid Waste collection account in an amount not to exceed $1.00 per month, providing that customers submit with ~ Garbage and recycling service payments (not more than 90 days old) a receipt provided by the drop-off center. Drop Center - To collect white goods, bulky items, Yard Waste and chipping services. The City reserves the right to add or delete materials, collection items and services, and allow modification of the location of the center when mutually agreed upon between the City and Franchisee. If the Center is provided through a subfranchisee, that subfranchisee shall be subject to the same terms and conditions of this Franchise, including but not limited to bonding and insurance requirements. The Franchisee shall not assign or subfranchise any of the work or delegate any of its duties under the Franchise without the prior written approval of the Director. If the Federal Way Neighborhood Recycling Center decides not to provide the buy-back center/drop-off center services, the Franchisee will make every effort to provide such within six (6) months of the date of this Franchise. D. The program is voluntary for City residents. The City may elect to enact mandatory participation legislation. If such legislation is deemed likely to affect the Franchisee's cost, the City will renegotiate the rates and retainages. E. Curbside collection of ~ Recyclable Materials will be from eligible households. The City may elect to extend collection to other residences and will renegotiate the price with the Franchisee should it do so. F. Collection of sotid--was~ Solid Waste shall be from all single-family, multi-family dwellings, industrial and commercial units within the City. G. The Franchisee shall supply all the labor, equipment, facilities, financial guarantees, liability insurance and fees for disposal sites required to provide the service as described in this Franchise. This Agreement shall not prohibit the customary collection and sale of recyclable and reusable materials by persons or private recyclers, provided that the Franchisee has the exclusive right to collect curbside.~..j....,..~o,~'~ .... ..,,~ .... j~.~ ..... ..~o~..'~ Recyclable Materials, and Yard Waste in -8- 5O07932304 mobile toters or .....,-~'~ ..... .,.~..'~ Yard Waste bundles, provided, further, that this exclusive right shall not apply to commercial customers. 4. Exclusive Right and Anti-Scavenging. The City gives and grants to the Franchisee the exclusive right to collect, haul and transport o^~:-~ ..... * .... ~'~ Solid Waste, Garbage and refuse, and r-tw4,otald~ Rec¥clable Materials, as set forth herein and in City laws, rules and regulations, within the City of Federal Way for the term of this Franchise and in accordance with the provisions herein; provided, however, that such exclusive right shall exist only within the franchise area covered by the W.U.T.C. franchise to the Franchisee effective December 1, 1991, and shall exclude the W.U.T.C. franchise or permit held by other parties. 5. Duration of Franchise. ~ Unless terminated earlier as provided herein, the term of this Franchise shall be for a period of ten (10) years commencing on January 1, 1992, and ~ expiring after ten (10) years, December 31, 2001. The parties may agree to renew the Franchise by mutual agreement on the same or renegotiated terms and conditions. Any agreement by the parties to extend this Franchise shall be reached and reduced to writing at least nine (9) months before the termination date. 6. Recyclable Materials Designated. A. Pursuant to P, CW chapter 70.95.030 RCW, the parties designate the following materials as recyclable materials: (1) newspapers, magazines, (2) mixed paper, (3) cardboard, (4) aluminum cans, (5) glass bottles, (6) bi-metal cans, (7) HDPE plastic bottles, PET plastic bottles, (8) yard-waste Yard Waste, (9) scrap non-ferrous metals. B. Upon agreement of the parties, other materials may be administratively designated as recyclable. Items in the above list may be administratively removed or added upon agreement of the parties due to market or other variations. Should any net change materially increase or decrease the cost to the Franchisee or City, the City or Franchisee may renegotiate the rates charged to customers and retainage adjustments required to reflect such changes. 7. Yard Waste Collection. A. Deposit of .....,~..,': ..... .,,.o..,*~ Yard Waste in gadoag~ Garbage or recycling receptacles for collection by the Franchisee is prohibited. No se, lid waste Solid Waste or recyclable materials that are mixed with ~ Yard Waste will be collected by the Franchisee. In the event of a violation, written notification shall be provided to the customer at the time of scheduled collection. Yard waste will only be collected by the Franchisee if the .... '~ m Yard Waste is separate and contained in mobile toters or in bundles. B. The collection of unflocked, undecorated natural Christmas trees each day on the scheduled yard-was~ Yard Waste collection day in December following December 25th and each day on the scheduled y~rd waste Yard Waste collection day in January from all .... ~ ,,vaste Yard Waste customers shall be considered a part of yard-waste Yard Waste subscription service and shall be collected as such. 5OO79323 04 -9- C. Christmas trees not meeting the criteria set forth in (B.) and those set out on days other than scheduled yarqd-was~ Yard Waste collection days shall be considered g~bag~ Garbage, unless otherwise directed by the Director of Public Works. 8. Collection Requirements. A. Collection for recycling and gc!'2d wa:re Solid Waste shall be as follows: (i) _~.~. ......... ~u~ .... a .... a ..... '~ Garbage, Recyclable Regular ~ ~,-e,,-, ...vj ...........~ ........ Materials and Yard Waste collection by the Franchisee for business firms and commercial enterprises shall be as often as requested by the customer seven days per week, between the hours of 7:00 a.m. and 8:00 p.m., unless the City authorizes an extension of such time, pcovided that collection may occur between the hours of 6:00 a.m. and 10:00 p.m., for commercial areas not adjacent to residential areas; provided, further, that collection may occur on certain roadway corridors and areas adjacent to hotel and motel facilities as follows: (a) Collection from commercial areas which are located only along the following roadway corridors shall be allowed on a 24-hour basis. The following roadway corridors are depicted on the attached map (Attachment Map 1): 2. 3. 4. 5. 6. 7. The State Route 99 corridor; The South 320th Street corridor between Interstate 5 and State Route 99; The South 336 Street corridor from State route 99 to First Avenue; The 9th Avenue South corridor between South 336 Street and South 348th Street; The South 348th corridor between 9th Avenue South and Interstate 5; The 16th Avenue South corridor between State Route 99 and South 348th Street; and The Enchanted Parkway corridor between South 348th Street and South 356th Street. (b) Collection from commercial areas adjacent to or including hotel and motel facilities shall be conducted between the hours of 7:00 a.m. and 8:00 p.m. Franchisee agrees to immediately alter, to the satisfaction of the Director, any early morning or late night commercial collection, timing or routing which results in complaints. (ii) Regular g~4mge Garbage collection shall be made once a week and regular collection of r-t~,yelabl~ Recyclable Materials shall be made every two weeks from residences. All recyclable material shall be collected every two weeks on the same day as ,,vast~ Solid Waste collection. Regular collection of ....~,,,~'~ ..... ,,,~,~*~ Yard Waste from residences except those located in mobile-home courts shall be weekly during the months of April - - November, ~^"*~'~" and every two (2) weeks during the months of December ~a Janua~', .... j .... ~.~ ............ a, .............. o Janua~_, February and March. During periods of weekly, semi-monthly or monthly yard pickup, collection shall be made on the same day per week as regular~,,~."~'r'~'~..,~a,,. Garbage collection. All residential collections shall be scheduled to be collected between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. -10- 5~79323~ (iii) For special dispatch requests made by residents or businesses at times other than the times and/or days listed in the above two paragraphs, the Franchisee is authorized to issue a special dispatch for the collection of this material, if between 7:00 a.m. and 8:00 p.m. or if an emergency or if approved by the Director. The rate to be charged for this service is contained in the ordinance concerning rates as adopted by the City Council. The Franchisee shall show, on a map furnished by the City, the routes of Solid Waste and recyclable material collection for each area or sector of the City, and the day of the week sz!:.~ ..... '~ ~ ...... ~'~'~ Solid Waste and recyclable materials shall be collected from each area or route. This map shall be provided to the City one month prior to the first day of collection and semiannually thereafter. B. Subject to terms and conditions of this agreement and City regulations, the Franchisee is solely responsible for all costs of removal, marketing, and disposal of ~ .... a ..... ~ Solid Waste, Yard Waste and recyclable materials placed out for collection by program participants. C. The Franchisee may change the collection day by giving notice to the Director a minimum of sixty (60) days in advance and the affected customers at least seven (7) calendar days prior to the effective date of such change. The form of the notice to the customers shall be subject to approval by the City. When a legal holiday falls during the week and the Franchisee does not work on such holiday, Saturday collections will be permitted. D. If the Franchisee refuses to collect contaminated or inadequately prepared ...... ~'~ ........'~ ..... *~ Rec¥clable Materials or Yard Waste consistent with the terms of this Agreement, the Franchisee shall notify residents on their collection day of any refusal to collect the material. The reason for non-collection and suggested remedies shall be noted by Franchisee on a written notice left with the material. After the third incident of denying collection, the Franchisee shall notify the City of the address where the material is not collected. Eo of the Agreement. Collection of sotid-was~ Solid Waste materials shall begin upon execution F. Residents shall use ~tr-bag~ Garbage and recycling receptacles authorized and approved by the City and the Franchisee. The Franchisee shall provide each eligible City dwelling or business with the appropriate mini-can, mobile toter, detachable container and/or recyclable receptacle as designated in City ordinances and rules and regulations two weeks prior to the first day of collection. The Franchisee, without expense to the City or the residence or business, within twenty-four (24) hours (excluding Saturdays, Sundays and holidays) of notice, shall replace g, ar-Joage Garbage and recycling receptacles provided by the Franchisee taken or damaged by the Franchisee or damaged due to normal wear and tear. G. When weather conditions are such that the Federal Way School District closes the schools, the Franchisee shall have the option to make collection on the next regularly -11- 50079323 04 scheduled collection day. When services resume, the Franchisee shall take all bags, boxes and other secure wrappers and shall empty temporary containment units that customers have used when regular garbage Garbage and recycling receptacles have been filled. All holiday and other policies shall be included in the technical information sheet that will be provided to all participants by the Franchisee at no cost to the City. At the time of each event, the Franchisee shall release notices to the local newspapers and radio stations, notifying residents and businesses of the modification to the collection schedule. H. If the Franchisee fails to collect the customers' ~ ..... ~k~ ...... ~:~ ..... ,~ Recyclable Materials or Solid Waste during a regular collection for other than reasons noted in either of the above paragraphs D or G, the Franchisee shall collect the materials within twenty- four (24) hours after an oral make-up order is given; which collection shall include excess accumulation during the interval between the regularly scheduled collection and the special collection. Make-up collection may be required on Saturdays, as well as weekdays. I. Collection vehicles shall be painted in a color or colors subject to the approval of the Director, which approval shall not be unreasonably withheld, and shall have painted in letters in a contrasting color at least three (3) inches high on each side of each vehicle the number of the vehicle. Aside from the program logo and hot line number, no advertising shall be permitted other than the Franchisee's name. All vehicles shall be kept in a clean and sanitary condition. Vehicles used in collection shall comply with State vehicle codes and City truck route ordinances. Unless an approved replacement or substitute is provided, all vehicles, facilities, equipment and property identified in the Franchisee's inventory for use in the performance of this Franchise, called "Such Property", shall be available for use in collecting sz!':d waste, yarA ..... ~ n~.~ ...... ~n~.~o Solid Waste, Yard Waste and Recyclable Materials in the City for the duration of this Franchise; when provided this section applies to the replacement and substitute. A list of Such Property is attached hereto as Exhibit "A"and incorporated herein by this reference. J. The number and size of collection equipment shall be of sufficient capacity to service all dwellings and businesses within a one week period. K. Any document entered into after the date of this Franchise (including a lease to or by the Franchisee; a financing franchise; an acquisition over time; a mortgage or other instrument establishing a security interest) that encumbers or limits the Franchisee's interest in such property, where such encumbrance exceeds Fifty Thousand and no/100 Dollars ($50,000.00) in value, shall be subject to prior approval by the Director, and shall: Allow at the City's sole option, the City or the surety on the Franchisee's performance bond, to take over the Franchisee's obligations and to continue the use of the equipment and service for performance of the Franchise during its remaining life; and -12- 50079323 04 In the event the Franchisee is in default, allow the City or the surety on the Franchisee's performance bond, at the City's sole option, to lease or sub-lease all or a portion of such property and use the same for a period of up to six months following the date of the declaration of default by the Director, to provide such collection services on the condition that the City pays to the City's lessor a market rental for the equipment or property actually used in an amount no greater than the monthly lease in event of a lease, the installment payment in event of a purchase Franchise, or the monthly interest and principal in the event of a financing arrangement. In the event of a default, all equipment, books, routes, etc., will be made available to the City immediately in order to continue to provide collection services at no cost to the City - until such time that a new Franchisee is hired. ge Exempt the City from liability during its usage of the property for balloon payments, accrued interest, accelerated charges on account of a default, or other extraordinary payments; nor make satisfaction thereof a condition of the City's interim usage; and Forbid any foreclosure, trustee's sale, or other dispossession of the Franchisee's interest without giving both the City and surety on the Franchisee's performance bond, sixty (60) days prior notice and then make any termination of the Franchisee's possessor interest pursuant to such document or the enforcement thereof, subject to the requirements of subsections 1, 2 and 3 of this section. L. In the event of default, the Franchisee shall allow the City to use such property, at no cost to the City, in order to continue collection services with the Franchise service area for a period of up to six months. M. After the effective date of this Franchise, the Franchisee shall submit to the Director for review and approval: All franchises, leases or other documents encumbering or limiting the Franchisee's interest in such property; All franchises, leases or other documents for acquisition or lease of replacement or substitute equipment or facilities for such property; and o Any proposed agreement that would encumber or transfer any interest of the Franchisee in such property before the Franchisee's execution of such agreement. -13- 50079323 ~4 No franchise shall be granted without the Director's prior approval of the documents identified in subsection M.; and no transactions identified in subsections M.(2) and M.(3) shall take effect without the Director's approval. The Director's approval shall not be unreasonably withheld. The Director's review shall be limited to assure compliance with requirements of these sections K., L. and M. N. The Franchisee shall provide sufficient trained personnel to set up and maintain the se,!'2fi waste Solid Waste and recycling programs so that introduction and operation proceed smoothly, without interruption or delay, according to the agreed schedule for delivery of gar-ba~ Garbage and recycling receptacles and collection pick-ups as specified in this Franchise. O. The Franchisee shall provide proper safety equipment, training and insurance for vehicles and workers. P. The Franchisee shall provide adequate management systems assuring that collection, processing, billing, customer service, marketing, and disposal are performed satisfactorily. Q. The Franchisee shall provide for semi-annual cleanup in the spring and fall of each year to allow for cleanup of gar-ba~ Garbage in public rights-of-ways and/or on public lands, if requested by the Director. R. The Franchisee shall use all reasonable efforts to ensure that it does not collect Hazardous Waste. Under no circumstances shall the Franchisee or employees or agents collect or deliver to King Coun_ty or other disposal sites any Hazardous Waste. Where Franchisee or its employees or agents knew or in the exercise of all reasonable efforts, should have known that materials Franchisee had collected or delivered contained Hazardous Waste, the Franchisee shall be liable for any damages, including costs and attorneys fees, incurred by the City due to the violation of this section. Termination of the City's agreement with the County, or the expiration or earlier termination of this Franchise, shall not terminate the Franchisee's liability to the City for violation of this section. Franchisee shall comply with the requirements of applicable City ordinances. 9. Company Name. The Franchisee shall not use a firm name containing the word "City", or any other words implying municipal ownership. 10. Annexation. The service area set forth herein shall be extended to include any area annexed to the City in accordance with RCW Title 35.13.280. Yard Waste and Recycling collection services shall be extended to include any annexation area upon the effective date of such annexation. -14- 50079323 04 11. Billing Service. A. The Franchisee shall bill in accordance with the ordinances, rules and regulations established by the City and Director. B. The Franchisee shall be responsible for billing participants and making payments to the City for city programs. C. All account collections shall be the responsibility of the Franchisee. The Franchisee is responsible for all delinquencies; any such delinquencies shall not affect the Franchisee's obligations to the City. 12. Assignment. Neither this Franchise nor any interest in the rights or responsibilities of the Franchisee hereunder shall be sold, assigned, transferred or sublet either voluntarily or involuntarily without the prior written consent of the City as set forth in Section 21, nor shall any interest in the Franchisee's business affected by this Franchise be sold without such consent having been given and, in either event, City approval may be conditioned that an appropriate bond must be supplied by Franchisee and/or the purchaser to cover the change in circumstances. 13. Processing Requirements. A. The Franchisee is responsible for processing all materials collected at the curb under the recycling program to a degree necessary to be marketed at reasonable prices. B. The processing center(s) shall have the capacity to receive, process and store all materials collected in one week. C. The processing center(s) shall be located in an area zoned for this type of activity and shall have in effect all necessary permits and licenses. 14. Transportation and Marketing Requirements. A. The Franchisee is responsible for transporting, disposing and/or marketing all collected materials. B. The Franchisee shall not spill or drop any materials on City, County or State roads during collection or transportation. If an accidental spill occurs, the Franchisee shall promptly clean up debris and be responsible for any costs caused as a result of the spill. C. The Franchisee is prohibited from landfill disposal of collected recyclable materials, except for normal loads of contamination not to exceed one percent (1%) of the total tons collected per truck, unless approved by the City. Violation of this Franchise provision may be cause for termination of this Franchise. -15- 50079323 04 In disposing of contaminated material, the Franchisee shall comply with all Federal, State and City laws and regulations. No hazardous materials shall be disposed of in landfills. 15. Publicity and Public Education Requirements. At a minimum, the publicity and public education component shall be required as is set forth in the Federal Way Waste Reduction and Recycling Program. The City shall be fully responsible for City sponsored event publicity and related materials and for all general public relations efforts. The Franchisee shall be fully responsible for publicity and related materials associated with collection and disposal operations, such as the production of calendars and collection tags. Costs for all joint publicity and public education efforts shall be capped at a $2,599 $!0,000 Franchisee contribution annual expenditure with a minimum expenditure by the Franchisee of $1,000 and shall be shared equally by the Franchisee and the City. ~ This shall include the mutual preparation of press releases, press alerts, press kits, public service announcements on radio and television, feature story ideas for news media, and spokesperson available at all media events, when reasonable, and shall include all joint costs, such as the cost of renting a booth at a trade show, which are in conformance with the Recycling ?rogram. All mailers that have technical information and calendars developed by the Franchisee shall be approved by the City. Also included shall be public speaking including community speaking engagements to explain the program and school programs appropriate to various age groups. It shall also include community involvement with the use of community groups such as Boy Scouts and churches, community-oriented events, speaking engagements at community groups and civic meetings, and school presentations. There should be meetings with area businesses to enlist assistance in promoting recycling through the provision of displays, inclusion of program information in advertising and similar printed material. 16. Reporting Requirements. A. Monthly Project Reports. The Franchisee shall submit monthly project reports for the length of the Franchise commencing upon final approval and effective date of the Franchise. The format of the reports shall be prescribed by the City. These reports shall be due fifteen (15) calendar days from the last day of each month. At a minimum, the reports shall include: Summaries of tonnages of material collected, by material, by type of service, ~ including the number of tons of Solid Waste, Recyclable Materials or Yard Waste collected for each class of customer and the location at which such Solid Waste, Recyclable Materials or Yard Waste were disposed or processed, as applicable. The Franchisee shall provide all of the information -16- contained in the reports previously prepared by Federal Way Disposal Company, entitled "Solid Waste Collection Enti_ty Disposal Reporting Form" and "Data Collection Spreadsheet for Handlers." Summaries of tonnages of all ~,~.4~0 ,~a u .... ,~..:n~ Recyclable Materials sold, by type,' contamination level, and class of customer. Resident participation rates for each type of service in terms of numbers of residents signed up to participate in the program and set-out counts and average pounds collected per participating household by type of service, if available, with a description of the methods used to determine these rates. _.^~.~ .......... ,~.~,4 ~.,4 u .... ,u ............. ~.,~a,.,~w~"'~ number customers in each class at each service level. 5. !nfo_-~_ation 5_. A log of all customer complaints and the action taken in response to each complaint. The date and location of each complaint of a failed collection and the date of the corresponding special make-up collection. 7._:. Any changes in operational availability of equipment and facilities defined as Such Property set forth as Exhibit "A"to this Franchise. This information shall be provided on data discs,-ff--~, or hard copy as requested by the City and shall be in the form approved by the Director. B. Quarterly Project Status Reports. The Franchisee shall provide quarterly project status reports. These reports will be due thirty (30) calendar days of the last day of the quarter being reported. At a minimum, the reports shall include: Quarterly and year-to-date summaries of the information requested in sub-sections A.1 through A.4 A.8 above, in enough detail to allow analysis of collection and processing efficiencies. 50O79323 04 -17- fin~cial statements meeting the requirements of Section 16.F. Discussion of public education and publicity efforts and their results, including the number of new single-family, multi-family and commercial recycling accounts. Market prices of eaqgq-ma~4al Recyclable Materials sold, by type, verified by purchase orders which shall be treated confidentially to the extent allowed by law. Summary of a minimum of a one week sampling of the number of service complaints including the general nature of the complaints and how they were resolved. Upon the City providing 30-day notice prior to the end of the quarter, a list of the names and service addresses of customers sorted in the order requested by the City 30, compatible with existing software capabilities. A list of all personnel engaged in performing the Franchisee's operations in the City during the previous quarter, including each person's name, title, and the percent of each person's time spent performing the obligations of this Franchise. Reports shall be provided both on data discs, if compatible, or hard copy, and shall be in the form approved by the Director. C. Annual Reports. The Franchisee shall provide year-end annual reports for each year the Franchise is in operation. These reports shall be due within thirty (30) days of the end of the calendar year. At a minimum, the report shall include: A summary of the detailed cost, revenue and statistical information contained in the quarterly reports displaying monthly and annual patterns to allow analysis of program operations and impact. 2. Summary of program costs and revenues. -18- 5~79323~ A discussion of public education activities and their impact on participation and recycling volumes. A discussion of all program highlights, types of problems and the measures taken to resolve the problems and increase efficiency and household participation in recycling programs. o An analysis of the current and future strength and capability of each of the product's markets. D. Ad Hoc Reports. Within thirty (30) days of the request submitted by the City, the Franchisee shall provide up to six (6) reports annually of varying detail and format, as specifically requested by the Director to meet unforeseeable and currently unforeseen informational queries, and further shall provide additional information with the monthly, quarterly and annual reports as requested by the Director. E. Additional Information. Within two (2) weeks of information requests submitted by the City, the Franchisee shall provide said information, if reasonably available. Any proposed changes made to billing postcard text or any notifications made on the billing postcards or any rate increases appearing on the billing postcards shall immediately be faxed to the City for approval. The City shall grant approvals within two (2) working days of the receipt of the information. Upon request of the City, the Franchisee will provide a complete set of daily ronte reports with service level data. These route reports shall be in addition to the maps required by Section 8.A(iii) of this Franchise. F. Books, Records, and Audits. The Franchisee shall 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 principles, 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 representatives, the State Auditor, or other government officials authorized by law to monitor this Agreement. 17. Performance Bond. At the City's sole option, the Franchisee shall provide and maintain at all times a valid Franchisee's Performance and Payment Bond or irrevocable letter of credit in an amount equal to Six Hundred Twenty-Five Thousand and no/100 Dollars ($625,000,00) in a form acceptable to the City. The bond or irrevocable letter of credit shall be issued for a period of not less than one year, and the Franchisee shall provide a new bond or irrevocable letter of credit, or evidence satisfactory to the City of its bond or irrevocable letter of credit renewability, no less than thirty -19- 50079323 04 (30) calendar days prior to the expiration of the bond or i/revocable letter of credit then in effect; provided that, Franchisee shall, as a means of limiting the City's exposure to loss in the event of default, provide the City monthly with the following: (1) a current list of all billing addresses of Federal Way customers; and (2) a data disk, the contents of which are accessible to City officials, which shows all data necessary to bill Federal Way customers for current service. The bond, or irrevocable letter of credit, shall be for the use and benefit of the City, with surety company or bonding institution authorized to do business in the State of Washington and acceptable to the City. Such a bond or irrevocable letter of credit shall be conditioned that the Franchisee shall faithfully and fully perform all of its obligations under the Franchise, and pay all laborers, mechanics, subfranchisees, materialmen and all persons who shall supply the Franchisee with provisions and supplies for carrying such work, or be forfeited, and shall indemnify the City against any loss resulting from any failure of performance by the Franchisee. Such Performance Bond, or irrevocable letter of credit, shall be an annual bond, or irrevocable letter of credit, renewable annually by certificate and shall remain in force during the term of the Franchise. Such bond, or irrevocable letter of credit, shall be submitted to, and subject to the approval of the City Attorney's Office prior to its effective date. Failure of the Franchisee to furnish and maintain said Performance and Payment Bond or Irrevocable Letter of Credit shall be considered a material breach of this Agreement and grounds for its immediate termination at the option of the City. 18. Personnel Practices. Franchise: Ao Non-Discrimination. The following provisions shall be made part of this "During the performance of this Franchise, the Franchisee agrees as follows: The Franchisee will not discriminate against any employee or applicant for employment because of race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. The Franchisee will take action to ensure that applicants are employed, and that employees are treated during employment, without regard to their creed, religion, race, color, sex, national origin, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Franchisee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Franchising officer setting forth the provisions of this non-discrimination clause." B. OSHA/WISHA. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time to time must be complied with. The Franchisee must indemnify and hold harmless the City of Federal Way from -20- all damages assessed for the Franchisee's failure to comply with the Acts and Standards issued thereunder. The Franchisee is also responsible for meeting all pertinent local, State and Federal health environmental regulations and standards applying to the operation of the collecting, processing, or disposal system. C. Training. The Franchisee shall provide operating and safety training for all personnel. Supervisory personnel shall be trained in first aid and each vehicle shall be equipped with a first aid kit. D. Prevailing Wage or Collective Bargaining Agreement. The Franchisee shall pay all collectors at that work under this Franchise not less than the prevailing rate of wage for the same trade or occupation as set by the Industrial Statistician, Department of Washington State Labor and Industries, provided that in the event that a collective bargaining agreement is in effect for collectors, the collective bargaining agreement shall prevail. "Collectors" covers drivers, swampers, and others working on routes; it excludes office workers and senior company officials. The term, "prevailing rate of wage," includes the hourly wage, usual benefits and overtime paid in the locality, as defined in RCW 39.12.010, Definitions. In the absence of a collective bargaining agreement effective for all collectors, the Franchisee's duty to pay the prevailing rate of wage is absolute and mandatory. No worker may waive full compliance or accept a lesser sum. Absent a collective bargaining agreement effective for all collectors, on a monthly basis, certified payroll records shall be submitted by the Franchisee to the City. The records shall include an affidavit of compliance with these prevailing wage provisions or, in the event of a collective bargaining agreement effective for all collectors, an affidavit of compliance with all wage terms of the collective bargaining agreement. E. Franchisee's Personnel. 1. The Franchisee shall ass:gn a. ........ person er v .............. e4:tar-g~og4~ designate and provide the services of a competent representative for the term of the Franchise who shall be located in Washington State. The Franchisee's representative shall be the Franchisee's agent and shall represent the Franchisee for all purposes of the Franchise. All directions, instructions or notices given by the City to that representative shall bind the Franchisee as if delivered to the Franchisee personally. The representative shall be in charge of the Franchisee's operations in the City at all times and shall have authority to act on behalf of the Franchisee; the representative's statements, representations, actions and commitments shall fully bind the Contractor. The Franchisee's designated representative initially shall be: Jerry_ Hardebeck 7901 - 1~L Avenue South Seattle, WA 98108 (206) 762-3416 50O79323 04 -21- The Franchisee may change its representative by giving written notice to the City; provided, however, that the City has the right to approve the Franchisee's representative, which approval shall not be unreasonably withheld. 2. All workers employed by the Franchisee shall be competent and skilled in the performance of the work to which they are assigned. Failure or delay in the performance of this Franchise due to any inability by the Franchisee, for any reason, to obtain workers of the number and skill required may be deemed by the City to constitute a default of this Franchise. 3. The Franchisee shall require its employees to be courteous at all times, to not use loud or obscene language and to do their work as quietly as possible. 4. Employees, in collecting recyclable materials and disposing of such, shall follow the regular walks for pedestrians while on private property, returning to the street or alley after replacing the empty bins. 5. Employees shall not trespass or loiter, cross property to adjoining premises, or meddle with property which does not concern them in performance of this Franchise. 6. Each employee shall, at all times, have in effect and carry a valid operator's license for the type of vehicle he or she is driving. 7. The Franchisee has the duty to remove incompetent, negligent, unfaithful, or otherwise unsatisfactory employees. 19. Franchise Administration. A. The collection and disposal of garbage, recyc!ableg ~'~ .... '~ ..... *~ Garbage, Recyclable Materials and Yard Waste shall be administered by the City of Federal Way Public Works Director or the Director's representative. The Director shall be the Franchisee's contact with the City. The Franchisee's office and customer service assistance shall be accessible with local phone numbers. Once a telephone number has been assigned, all rights to future use of the number shall vest in the City. Currently, the Franchisee's phone numbers for customer service are: 253-833-3333 and 253-939-9792. The Franchisee shall maintain an emergency telephone number to allow customers to contact the Franchisee outside of normal business hours. The Franchisee shall have a representative, or an answering service to contact such representative, available at said emergency telephone number during all hours other than normal office hours. -22- 50079323 04 20. Insurance. A. General Requirements. Subsequent to the award but prior to the execution of this Franchise, the Franchisee at its own expense shall obtain and file with the Director a Certificate of Insurance for a primary policy of commercial general liability insurance (including all of the coverages set forth below). This Certificate of Insurance shall be subject to approval by the City as to company, terms and coverages. Such liability insurance must specifically name the City of Federal Way as an additional insured thereunder and must fully protect the City from any and all claims and risks and losses in connection with any activity performed by the Franchisee by virtue of this Franchise. Such liability insurance must be maintained in full force and effect at the Franchisee's sole expense throughout the entire term of this Franchise. The City of Federal Way shall be given thirty (30) calendar days written notice by certified mail of any cancellation, reduction or modification of such insurance. However, in any event, the Franchisee must maintain the insurance as set forth herein throughout the entire term of this Franchise. B. Coverage. Said insurance policy and/or endorsement thereto, as evidenced by the Certificate of Insurance, must provide the following minimum coverages and limits and contain the following provisions: Bodily Injury. Employees as Additional Insured. Premises/Operations Liability (M&C). Owners and Franchisees Protective Liability - Products and Completed Operations Liability (through guarantee period). - Blanket Contractual Liability. - Broad Form Property Damage Liability (including completed operations). - Personal Injury, with no employee exclusion. - Stop Gap or Employers Contingent Liability. 2. 3. 4. -23- 5OO79323 O4 Co Automobile Liability, including coverage for owned, non- owned, leased or hired vehicles. Explosion, Collapse, Underground damage (often referred to as "X.C.U."). Employer's Liability (Washington Stop Gap) Insurance. Minimum Limits. 1. All coverages: $2,000,000 per occurrence, City shall approve in writing if any deductible or deductible condition is requested by the Franchisee. $2,000,000 annual aggregate. City shall approve in writing if any deductible or deductible condition is requested by the Franchisee. Provision of coverage in these stated amounts shall not be construed to relieve the Franchisee from liability in excess of such limits. D. Required Endorsements. The following language shall be in all applicable policies and on the Certificate of Insurance: "The insurance company or companies designated on the front of this Certificate certifies that the policy or policies described include the following minimum coverages and limits: Standard Coverages 1. 2. 3. 4. 5. o Bodily Injury. Employees as Additional Insured. Premises/Operations Liability (M&C). Owners and Franchisees Protective Liability. Products and Completed Operations Liability (through guarantee period). Blanket Contractual Liability. -24- 50079323 04 Fo ° Broad Form Property Damage Liability (including completed operations). 8. Personal Injury, with no employee exclusion. 9. Stop Gap or Employers Contingent Liability. 10. Automobile Liability, including coverage for owned, non-owned, leased or hired vehicles. 11. Explosion, collapse, underground damage )often referred to as "X.C.U". 12. Employer's Liability (Washington Stop Gap) Insurance. Standard Limits. $2,000,000 per occurrence. City shall approve in writing if any deductible or deductible condition is requested by the Franchisee. $2,000,000 annual aggregate. City shall approve in writing if any deductible or deductible condition is requested by the Franchisee. Endorsement for Additional Insured. 'The City of Federal Way is an additional named insured for all coverages provided by this policy of insurance and shall be fully and completely protected from all claims and risks by this policy and for any and every injury, death, damage and/or loss of any sort whatsoever, including consequential damages, sustained by any person, organization or corporation in connection with any activity performed by the Franchisee by virtue of the provisions of the Franchise between the City of Federal , r~; ..... ~ o,. ~.,~a t: .... u:~ Washington Way and v~ Wa;, ~.ov Waste Hauling & Recycling, Inc.(Franchise No. 92-13 and 92-Ba originally entered into on January 21, 1992.)' 'The coverages provided by this policy to the City or any other named insured shall not be terminated, reduced or otherwise modified in any respect without providing at least thirty (30) calendar days prior written notice by certified mail to the Director of Public Works, City of Federal Way, 33530 1st Way South, Federal Way, WA 98003.' -25- 50079323 04 'In any event, the Franchisee is liable under this applicable Franchise to ensure that full insurance coverage occurs throughout the term of the Franchise.' 'The coverages provided by this policy are primary to any insurance maintained by the City of Federal Way'." G. ACORD Form. If an "ACORD" form of Certificate of Insurance is provided to the City pursuant to this section, it must be modified in the following manner: If similar wording at top of ACORD Form: "This Certificate is issued as a matter of information only and confers no right upon the certificate holder." - Shall be deleted in its entirety. If similar wording at bottom of ACORD Form: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail __ days written notice to the Certificate Holder named within, but failure to mail such notice shall impose no obligation or liability of any kind upon the company." Shall be changed to read: "Should any of the above described policies be canceled or reduced as to coverage before the expiration date thereof, the issuing company shall mail thirty (30) calendar days prior written notice to the below named certificate holder and additional insured, the City of Federal Way, by certified mail." H. Workers' Compensation. The Franchisee agrees to comply with RCW Title 51, the Washington State Industrial Insurance Act and provide Workers' Compensation benefits for all employees. I. Compliance Required. Failure of the Franchisee to fully comply with any and all of the terms of the foregoing insurance provisions shall be considered a material breach of this Franchise and shall be cause for its immediate termination at the option of the City. 21. Assigmnent, Sub-Franchising, Delegation of Duties. The Frmnchisee shall net ~ ;. ~, ~.~ ^c *~"~"~;~ ~"~ ~y ig ( fi 1 ) by ....... Ass ~ent as that te~ is de ned beow Fr~chisee shall constitute a default ~der Section 22, ~less the City provides its prior ~inen consent to the Assignment, which consent shall not be unreasonably withheld. "Assignment"means the assignment, delegation or transfer of any of Franchisee's rights or obligations, Franchisee's corporate reorganization, change of organization, a change of control of 50% or more of the voting stock of the Franchisee, or the purchase or transfer of a substantial portion of the assets of Franchisee by or to another corporation, partnership, association, or other business organization or division thereof. -26- 50079323 04 For purposes of this Section, the reasonableness of City's consent shall be based upon whether the proposed assignee: 1) has the assets, financial strength and capability to perform under the Franchise in all respects to the City's reasonable satisfaction; 2) has an environmental compliance record reasonably satisfactory_ to the City; and 3) has a record in the Pacific Northwest Region reasonably satisfactory to the City concerning litigation, criminal complaints/violations, rate setting practices and customer services. Notwithstanding the foregoing, Franchisee may assign or transfer this Franchise to any affiliate of Franchisee or its parent corporation provided it can establish to the reasonable satisfaction of Franchisor that the affiliated assignee or transferee will operate the Franchise in substantially the same manner as Franchisee, using substantially the same officers, directors, and personnel as Franchisee, and possesses substantially the same financial capability as Franchisee to perform all of the obligations under this Franchise. -27- 50079323 04 -28- 50079323 04 22. Failure to Perform Franchise Obligations. A. Liquidated Damages. The following acts or omissions shall be considered a breach of the Franchise, ~"~'~ c..~ ,~. ......... c ...... ............ v ..... g damages "~- ..... v,.-,v ............ prcvi~icn · ~ k ..... ~..~ ,~ ~ .... ~:~ ,~ c~1 .... : ........ *~ ~ ~:~":~*~ ~ ...... fo hich the Ciw is entitled to collect the following mo~ts ~ liquidated dmages: Collection (before or after times permitted under this Franchise or City ordinances. $25 $100 per incident Failure to collect missed collections within twenty four (24) hours after make-up order is given to Franchisee provided t~i: the order is given on Monday throug-h'-'q'q'q'q'q'q'q~sday or be~re 5:00 p.m. on Friday. $1 O0 each, to a maximum of $900 per truck, per day. Collection from premises on other than day specified acee, rd:mg te in the Franchisee's schedule. $100 each unit or business. Fail'are: Failure to provide quality of performance required on a route after notification to correct performance factors such as nonreplacement of ~,n~ Garbage and recycling re ceptac l~-fi'-~s ign ated locations, spilling, not closing gates, crossing planted areas, violating traffic regulations, or similar violations. $1 O0 each, to a maximum of $900 per truck, per day Collection for disposal of Recyclable Materials or Yard Waste in clearly identified receptacles $10.00 per incident, to a maximum of $250.00 per truck, Failure to deliver receptacles to new commercial customers within seven business days $50.00 per receptacle, per day Failure to deliver receptacles to residential customers within seven days $ ! 5.00 per recept, acle~ per day Material misrepresentation by Franchisee in records or reporting $500.00 per incident -29- 50079323 04 Failure to provide information, maps, or reports required to be provided to the City in the form and by the date re uired b this Franchise $500.00 per incident Failure to maintain clean and sanitary vehicles and facilities $25.00 per vehicle, up to a maximum of $100.00 per inspection Failure to clean or replace receptacles within 24 hours of notification by the City. $25.00 per receptacle, per day Landfilling or incineration of uncontaminated Yard Waste or Recyclable Materials without the express prior written permission of the City. $1,000.00 per vehicle, per incident, no maximum Use of vehicles for non-Franchise work without prior notice to the City. $500.00 per vehicle, per incident, no maximum Rejection of Recyclable Materials without ~ documentation to the customer of the reason for rejection. $25.00 per incident The parties agree that with respect to a particular breach as an alternative to liquidated damages provided herein, the City at its sole option may pursue the remedies provided in Subsection D. Prior to collecting any liquidated damages for any specific acts or omissions, the City shall provide Franchisee ten (10) days written notice of its determination to collect such damages. Prior to the end of the ten days the Franchisee may, at its option, prepare and submit to the City an incident report concerning the matter for which liquidated damages are proposed to be assessed, and, within the same ten days, may appeal the City's determination to the Public Works Director. The Public Works Director shall review the anpeal, incident report (if any), and any other materials he or she deems relevant, and make a final determination whether to assess liquidated damages. Such decision shall be final and unappealable, and applicable liquidated damages shall be paid to the City as part of the next monthly payment made by Franchisee, or deducted from the next monthly payment made to Franchisee, at the City's sole discretion. B. Bankruptcy. It is agreed that if the Franchisee is adjudged bankrupt, either voluntarily or involuntarily, then at the City's sole option, the City may continue to provide the service with the City's own or contracted personnel pursuant to Section 8. At the option of the City the Franchisee's rights under this Agreement may be terminated effective on the day and at the time the bankruptcy petition is filed; and/or the City may take any other action, without limitation, as is necessary to protect the public health, safety or welfare. -30- 5~79323~ C. Laws to Govern Venue, Attomey Fees. This Franchise shall be governed by the laws of the State of Washington both as to interpretation and performance, and venue for any dispute shall be in Superior Court of King County. Eac~ Except as otherwise provided herein, each party shall be responsible for its own costs, expenses, and attorney fees. D. Failure to Perform. If the Franchisee shall abandon or breach this Franchise or fail to fully and promptly comply with att any of its obligations, or shall fail to give any reason satisfactory to the City for noncompliance, and fails to correct such breach within twenty (20) days after notice is given by the City, the City may declare the Franchisee to be in material default of this Franchise and n,~t:.~'(1) terminate the Franchise by notifying the Franchisee to discontinue any further service thereunder, a copy of said notice to be sent to the Franchisee and surety on its Performance Bond or holder of its Irrevocable Letter of Credit, or {2) pursue any other remedy at law or in equity, including without limitation, specific performance; the parties acknowledge that damages or liquidated damages do not provide the City with an adequate remedy for breach of this Franchise. Upon receipt of such notice, the Franchisee agrees that it will promptly discontinue the work, whereupon the surety may, at the City's sole option, and upon the City's election for the surety to perform such work by the City's notice to surety within ten (10) days written notice of the discontinuation, assume the work which the City has ordered discontinued and proceed to perform the same; at its sole cost and expense, in compliance with the terms and conditions of the Franchise, and all documents incorporated herein. Pending consideration by the City of said option to assume the work, the City may take possession of all Franchisee's equipment and vehicles and employ such force as it may deem advisable to continue the work, and the cost of all labor and materials necessary for such work shall be paid by the Franchisee in full, provided the City shall pay a monthly rental fee for the use of Franchisee's equipment and vehicles as set forth in Technical Performance Requirements Section of this Franchise. In the event that the City chooses to exercise its option to assume the work, the City may complete the work or any part thereof, either through its own work force or by Franchise, and the City shall have the right to take possession of and use the vehicles and equipment and property of every kind and nature provided by the Franchisee for the work (provided it may pay the rental for the equipment and vehicles set forth above) and to procure other vehicles, equipment and facilities necessary for the completion of the same, and to charge the same to the Franchisee and/or surety, together with all reasonable costs incidental thereto. The City shall be entitled to recover from the Franchisee and its surety as damages or act upon the Irrevocable Letter of Credit to recover all expenses incurred, including attorney fees, together with all such additional sums as may be necessary to complete the work, together with any further damages sustained or to be sustained by the City. The City may, in addition, at its option, and at the request of the Franchisee, operate the equipment of the Franchisee with the City forces in the event of a strike, work slow down or work stoppage. E. Enforcement of Agreement. The City shall be entitled to recover from Franchisee, and Franchisee agrees to pay any and all costs and expenses, together with attorney -31- 50079323 04 fees, the City may incur to enforce any of the terms, conditions and provisions of this Franchise, to be performed by the Franchisee. F. Right to Require Performance. The failure of the City at any time to require performance by the Franchisee of any provisions hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach or prior breaches of such provision or as a waiver of any provision itself. G. Illegal Provisions. If any provisions of the Franchise shall be declared illegal, void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. H. Force Majeure. Neither party shall be liable to the other for any delay in, or failure of, performance of any of its obligations hereunder, except as may be specifically provided herein, where performance of such obligations is prevented or delayed by acts of God, fire, explosion, strike, lock-out, flood, epidemic, war, riot, rebellion, legal restraints or injunctions, or other legal processes from which a party affected cannot reasonably relieve itself by security or otherwise. The failure of technology to perform shall not relieve either pa~_ of its obligations hereunder. 23. Taxes. Franchisee is solely responsible to comply with all federal, state, and local taxes, including employee benefit taxes, licensing, and registration requirements associated or arising out of the making or performance of this ~ Franchise. 24. Hold Harmless and IndemniW. A. The Franchisee shall indemnify and save harmless the City, its elected and appointed officials, employees, agents (including reimbursing the City for all costs and attorney fees) from any and all damages, claims, or demands, of any kind, on account of injury to or death of any and all persons (including but not limited to the Franchisee, its agents, employees, subfranchisees and their successors and assigns as well as the City and the City's employees, elected and appointed officials and agents, and all third parties), and/or on account of all property damage of any kind, whether tangible or intangible, including loss of use resulting therefrom, in connection with the work performed under this Franchise, or caused or occasioned in whole or in part by reason of the presence of the Franchisee or its subfranchisees, or their property, employees or agents, upon or in proximity to the property of the City, except only for those losses resulting solely from the negligence of the City. B. This indemnification agreement includes the promise that the Franchisee shall indemnify and save harmless the City, its elected and appointed officials, employees and agents (including reimbursing the City for all costs and attorney fees) from any and all damages, claims or demands of any kind on any account of a violation of City, County, State or Federal laws relating to environmental health Environmental Damage except only for a loss resulting from the sole negligence of the City. -32- 5~79323~ C. The Franchisee hereby expressly agrees that any immunity that may be granted to the Franchisee under the Washington State Industrial Insurance Act, Title 51 RCW, as amended or recodified, shall not be construed by the Franchisee as a release from its obligation to indemnify the City under this section. The parties do not under this section waive or surrender any indemnity available under any applicable federal, regional, state or local law. The provisions of this Section shall survive termination or expiration of the Franchise. D. The provisions of these paragraphs shall survive the expiration or termination of this Franchise with respect to any event occurring prior to such expiration or termination. 25. Complaints. All complaints shall be investigated by the Franchisee within twenty-four (24) hours. The Franchisee shall upon request supply the City with copies of all complaints on a form approved by the City and indicate the disposition of each. Such records shall be available for City inspection at all times during business hours. The forms shall indicate the day and the hour on which the complaint was received and the day and the hour on which it was investigated. When a complaint is received on a day preceding a holiday or a weekend, it shall be investigated on the next working day. Missed collections shall be collected within one (1) working day after notification to the Franchisee by the customer or the City. 26. Litter. Extra care shall be taken in the loading and transportation of all ..~.~/.~.......~.,~-~ ...... j.....~ ..... ....o..~,~ Recyclable_ Materials, Yard Waste, refuse, gar-lmg~ Garbage or other waste so that none of the material to be collected is left either on private property or in the streets or alleys. Anyo......~:'~ ........... ...~..~, ,,..~..'~ ..... ..,~,.~*~ Solid Waste, Yard Waste, or recyclable materials left on private property or on streets or alleys by the Franchisee shall be cleaned upon notice by the customer, the Director, or his or her designee. 27. Hazardous Waste Notification. The Franchisee shall provide customers with necessary information about hazardous waste collection opportunities, complaint procedures, rates, regulations, days of s¢!:.~ waste Solid Waste collection and other pertinent information. The Franchisee shall cooperate with the City to provide publicity and notification on City programs. Solid or hazardous waste left purposely by the Franchisee must be tagged to indicate why it was not picked up. 28. Reserved. 29. Management Performance Requirements. A. Franchisee's Responsibilities. Collection, processing and marketing the recyclable materials as specified in the Federal Way ordinances, resolutions and rules and regulations and the Federal Way Waste Reduction and Recycling Program. 50079323 04 -33- o o 10. 11. 12. Collection and disposal of all sotid-was~ Solid Waste and g, ar-bag~ Garbage as specified in the applicable ordinances, resolutions, and rules and regulations of the City; including, without limitation, disposal of Garbage and Solid Waste at a disposal facility designated by the City. Procurement of all equipment and assumption of all start-up, operating and maintenance costs for collection, processing and, if necessary, storage and transportation of materials. Supervision and labor to perform all Franchisee publicity and education, collection, processing and, where applicable, marketing tasks. Provision of proper safety equipment and insurance for vehicles and workers. Provision and maintenance of a processing facility, yard and all utilities capable of housing equipment to process materials as specified in sz!i~ waste Solid Waste, recycling programs and applicable City ordinances, resolutions and rules and regulations. Marketing of all collected recyclable materials and reporting market prices. Performing initial and ongoing publicity and education functions as specified in the requirements of this Franchise. Submission of all documents and plans for public education to the City for prior approval. Meeting all the reporting requirements. Acquisition at Franchisee's expense of all the necessary land use, building, operating, and business permits and registrations, ~n~ e, ompt4an~. The Franchisee shall be liable for all fines or civil penalties which may be imposed by any regulatory agency for Franchisee-caused violations of permits, laws or regulations; the City shall not be liable for and shall not reimburse Franchisee for payment of any such fines or civil penalties. The Franchisee reserves the right to contest any such fines in administrative proceedings or in court prior to any payment by the Franchisee. In performing each and every service to be performed under this Franchise, the Franchisee, its officers, employees, agents and subfranchisees shall at all times comply with all applicable laws: -34- 5~79323~ regulations, ordinances, building codes, orders and all other requirements of federal, state, regional, county and local government authorities and agencies having jurisdiction over the activities to be performed hereunder, which requirements include, without limitation, all applicable statutes, regulations and orders concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, buming and nonbuming requirements, permits, fees and similar subjects ("applicable legal requirements"). The City shall have the right to inspect copies of all correspondence or any other documents sent to or from the Franchisee, its officers, employees, agents or subfranchisees to any government agency, federal, state, regional, county or local, related to any and all of the requirements of law relating to this Franchise. Any failure to comply with applicable ~ requirements that are, in the City's reasonable discretion, material to performance of the Franchisee's obligations herein shall constitute a breach of this Franchise for which the City may exercise its remedies provided under Section 22 D above. In the event any contract manager, officer or director of the Franchisee is convicted of fraud, bribery or attempted bribery_ of a public officer or employee, embezzlement, extortion, racketeering, false claims, false statements, forgery or any other similar felony involving business dishonesty, the Franchisee shall promptly remove from responsibility or office the convicted employee, officer or director and eliminate the ability of such employee, officer or director to manage, supervise or influence the decisions or actions of the Franchisee or any parent company of the Franchisee. If the Franchisee fails to comply with the foregoing obligation, the Franchisee may be considered in breach of this Agreement and the Franchisor may terminate this Agreement at the Franchisor's option as provided in Section 22. 4-2 1~3. Cooperation with the City's Director in resolving any issues related to solht--wast~ Solid Waste and recycling collection, marketing and disposal. City's Responsibilities. Overall project administration and final approval on all Franchise activities. -35- 5~79323~ o All monitoring and evaluation of the collection, processing and disposal operations with the cooperation of the Franchisee. Review and ultimate approval of provisions for publicity and education components of this Franchise. Development of a review procedure for evaluating publicity documents and plans. 30. Modification. This Franchise constitutes the entire agreement and understanding between the parties hereto, and it shall not be considered modified, altered, changed or amended in any respect unless in writing in advance and signed by the parties hereto. 31. Effective Date. This Franchise shall be effective upon execution by both parties. 32. Damage to Property. If any City property, or property of any residence or business of any kind is damaged by any reason of the Franchisee's operation under this Franchise, the Franchisee shall repair or replace the same after being notified of the damages, such repair or replacement of City Property being at the sole option of the City. All claims shall be resolved in a prompt, satisfactory manner. The City shall not be liable to the Franchisee for any loss or damage other than loss or damage occurring directly and solely as a result of the negligence of the City. 33. Payment of Claims. The Franchisee agrees to promptly pay as they become due all claims for labor, supplies and materials purchased for or furnished to the Franchisee in the execution of this Franchise, and further agrees to comply with all provisions of Federal, State, County and City laws and ordinances, rules and regulations affecting, directly or indirectly, the subject matter of this Franchise. retainage mounts in effect on J~u~ 1, 1999 as set fo~h on Exhibit "B" a~ached hereto ~d incorporated herein by this reference, shall remain in effect through the end of the term (December 31, 2001), subject only to the adjustments expressly specified on Exhibit "B", and adjustments, if requested by the City, necessary_ to pass through to Federal Way decreases in disposal charges or disposal costs resulting from the delivery of tonnages to disposal facilities owned by entities other than King County.. The Franchisee shall have all exclusive responsibility for billing and collection of accounts for charges and services to customers under this Franchise. -36- 5~79323~ .q~..e As its total compensation for all services provided hereunder, the Franchisee shall retain +u ....................... ....... + .... ,u~.~a :_ ,u~ ~.a: ........... ; .... *~ ~ by ~e City ~ ..... ;~ ............ · ~p::~. gross ~; .... ,~; .... ~ .... ,~,~a ; ..... ;a~.~,;~ fo- the .... cc revenues generated in accord~ce with the rates set fo~h on E~ibit "B" ~d as adjusted ~ set forth herein, minus the amounts specified on Exhibit "B" as City retainage. The Franchisee shall make payments to the City of City retainage amounts within thirty (30) days after the billing of customer accounts. T~. ........ · ~, ~. ...... ~ ,^ ,~. .... ,u~ .... ,~ r,:,., r~ ..... a Payments to the City_ hereunder are exclusive of and in addition to any taxes, fees, assessments or other charges payable to the City now in effect or hereafter enacted. Franchisee shall be responsible for the timely payment of taxes and all other costs related to its obligations hereunder. c^. v.a..a~ Way r~; ..... ~ ....... + +..;cc ~ ~c D~e~be~ 17, 1991 In the event that payment is not received by the City by the date specified in this Section, Franchisee shall pay a late payment fee equal to 10 percent of the outstanding balance in addition to interest on the outstanding balance at the rate of 10 percent per annum calculated from the due date. 35. Service to New Customers. The Franchisee shall provide service to new customers within one week of request for such services. If Franchisee is unable to provide the size of garbage Garbage or recycling receptacle ordered by the customer within one week, then the Franchisee may temporarily provide the customer with any sufficient size gar-ba~ Garbage and recycling receptacle provided, however, the service provided to the customer and the rate charged the customer is equivalent to the service and rate for the gar-ba~ Garbage and recycling receptacle ordered. The gar-ba~ Garbage and recycling receptacle and service ordered shall be provided to the customer no later than thirty (30) calendar days after the request. The Franchisee shall mail or deliver the following items to all new residential customers: 1) the brochure produced by the Franchisee entitled "Curbside Recycling; 2) the "Recycling Hint Sheet" produced by the City (and provided to the Franchisee by the City); 3) a collection calendar for reeyc!able.q.,,,,~-a ~--a ..... ..,,o,~+~ Recyclable Materials and Yard Waste; and 4) a "Yard Waste Recycling" sign-up card. The availability of deskside recycling boxes shall be made known to all new commercial customers who indicate an interest in subscribing to recycling service. 36. City Owned Property and Buildings. The Franchisee agrees to provide for the removal and disposal of gavbag~ Garbage, refuse and recyclable materials from City occupied buildings and from City parks within the City limits of Federal Way without charge to the City, provided that the same is placed in the detachable containers or mobile toters agreed to between the City and Franchisee. The Franchisee shall provide a maximum of thirty (30) ninety gallon (90) toters for use by the City for recycling in City parks. The Franchisee shall provide deskside recycling boxes without charge to all City occupied buildings. In addition, Fire and Police Department offices located within the City of Federal Way shall be provided with deskside -37- 50079323 04 recycling boxes without charge provided that these departments have subscribed to recycling service with the Franchisee. 37. Severability. If any term or provision of this Franchise or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of the Franchise shall not affected thereby and each term and provision of the Franchise shall be valid and enforced to the fullest extent permitted by law. 38. Capital Expenditures. The Director shall be given prior written notice of proposed major capital expenditures planned by the Franchisee. For purposes of this section, the term major capital expenditures shall be those transactions involving the purchase of lease of any item of machinery or equipment which has an acquisition cost of Fifty Thousand and no/100 Dollars ($50,000.00) or more. The Director shall have ten (10) business days from the date of notification to object to the proposed expenditure in writing to the Franchisee. In the event the City fails to provide the requisite objection to the proposed expenditure, the Franchisee may proceed with the expenditure. The Franchisee will provide a list of proposed major capital expenditures to the City. This list will serve as a guide for the City in evaluating major capital expenditures. Both parties agree to meet and discuss the basis of any potential objection offered by the City. A minimum of twenty-five percent (25%) of the annual pre-tax profit margin realized by the Franchisee shall be re-invested in the Franchisee's company for the purpose of purchasing necessary equipment. This reinvestment is intended to reduce the amount of financing and allowable interest expense required for new capital expenditures, in order to forestall rate reviews. Although the Franchisee shall be required to reinvest twenty-five percent (25%) of its pre-tax profit, such expenditures may be averaged over three (3) years. The excess expenditure in any given year shall be treated as a credit against the amount of pre-tax profit that must be reinvested in future years. In any event, the Franchisee is required to reinvest no less than twenty five (25%) of pre-tax profit each and every year during the term of this Franchise after taking into consideration the application of any available reinvestment credit carried forward. The Franchisee shall report that such profit is reinvested by providing documentation satisfactory to the City when making or financing City approved capital purchases in excess of Fifty Thousand and no/100 Dollars ($50,000.00). Major capital expenditures made by the Franchisee shall be amortized over a period of seven (7) years for new equipment or five (5) years for used equipment, in order to minimize potential adverse impacts to the Franchisee's profit margin. Franchisee shall provide to the City a list of existing inventory, in form and content acceptable to the City, to assist the City with the evaluation of future equipment purchases, and to specify the equipment defined as "such property" under Section 8, (I), of this Franchise. The list shall include all of the Franchisee's vehicles, facilities, equipment, and property. The list shall also include general information on the type, number, and size of containers in use by Franchisee's customers. The list shall be updated on an annual basis, to reflect changes in the Franchisee's inventory. -38- 5~79323~ Equipment related to the provision of service under this Franchise which is purchased with City provided funding or grant funding will be and remain City property. Franchisee will be responsible for storage, accountability, inventorying, delivery, repair and maintenance of such equipment, at Franchisee's sole expense, in return for making use of the equipment at its service addresses. Such equipment will not be used to service accounts outside of the City of Federal Way. Any equipment purchased by the City using grant monies, and used by Franchisee, shall be maintained, accounted for, held, and replaced in accordance with the terms of said grant. After consulting with the Franchisee, the City agrees to purchase equipment types compatible with Franchisee's existing equipment and equipment distinguishable from Franchisees' own equipment. 39. Transition to Next Contractor. The Franchisee shall provide to the City one month before the expiration or earlier termination of this Franchise a complete list of customer contacts, phone numbers, addresses, service levels, and other requested customer service information. This information shall be provided on magnetic medium in a commonly recognized format acceptable to the City. The Franchisee shall work with the City and subsequent Solid Waste contractors or franchisees in good faith to ensure a minimum of customer disruption during the transition period. Commercial and residential receptacle removal and replacement shall be coordinated between the Franchisee and subsequent franchisees or contractors to occur simultaneously and minimize customer inconvenience. DATED this __ day of ., 1999. CITY OF FEDERAL WAY ATTEST: By: Kenneth E. Nyberg, City Manager 33530 1st Way South Federal Way, WA 98003 City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: -39- 50079323 04 City Attorney, Londi K. Lindell 1212 l~E2 D Al II~AV lhI~Dt~ A ! ~t~t[~D A ~V WASHINGTON WASTE HAULING & RECYCLING, INC. By: (Signature) (Name) Its: (Title) c/oWashington Waste Hauling & Recycling, Inc. P. O. Box 1877 Auburn, WA 98071-1877 -40- 50079323 04 EXHIBIT EXHIBIT I~ RATES AND RETAINAGES FOR SERVICE The following schedules list the charges for services rendered within each category of service, effective January. 1, 1999, A. Single Family Solid Waste and Recyclables Collection Residential Rates Franchisee Total Rate Category Old New City Recycling Franchisee Charge Rate Rate Retainalge Retaina~e Retainage 10 Gal Mini Can 4.§§ 5.15 -1.31 1.80 6.46 Monthly 20 Gal Mini Can g.08 8.52 -.87 1.80 9.39 Monthly One 32 Gallon Can 12.94 13.65 .95 1.80 12.70 Monthly Two 32 Gallon Cans 19.41 20.48 2.50 1.80 17.98 Monthly Three 32 Gallon Cans 26.21 27.65 2.00 1.80 25.65 Monthly Four 32 Gallon Cans 35. (,8 37.64 2.00 1.80 35.64 Monthly Five 32 Gallon Cans 42.82 45.18 2.00 1.80 43.18 Monthly 60 Gallon Toter 19.0,3 20.08 1.00 1.80 19.08 Monthly 90 Gallon Toter 25.57 26.98 1.00 1.80 25.98 Monthly One 32 Gallon Can (Once per 4.22 4.45 .00 0.45 4.45 Monthly Month) Carryout Charge for Non-Infirm Customers Carryout Charge for Infirm Customers (those with proof of physical disability or infirmity for all residents at customer's address) Over 5 feet but not over 25 feet the rate is $0.77 and for each additional 25 feet or fraction thereof, add $0.47. No charge will be levied Be Yard Waste Collection Rates in effect for residential, multi-family and commercial account are set forth below. collected, 100% of these monies are retained by the Franchisee. Of the rates RATE CATEGORY OLD MONTHLY RATE NEW MONTHLY RATE SERVICE SINGLE FAMILY 90 gallon toter (regular collection schedule Extra unit of yard waste for subscribers (in addition to 90-gallon toter) Large quantities of bundled prunings Redelivery Charge* ~, ..,. ,-, $ 6.01 Weekly 1.93 Per Unit $5.38 $ 6.01 Per Yard per yard (180 gallon equivalent) on scheduled yard waste days $20.89 Per Redelivery ' This charge will only apply to customers who cancel yard waste toter collection service within a twelve (12) month period. There will be no charge for the initial delivery of yard waste toters to customers. MULTI FAMILY & COMMERCIAL One cubic yard $39-49 $41.25 Weekly container Two cubic yard ,o,.,.uz $77.31 Weekly container 90 gallon toter 4, .,. ,., $ 6.01 Single Family Schedule Yard Waste Recycling Fee Increases - Future yard waste disposal fee increases made by Federal Way Disposal's vendor, which vendor will be the most economical yard waste disposal vendor, for use by Federal Way Disposal of its recycling facilities, shall be automatically passed through and assessed, after all public notice as required by law, against the use of toters and containers designated for yard waste. C. Rates for Multi-Family Solid Waste and Recycling Collection C. 1. Multi-family Solid Waste and Recycling Collection (Can Service) a. SOLID WASTE ONLY Existing complexes with curbside can service will be charged for each 32 gallon can collected. Each unit shall receive curbside service. The entire complex must subscribe at a rate of $90t- $ 9.51 per can per month. Of the rates collated, $-8:65 $9.15 is retained by the Franchisee and $ 0.36 is retained by the City. b. SOLID WASTE & RECYCLABLES Existing complexes with curbside can service will be charged for solid waste and recycling pickup at each unit. Each unit shall receive curbside service for solid waste and recyclables and each unit in the entire complex must subscribe to the same level of service at the charges and retainages listed below: Franchisee Total Rate Category Old New City Recycling Franchisee Charge Rate Rate Retainage Retainage Retaina~e 10 Gal Mini Can 4.92 5.19 -1.31 1.80 6.50 Monthly 20 Gal Mini Can · ,, 8.61 -.87 1.80 9.48 Monthly One 32 Gallon Can 13.0,7 13.79 .95 1.80 12.84 Monthly Two 32 Gallon Cans 19.59 20.67 2.68 1.80 17.99 Monthly 60 Gallon Toter 19.21 20.27 2.00 1.80 18.27 Monthly 90 Gallon Toter .... ~o.o~ 27.23 5.50 1.80 21.73 Monthly C. 2. Multi-Family Customers Rates and Retainages for Collection of Solid Waste Using Toters, Cans or Containers A. SOLID WASTE SERVICE RATES RECEPTACLE Number of pickups per week 32 Gallon Can 9.51 n/a n/a n/a n/a Rates Include the Following: Monthly Rent & '~.,,,"' Service Rate Per Picka~p 1 Cubic Yard 53.54 96.76 139.97 183.18 226.40 Rent 9.79 10.33 .... 9t--30 ............... S trice "A ~ 9 98 1.5 Cubic Yards 71.47 129.84 188.21 246.57 304.94 Rent 12.42 13.10 ........................ S trice .... 13 48 2 Cubic Yards 96.26 176.63 256.99 337.36 417.72 Rent 15.,07 15.90 .... -}6-7r09 ............... Servic .... 18 56 3 Cubic Yards 125.03 229.99 334.95 439.91 544.87 Rentl .... ~.,,~ 20.07 ......................... Service .... 24 24 4 Cubic Yards 162.19 301.58 440.96 580.34 719.72 Rent 21.,52 22.81 ....................... S rvice .... 32 19 6 Cubic Yards 224.63 420.13 615.63 811.13 1,006.63 Rent 27.61 29.13 ......................... Service .... 45 15 8 Cubic Yards 283.64 532.57 781.51 1,030.44 1,279.37 Rent 32.9~0 34.71 Bulk Mm'Is ($/yd) 8.56 n/a rda fda n/a 4 B. CITY SOLID WASTE RETAINAGE AMOUNTS Number of pickups per week 32 Gallon Can .36 n/a n/a n/a n/a 60 Gallon Toter .25 n/a n/a n/a n/a 90 Gallon Toter .25 fda n/a n/a rda 1 Cubic Yard .50 .50 .50 .50 .50 1.5 Cubic Yards .50 .50 .50 .50 .50 2 Cubic Yards .50 .50 .50 .50 .50 3 Cubic Yards .50 .50 .50 .50 .50 4 Cubic Yards 1.50 1.50 1.50 1.50 1.50 6 Cubic Yards 2.30 2.30 2.30 2.30 2.30 8 Cubic Yards 3.04 3.04 3.04 I 3.04 3.04 Bulk Mat'ls ($/yd) 0 C. 3. Rates Charged to Multi-family Customers for the Collection of Recyclables Using Toters, Cans or Containers (Franchisee retains 100% of rates). RECEVr^CLE I Number of pickups per week II SIZE 1 2 3 Special Pickups Rent (per month) 32 G~on C~ 5.56 n/a n/a n/a n/a 60 Gallon Toter 11.94 n/a n/a n/a n/a 90 Gallon Toter 14.73 n/a n/a n/a n/a 1 Cubic Yard 34.60 60.76 86.91 6.04 8.45 2 Cubic Yards 58.28 103.57 1 ~$.87 10.46 12.99 3 Cubic Yards 72.12 127.81 183.49 12.86 16.44 4 Cubic Yards 92.62 166.57 240.53 17.08 18.66 6 Cubic Yards 127.71 231.58 335.46 23.99 23.83 8 Cubic Yards 160.47 292.53 424.60 30.50 28.40 Glass Basket 6.00 Glass 60 Gallon 9.47 D. Rates for Commercial Solid Waste Collection Services Rates and Retainages for Collection of Solid Waste Using Toters, Cans or Containers D. 1. Rates Charged to Customers for Uncompacted Solid Waste Collection Number of pickups per week [[ RECEPTACLE SIZE Rates Include the 1 2 3 4 5 Following: Monthly Rent & Service Rate Per Pickup 32 Gallon Can 9.41 fda rda n/a fda 60 Gallon Toter 26.34 rda n/a fda fda 90 Gallon Toter 38.89 n/a n/a fda nla 1 Cubic Yard 53.04 95.87 138.69 181.51 224.34 Rent 9.69 10.22 ...................... Servic 937989 1.5 Cubic Yards 70.83 128.68 186.53 244.38 302.22 Rent 12.30 12.98 ........................ Service .... 13 36 2 Cubic Yards 95.34 174.92 254.51 334.09 413.68 Rent 14.93 15.75 ....................... Service .... 18 38 3 Cubic Yards 123.84 227.81 331.77 435.73 539.70 Rent ....,o.o-, 19.88 ~ ~ ,..,~ -2-t-5z94 ..... 9 -, ~.,.,~-, ....... .,, 1.59 Service 22.76 24.01 4 Cubic Yards 160.63 298.67 436.71 574.75 712.79 Rent 21~41 22.59 152.26 .... v ............ § ,-,,o.~,~ Service.~..~.~ .... 31.88 6 Cubic Yards 222.53 416.21 609.89 803.57 997.25 Rent ....~,..,., 28.85 .............. 7 .......... Service .... 44 73 8 Cubic Yards 280.93 527.48 774.03 1,020.58 1,267.13 Rent_,,...,J .... 34.38 Bulk Mat'ls ($/yd) 8.47 rda n/a n/a n/a 6 D.2. Rates charged for Compacted Solid Waste Collection (Customer's Own Container) FIRST PICK-UP SPECIAL PICKUP EACH ADDITIONAL RECEPTACLE SIZE PICKUP 1 Cubic Yard .... 44.56 .,~.~-. .... 44.56 .... 44.56 3 Cubic Yards ,,~.,,,, ..... 109.80 ,,~,.,,o ..... 109.80 ~,,-,.,,o ..... 109.80 4 Cubic Yards ~.,o..,,,'~° ~,: 146.18 ,.,o..,,, .....146.18 ~_,o..,,~ ..... 146.18 5 Cubic Yards ~,,.~..,~ .....172.51 .,,.,..,,"~' ~'172.51 ~,,.,.-,~ ..... 172.51 6 Cubic Yards ,v,,.-,,, ..... 198.85 ~o~.-,o ..... 198.85 ~oo.-,o ..... 198.85 8 Cubic Yards ..... ~.,o..,,, 251.51 ~_,o.40 251.51 ~.,o.-,,, ..... 251.51 Note I' Permanent accounts: service is defined as no less than scheduled, every other week pickup. Customers will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially filled containers. Note 2: In addition to all other applicable charges, a charge of $11.14 per yard (assessed on a pro rata basis) will be assessed if containers are filled past their visible full limit, container lids will not close due to overfilling, or if additional materials are placed on or near the containers. D. 3. City Solid Waste Remlmtge Amounts Number of pickups per week RECEPTACLE SIZE 1 2 3 4 5 32 Gallon Can .3___~6 n/a n/__~a n/__~a n/a 60 Gallon Toter .25 n/a n/a n/a n/a 90 Gallon Toter .25 n/a fda fda n/a 1 Cubic Yard .50 .50 .50 .50 .50 1.5 Cubic Yards .50 .50 .50 .50 .50 2 Cubic Yards .50 .50 .50 .50 .50 3 Cubic Yards .50 .50 .50 .50 .50 4 Cubic Yards 1.50 1.50 1.50 1.50 1.50 6 Cubic Yards 2.30 2.30 2.30 2.30 2.30 8 Cubic Yards 3.04 3.04 3.04 3.04 3.04 Bulk Mat'ls {$/yd) 0 E. Rntez for Temporary Solid Waste Collection Services - Residential or Commercial SIZE OR TYPE OF CONTAINER SERVICE TYPE 1 YD I 1.5 YD [ 2~I3 YD I 4YD [ 6 YD I 8 YD Temporary Account Initial Delivery 15.83 15.83 15.83 15.83 15.83 15.83 15.83 Old Pickup Rate* 12.37 15.66 2C,.42 ~ ~ 45v40 56r9-7 New Pickup Rate* 13.05 16.52 21.54 27.18 35.05 47.90 60.10 Rent Per Calendar Day 1.06 1.06 1.06 1.06 1.06 1.58 1.85 Rent Per Month n/a n/a n/a n/a n/a n/a n/a * Note: The above pick-up rate applies when collection is made during the regularly scheduled pick-up day(s) for the vicinity of the temporary container. Customer will be informed of the scheduled pick-up date (or date options) upon ordering container. If customer requests a pick-up on other than the regularly scheduled pick-up date, a special dispatch fee may be assessed in addition to the above pick-up rate. There are no retainages associated with Temporary Solid Waste Collection Services F. Rate for Special Dispatches and Container Clean-Outs For residential or commercial special dispatches, the rate shah be $60.61 $66.91 per hour, with a minimum of one-half hour, plus tipping fees to dispose of the material (if such tipping fees are not already included in service requested). Time shall be charged from the time the vehicle leaves its scheduled route (or the collector's terminal) until its return to the route or terminal. Time shah be recorded to the nearest 15 minute increment. Up to one container clean-out per calendar year shah be provided at no cost to the customer upon request. More frequent clean-out customer clean- outs may be assessed a reasonable charge by the franchisee. There are no retainages associated with Special Dispatch or Clean-out Services. ~. Drop-Box Rates OLD RATE PERMANENT MONTHLY NEW RATE OLD RATE NEW RATE DELIVERY .. RENT MONTHLY RENT (PER HAUL) (PER HAUL) CHARGE 20 Yard .,,.-~ .... 32.90 .~.,., ~ .... 56.53 N/A 30 Yard 41.24 43.08 54,12 56.53 N/A OLD RATE HAULING TEMPORARY OLD RATE DAILY RENT (PER HAUL) (PER HAUL) DELIVERY 25 Yard 3,12 3.26 67.24 70.23 27.68 30 Yard 3.79 3.96 70.23 27.68 40 Yard 3.79 3.96 70.23 2?.68 CO M PACTO RS 0 + Yard N/A 83.43 N A Note: There are no retainages associated with Drop Box Services H. King County Disposal Fee Increases Any future disposal fee increases, as established by King County Solid Waste, for use of King County transfer stations, landfills, and other King County facilities, shall be automatically passed through and assessed, after all public notice as requh'ed by law, against the use of toters and containers designated for solid waste and not assessed against the use of toters or containers designated for recyclables. I. Return Trips When a collector is required to make a return trip to pickup material that was unavailable for collection, for reasons under the control of the customer only, the following additional charges will apply. Can, unit or mini-can, recycle bins, toters .................................................. $10.50 Container I-8 yd ...................................................................... $12.50 Drop Box ........................................................................... $ 32.50 Revised 1/99 K:\SWR\F'WD~CRATE99.EXA 9